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
Sponsor: SEWARD
Law Section: Bonds and Notes / Law: Amd SS1 & 3, Chap 585 of 2011
S6811A-2011 Actions
- Jun 29, 2012: SIGNED CHAP.81
- Jun 22, 2012: DELIVERED TO GOVERNOR
- Jun 21, 2012: returned to senate
- Jun 21, 2012: passed assembly
- Jun 21, 2012: home rule request
- Jun 21, 2012: ordered to third reading rules cal.485
- Jun 21, 2012: substituted for a9729a
- Jun 21, 2012: referred to ways and means
- Jun 21, 2012: RETURNED TO ASSEMBLY
- Jun 21, 2012: REPASSED SENATE
- Jun 21, 2012: HOME RULE REQUEST
- Jun 18, 2012: AMENDED ON THIRD READING 6811A
- Jun 18, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
- Jun 18, 2012: returned to senate
- Jun 18, 2012: RECALLED FROM ASSEMBLY
- Apr 30, 2012: referred to local governments
- Apr 30, 2012: DELIVERED TO ASSEMBLY
- Apr 30, 2012: PASSED SENATE
- Apr 30, 2012: HOME RULE REQUEST
- Apr 26, 2012: ADVANCED TO THIRD READING
- Apr 25, 2012: 2ND REPORT CAL.
- Apr 19, 2012: 1ST REPORT CAL.558
- Mar 23, 2012: REFERRED TO LOCAL GOVERNMENT
S6811A-2011 Calendars
Active List: Jun 21, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012S6811A-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 section10.10 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 annualinstallments] 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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