S. 6027 2
purposes, INCLUDING LOCAL ARRA BONDS, but does not include (a) any bond
or note or evidence of debt issued by any other state or any public body
or municipal corporation thereof, (b) any special program agreement, or
(c) any special school purpose agreement or any special school deficit
program agreement.
(10) "Debt Service Reserve Fund Requirement". With respect to any debt
service reserve fund created by section [two thousand four] TWENTY-FOUR
hundred thirty-nine of this title relating to bonds other than special
program bonds or special school purpose bonds or special school deficit
program bonds OR RECOVERY ACT BONDS, as of any particular date of compu-
tation, an amount of money equal to the greatest of the respective
amounts, for the then current or any succeeding calendar year, of annual
debt service payments required to be made to the agency on all municipal
bonds purchased with the proceeds of bonds which bonds are secured by
such debt service reserve fund, such annual debt service payments for
any calendar year being an amount of money equal to the aggregate of (a)
all interest payable during such calendar year on all municipal bonds
purchased by the agency and then outstanding on said date of computation
which are secured by such debt service reserve fund, plus (b) the prin-
cipal amount of all municipal bonds purchased by the agency and then
outstanding on said date of computation which mature during such calen-
dar year and are secured by such debt service reserve fund; and with
respect to any debt service reserve fund created by section [two thou-
sand four] TWENTY-FOUR hundred thirty-nine of this title relating to an
issue or issues of special program bonds or special school purpose bonds
or special school deficit program bonds OR RECOVERY ACT BONDS, such
amount as shall be determined by the agency.
(25) "RECOVERY ACT BONDS". AN ISSUE OF BONDS OF THE AGENCY, ALL OR A
PORTION OF THE PROCEEDS OF WHICH ARE USED TO PURCHASE LOCAL ARRA BONDS.
(26) "LOCAL ARRA BONDS". A MUNICIPAL BOND ISSUED TO FINANCE OR REFI-
NANCE PURPOSES ELIGIBLE, IN WHOLE OR IN PART, FOR SUBSIDIES OR TAX CRED-
ITS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.
S 3. Section 2434 of the public authorities law is amended by adding a
new subdivision 7-b to read as follows:
(7-B) TO ACQUIRE AND CONTRACT TO ACQUIRE LOCAL ARRA BONDS, AND TO
ENTER INTO ARRANGEMENTS WITH A MUNICIPALITY FOR THE PURCHASE OF ITS
LOCAL ARRA BONDS;
S 4. Subdivisions 1 and 2 of section 2435 of the public authorities
law, subdivision 1 as amended by chapter 346 of the laws of 1974, subdi-
vision 2 as added by chapter 902 of the laws of 1972, are amended to
read as follows:
1. The agency may purchase, and contract to purchase, municipal bonds
from municipalities at such price or prices, upon such terms and condi-
tions and in such manner, not inconsistent with the provisions of the
local finance law, as the agency shall deem advisable; provided, howev-
er, that the average interest rate payable on all municipal bonds (taken
as a group) purchased with the proceeds of an issue of bonds shall equal
or exceed the interest rate on such issue of bonds[; and provided
further, however, that the]. THE agency shall not purchase the municipal
bonds of any municipality if (I) the aggregate principal amount thereof,
together with the aggregate principal balances of the municipal bonds of
such municipality then outstanding and held by the agency, exceed an
amount equal to ten percent of the aggregate principal amount of the
statutory authorization at the time for the issuance of bonds and notes,
as provided in section twenty-four hundred thirty-eight of this title,
and [the agency shall not purchase the municipal bonds of any munici-
S. 6027 3
pality if] (II) the aggregate principal amount thereof exceeds an amount
equal to fifty percent of the aggregate principal amount of all munici-
pal bonds proposed to be so purchased at the time; PROVIDED, HOWEVER,
THAT THIS SENTENCE SHALL NOT APPLY TO LOCAL ARRA BONDS.
2. The agency shall require as a condition of purchase of municipal
bonds from municipalities that each such municipality shall agree (i) to
pledge its full faith and credit for the payment of the principal of and
interest on such municipal bonds, (ii) to make annual appropriations for
amounts required for the payment of such principal and interest, and
(iii) if at any time the municipality fails to make the required appro-
priation to pay such principal and interest, or fails to make the
payment of the required principal and interest, the provisions of
section twenty-four hundred [and] thirty-six AND/OR TWENTY-FOUR HUNDRED
THIRTY-SIX-B of this title shall take effect. All municipalities selling
municipal bonds to the agency are hereby authorized to make and carry
out the agreements with the agency required in this subdivision.
