S T A T E O F N E W Y O R K
________________________________________________________________________
9417
I N S E N A T E
May 15, 2024
___________
Introduced by Sen. MARTINEZ -- (at request of the NYC Office of Manage-
ment and Budget) -- read twice and ordered printed, and when printed
to be committed to the Committee on Local Government
AN ACT to amend the local finance law and chapter 419 of the laws of
1991, amending the local finance law and other laws relating to
providing relief to local governments for certain mandated programs
and services, in relation to local government borrowing practices and
mandate relief
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of section 21.00 of the local finance law, as
amended by chapter 121 of the laws of 2021, is amended to read as
follows:
b. Serial bonds shall mature in annual installments. The first
installment shall mature not later than eighteen months after the date
of such bonds or two years after the date of the first bond anticipation
note or notes issued in anticipation of such bonds, whichever is the
earlier, provided, however, that until July fifteenth, two thousand
[twenty-four] TWENTY-SEVEN, the first installment shall mature not later
than two years after the date of such bonds or two years after the date
of the first bond anticipation note or notes issued in anticipation of
such bonds, whichever is the earlier. However, if bond anticipation
notes are issued in anticipation of bonds and if a portion of such notes
or the renewals thereof are redeemed from a source other than the
proceeds of such bonds within two years from the date of the first such
note or notes and a further portion thereof shall be so redeemed prior
to the termination of each twelve months' period succeeding the date
such original portion was so redeemed, the first installment of such
bonds may, in the alternative, be made to mature not later than five
years from the date of the first such note or notes.
§ 2. Paragraph b of section 53.00 of the local finance law, as amended
by chapter 121 of the laws of 2021, is amended to read as follows:
b. If such bonds or notes are payable in installments, the install-
ments remaining unpaid may be called for redemption only (i) in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15469-01-4
S. 9417 2
inverse order of their maturity or, (ii) in equal proportionate amounts;
provided, however, that for bonds issued during the one-year period
commencing July first, nineteen hundred eighty-eight, and for bonds
issued during the one-year period commencing July first, nineteen
hundred eighty-nine, and for bonds issued during the one-year period
commencing July first, nineteen hundred ninety, and for bonds issued
during the three-year period commencing July first, nineteen hundred
ninety-one, and for bonds issued during the period from July first,
nineteen hundred ninety-four up until and including July fifteenth,
nineteen hundred ninety-seven and for bonds issued during the period
from July fifteenth, nineteen hundred ninety-seven up until and includ-
ing July fifteenth, two thousand, and for bonds issued during the period
from July fifteenth, two thousand up until and including July fifteenth,
two thousand three, and for bonds issued during the period from July
fifteenth, two thousand three up until and including July fifteenth, two
thousand six, and for bonds issued during the period from July
fifteenth, two thousand six up until and including July fifteenth, two
thousand nine, and for bonds issued during the period from July
fifteenth, two thousand six up until and including July fifteenth, two
thousand twelve, and for bonds issued during the period from July
fifteenth, two thousand nine up until and including July fifteenth, two
thousand fifteen, and for bonds issued during the period from July
fifteenth, two thousand fifteen up until and including July fifteenth,
two thousand eighteen, and for bonds issued during the period from July
fifteenth, two thousand eighteen up until and including July fifteenth,
two thousand twenty-one, and for bonds issued during the period from
July fifteenth, two thousand twenty-one up until and including July
fifteenth, two thousand twenty-four, AND FOR BONDS ISSUED DURING THE
PERIOD FROM JULY FIFTEENTH, TWO THOUSAND TWENTY-FOUR UP UNTIL AND
INCLUDING JULY FIFTEENTH, TWO THOUSAND TWENTY-SEVEN, installments
remaining unpaid on such bonds may be called for redemption prior to
their date of maturity in such amounts, at such times in such manner and
pursuant to such terms as may be determined by the finance board of a
municipality, school district or district corporation at the time of the
issuance thereof. Whenever any bonds or notes are called for redemption
prior to the date of their maturity, interest shall cease to be paid
thereon after the date for redemption set forth in such call for redemp-
tion. The sum to be paid to redeem any unpaid installment prior to its
maturity, exclusive of the interest accruing on such installment to the
date of redemption, shall in no event be in excess of the lesser amount
of either (i) the par value of such installment plus one-half of one per
centum of such par value for each calendar year or part thereof elapsing
between the date for redemption set forth in such call for redemption
and the date of maturity of such installment, provided, however, that
such amount shall not exceed one hundred five per centum of such par
value, or (ii) the par value of such installment plus the total of all
unpaid interest on such installment which would have accrued from the
