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This entry was published on 2016-12-02
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SECTION 2436
State aid guarantee
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 18
§ 2436. State aid guarantee. 1. In the event that a municipality fails
to make any payment of principal or interest on its municipal bonds, the
chairman of the agency shall certify to the comptroller that the
municipality has failed to meet its obligations. Such certificate shall
be in such form as the agency deems desirable, but shall include the
exact amount of interest and principal required to satisfy the
municipality's obligations to the agency.

2. The comptroller, upon receipt of such certificate from the agency,
shall withhold from the municipality any state aid payable to such
municipality to the extent necessary to meet the certified amount of
interest or principal and shall immediately pay over to the agency the
amount so withheld.

3. Pending payment to the agency from the comptroller of any such
state aid withheld from a municipality, the agency shall, if payments of
interest or principal are due on the agency's bonds, withdraw an amount
sufficient to meet such amounts withheld from a municipality from the
debt service reserve fund securing such bonds. Any such amount withdrawn
from such debt service reserve fund shall be paid into such debt service
reserve fund upon receipt by the agency from the comptroller of any
state aid withheld. Any amount so paid to the agency from such state aid
shall not obligate the state to make, nor entitle the municipality to
receive, any additional amounts of state aid.

4. In the event that a special program municipality shall fail to make
a payment in such amount (as calculated in accordance with the special
program agreement to which such municipality shall be a party) and by
such date as is provided to be made by such municipality in its special
program agreement, the chairman of the agency shall so certify to the
comptroller. Such certificate shall be in such form as the agency deems
desirable, but shall specify the amount by which such payment shall have
been deficient. The comptroller, upon receipt of such certificate from
the agency, shall withhold from such special program municipality any
state aid payable to such municipality to the extent of the amount so
stated in such certificate as not having been made, and shall
immediately pay over to the agency the amount so withheld; provided,
however, that in the case of a special program agreement entered into
for the purpose described in paragraph (b) or (c) or (d) or (e) of
subdivision one of section twenty-four hundred thirty-five-a of this
title, the comptroller shall be authorized to withhold from the special
program municipality such school aid as is payable to the city school
district of the special program municipality, to the extent of the
amount so stated in such certificate as not having been made, and shall
immediately pay over to the agency the amount so withheld. Any amount so
paid to the agency from such state and/or school aid shall not obligate
the state to make, nor entitle the special program municipality to
receive, any additional amounts of state and/or school aid. Nothing
contained therein shall be deemed to prevent the state from modifying,
reducing or eliminating any program or programs of state and/or school
aid; nor shall the state be obligated by the terms hereof to maintain
state and/or school aid at any particular level or amount.

5. In the event that a special school deficit program district shall
fail to make a payment in such amount (as calculated in accordance with
the special school deficit program agreement to which such school
district shall be a party) and by such date as is provided to be made by
such school district in its special school deficit program agreement,
the chairman of the agency shall so certify to the comptroller, with a
copy to the commissioner of education. Such certificate shall be in such
form as the agency deems desirable, but shall specify the amount by
which such payment shall have been deficient. The comptroller, upon
receipt of such certificate from the agency, shall withhold from such
special school deficit program district any school aid payable to such
special school deficit program district to the extent of the amount so
stated in such certificate as not having been made, and shall
immediately pay over to the agency the amount so withheld. Any amount so
paid to the agency from such school aid shall not obligate the state to
make, nor entitle the special school deficit program district to
receive, any additional amounts of school aid. Nothing contained therein
shall be deemed to prevent the state from modifying, reducing or
eliminating any program or programs of school aid; nor shall the state
be obligated by the terms hereof to maintain school aid at any
particular level or amount.