S 5. The public authorities law is amended by adding a new section
2436-b to read as follows:
S 2436-B. LOCAL ARRA BONDS. (1) THE AGENCY MAY PURCHASE LOCAL ARRA
BONDS USING THE PROCEEDS OF RECOVERY ACT BONDS, SUBJECT TO THE
PROVISIONS OF THIS SECTION AND TO ANY OTHER PROVISION OF LAW APPLICABLE
TO THE MUNICIPALITY AND BONDS IT ISSUES, INCLUDING ANY DEBT LIMITATION
APPLICABLE TO THE MUNICIPALITY THAT ISSUED THE LOCAL ARRA BOND, AS WELL
AS TO THE OTHER PROVISIONS OF THIS TITLE. TO THE EXTENT THAT ANY SUCH
OTHER PROVISION OF LAW CONFLICTS WITH A PROVISION OF THIS SECTION, THE
PROVISION OF THIS SECTION SHALL CONTROL, EXCEPT AS OTHERWISE STATED.
(2) SUBJECT TO THE PROVISIONS OF THIS SECTION:
(A) LOCAL ARRA BONDS ISSUED BY A COUNTY, EXCEPT A COUNTY WHOLLY WITHIN
A CITY, MAY BE ADDITIONALLY SECURED BY A PLEDGE TO THE AGENCY OF ITS
AVAILABLE COUNTY SALES TAX REVENUES SUBJECT TO THE PROVISIONS OF SUBDI-
VISION FIVE OF THIS SECTION.
(B) LOCAL ARRA BONDS ISSUED BY A CITY MAY BE ADDITIONALLY SECURED BY A
PLEDGE TO THE AGENCY OF ITS AVAILABLE CITY SALES TAX REVENUES OR ITS
AVAILABLE MORTGAGE RECORDING TAX REVENUES, OR BOTH SUBJECT TO THE
PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(C) LOCAL ARRA BONDS ISSUED BY A SCHOOL DISTRICT MAY BE ADDITIONALLY
SECURED BY A PLEDGE TO THE AGENCY OF ITS AVAILABLE SCHOOL DISTRICT SALES
TAX REVENUES SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS
SECTION.
(D) LOCAL ARRA BONDS ISSUED BY A TOWN MAY BE ADDITIONALLY SECURED BY A
PLEDGE TO THE AGENCY OF ITS AVAILABLE MORTGAGE RECORDING TAX REVENUES
SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(E) LOCAL ARRA BONDS ISSUED BY A VILLAGE MAY BE ADDITIONALLY SECURED
BY A PLEDGE TO THE AGENCY OF ITS AVAILABLE MORTGAGE RECORDING TAX REVEN-
UES SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(3) (A) NOTHING CONTAINED IN THIS TITLE SHALL LIMIT THE RIGHT AND
OBLIGATIONS OF A MUNICIPALITY TO COMPLY WITH THE PROVISIONS OF ANY
EXISTING CONTRACT WITH OR FOR THE BENEFIT OF THE HOLDERS OF ANY OF ITS
OTHER BONDS, NOTES OR OTHER OBLIGATIONS.
(B) NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO LIMIT THE
POWER OF A MUNICIPALITY TO DETERMINE, FROM TIME TO TIME, WITHIN AVAIL-
ABLE FUNDS FOR THE MUNICIPALITY, THE PURPOSES FOR WHICH EXPENDITURES ARE
TO BE MADE BY THE MUNICIPALITY AND THE AMOUNTS OF SUCH EXPENDITURES.
(C) NOTHING CONTAINED IN THIS TITLE SHALL ALTER, LIMIT, MODIFY OR
IMPAIR THE RIGHT OF ANY SCHOOL DISTRICT OR OF ANY CITY, TOWN, OR VILLAGE
WITHIN A COUNTY TO RECEIVE FROM THE COUNTY NET COLLECTIONS, AS AUTHOR-
S. 6027 4
IZED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE TAX LAW OR OTHER APPLI-
CABLE PROVISION OF PART FOUR OF ARTICLE TWENTY-NINE OF THE TAX LAW OR BY
AN UNCONSOLIDATED STATE LAW THAT NOTWITHSTANDS SUCH PROVISION OF THE TAX
LAW, FROM THE COUNTY'S SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT
TO THE AUTHORITY OF SUBPART B OF PART ONE OF ARTICLE TWENTY-NINE OF THE
TAX LAW. FURTHER, NOTHING CONTAINED IN THIS TITLE SHALL ALTER, LIMIT,
MODIFY OR IMPAIR THE RIGHT OF ANY CITY OR TOWN WITHIN A COUNTY TO
RECEIVE FROM THE COUNTY THE NET AMOUNT OF MORTGAGE RECORDING TAX REVEN-
UES IMPOSED BY SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTY-THREE OF THE
TAX LAW, AS AUTHORIZED BY SUBDIVISION THREE OF SECTION TWO HUNDRED
SIXTY-ONE OF THE TAX LAW.
