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A11166 Summary:

BILL NOA11166
 
SAME ASSAME AS S10102
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd Part III §3, Chap 58 of 2023
 
Authorizes the South Country central school district, in the county of Suffolk, to issue serial bonds for the purpose of liquidating deficits in its general fund; requires that the district prepare quarterly budget reports, quarterly trial balances; provides for advance aid to such school district (Part A); extends provisions of law relating to directing the state inspector general to appoint an independent monitor for the Orange county industrial development agency for one year (Part B).
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A11166 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11166
 
                   IN ASSEMBLY
 
                                     April 29, 2026
                                       ___________
 
        Introduced  by  M. of A. PRETLOW -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means
 
        AN ACT authorizing the South Country central  school  district,  in  the
          county  of  Suffolk,  to  finance  certain deficits by the issuance of
          bonds and providing for advance  school  aid  to  such  district;  and
          providing  for  the  repeal of such provisions upon expiration thereof
          (Part A); and to amend part III of chapter 58 of  the  laws  of  2023,
          amending  the  general municipal law and the executive law relating to
          directing the state inspector general to appoint an independent  moni-
          tor  for  the Orange county industrial development agency, in relation
          to the effectiveness thereof; and providing for  the  repeal  of  such
          provisions upon expiration thereof (Part B)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement  the  state fiscal plan for the 2026-2027 state
     3  fiscal year. Each component is wholly contained within a Part identified
     4  as Parts A through B. The effective date for each  particular  provision
     5  contained  within  such  Part  is  set forth in the last section of such
     6  Part.  Any provision in any section contained within a  Part,  including
     7  the effective date of the Part, which makes a reference to a section "of
     8  this act", when used in connection with that particular component, shall
     9  be  deemed to mean and refer to the corresponding section of the Part in
    10  which it is found. Section three of this  act  sets  forth  the  general
    11  effective date of this act.
 
    12                                   PART A
 
    13    Section 1. South Country central school district deficit financing. 1.
    14  The  South  Country  central school district (hereinafter referred to in
    15  this section as the "district"), in the county  of  Suffolk,  is  hereby
    16  authorized  to  issue serial bonds, subject to the provisions of section
    17  10.10 of the local finance law, on or before October  31,  2027,  in  an
    18  aggregate   principal  amount  not  to  exceed  eleven  million  dollars
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12035-01-6

        A. 11166                            2
 
     1  ($11,000,000) for the specific object or purpose of  liquidating  actual
     2  deficits in its general fund at the close of the fiscal year ending June
     3  30,  2026  as certified by the state comptroller. In anticipation of the
     4  issuance  and  sale  of  such  serial bonds, bond anticipation notes are
     5  hereby authorized to be issued.
     6    2. Notwithstanding the provisions of any other law,  general,  special
     7  or local, the board of education of the district is hereby authorized to
     8  levy  a tax to be collected in annual installments sufficient to pay the
     9  principal of and interest on said bonds and bond anticipation notes  and
    10  to adopt a bond resolution authorizing the serial bonds authorized to be
    11  issued pursuant to this section.
    12    3.  Amounts  provided from the proceeds of obligations issued pursuant
    13  to this section in excess of the amount of the deficit as  confirmed  by
    14  the  state  comptroller  shall  be  accounted  for in the same manner as
    15  prescribed by the state comptroller pursuant to section 36 of the gener-
    16  al municipal law for real property taxes levied for  a  planned  balance
    17  pursuant to subdivision 21 of section 2021 of the education law.
    18    4.  Notwithstanding  any  inconsistent  provision  of  paragraph  d of
    19  section 10.10 of the local finance law, the board of  education  of  the
    20  district  shall  make  adjustments  to  the  district's  proposed budget
    21  consistent with any recommendations by the  state  comptroller  and  the
    22  commissioner of education.
    23    §  2.  South  Country  central  school district state aid advance. The
    24  South Country central school district (hereinafter referred to  in  this
    25  section  as  the  "district")  shall  be paid on an accelerated schedule
    26  pursuant to this section.
    27    1. (a) Notwithstanding any other provisions of law, for aid payable in
    28  the school years 2025-26 through 2054-55 upon application to the commis-
    29  sioner of education submitted not sooner than the second Monday in  June
    30  of  the  school year in which such aid is payable and not later than the
    31  Friday following the third Monday in June of the school  year  in  which
    32  such aid is payable, the district shall be eligible to receive an appor-
    33  tionment  pursuant  to this section in an amount equal to the product of
    34  up to seven million dollars ($7,000,000) and the quotient of  the  posi-
    35  tive difference of thirty minus the number of school years elapsed since
    36  the  2025-26  school year divided by thirty, provided, however, that for
    37  the 2025-26 school year such application shall  be  submitted  no  later
    38  than May 7, 2026.
    39    (b)  Funds  apportioned pursuant to this subdivision shall be used for
    40  services and expenses of the district and shall be applied to support of
    41  its educational programs and any liability incurred by the  district  in
    42  carrying out its functions and responsibilities under the education law.
    43    2.  The claim for an apportionment to be paid to the district pursuant
    44  to subdivision 1 of this section shall be submitted to the  commissioner
    45  of education on a form prescribed for such purpose, and shall be payable
    46  upon determination by such commissioner that the form has been submitted
    47  as  prescribed  and  that  the  district has complied with the reporting
    48  requirements of this section. For each school year in which  application
    49  is  made pursuant to subdivision 1 of this section, such approved amount
    50  shall be payable on or before June thirtieth of such  school  year  upon
    51  the  audit and warrant of the state comptroller on vouchers certified or
    52  approved by the commissioner of education in the  manner  prescribed  by
    53  law  from  moneys  appropriated  for  general support of public schools,
    54  provided, however, that for the 2025-26 school year such approved amount
    55  shall be payable on or before May 18, 2026.

