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S07524 Summary:

BILL NOS07524
 
SAME ASSAME AS A08539
 
SPONSORMARTINEZ
 
COSPNSR
 
MLTSPNSR
 
Add §25.11, Loc Fin L; amd §6-j, Gen Muni L
 
Authorizes school districts to borrow against certain reserve funds, pursuant to a resolution adopted by the board of education of such school district.
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S07524 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7524
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 21, 2025
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the local finance law, in relation to authorizing school
          districts to borrow against certain reserve funds; and  to  amend  the
          general  municipal  law,  in relation to making a technical correction
          thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  local finance law is amended by adding a new section
     2  25.11 to read as follows:
     3    § 25.11 Borrowing from reserve funds. a. 1. Pursuant to  a  resolution
     4  adopted  by  the  board of education of any school district, such school
     5  district may borrow from certain reserve funds to reduce reliance on tax
     6  anticipation notes and revenue anticipation notes.
     7    2. Such resolution shall include the following information:
     8    (a) the amount to be borrowed;
     9    (b) the reserve from which the school district intends to borrow;
    10    (c) the amount and source of taxes or other revenue anticipated to  be
    11  received; and
    12    (d)  the timeframe in which such taxes or other revenue is anticipated
    13  to be received and the schedule upon  which  repayment  shall  be  made,
    14  including  a  specific date for final repayment; provided, however, that
    15  nothing shall prohibit a school district from paying ahead of such sche-
    16  dule.
    17    3. School districts shall not borrow in excess of seventy-five percent
    18  of the total of each reserve fund.
    19    b. 1. Borrowing from reserve funds  shall  be  limited  to  taxes  and
    20  revenue anticipated to be received in the same fiscal year in which such
    21  borrowing  takes  place;  provided,  however,  that during the final two
    22  weeks of a given fiscal year, such  borrowing  may  be  initiated  by  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11685-01-5

        S. 7524                             2
 
     1  school  district in anticipation of moneys to be received in the follow-
     2  ing fiscal year.
     3    2.  Final  repayment shall be scheduled within the same fiscal year in
     4  which the borrowing takes place; provided, however, that if such borrow-
     5  ing was initiated in the final two weeks of the  prior  fiscal  year  in
     6  anticipation  of moneys to be received in the current fiscal year pursu-
     7  ant to subdivision one of this paragraph, such final  repayment  may  be
     8  scheduled  within  the  fiscal year during which such anticipated moneys
     9  are received.
    10    c. The following reserve funds may be borrowed from pursuant to  para-
    11  graph a of this section:
    12    1.  Workers' compensation reserve fund, as authorized by section six-j
    13  of the general municipal law;
    14    2. Unemployment insurance  payment  reserve  fund,  as  authorized  by
    15  section six-m of the general municipal law;
    16    3.  Repair reserve fund, as authorized by section six-d of the general
    17  municipal law;
    18    4. Insurance reserve fund, as  authorized  by  section  six-n  of  the
    19  general municipal law;
    20    5.  Property  loss  reserve  fund,  as authorized by section seventeen
    21  hundred nine of the education law;
    22    6. Employee benefit accrued liability reserve fund, as  authorized  by
    23  section six-p of the general municipal law; and
    24    7.  Tax  reduction  reserve  fund,  as  authorized by sections sixteen
    25  hundred four and seventeen hundred nine of the education law.
    26    § 2. The section heading of section 6-j of the general municipal  law,
    27  as  amended  by  chapter  704 of the laws of 1956, is amended to read as
    28  follows:
    29    [Workmen's] Workers' compensation reserve fund.
    30    § 3. This act shall take effect the first of July next succeeding  the
    31  date on which it shall have become a law.
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