(D) THE AGENCY'S RECOVERY ACT BONDS SECURED BY PAYMENTS OF PRINCIPAL
AND INTEREST DUE WITH RESPECT TO LOCAL ARRA BONDS SHALL NOT BE A DEBT OF
EITHER THE STATE OR ANY MUNICIPALITY, AND NEITHER THE STATE NOR ANY
MUNICIPALITY SHALL BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF
ANY FUNDS OTHER THAN THOSE OF THE AGENCY; AND SUCH RECOVERY ACT BONDS
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.
(E) SUBJECT TO THE PROVISIONS OF ANY CONTRACT WITH HOLDERS OF BONDS,
NOTES OR OTHER OBLIGATIONS, PROCEEDS OF RECOVERY ACT BONDS TO BE PAID TO
A MUNICIPALITY TO PURCHASE ITS LOCAL ARRA BONDS SHALL BE PAID TO THE
MUNICIPALITY AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEY OF THE
AGENCY.
(F) NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO CREATE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
PROVISIONS. ANY PROVISION WITH RESPECT TO STATE AID SHALL BE DEEMED
EXECUTORY ONLY TO THE EXTENT OF MONEYS AVAILABLE, AND NO LIABILITY SHALL
BE INCURRED BY THE STATE BEYOND THE MONEYS AVAILABLE FOR THAT PURPOSE,
AND ANY PAYMENT TO BE MADE BY THE COMPTROLLER OF STATE AID IS SUBJECT TO
ANNUAL APPROPRIATION OF STATE AID BY THE STATE LEGISLATURE.
(G) NOTHING CONTAINED IN THIS TITLE SHALL BE DEEMED TO RESTRICT THE
RIGHT OF THE STATE TO AMEND, REPEAL, MODIFY, OR OTHERWISE ALTER ANY
PROVISION OF LAW RELATING TO STATE AID TO MUNICIPALITIES. THE AGENCY
SHALL INCLUDE IN ANY RESOLUTION, CONTRACT, OR AGREEMENT WITH HOLDERS OF
ITS BONDS, NOTES OR OTHER OBLIGATIONS A PROVISION WHICH STATES THAT NO
DEFAULT OCCURS AS A RESULT OF THE STATE'S EXERCISING ITS RIGHT TO AMEND,
REPEAL, MODIFY, OR OTHERWISE ALTER ANY PROVISION OF LAW RELATING TO
STATE AID TO MUNICIPALITIES.
(4) (A) A MUNICIPALITY MAY COVENANT AND AGREE THAT THE MUNICIPALITY
WILL NOT LIMIT, ALTER OR IMPAIR THE RIGHTS HEREBY VESTED IN THE AGENCY
TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH HOLDERS OF THE AGENCY'S
RECOVERY ACT BONDS, THE PROCEEDS OF WHICH WERE USED TO PURCHASE THE
MUNICIPALITY'S LOCAL ARRA BONDS, SUCH HOLDERS PURSUANT TO THIS TITLE, OR
IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS OR THE SECURI-
TY FOR SUCH BONDS, UNTIL SUCH BONDS, TOGETHER WITH THE INTEREST THEREON
AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING
BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY PAID AND DISCHARGED. NOTHING
CONTAINED IN THIS TITLE SHALL BE DEEMED TO RESTRICT ANY RIGHT OF THE
MUNICIPALITY TO AMEND, MODIFY, REPEAL OR OTHERWISE ALTER ANY LOCAL LAWS,
ORDINANCES OR RESOLUTIONS IMPOSING OR RELATING TO TAXES OR FEES, OR
APPROPRIATIONS RELATING TO SUCH TAXES OR FEES, OR SETTING ASIDE OR ALLO-
CATING AND APPLYING, PAYING OR USING NET COLLECTIONS PURSUANT TO THE
AUTHORITY OF PART FOUR OF ARTICLE TWENTY-NINE OF THE TAX LAW OR PURSUANT
TO THE AUTHORITY OF ANY OTHER PROVISION OF STATE LAW THAT NOTWITHSTANDS
A PROVISION OF SUCH PART, SO LONG AS, AFTER GIVING EFFECT TO SUCH AMEND-
