Bill Text: NY S08659 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides procedures relating to the adoption and submission of an annual budget by the Trustees of the Freeholders and Commonality of the town of Southampton.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-12 - PRINT NUMBER 8659B [S08659 Detail]

Download: New_York-2017-S08659-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8659                                                 A. 10677
                SENATE - ASSEMBLY
                                      May 10, 2018
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments
        AN ACT in relation to the taxing authority of the Trustees of the  Free-
          holders  and  Commonalty  of the town of Southampton and providing for
          procedures relating to their finances
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Suffolk  County  Tax Act. For the purposes of the Suffolk
     2  County Tax Act, the Trustees of the Freeholders and  Commonalty  of  the
     3  town  of  Southampton shall constitute a tax district and the provisions
     4  of said act relating to tax districts shall apply to the  Trustees.  The
     5  Trustees  shall be entitled to raise taxes annually upon a majority vote
     6  of the full membership of said board, as  provided  by  this  act.  Such
     7  amount  shall  be listed on the tax bill of the town of Southampton as a
     8  separate charge.
     9    § 2. Finances. 1. The Trustees of the Freeholders  and  Commonalty  of
    10  the town of Southampton shall adopt an annual budget, after public hear-
    11  ing,  including  all  costs  to  be raised by levy for the coming fiscal
    12  year.
    13    2. The Trustees' fiscal year shall run from the first day  of  January
    14  to the thirty-first day of December. The Trustees shall file the adopted
    15  annual  budget  with  the  clerk of the town in the time for the purpose
    16  specified in section 104 of the town law. The town board shall not  make
    17  any changes in the estimate of revenues or expenditures submitted by the
    18  Trustees.  Funds  approved by the Trustees shall be considered an annual
    19  appropriation therefor and shall be levied and collected annually by the
    20  town for the Trustees in the same manner and at the same time  as  other
    21  taxes in the town.
    22    3.  The town board of the town of Southampton shall levy a tax against
    23  the real property lying within the town for the amount to be  raised  by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15693-02-8

        S. 8659                             2                           A. 10677
     1  tax,  as approved by the Trustees. Such tax shall be an ad valorem levy.
     2  The town board shall pay the full amount of the tax levy approved by the
     3  voters over to the Trustees, in the manner provided for by  the  Suffolk
     4  County Tax Act.
     5    4. The town board of the town shall have the power to authorize, sell,
     6  and  issue bonds, notes, and other evidences of indebtedness pursuant to
     7  the local finance law in order to permit the Trustees to provide facili-
     8  ties or improved facilities. Upon written request of the  Trustees,  the
     9  town  board shall authorize, sell, and issue such bonds, notes, or other
    10  evidences of indebtedness as are necessary to  accomplish  the  improve-
    11  ments  specified  in  the  notice. The proceeds of such bonds, notes, or
    12  other evidences of indebtedness shall be paid to the Trustees and  main-
    13  tained  in a segregated account in accordance with section 165.00 of the
    14  local finance law and expended only on  specific  authorization  by  the
    15  Trustees.    Such indebtedness shall be repaid by taxes levied on behalf
    16  of the Trustees, as provided for by this act.
    17    5. The Trustees may accept any absolute gift, devise,  or  bequest  of
    18  real  or  personal  property  and  such  conditional  gifts, devises, or
    19  bequests as they shall by resolution approve.
    20    6. The Trustees shall be custodian of all funds, including  gifts  and
    21  trust  funds  paid over to the Trustees.  The Trustees may authorize the
    22  investment of funds in the same  manner  in  which  town  funds  may  be
    23  invested. Proceeds of obligations received from the town may be invested
    24  in  accordance  with  section 165.00 of the local finance law. No monies
    25  shall be disbursed by the Trustees except after audit by  the  Trustees.
    26  The Trustees shall audit all claims and shall order the payment thereof,
    27  except  as  otherwise  provided by this section. No such claims shall be
    28  audited or ordered paid by  the  Trustees  unless  an  itemized  voucher
    29  therefor shall be presented to the Trustees for audit and allowance. The
    30  provisions of this section shall not be applicable to payment of utility
    31  costs,  claims  of fixed salaries, and amounts which the Trustees may be
    32  required to pay on account  of  retirement  contributions  for  past  or
    33  current services to officers and employees of the Trustees. The Trustees
    34  shall keep such records in such manner as they may require.
    35    §  3.  Report of financial condition. For the purposes of article 3 of
    36  the general municipal law, the Trustees of the Freeholders and Commonal-
    37  ty of the town of Southampton shall be a municipal corporation  and  the
    38  provisions  of  said  article  relating  to municipal corporations shall
    39  apply to the Trustees.
    40    § 4. Limit upon real property tax levies  by  local  governments.  The
    41  Trustees  of  the  Freeholders and Commonalty of the town of Southampton
    42  shall be a local government pursuant  to  section  3-c  of  the  general
    43  municipal  law  and the provisions of such section providing for a limit
    44  upon real property tax levies by local governments shall  apply  to  the
    45  Trustees.
    46    §  5.  Applicability  of  town  law.  Except  as  provided herein, the
    47  provisions of article 8 of the town law shall apply to the Trustees,  as
    48  if  they  were  an  improvement  district, except as such provisions are
    49  inconsistent with the provisions of this act.
    50    § 6. Inter-municipal agreement authorized. The town board of the  town
    51  of Southampton and the Trustees of the Freeholders and Commonalty of the
    52  town of Southampton may execute an inter-municipal agreement pursuant to
    53  article 5-G of the general municipal law in order to efficiently execute
    54  the provisions of this act.
    55    §  7.  This  act  shall take effect immediately and shall apply to all
    56  fiscal years beginning on and after January 1, 2020.
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