S6811A-2011: Amends chapter 585 of 2011 authorizing the village of Ilion to finance a litigation settlement by the issuance of serial bonds and/or anticipation notes


Same as: A9729A-2011 / Versions: S6811-2011 S6811A-2011
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Authorizes the village of Ilion to finance a litigation settlement by the issuance of serial bonds and/or anticipation notes, in relation to the requirements of issuing and levying taxes on such bonds and notes.
Sponsor: SEWARD
Law Section: Bonds and Notes / Law: Amd SS1 & 3, Chap 585 of 2011

S6811A-2011 Actions

S6811A-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S6811A-2011 Votes

VOTE: COMMITTEE VOTE: - Local Government - Apr 19, 2012

Ayes (6): Martins, Little, McDonald, Ritchie, Stewart-Cousins, Klein
Nays (1): Ball
Excused (1): Oppenheimer
VOTE: FLOOR VOTE: - Apr 30, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (1): Ball
Excused (3): Hannon, Parker, Valesky
VOTE: FLOOR VOTE: - Jun 21, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Ball
Excused (2): Espaillat, Huntley

S6811A-2011 Memo

BILL NUMBER:S6811A

TITLE OF BILL:
An act
to amend chapter 585 of the laws of 2011 relating to authorizing the
village of Ilion to finance a litigation settlement by the issuance of
serial bonds and/or anticipation notes, in relation to the requirements
of issuing and levying taxes on such bonds and notes

PURPOSE:
To amend chapter 585 of the laws of 2011 to delete a
reference to the local finance law.

SUMMARY OF PROVISIONS:
This is an amendment to S.5657, to delete
references to an inappropriate section of the local finance law and
to grant the municipality additional time to issue its notes or bonds.

EXISTING LAW:
Chapter 585 was signed into law on September 23, 2011. It
inadvertently and incorrectly references section 10.10 of the local
finance law.

JUSTIFICATION:
The section of the local finance law referred to in the
chapter permits a municipality to incur debt to liquidate an
operating deficit, and requires the comptroller to certify the amount
of the municipality's deficit. It further requires quarterly budget
reporting by the municipality to the division of budget, the
comptroller, and the chairmen of the legislature's respective finance
committees - clearly not the intent of the legislation. This
amendment corrects the error and grants the municipality additional
time to issue its notes.

LEGISLATIVE HISTORY:
Senate bill 5657 was signed into law as chapter
585 of the laws of 2011. This bill amends the chapter.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediate.

S6811A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
6811--A
Cal. No. 558 I N SENATE March 23, 2012
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government - reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend chapter 585 of the laws of 2011 relating to authorizing the village of Ilion to finance a litigation settlement by the issu ance of serial bonds and/or anticipation notes, in relation to the requirements of issuing and levying taxes on such bonds and notes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1.

Section 1 of chapter 585 of the laws of 2011 relating to authorizing the village of Ilion to finance a litigation settlement by the issuance of serial bonds and/or anticipation notes, is amended to read as follows:


Section 1. The Village of Ilion, in the county of Herkimer, is hereby authorized to issue serial bonds[, subject to the provisions of section 10.10 of the local finance law,] on or before [June 30, 2012] JANUARY 31, 2013, in an aggregate principal amount not to exceed one million one hundred thousand dollars ($1,100,000) for the specific [object] OBJECTS or [purpose] PURPOSES of (I) settling pending litigation regarding amounts owed to the county for workers' compensation costs, AND (II) REFUNDING AN OUTSTANDING BOND OF THE VILLAGE IN THE PRINCIPAL AMOUNT OF $1,167,400, ISSUED ON APRIL 5, 2012, AND BEARING INTEREST AT THE RATE OF 1.75% PER ANNUM (THE "OUTSTANDING BOND"). In anticipation of the issu ance and sale of such serial bonds, bond anticipation notes are hereby authorized to be issued.

S 2.

Section 3 of chapter 585 of the laws of 2011 relating to author izing the village of Ilion to finance a litigation settlement by the issuance of serial bonds and/or anticipation notes, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15156-05-2
S. 6811--A 2

S 3. Notwithstanding the provisions of any other law, general, special or local TO THE CONTRARY, INCLUDING PARAGRAPH C OF SECTION 90.00 OF THE LOCAL FINANCE LAW, (I) THE OUTSTANDING BOND MAY BE REFUNDED (A) WITHIN FIVE YEARS AFTER THE DATE OF ITS ORIGINAL ISSUANCE AND (B) WHERE THE PRESENT VALUE OF THE REFUNDING BOND IS NOT LESS THAN THE PRESENT VALUE OF THE OUTSTANDING BONDS, AND (II), the Village Board of the Village of Ilion is hereby authorized to levy a tax [to be collected in annual installments] sufficient to pay the principal of and interest on said bonds and bond anticipation notes and to adopt a bond resolution author izing the serial bonds authorized to be issued pursuant to this act.

S 3. If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

S 4. This act shall take effect immediately.

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