S T A T E O F N E W Y O R K
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3161
2009-2010 Regular Sessions
I N S E N A T E
March 12, 2009
___________
Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed to the Committee on Corporations, Author-
ities and Commissions
AN ACT to amend the public authorities law, in relation to the Erie
county fiscal stability authority's borrowing determinations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 2 of section 3959 of the
public authorities law, as added by chapter 182 of the laws of 2005, is
amended to read as follows:
(i) shall, with respect to any proposed borrowing by or on behalf of
the county or any covered organization on or after July first, two thou-
sand five, review the terms of and comment, within thirty days after
notification by the county or covered organization of a proposed borrow-
ing, on the prudence of each proposed issuance of bonds or notes to be
issued by the county or covered organization and no such borrowing shall
be made unless first reviewed[,] AND commented upon [and approved] by
the authority. The authority shall comment within thirty days after
notification by the county or covered organization of a proposed borrow-
ing to the county executive, the comptroller, the legislature, the
director of the budget, the chair of the state senate finance committee,
the chair of the state assembly ways and means committee and the state
comptroller [and indicate approval or disapproval of the proposed
borrowing]. WITH RESPECT TO ANY PROPOSED BORROWING BY THE COUNTY, THE
APPROVAL OF SUCH BORROWING BY THE AUTHORITY SHALL NOT BE REQUIRED IN THE
EVENT THAT THE COUNTY'S RATINGS FROM AT LEAST TWO NATIONALLY RECOGNIZED
RATING AGENCIES ARE INVESTMENT GRADE AT THE TIME OF SUCH BORROWING. NO
SUCH PROPOSED BORROWING BY THE COUNTY SHALL BE MADE UNLESS FIRST
APPROVED BY THE AUTHORITY IN THE EVENT THAT THE COUNTY DOES NOT HAVE
RATINGS FROM AT LEAST TWO NATIONALLY RECOGNIZED RATING AGENCIES WHICH
ARE INVESTMENT GRADE AT THE TIME OF SUCH BORROWING. Notwithstanding the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09170-01-9
S. 3161 2
foregoing, neither the county nor any covered organization shall be
prohibited from issuing bonds or notes to pay outstanding bonds or
notes; and, provided further, revenue anticipation notes issued in July
two thousand five, shall be excluded from this requirement;
S 2. This act shall take effect immediately.