MENT, MODIFICATION OR OTHER ALTERATION, THE AGGREGATE AMOUNT AS THEN
PROJECTED BY THE MUNICIPALITY OF (I) SALES AND COMPENSATING USE TAXES
S. 6027 5
IMPOSED BY THE MUNICIPALITY PURSUANT TO THE AUTHORITY OF SUBPART B OF
PART ONE OF ARTICLE TWENTY-NINE OF THE TAX LAW (TO THE EXTENT THAT THE
MUNICIPALITY IS AUTHORIZED TO IMPOSE SUCH TAXES AND IS IMPOSING THEM AT
THE TIME IT ISSUES ITS LOCAL ARRA BONDS); AND (II) ALL SUCH NET
COLLECTIONS TO BE SET ASIDE OR TO BE ALLOCATED AND APPLIED, PAID OR USED
BY THE MUNICIPALITY PURSUANT TO THE AUTHORITY OF PART FOUR OF ARTICLE
TWENTY-NINE OF THE TAX LAW OR PURSUANT TO ANY OTHER PROVISION OF STATE
LAW THAT NOTWITHSTANDS A PROVISION OF SUCH PART FOUR DURING EACH OF THE
AGENCY'S FISCAL YEARS FOLLOWING THE EFFECTIVE DATE OF SUCH AMENDMENT,
MODIFICATION OR OTHER ALTERATION SHALL BE NOT LESS THAN TWO HUNDRED
PERCENT OF MAXIMUM ANNUAL DEBT SERVICE ON THE MUNICIPALITY'S LOCAL ARRA
BONDS THEN OUTSTANDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
SECTION, A MUNICIPALITY THAT IMPOSES SALES AND COMPENSATING USE TAXES AT
THE TIME IT ISSUES LOCAL ARRA BONDS FURTHER AGREES THAT IT SHALL CONTIN-
UE TO IMPOSE SUCH TAXES DURING THE TIME SUCH BONDS ARE OUTSTANDING AT
THE MAXIMUM RATE AUTHORIZED THEREFOR, WITHOUT REGARD TO ANY ADDITIONAL
RATE, PROVIDED THAT ANY INCREASE IN THE RATE OF SUCH TAXES TO SATISFY
THIS OBLIGATION SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF SUBPART B
OF PART ONE OF ARTICLE TWENTY-NINE OF THE TAX LAW.
(B) ANY SUCH AGREEMENT WITH A MUNICIPALITY MAY BE PLEDGED BY THE AGEN-
CY TO SECURE ITS RECOVERY ACT BONDS USED TO PURCHASE LOCAL ARRA BONDS
ISSUED BY THAT MUNICIPALITY AND MAY NOT BE MODIFIED THEREAFTER EXCEPT AS
PROVIDED BY THE TERMS OF THE PLEDGE OR SUBSEQUENT AGREEMENTS WITH THE
HOLDERS OF SUCH RECOVERY ACT BONDS.
(C) THE AGENCY SHALL NOT INCLUDE WITHIN ANY RESOLUTION, CONTRACT OR
AGREEMENT WITH HOLDERS OF RECOVERY ACT BONDS ANY PROVISION WHICH
PROVIDES THAT A DEFAULT OCCURS AS A RESULT OF A MUNICIPALITY EXERCISING
ITS RIGHT TO AMEND, MODIFY, REPEAL OR OTHERWISE ALTER SUCH TAXES, FEES
OR APPROPRIATIONS OR SUCH NET COLLECTIONS. NOTHING IN THIS TITLE SHALL
BE DEEMED TO OBLIGATE A MUNICIPALITY TO MAKE ANY PAYMENTS OR IMPOSE ANY
TAXES OR SET ASIDE OR ALLOCATE AND APPLY, PAY OR USE NET COLLECTIONS
PURSUANT TO THE AUTHORITY OF PART FOUR OF ARTICLE TWENTY-NINE OF THE TAX
LAW OR PURSUANT TO THE AUTHORITY OF AN UNCONSOLIDATED STATE LAW THAT
NOTWITHSTANDS A PROVISION OF SUCH PART; EXCEPT THAT A MUNICIPALITY SHALL
IMPOSE TAXES PURSUANT TO THE AUTHORITY OF SUBPART B OF PART ONE OF ARTI-
CLE TWENTY-NINE OF THE TAX LAW AT THE MAXIMUM RATE AUTHORIZED THEREFOR,
WITHOUT REGARD TO ANY ADDITIONAL RATE, PROVIDED THAT ANY INCREASE IN THE
RATE OF SUCH TAXES TO SATISFY THIS OBLIGATION SHALL COMPLY WITH THE
APPLICABLE PROVISIONS OF SUBPART B OF PART ONE OF ARTICLE TWENTY-NINE OF
THE TAX LAW.
