S T A T E O F N E W Y O R K
________________________________________________________________________
9408
I N A S S E M B L Y
March 2, 2022
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to removing the
requirement that where a municipal corporation, school district or
district corporation issues indebtedness to finance the cost of prepa-
ration of plans and specifications for a proposed capital improvement,
there must be a waiting period of at least one year before authorizing
the undertaking of the capital improvement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3 and 4 of section 99-d of the general
municipal law, subdivision 2 as amended by chapter 889 of the laws of
1981, subdivisions 3 and 4 as added by chapter 735 of the laws of 1960,
are amended to read as follows:
2. [Where the cost of such advance planning of a capital improvement
is financed by the issuance of bonds or capital notes and where the
period of probable usefulness specified by subdivision sixty-two of
paragraph a of section 11.00 of the local finance law is applicable, the
municipal corporation, school district or district corporation shall not
have power to authorize the undertaking of the capital improvement until
at least one year after the original issuance of such obligations;
provided, however, that when bond anticipation notes shall have been
issued prior to such bonds, such one year period shall be computed from
the date of such bond anticipation notes.
3.] The total amount of bonds or capital notes which may be authorized
in any fiscal year of the municipal corporation, school district or
district corporation to finance such advance planning pursuant to this
section shall not exceed the maximum amount of budget notes which it may
issue in such year pursuant to subdivision two or subdivision three of
paragraph a of section 29.00 of the local finance law, as the case may
be, provided, however, that for the purposes of this subdivision,
amounts which are to be paid in the first instance from improvement
district assessments shall be included in computing "the amount of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14835-01-2
A. 9408 2
annual budget" of a town or a county in accordance with section 29.00 of
such law.
[4.] 3. If the advance planning is undertaken for the purpose of an
existing or proposed county or town improvement district, or any exten-
sion thereof, the existing district, or the proposed district when
created, or the extension thereof, shall reimburse the county or town
for the cost of such advance planning, including any interest on any
obligations issued to finance such cost. The amount so reimbursed shall
be applied first to the payment of any outstanding obligations issued to
finance such expenditure.
§ 2. This act shall take effect immediately.