        A. 11166                            3
 
     1    3. Notwithstanding the provisions of section 3609-a of  the  education
     2  law,  an amount equal to the amount paid to the district during the base
     3  year pursuant to subdivisions 1 and 2 of this  section  shall  first  be
     4  deducted  from  general  aid payments due during the current school year
     5  pursuant  to  subparagraphs  4  and 5 of paragraph a of subdivision 1 of
     6  section 3609-a of the education law from the fixed fall payments payable
     7  pursuant to subparagraph 4 of such paragraph, and any  remainder  to  be
     8  deducted  from  the individualized payments due to the district pursuant
     9  to paragraph b of such subdivision shall be deducted on a  chronological
    10  basis starting with the earliest payment due the district.
    11    4.  Notwithstanding  any  other provisions of law, the sum of payments
    12  made to the district during the base year pursuant to subdivisions 1 and
    13  2 of this section plus payments made to the district during the  current
    14  year  pursuant to section 3609-a of the education law shall be deemed to
    15  truly represent all aids paid to the district during the current  school
    16  year  pursuant  to such section 3609-a for the purposes of computing any
    17  adjustments to such aids that may occur in a subsequent school year.
    18    5. In the 2026-27 through 2054-55 school years, the chief fiscal offi-
    19  cer of the district shall monitor all budgets and for each budget, shall
    20  prepare a quarterly report of summarized budget data  depicting  overall
    21  trends  of actual revenues and budget expenditures for the entire budget
    22  as well as individual line items.  Such  report  shall  compare  revenue
    23  estimates and appropriations as set forth in such budget with the actual
    24  revenues  and  expenditures made to date. All quarterly reports shall be
    25  accompanied by a recommendation from the superintendent  of  schools  or
    26  chief fiscal officer to the board of education setting forth any remedi-
    27  al  actions necessary to resolve any unfavorable budget variance includ-
    28  ing the overestimation of revenue and underestimation of appropriations.
    29  The chief fiscal officer shall also prepare, as part of such  report,  a
    30  quarterly  trial  balance  of general ledger accounts in accordance with
    31  generally accepted accounting principles  as  prescribed  by  the  state
    32  comptroller.  All reports shall be completed within sixty days after the
    33  end of each quarter and shall be submitted to the chief  fiscal  officer
    34  and  the board of education of the district, the state division of budg-
    35  et, the office of the state comptroller, the commissioner of  education,
    36  the  chair of the assembly ways and means committee and the chair of the
    37  senate finance committee.
    38    § 3. This act shall take effect immediately and  shall  be  deemed  to
    39  have  been in full force and effect on and after April 1, 2026; provided
    40  however, that:
    41    1. section one of this act shall expire and be deemed repealed  Decem-
    42  ber 31, 2037; and
    43    2.  section  two  of this act shall expire and be deemed repealed June
    44  30, 2055.
 
    45                                   PART B
 
    46    Section 1. Section 3 of part III of chapter 58 of the  laws  of  2023,
    47  amending the general municipal law and executive law relating to direct-
    48  ing  the  state  inspector general to appoint an independent monitor for
    49  the Orange county industrial development agency, is amended to  read  as
    50  follows:
    51    §  3.  This  act shall take effect immediately; provided however, that
    52  subdivisions two, three, four and five of section  912  of  the  general
    53  municipal law, as added by section one of this act, and subdivision 8 of
    54  section  54  of  the executive law, as added by section two of this act,

        A. 11166                            4
 
     1  shall expire and be deemed repealed [three] four years after such effec-
     2  tive date.
     3    §  2.  This act shall take effect immediately; provided, however, that
     4  upon enactment of legislation constituting the  2026-2027  budget,  this
     5  act shall cease to have force and effect and shall be deemed repealed.
     6    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     7  sion,  section  or  part  of  this act shall be adjudged by any court of
     8  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     9  impair,  or  invalidate  the remainder thereof, but shall be confined in
    10  its operation to the clause, sentence, paragraph,  subdivision,  section
    11  or part thereof directly involved in the controversy in which such judg-
    12  ment shall have been rendered. It is hereby declared to be the intent of
    13  the  legislature  that  this  act  would  have been enacted even if such
    14  invalid provisions had not been included herein.
    15    § 3. This act shall take effect immediately  provided,  however,  that
    16  the  applicable effective date of Parts A through B of this act shall be
    17  as specifically set forth in the last section of such Parts.
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