(5) (A) IF A MUNICIPALITY FAILS TO PAY TO THE AGENCY ANY PRINCIPAL OR
INTEREST DUE ON ITS LOCAL ARRA BONDS SECURED BY A PLEDGE OF ITS AVAIL-
ABLE LOCAL SALES AND USE TAX REVENUES OR ITS AVAILABLE MORTGAGE RECORD-
ING TAX REVENUES, OR BOTH, AS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION, THE CHAIRMAN OF THE AGENCY SHALL NOTIFY THE COMPTROLLER IN
WRITING THAT SUCH MUNICIPALITY HAS FAILED TO MEET ITS OBLIGATIONS. SUCH
NOTICE SHALL SET FORTH IN DETAIL THE TERM, AMOUNT, INTEREST RATE, AND
PAYMENT SCHEDULE OF THE LOCAL ARRA BONDS IN DEFAULT, AND THE EXACT
AMOUNTS OF PRINCIPAL AND INTEREST DUE FROM SUCH MUNICIPALITY IN DEFAULT.
THE AGENCY SHALL PROVIDE A COPY OF SUCH NOTICE TO THE CHIEF FISCAL OFFI-
CER OF SUCH MUNICIPALITY IN DEFAULT AND, IN THE CASE OF A DEFAULT BY A
CITY, TOWN, OR VILLAGE WITH RESPECT TO LOCAL ARRA BONDS SECURED BY MORT-
GAGE RECORDING TAX REVENUES, ALSO TO THE CHIEF FISCAL OFFICER OF THE
COUNTY IN WHICH THE CITY, TOWN, OR VILLAGE IS LOCATED. THE AGENCY SHALL
PROVIDE SUCH NOTICE TO THE COMPTROLLER AT LEAST THIRTY DAYS PRIOR TO THE
S. 6027 6
DATE THAT THE COMPTROLLER IS EXPECTED TO WITHHOLD AND PAY OVER LOCAL
SALES AND USE TAX REVENUES TO THE AGENCY.
(B) UPON THE COMPTROLLER RECEIVING SUCH COMPLETE, CERTIFIED WRITTEN
NOTICE FROM THE AGENCY, THE COMPTROLLER SHALL, NOTWITHSTANDING ANY
PROVISION OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW TO THE
CONTRARY, PAY TO THE AGENCY, ON OR BEFORE THE FIFTEENTH DAY OF EACH
MONTH, ALL OR A PORTION OF THE LOCAL SALES AND USE TAX REVENUES DUE THE
MUNICIPALITY IN DEFAULT, UNTIL THE AMOUNT CERTIFIED IN DEFAULT HAS BEEN
EXTINGUISHED. THE COMPTROLLER SHALL MAKE SUCH PAYMENTS TO THE AGENCY
ONLY OUT OF NET COLLECTIONS NOT OTHERWISE PLEDGED, REQUIRED TO BE INTER-
CEPTED OR OTHERWISE ENCUMBERED BY PROVISIONS OF LAW IN EFFECT IMMEDIATE-
LY PRIOR TO THE DATE THE MUNICIPALITY'S LOCAL ARRA BONDS SECURED BY A
PLEDGE AUTHORIZED BY THIS SECTION SHALL HAVE BEEN ISSUED.
