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S10102 Summary:

BILL NOS10102
 
SAME ASSAME AS A11166
 
SPONSORSERRANO
 
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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S10102 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10102
 
                    IN SENATE
 
                                     April 29, 2026
                                       ___________
 
        Introduced by Sen. SERRANO -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12035-01-6

        S. 10102                            2
 
     1  aggregate  principal  amount  not  to  exceed  eleven  million   dollars
     2  ($11,000,000)  for  the specific object or purpose of liquidating actual
     3  deficits in its general fund at the close of the fiscal year ending June
     4  30,  2026  as certified by the state comptroller. In anticipation of the
     5  issuance and sale of such serial  bonds,  bond  anticipation  notes  are
     6  hereby authorized to be issued.
     7    2.  Notwithstanding  the provisions of any other law, general, special
     8  or local, the board of education of the district is hereby authorized to
     9  levy a tax to be collected in annual installments sufficient to pay  the
    10  principal  of and interest on said bonds and bond anticipation notes and
    11  to adopt a bond resolution authorizing the serial bonds authorized to be
    12  issued pursuant to this section.
    13    3. Amounts provided from the proceeds of obligations  issued  pursuant
    14  to  this  section in excess of the amount of the deficit as confirmed by
    15  the state comptroller shall be accounted  for  in  the  same  manner  as
    16  prescribed by the state comptroller pursuant to section 36 of the gener-
    17  al  municipal  law  for real property taxes levied for a planned balance
    18  pursuant to subdivision 21 of section 2021 of the education law.
    19    4. Notwithstanding  any  inconsistent  provision  of  paragraph  d  of
    20  section  10.10  of  the local finance law, the board of education of the
    21  district shall  make  adjustments  to  the  district's  proposed  budget
    22  consistent  with  any  recommendations  by the state comptroller and the
    23  commissioner of education.
    24    § 2. South Country central school  district  state  aid  advance.  The
    25  South  Country  central school district (hereinafter referred to in this
    26  section as the "district") shall be  paid  on  an  accelerated  schedule
    27  pursuant to this section.
    28    1. (a) Notwithstanding any other provisions of law, for aid payable in
    29  the school years 2025-26 through 2054-55 upon application to the commis-
    30  sioner  of education submitted not sooner than the second Monday in June
    31  of the school year in which such aid is payable and not later  than  the
    32  Friday  following  the  third Monday in June of the school year in which
    33  such aid is payable, the district shall be eligible to receive an appor-
    34  tionment pursuant to this section in an amount equal to the  product  of
    35  up  to  seven million dollars ($7,000,000) and the quotient of the posi-
    36  tive difference of thirty minus the number of school years elapsed since
    37  the 2025-26 school year divided by thirty, provided, however,  that  for
    38  the  2025-26  school  year  such application shall be submitted no later
    39  than May 7, 2026.
    40    (b) Funds apportioned pursuant to this subdivision shall be  used  for
    41  services and expenses of the district and shall be applied to support of
    42  its  educational  programs and any liability incurred by the district in
    43  carrying out its functions and responsibilities under the education law.
    44    2. The claim for an apportionment to be paid to the district  pursuant
    45  to  subdivision 1 of this section shall be submitted to the commissioner
    46  of education on a form prescribed for such purpose, and shall be payable
    47  upon determination by such commissioner that the form has been submitted
    48  as prescribed and that the district  has  complied  with  the  reporting
    49  requirements  of this section. For each school year in which application
    50  is made pursuant to subdivision 1 of this section, such approved  amount
    51  shall  be  payable  on or before June thirtieth of such school year upon
    52  the audit and warrant of the state comptroller on vouchers certified  or
    53  approved  by  the  commissioner of education in the manner prescribed by
    54  law from moneys appropriated for  general  support  of  public  schools,
    55  provided, however, that for the 2025-26 school year such approved amount
    56  shall be payable on or before May 18, 2026.

        S. 10102                            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,

        S. 10102                            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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