Bill Text: NY A09451 | 2011-2012 | General Assembly | Amended


Bill Title: Relates to assumed amortization for school projects.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2012-06-14 - substituted by s6395c [A09451 Detail]

Download: New_York-2011-A09451-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9451--C
                                 I N  A S S E M B L Y
                                     March 1, 2012
                                      ___________
       Introduced by M. of A. ROBERTS, FINCH, LINARES, COOK, ESPINAL, ROBINSON,
         JAFFEE,  HOOPER  --  Multi-Sponsored  by -- M. of A. BARCLAY, BOYLAND,
         MAGEE -- read once and referred  to  the  Committee  on  Education  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee -- again  reported  from  said  committee  with  amendments,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to amend the education law, in relation to assumed amortization
         for school projects
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Clause (b) of subparagraph 3 of paragraph e of subdivision
    2  6 of section 3602 of the education law, as amended by  section  31-a  of
    3  part A of chapter 57 of the laws of 2012, is amended to read as follows:
    4    (b)  Such  assumed  amortization for a project approved by the commis-
    5  sioner on or after the later of the first day of December, two  thousand
    6  one or thirty days after the date upon which this subdivision shall have
    7  become  a law and prior to the first day of July, two thousand eleven or
    8  for any debt service related to projects approved  by  the  commissioner
    9  prior  to such date where a bond, capital note or bond anticipation note
   10  is first issued on or after the first day of December, two thousand  one
   11  to  fund  such  projects, shall commence: (i) eighteen months after such
   12  approval or (ii) on the date of receipt by the commissioner of a certif-
   13  ication by the district that a general construction  contract  has  been
   14  awarded  for  such project by the district, whichever is later, and such
   15  assumed amortization for a project approved by the [commissioner] VOTERS
   16  OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A  CITY  SCHOOL
   17  DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED TWENTY-FIVE THOUSAND
   18  INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, on or after the first
   19  day of July, two thousand eleven shall commence: (iii)  eighteen  months
   20  after [such] COMMISSIONER approval or (iv) on the date of receipt by the
   21  commissioner  of both the final certificate of substantial completion of
   22  the project issued by the architect  or  engineer  and  the  final  cost
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14225-07-2
       A. 9451--C                          2
    1  report  for  such  project, whichever is later or (v) upon the effective
    2  date of a waiver based on a finding by the commissioner, pursuant  to  a
    3  process  set  forth  by the commissioner, that the district is unable to
    4  submit  a  final  certificate  of substantial completion for the project
    5  and/or complete the final cost report because  of  circumstances  beyond
    6  the control of the district. Such assumed amortization shall provide for
    7  equal semiannual payments of principal and interest based on an interest
    8  rate  established  pursuant  to  subparagraph five of this paragraph for
    9  such purpose for the school year  during  which  such  certification  is
   10  received.  The  first  installment  of  obligations issued by the school
   11  district in support of such projects may mature not later than the dates
   12  established pursuant to sections 21.00 and 22.10 of  the  local  finance
   13  law.
   14    S 2. This act shall take effect immediately.
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