(C) UPON RECEIVING SUCH COMPLETE, CERTIFIED WRITTEN NOTICE FROM THE
AGENCY, THE CHIEF FISCAL OFFICER OF A COUNTY, NOTWITHSTANDING THE
PROVISIONS OF SECTION TWO HUNDRED SIXTY-ONE OF THE TAX LAW, SHALL PAY
OVER TO THE COMPTROLLER, THE NET AMOUNT OF MORTGAGE RECORDING TAX REVEN-
UES IMPOSED BY SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTY-THREE OF THE
TAX LAW DUE TO THE CITY, TOWN, OR VILLAGE IN DEFAULT. THE CHIEF FISCAL
OFFICER OF THE COUNTY SHALL CONTINUE TO MAKE THOSE PAYMENTS TO THE COMP-
TROLLER UNTIL THE AGENCY SENDS CERTIFIED NOTICE TO THE OFFICER AND TO
THE COMPTROLLER THAT THE CITY OR TOWN IS NO LONGER IN DEFAULT. THE COMP-
TROLLER SHALL PAY TO THE AGENCY, ON OR BEFORE THE FIFTEENTH DAY OF EACH
MONTH, ALL OR A PORTION OF THE MORTGAGE RECORDING TAX REVENUES RECEIVED
FROM THE CHIEF FISCAL OFFICER OF THE COUNTY, UNTIL THE AMOUNT CERTIFIED
IN DEFAULT HAS BEEN EXTINGUISHED.
(D) SUCH PAYMENTS BY THE COMPTROLLER TO THE AGENCY SHALL BE MADE ON
ACCOUNT OF, AND FOR THE BENEFIT OF, THE MUNICIPALITY IN DEFAULT. IF SO
REQUESTED BY THE AGENCY, AS INDICATED IN ITS CERTIFIED NOTICE TO THE
COMPTROLLER, THE COMPTROLLER SHALL MAKE SUCH PAYMENTS TO A TRUSTEE
PURSUANT TO AN INDENTURE FOR HOLDERS OF THE RECOVERY ACT BONDS ISSUED BY
THE AGENCY THAT WERE USED TO PURCHASE THE MUNICIPALITY'S LOCAL ARRA
BONDS IN DEFAULT. SUCH PAYMENTS BY THE COMPTROLLER ON BEHALF OF SUCH
MUNICIPALITY SHALL BE APPLIED BY THE AGENCY OR, IF PAID DIRECTLY TO THE
TRUSTEE, BY SUCH TRUSTEE, TO CURE THAT MUNICIPALITY'S DEFAULT. TO THE
EXTENT THE COMPTROLLER MAKES ANY SUCH PAYMENT TO THE AGENCY OR TO SUCH A
TRUSTEE, THE MUNICIPALITY'S DEFAULT SHALL BE CURED.
(E) THE COMPTROLLER SHALL NOT BE RESPONSIBLE FOR ANY INACCURACY IN THE
AMOUNT OF SUCH PAYMENTS BASED UPON THE NOTICE FURNISHED BY THE AGENCY.
THE COMPTROLLER SHALL NOT BE REQUIRED TO MAKE PAYMENTS UNDER THIS SUBDI-
VISION WHICH ARE GREATER THAN THE AMOUNTS OF LOCAL SALES AND USE TAX
REVENUES DUE THE MUNICIPALITY, AS CERTIFIED TO THE COMPTROLLER BY THE
COMMISSIONER OF TAXATION AND FINANCE AS PROVIDED IN SUBDIVISION (C) OF
SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW (SUBJECT TO THE LIMITA-
TION IN PARAGRAPH (B) OF THIS SUBDIVISION), OR WHICH ARE GREATER THAN
THE AMOUNT OF NET MORTGAGE RECORDING TAX REVENUES PAID TO THE COMP-
TROLLER BY THE CHIEF FISCAL OFFICER OF THE COUNTY. AFTER THE COMPTROLLER
MAKES ANY PAYMENTS OF NET COLLECTIONS REQUIRED UNDER THIS SECTION, THE
COMPTROLLER SHALL PAY ANY BALANCE OF NET COLLECTIONS DUE SUCH MUNICI-
PALITY TO SUCH MUNICIPALITY IN THE MANNER PROVIDED IN SUBDIVISION (C) OF
SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW OR OTHER APPLICABLE LAW.
THE COMPTROLLER SHALL BE REQUIRED TO MAKE PAYMENTS UNDER THIS SECTION
FOR ONLY SO LONG AS THE MUNICIPALITY IS IN DEFAULT AS CERTIFIED IN THE
AGENCY'S NOTICE TO THE COMPTROLLER.
(F) THE AUTHORITY IN THIS SECTION TO WITHHOLD LOCAL SALES AND USE TAX
REVENUES AND MORTGAGE RECORDING TAX REVENUES AND PAY THEM OVER TO THE
S. 6027 7
AGENCY SHALL BE IN ADDITION TO THE STATE AID GUARANTY SET FORTH IN
SECTION TWENTY FOUR HUNDRED THIRTY-SIX OF THIS TITLE; AND THE AGENCY MAY
CERTIFY THAT EITHER OR BOTH REVENUE SOURCES MAY BE WITHHELD TO THE
EXTENT NECESSARY TO SATISFY THE MUNICIPALITY'S UNMET OBLIGATIONS TO THE
AGENCY.
