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A04709 Summary:

BILL NOA04709
 
SAME ASSAME AS S00273
 
SPONSORJones
 
COSPNSR
 
MLTSPNSR
 
Amd §§21.00 & 53.00, rpld §107.00, Loc Fin L
 
Permanently requires that the first installment of serial bonds mature not later than two years after the date of such bonds; provides that principal installments remaining unpaid on bonds may be called for redemption prior to their date of maturity in such amounts, at such times in such manner and pursuant to such terms as may be determined by the finance board of a municipality, school district or corporation at the time of the issuance thereof; repeals provisions that permanently eliminate the requirement that municipalities provide from current funds an amount equal to at least 5% of the estimated cost of each capital improvement (excluding from such cost state or federal grant funding and certain benefited area assessments) prior to the issuance of bonds or bond anticipation notes to finance such capital improvement.
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A04709 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4709
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Local Governments
 
        AN ACT to amend the local finance law, in relation  to  installments  of
          certain  bonds;  and to repeal certain provisions of such law relating
          thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph b of section 21.00 of the local finance law, as
     2  amended by chapter 167 of the laws  of  2024,  is  amended  to  read  as
     3  follows:
     4    b.  Serial  bonds  shall  mature  in  annual  installments.  The first
     5  installment shall mature not later than [eighteen months after the  date
     6  of such bonds or two years after the date of the first bond anticipation
     7  note  or  notes  issued  in anticipation of such bonds, whichever is the
     8  earlier, provided, however, that  until  July  fifteenth,  two  thousand
     9  twenty-seven,  the  first  installment  shall mature not later than] two
    10  years after the date of such bonds or two years after the  date  of  the
    11  first  bond  anticipation  note  or notes issued in anticipation of such
    12  bonds, whichever is the earlier. However, if bond anticipation notes are
    13  issued in anticipation of bonds and if a portion of such  notes  or  the
    14  renewals  thereof  are redeemed from a source other than the proceeds of
    15  such bonds within two years from the date of  the  first  such  note  or
    16  notes  and  a  further portion thereof shall be so redeemed prior to the
    17  termination of each twelve  months'  period  succeeding  the  date  such
    18  original  portion  was  so redeemed, the first installment of such bonds
    19  may, in the alternative, be made to mature not  later  than  five  years
    20  from the date of the first such note or notes.
    21    § 2. Paragraph b of section 53.00 of the local finance law, as amended
    22  by chapter 167 of the laws of 2024, is amended to read as follows:
    23    b.  If  such  bonds or notes are payable in installments, the install-
    24  ments remaining unpaid may be called for redemption  [only  (i)  in  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00872-01-5

