Bill Text: NY S08422 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to expenses related to the state disaster emergency declared pursuant to executive order 202 of 2020; authorizes the extension of repayment of inter-fund advances made for expenses related to the state disaster emergency declared pursuant to executive order 202 of 2020.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-26 - REFERRED TO RULES [S08422 Detail]

Download: New_York-2019-S08422-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8422

                    IN SENATE

                                      May 26, 2020
                                       ___________

        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend a chapter of the laws of 2020 amending the local finance
          law relating to bond anticipation notes issued in calendar years  2015
          through  2021, as proposed in legislative bills numbers S. 8417 and A.
          10492, in relation to expenditures and temporary transfer  of  reserve
          funds for expenses related to state disaster emergency declared pursu-
          ant  to  executive  order 202 of 2020 and authorizing the extension of
          repayment of inter-fund advances made for expenses  related  to  state
          disaster emergency declared pursuant to executive order 202 of 2020

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The title of a chapter of the laws  of  2020  amending  the
     2  local finance law relating to bond anticipation notes issued in calendar
     3  years 2015 through 2021, as proposed in legislative bills number S. 8417
     4  and A. 10492, is amended to read as follows:
     5    to amend the local finance law, in relation to bond anticipation notes
     6  issued in calendar years 2015 through 2021; to authorize the expenditure
     7  and  temporary transfer of reserve funds for expenses related to [COVID-
     8  19] the state disaster emergency declared pursuant  to  executive  order
     9  202  of  2020; and to authorize the extension of repayment of inter-fund
    10  advances made for expenses related  to  [COVID-19]  the  state  disaster
    11  emergency declared pursuant to executive order 202 of 2020
    12    §  2.  Section  2  of a chapter of the laws of 2020 amending the local
    13  finance law relating to bond anticipation notes issued in calendar years
    14  2015 through 2021, as proposed in legislative bills numbers S. 8417  and
    15  A. 10492, is amended to read as follows:
    16    §  2.  Notwithstanding  any  provision  of  sections 6-c or 6-g of the
    17  general municipal law or section  3651  of  the  education  law  to  the
    18  contrary,  the  governing  board of a town, village, county, city, water
    19  improvement district,  sewer  improvement  district,  fire  district  or
    20  school  district, by resolution which shall not be subject to referendum
    21  requirements, may authorize expenditures from capital reserve funds  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16492-05-0

        S. 8422                             2

     1  capital  costs  attributable  to  the [COVID-19 pandemic] state disaster
     2  emergency declared pursuant to executive order 202 of 2020.
     3    §  3.  Section  3  of a chapter of the laws of 2020 amending the local
     4  finance law relating to bond anticipation notes issued in calendar years
     5  2015 through 2021, as proposed in legislative bills numbers S. 8417  and
     6  A. 10492, is amended to read as follows:
     7    §  3.  Notwithstanding any provision of the general municipal law, the
     8  town law or the education law to the contrary, the governing board of  a
     9  town,  village, county, city, water improvement district, sewer improve-
    10  ment district, fire district or school  district,  by  resolution  which
    11  shall  not  be subject to referendum requirements, if any, may authorize
    12  the temporary transfer of moneys from reserve funds to pay for operating
    13  costs attributable to the state disaster emergency declared pursuant  to
    14  executive order 202 of 2020 or other costs attributable to the [COVID-19
    15  pandemic]  state disaster emergency declared pursuant to executive order
    16  202 of 2020, provided, that the reserve fund from which the  funds  were
    17  temporarily  transferred  shall be reimbursed from the fund to which the
    18  transfer was made over a period of not  more  than  five  fiscal  years,
    19  starting  with  the  fiscal year following the transfer. At least twenty
    20  percent of the moneys temporarily transferred shall be  reimbursed  each
    21  fiscal  year.  Such  reimbursement  shall  include  an additional amount
    22  reasonably estimated to be the amount that would have been earned on the
    23  investment of the transferred moneys had they been retained in the capi-
    24  tal reserve fund.
    25    § 4. Section 4 of a chapter of the laws of  2020  amending  the  local
    26  finance law relating to bond anticipation notes issued in calendar years
    27  2015  through 2021, as proposed in legislative bills numbers S. 8417 and
    28  A. 10492, is amended to read as follows:
    29    § 4. Notwithstanding the provisions of subdivision 3 of section 9-a of
    30  the general municipal law, for inter-fund advances made pursuant to such
    31  subdivision for costs attributable  to  the  [COVID-19  pandemic]  state
    32  disaster  emergency  declared  pursuant  to executive order 202 of 2020,
    33  repayment of moneys to the fund from which they were advanced  shall  be
    34  made  by  close  of  the  fiscal year next succeeding the fiscal year in
    35  which such advance was made.
    36    § 5. This act shall take effect on the  same  date  and  in  the  same
    37  manner  as  a chapter of the laws of 2020 amending the local finance law
    38  relating to bond  anticipation  notes  issued  in  calendar  years  2015
    39  through  2021,  as  proposed in legislative bills numbers S. 8417 and A.
    40  10492, takes effect.
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