(G) ANY WITHHOLDING OF REVENUES PURSUANT TO THIS SUBDIVISION OR STATE
AID PURSUANT TO SECTION TWENTY-FOUR HUNDRED THIRTY-SIX OF THIS TITLE
WITH RESPECT TO LOCAL ARRA BONDS SHALL BE MADE IN CONSULTATION WITH THE
DIRECTOR OF THE BUDGET OF THE STATE; PROVIDED, HOWEVER, SUCH CONSULTA-
TION SHALL NOT DELAY OR OTHERWISE ADVERSELY AFFECT THE AGENCY'S RIGHT TO
RECEIVE TIMELY PAYMENT OF SUCH REVENUES AND/OR STATE AID.
(6) WHEN USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
(A) "SALES AND COMPENSATING USE TAXES" MEANS TAXES IMPOSED BY A COUN-
TY, CITY, OR SCHOOL DISTRICT PURSUANT TO THE AUTHORITY OF SUBPART B OF
PART ONE OF ARTICLE TWENTY-NINE OF THE TAX LAW.
(B) "NET COLLECTIONS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
(F) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THE TAX LAW.
(C) "COUNTY SALES TAX REVENUES" MEANS NET COLLECTIONS SET ASIDE FOR
COUNTY PURPOSES PURSUANT TO SUBDIVISION (A) OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THE TAX LAW OR OTHER APPLICABLE PROVISION OF PART FOUR OF
ARTICLE TWENTY-NINE OF THE TAX LAW, FROM A COUNTY'S SALES AND COMPENSAT-
ING USE TAXES.
(D) "CITY SALES TAX REVENUES" MEANS NET COLLECTIONS FROM A CITY'S
SALES AND COMPENSATING USE TAXES.
(E) "SCHOOL DISTRICT SALES TAX REVENUES" MEANS NET COLLECTIONS FROM A
SCHOOL DISTRICT'S SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO
THE AUTHORITY OF SECTION TWELVE HUNDRED TWELVE OF THE TAX LAW AND, IF A
CITY IMPOSES SALES AND COMPENSATING USE TAXES FOR SCHOOL DISTRICT
PURPOSES PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED ELEVEN OF
THE TAX LAW, NET COLLECTIONS FROM SUCH CITY TAXES AND FROM ANY TAXES
IMPOSED BY A SCHOOL DISTRICT LOCATED PARTLY IN THAT CITY IMPOSED PURSU-
ANT TO THE AUTHORITY OF SUBDIVISION (B) OF SECTION TWELVE HUNDRED ELEVEN
OF THE TAX LAW.
(F) "LOCAL SALES AND USE TAX REVENUES" MEANS ANY OF THE TAX REVENUES
DEFINED IN PARAGRAPH (C), (D) OR (E) OF THIS SUBDIVISION, OR ANY COMBI-
NATION OF THEM, AS THE CASE MAY BE.
S 6. Subdivision 5 of section 2437 of the public authorities law, as
amended by section 73 of part H of chapter 83 of the laws of 2002, is
amended to read as follows:
(5) Any bonds or notes of the agency other than special program bonds,
special school purpose bonds [or], special school deficit program bonds
OR RECOVERY ACT BONDS shall be sold at public sale and from time to time
upon such terms and at such prices as may be determined by the agency,
and the agency may pay all expenses, premiums and commissions which it
may deem necessary or advantageous in connection with the issuance and
sale thereof. Any special program bonds, special school purpose bonds
[or], special school deficit program bonds OR RECOVERY ACT BONDS shall
be sold at public or private sale and from time to time upon such terms
and at such prices as may be determined by the agency, and the agency
may pay all expenses, premiums and commissions which it may deem neces-
sary or advantageous in connection with the issuance and sale thereof
provided, however, that special program bonds relating to a special
program agreement entered for the purpose described in paragraph (b) of
subdivision one of section twenty-four hundred thirty-five-a of this
title shall be sold on or before June thirtieth, two thousand one. No
S. 6027 8
special program bonds, special school purpose bonds [or], special school
deficit program bonds, OR RECOVERY ACT BONDS of the agency may be sold
by the agency at private sale, however, unless such sale and the terms
thereof have been approved in writing by (a) the comptroller, where such
sale is not to the comptroller, or (b) the director of the budget, where
such sale is to the comptroller.
