Bill Text: NY S06234 | 2011-2012 | General Assembly | Introduced


Bill Title: Authorizes municipalities to finance, through the issuance of serial bonds during the 2012 fiscal year, unanticipated flood-relief expenses incurred during the 2011 fiscal year; provides the final maturity of such bonds shall be in 2017.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-17 - REFERRED TO LOCAL GOVERNMENT [S06234 Detail]

Download: New_York-2011-S06234-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6234
                                   I N  S E N A T E
                                   January 17, 2012
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the local finance law, in relation to temporary alterna-
         tive methods of financing flood relief expenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph a of section 26.10 of the local finance law, as
    2  amended by chapter 157 of the laws  of  2006,  is  amended  to  read  as
    3  follows:
    4    a. Definitions. 1. With respect to any municipality which has a calen-
    5  dar  fiscal  year which commenced on the first day of January, two thou-
    6  sand [five] ELEVEN, the terms "extraordinary expenses for flood  relief"
    7  and  "such  extraordinary expenses", as used in this section, shall mean
    8  the expenses incurred for flood relief  projects  involving  the  public
    9  thoroughfares,  public  places  and projects of such municipality during
   10  any or all of the months of such year, in excess of the normal  expenses
   11  which  would have been incurred for such purposes during such periods as
   12  determined by the finance board of such municipality and also any inter-
   13  est payments on revenue anticipation notes issued in anticipation of the
   14  receipt of moneys from the state or federal government pursuant  to  any
   15  state  or federal disaster relief act. In making any such determination,
   16  the finance board shall not include as  a  part  of  such  extraordinary
   17  expenses  the  salaries and wages of regular employees, except for over-
   18  time work and work on Sundays and holidays.
   19    2. With respect to any municipality or school  district  which  has  a
   20  fiscal year which commenced in the year two thousand [five] ELEVEN on or
   21  after  the  first  day  of  March in such year, the terms "extraordinary
   22  expenses for flood relief projects" and "such  extraordinary  expenses",
   23  as  used  in  this  section,  shall  mean the expense incurred for flood
   24  relief projects involving the public thoroughfares,  public  places  and
   25  projects  of  such  municipality  or  school district during such fiscal
   26  year, in excess of the amounts appropriated for  such  purposes  in  the
   27  annual  budget  for such fiscal year, or, if no such appropriations were
   28  made, then in excess  of  the  average  of  all  expenditures  for  such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13990-01-2
       S. 6234                             2
    1  purposes  during  each  of  the five preceding fiscal years prior to the
    2  fiscal year commencing in the year two thousand [five] ELEVEN, as deter-
    3  mined by the finance board of such municipality or school district.
    4    S 2. Subdivisions 1 and 2 of paragraph b of section 26.10 of the local
    5  finance  law, as amended by chapter 157 of the laws of 2006, are amended
    6  to read as follows:
    7    1. The finance board of a municipality which has a fiscal  year  which
    8  commenced  on  the first day of January, two thousand [five] ELEVEN, may
    9  authorize the issuance of serial bonds in the two thousand [six]  TWELVE
   10  fiscal  year  to  provide for the payment of all or part of the extraor-
   11  dinary expenses of flood relief incurred during any or all of the months
   12  of two thousand [five] ELEVEN, to reimburse any fund or account  of  the
   13  municipality  from  which moneys to pay such extraordinary expenses have
   14  been advanced or to replenish any fund or account  of  the  municipality
   15  from  which  such extraordinary expenses have been paid, or any combina-
   16  tion of such purposes, notwithstanding that there may have been lack  of
   17  statutory  authority  for  any such advance or payment from such fund or
   18  account. The period of probable usefulness of such objects  or  purposes
   19  shall be five years. Any such serial bonds shall have a maximum maturity
   20  of  over  two  years,  but  the date of final maturity of any such issue
   21  shall not extend beyond the first day of March in the year two  thousand
   22  eleven  as to counties and towns and shall not extend beyond the thirty-
   23  first day of December, two thousand  [eleven]  SEVENTEEN,  as  to  other
   24  municipalities.
   25    2.  The finance board of a municipality or school district which has a
   26  fiscal year which commenced in the year two thousand [five] ELEVEN on or
   27  after the first day of March in such year may authorize the issuance  of
   28  serial  bonds  in  the  two thousand [six] TWELVE fiscal year, or in its
   29  next succeeding fiscal year, to provide for the payment of all  or  part
   30  of  the extraordinary expenses of flood relief incurred in the two thou-
   31  sand [five] ELEVEN fiscal year, to reimburse any fund or account of  the
   32  municipality  or  school district from which moneys to pay such extraor-
   33  dinary expenses have been advanced or to replenish any fund  or  account
   34  of  the  municipality  or  school district from which such extraordinary
   35  expenses have been paid, or any combination of such  purposes,  notwith-
   36  standing  that  there  may have been lack of statutory authority for any
   37  such advance or payment from such fund or account. The period of  proba-
   38  ble usefulness of such objects or purposes shall be five years. Any such
   39  serial  bonds  shall  have a maximum maturity of over two years, but the
   40  date of final maturity of any such issue shall  not  extend  beyond  the
   41  thirty-first day of December, two thousand [eleven] SEVENTEEN.
   42    S  3.  This  act  shall take effect immediately and shall be deemed to
   43  have been in full force and effect on and after December 1, 2011.
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