date of redemption to the date of maturity thereof had such installment
not been redeemed prior to maturity, except that bonds sold to the state
of New York municipal bond bank agency, which are subject to call as
hereinbefore authorized, may provide for the payment of a redemption
premium not to exceed five per centum of the par value of the bonds to
be called, payable on the date of the redemption thereof; provided,
however, that for bonds issued during the one-year period commencing
July first, nineteen hundred eighty-eight, and for bonds issued during
the one-year period commencing July first, nineteen hundred eighty-nine,
S. 9417 3
and for bonds issued during the one-year period commencing July first,
nineteen hundred ninety, and for bonds issued during the three-year
period commencing July first, nineteen hundred ninety-one, and for bonds
issued during the period from July first, nineteen hundred ninety-four
up until and including July fifteenth, nineteen hundred ninety-seven,
and for bonds issued during the period from July fifteenth, nineteen
hundred ninety-seven up until and including July fifteenth, two thou-
sand, and for bonds issued during the period from July fifteenth, two
thousand up until and including July fifteenth, two thousand three, and
for bonds issued during the period from July fifteenth, two thousand
three up until and including July fifteenth, two thousand six, and for
bonds issued during the period from July fifteenth, two thousand six up
until and including July fifteenth, two thousand nine, and for bonds
issued during the period from July fifteenth, two thousand nine up until
and including July fifteenth, two thousand twelve, and for bonds issued
during the period from July fifteenth, two thousand twelve up until and
including July fifteenth, two thousand fifteen, and for bonds issued
during the period from July fifteenth, two thousand fifteen up until and
including July fifteenth, two thousand eighteen, and for bonds issued
during the period from July fifteenth, two thousand eighteen up until
and including July fifteenth, two thousand twenty-one, and for bonds
issued during the period from July fifteenth, two thousand twenty-one up
until and including July fifteenth, two thousand twenty-four, AND FOR
BONDS ISSUED DURING THE PERIOD FROM JULY FIFTEENTH, TWO THOUSAND TWEN-
TY-FOUR UP UNTIL AND INCLUDING JULY FIFTEENTH, TWO THOUSAND TWENTY-SEV-
EN, a municipality, school district, or district corporation may provide
for redemption of such bonds prior to the date of their maturity at a
price or prices as may be as determined by the issuer of such bonds or
notes at the time of the issuance thereof.
§ 3. The opening paragraph of paragraph a of section 54.90 of the
local finance law, as amended by chapter 121 of the laws of 2021, is
amended to read as follows:
Whenever in the judgment of the finance board the interest of a muni-
cipality would be served thereby, the municipality may issue bonds or
notes, on or before July fifteenth, two thousand [twenty-four] TWENTY-
SEVEN, with interest rates that vary in accordance with a formula or
procedure and are subject to a maximum rate of interest set forth or
referred to in the bonds or notes and may provide the holders thereof
with such rights to require the municipality or other persons to
purchase such bonds or notes or renewals thereof from the proceeds of
the resale thereof or otherwise from time to time prior to the final
maturity of such bonds or notes as the finance board may determine and
the municipality may resell, at any time prior to final maturity, any
such bonds or notes acquired as a result of the exercise of such rights;
provided, however, that at no time shall the total principal amount of
bonds and notes issued pursuant to this paragraph (other than bonds and
notes bearing interest at rates and for periods of time that are speci-
fied at issuance) exceed ten percent of the limit prescribed by section
104.00 of this article.
§ 4. Subdivision 9 of paragraph d of section 107.00 of the local
finance law, as amended by chapter 121 of the laws of 2021, is amended
to read as follows:
9. Notwithstanding any other provision of law, the financing by any
municipality, prior to July fifteenth, two thousand [twenty-four] TWEN-
TY-SEVEN, of any object or purpose which has a period of probable
usefulness determined by law, by the issuance of any bonds and notes,
S. 9417 4
including (i) the issuance of bonds or notes, to redeem notes previously
issued for the object or purpose for which the bonds or notes are being
issued or (ii) the issuance of bonds to refund bonds previously issued
for the object or purpose for which bonds are being issued.
§ 5. Subdivisions (a) and (e) of section 81 of chapter 413 of the laws
of 1991, amending the local finance law and other laws relating to
providing relief to local governments for certain mandated programs and
services, as amended by chapter 121 of the laws of 2021, are amended to
read as follows:
(a) sections six, sixteen and seventeen of this act shall expire and
be deemed repealed on and after July 15, [2024] 2027, and upon such date
the amendments made to the provisions of the local finance law by such
sections shall also expire and such provisions shall revert to and be
read as set out in law on the date immediately preceding the effective
date of such sections six, sixteen and seventeen of this act;
(e) subdivision (b) of section thirty-five of this act shall expire
and be deemed repealed on and after July 15, [2024] 2027;
§ 6. This act shall take effect immediately.