S 7. Subdivision 1 of section 2438 of the public authorities law, as
amended by section 24 of part A4 of chapter 58 of the laws of 2006, is
amended to read as follows:
(1) The agency shall not issue bonds and notes in an aggregate princi-
pal amount at any one time outstanding exceeding one billion dollars,
excluding tax lien collateralized securities, special school purpose
bonds, special school deficit program bonds, special program bonds
issued to finance the reconstruction, rehabilitation or renovation of an
educational facility pursuant to the provisions of subdivision (b) of
section sixteen of chapter six hundred five of the laws of two thousand,
special program bonds issued to finance the cost of a project for
design, reconstruction or rehabilitation of a school building pursuant
to the provisions of section fourteen of the city of Syracuse and the
board of education of the city school district of the city of Syracuse
cooperative school reconstruction act, RECOVERY ACT BONDS and bonds and
notes issued to refund outstanding bonds and notes.
S 8. Section 2442 of the public authorities law, as amended by chapter
203 of the laws of 2000, is amended to read as follows:
S 2442. Agreement of the state. (1) The state of New York does hereby
pledge to and agree with the holders of any bonds, notes or tax lien
collateralized securities issued under this title that the state will
not limit or alter the rights hereby vested in the agency to fulfill the
terms of any agreements made with the holders thereof, or in any way
impair the rights and remedies of such holders until such bond, notes or
tax lien collateralized securities together with the interest thereon,
with interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or proceedings by or on behalf of
such holders, are fully met and discharged. The agency is authorized to
include this pledge and agreement of the state in any agreement with the
holders of such bonds, notes or tax lien collateralized securities.
NOTHING CONTAINED IN THIS TITLE SHALL BE DEEMED TO RESTRICT ANY RIGHT OF
THE STATE TO AMEND, MODIFY, REPEAL OR OTHERWISE ALTER (A) ANY PROVISION
OF LAW RELATING TO STATE AID, OR (B) STATUTES IMPOSING OR RELATING TO
TAXES OR FEES, OR (C) APPROPRIATIONS RELATING THERETO.
(2) THE AGENCY SHALL NOT INCLUDE WITHIN ANY RESOLUTION, CONTRACT OR
AGREEMENT WITH HOLDERS OF THE BONDS, NOTES OR OTHER OBLIGATIONS ISSUED
UNDER THIS TITLE ANY PROVISION WHICH PROVIDES THAT A DEFAULT OCCURS AS A
RESULT OF THE STATE EXERCISING ITS RIGHT TO AMEND, MODIFY, OR REPEAL OR
OTHERWISE ALTER (A) ANY PROVISION OF LAW RELATING TO STATE AID; OR (B)
STATUTES IMPOSING OR RELATING TO TAXES OR FEES, OR (C) APPROPRIATIONS
RELATING THERETO. NOTHING IN THIS TITLE SHALL BE DEEMED TO OBLIGATE THE
STATE TO MAKE ANY PAYMENTS OR IMPOSE ANY TAXES TO SATISFY THE DEBT
SERVICE OBLIGATIONS OF THE AGENCY.
S 9. Section 85.80 of the local finance law, as amended by chapter 777
of the laws of 1978, is amended to read as follows:
S 85.80 Authority for municipality or emergency financial control
board to file petition under federal statute. A municipality or its
emergency financial control board in addition to, or in lieu of, filing
a petition under this title, or the city of New York or the New York
state financial control board, may file any petition with any United
S. 6027 9
States district court or court of bankruptcy under any provision of the
laws of the United States, now or hereafter in effect, for the composi-
tion or adjustment of municipal indebtedness. Nothing contained in this
title shall be construed to limit the authorization granted by this
section. HOWEVER, NO MUNICIPALITY SHALL FILE ANY PETITION AUTHORIZED BY
THIS SECTION FOR SO LONG AS ITS LOCAL ARRA BONDS, AS DEFINED IN SECTION
TWENTY-FOUR HUNDRED THIRTY-TWO OF THE PUBLIC AUTHORITIES LAW, PURCHASED
BY THE STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY AND SECURED BY ITS
PLEDGE OF TAX REVENUES PURSUANT TO THE AUTHORITY OF SECTION TWENTY-FOUR
HUNDRED THIRTY-SIX-B OF THE PUBLIC AUTHORITIES LAW REMAIN OUTSTANDING.
S 10. This act shall take effect immediately.