        A. 4709                             2

     1  inverse order of their maturity or, (ii) in equal proportionate amounts;
     2  provided,  however,  that  for  bonds  issued during the one-year period
     3  commencing July first, nineteen  hundred  eighty-eight,  and  for  bonds
     4  issued  during  the  one-year  period  commencing  July  first, nineteen
     5  hundred eighty-nine, and for bonds issued  during  the  one-year  period
     6  commencing  July  first,  nineteen  hundred ninety, and for bonds issued
     7  during the three-year period commencing  July  first,  nineteen  hundred
     8  ninety-one,  and  for  bonds  issued  during the period from July first,
     9  nineteen hundred ninety-four up  until  and  including  July  fifteenth,
    10  nineteen  hundred  ninety-seven  and  for bonds issued during the period
    11  from July fifteenth, nineteen hundred ninety-seven up until and  includ-
    12  ing July fifteenth, two thousand, and for bonds issued during the period
    13  from July fifteenth, two thousand up until and including July fifteenth,
    14  two  thousand  three,  and  for bonds issued during the period from July
    15  fifteenth, two thousand three up until and including July fifteenth, two
    16  thousand  six,  and  for  bonds  issued  during  the  period  from  July
    17  fifteenth,  two  thousand six up until and including July fifteenth, two
    18  thousand nine,  and  for  bonds  issued  during  the  period  from  July
    19  fifteenth,  two  thousand six up until and including July fifteenth, two
    20  thousand twelve, and for  bonds  issued  during  the  period  from  July
    21  fifteenth,  two thousand nine up until and including July fifteenth, two
    22  thousand fifteen, and for bonds  issued  during  the  period  from  July
    23  fifteenth,  two  thousand fifteen up until and including July fifteenth,
    24  two thousand eighteen, and for bonds issued during the period from  July
    25  fifteenth,  two thousand eighteen up until and including July fifteenth,
    26  two thousand twenty-one, and for bonds issued  during  the  period  from
    27  July  fifteenth,  two  thousand  twenty-one  up until and including July
    28  fifteenth, two thousand twenty-four, and for  bonds  issued  during  the
    29  period  from  July  fifteenth,  two  thousand  twenty-four  up until and
    30  including  July  fifteenth,  two  thousand  twenty-seven,   installments
    31  remaining  unpaid  on  such bonds may be called for redemption] prior to
    32  their date of maturity in such amounts, at such times in such manner and
    33  pursuant to such terms as may be determined by the finance  board  of  a
    34  municipality, school district or district corporation at the time of the
    35  issuance  thereof. Whenever any bonds or notes are called for redemption
    36  prior to the date of their maturity, interest shall  cease  to  be  paid
    37  thereon after the date for redemption set forth in such call for redemp-
    38  tion.  [The sum to be paid to redeem any unpaid installment prior to its
    39  maturity, exclusive of the interest accruing on such installment to  the
    40  date  of redemption, shall in no event be in excess of the lesser amount
    41  of either (i) the par value of such installment plus one-half of one per
    42  centum of such par value for each calendar year or part thereof elapsing
    43  between the date for redemption set forth in such  call  for  redemption
    44  and  the  date  of maturity of such installment, provided, however, that
    45  such amount shall not exceed one hundred five per  centum  of  such  par
    46  value,  or  (ii) the par value of such installment plus the total of all
    47  unpaid interest on such installment which would have  accrued  from  the
    48  date  of redemption to the date of maturity thereof had such installment
    49  not been redeemed prior to maturity, except that bonds sold to the state
    50  of New York municipal bond bank agency, which are  subject  to  call  as
    51  hereinbefore  authorized,  may  provide  for the payment of a redemption
    52  premium not to exceed five per centum of the par value of the  bonds  to
    53  be  called,  payable  on  the  date of the redemption thereof; provided,
    54  however, that for bonds issued during  the  one-year  period  commencing
    55  July  first,  nineteen hundred eighty-eight, and for bonds issued during
    56  the one-year period commencing July first, nineteen hundred eighty-nine,

        A. 4709                             3

     1  and for bonds issued during the one-year period commencing  July  first,
     2  nineteen  hundred  ninety,  and  for  bonds issued during the three-year
     3  period commencing July first, nineteen hundred ninety-one, and for bonds
     4  issued  during  the period from July first, nineteen hundred ninety-four
     5  up until and including July fifteenth,  nineteen  hundred  ninety-seven,
     6  and  for  bonds  issued  during the period from July fifteenth, nineteen
     7  hundred ninety-seven up until and including July  fifteenth,  two  thou-
     8  sand,  and  for  bonds issued during the period from July fifteenth, two
     9  thousand up until and including July fifteenth, two thousand three,  and
    10  for  bonds  issued  during  the period from July fifteenth, two thousand
    11  three up until and including July fifteenth, two thousand six,  and  for
    12  bonds  issued during the period from July fifteenth, two thousand six up
    13  until and including July fifteenth, two thousand  nine,  and  for  bonds
    14  issued during the period from July fifteenth, two thousand nine up until
    15  and  including July fifteenth, two thousand twelve, and for bonds issued
    16  during the period from July fifteenth, two thousand twelve up until  and
    17  including  July  fifteenth,  two  thousand fifteen, and for bonds issued
    18  during the period from July fifteenth, two thousand fifteen up until and
    19  including July fifteenth, two thousand eighteen, and  for  bonds  issued
    20  during  the  period  from July fifteenth, two thousand eighteen up until
    21  and including July fifteenth, two thousand  twenty-one,  and  for  bonds
    22  issued during the period from July fifteenth, two thousand twenty-one up
    23  until  and  including  July fifteenth, two thousand twenty-four, and for
    24  bonds issued during the period from July fifteenth, two  thousand  twen-
    25  ty-four  up until and including July fifteenth, two thousand twenty-sev-
    26  en, a] A municipality, school  district,  or  district  corporation  may
    27  provide for redemption of such bonds prior to the date of their maturity
    28  at a price or prices as may be as determined by the issuer of such bonds
    29  or notes at the time of the issuance thereof.
    30    § 3. Section 107.00 of the local finance law is REPEALED.
    31    § 4. This act shall take effect immediately.
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