§ 6-e. Contingency and tax stabilization reserve fund for municipal
corporations. 1. As used in this section:

a. "Annual budget" means the annual budget or estimate, as finally
adopted, of a municipal corporation which is required by law to adopt an
annual budget or estimate of the expenditures to be made for a fiscal
year for the general support or for the expenses of the government of
such municipal corporation during such fiscal year.

b. "Base year" means the most recent fiscal year for which an annual
report has been filed with the state comptroller pursuant to section
thirty of this chapter.

c. "Chief executive officer" means a chief executive officer as
defined in paragraph five-a of section 2.00 of the local finance law.

d. "Chief fiscal officer" means a chief fiscal officer as defined in
paragraph five of section 2.00 of the local finance law.

e. "Eligible portion of the annual budget" means:

(1) in the case of a contingency and tax stabilization reserve fund
established for a county, city, village or fire district, the general
fund portion of the annual budget;

(2) in the case of a contingency and tax stabilization reserve fund
established for a town, the town-wide general fund and highway fund
portions of the annual budget; and

(3) in the case of a contingency and tax stabilization reserve fund
established for the part of a town outside any villages, the general
fund and highway fund portions of the annual budget for such part of the
town.

f. "Estimated revenue" means revenue from a specific source which is
expected to be received during a fiscal year and which is included in
the annual budget as finally adopted for that fiscal year.

g. "Governing board" means a governing board as defined in section two
of this chapter and, in the case of a fire district, shall mean the
board of fire commissioners.

h. "Municipal corporation" means a municipal corporation as defined in
section two of this chapter and shall also include a fire district.

i. "Public emergency" means an epidemic, conflagration, riot, storm,
flood or other sudden, unforeseen or unexpected occurrence or condition
which requires the immediate expenditure of moneys to protect the public
health, safety or welfare of the inhabitants of the municipal
corporation.

j. "Tentative budget" means the tentative budget prepared pursuant to
section three hundred fifty-four of the county law, section one hundred
six of the town law or section 5-504 of the village law, the statement
of expenditures prepared pursuant to section one hundred eighty-one of
the town law, or similar document prepared pursuant to general, special
or local law.

k. "Unanticipated expenditure" means an expenditure for a specific
purpose for which there is no or insufficient appropriation or which
will cause an appropriation to be insufficient that is necessitated by a
change in federal or state laws, rules or regulations, a court order,
judgement or decree, a public emergency, or an industry-wide price, rate
or premium increase, which takes effect or occurs after final adoption
of the annual budget and which could not have been reasonably
anticipated prior to final adoption of the annual budget.

l. "Unanticipated revenue loss" means estimated revenue which is
rendered unreceivable because of a change in federal or state laws,
rules or regulations, a court order, judgement or decree, or other
circumstance, which takes effect or occurs after final adoption of the
annual budget and which could not have been reasonably anticipated prior
to final adoption of the annual budget.

m. "Unappropriated unreserved fund balance" means the difference
between the total assets for a fund and the total liabilities, deferred
revenues, encumbered appropriations, amounts appropriated for the
ensuing fiscal year's budget, and amounts reserved for stated purposes
pursuant to law, including reserve funds established pursuant to the
general municipal law for the fund, as determined through application of
the system of accounts prescribed by the state comptroller pursuant to
section thirty-six of this chapter.

n. "Voting strength" means the aggregate number of votes which all the
members of the governing board are entitled to cast.

2. The governing board of any municipal corporation, by resolution
subject to a permissive referendum, may establish a contingency and tax
stabilization reserve fund for the municipal corporation and, in the
case of a town, also for the part of the town outside any villages. Such
permissive referendum shall be governed by:

a. in the case of a county, sections one hundred one through one
hundred three of the county law;

b. in the case of a city, sections twenty-four through twenty-six of
the municipal home rule law;

c. in the case of a town or the part of a town outside any villages,
article seven of the town law;

d. in the case of a village, article nine of the village law; and

e. in the case of a fire district, subdivision four of section six-g
of this article.

3. There may be paid into the contingency and tax stabilization
reserve fund such amounts as may be provided therefor by budgetary
appropriation, unappropriated unreserved fund balance in the eligible
portion of the annual budget, and such revenues as are not required by
law to be paid into any other fund or account; provided, however, that
no amount may be appropriated for payment into a contingency and tax
stabilization reserve fund which would cause the balance of the fund to
exceed ten percent of the eligible portion of the annual budget for the
fiscal year for which the appropriation would be made.

4. a. The moneys in a contingency and tax stabilization reserve fund
may be expended only pursuant to an appropriation for a purpose
authorized by this subdivision. Except as provided in paragraph e of
this subdivision, such an appropriation shall be made only upon the
recommendation of the chief executive officer and the adoption of a
resolution appropriating the recommended amount by at least two-thirds
of the voting strength of the governing board.

b. The moneys in a contingency and tax stabilization reserve fund may
be used to finance an unanticipated revenue loss chargeable to the
eligible portion of the annual budget, subject to the following
limitations:

(1) the maximum amount of moneys in the fund that may be used to
finance an unanticipated revenue loss shall equal either the amount of
the revenue actually received for the base year or the amount of the
estimated revenue for the current fiscal year, whichever is less, minus
the amount of the revenue actually received for the current fiscal year;
and

(2) the moneys in the fund may be used only to finance that portion of
the unanticipated revenue loss which, as a matter of law, cannot be
financed with amounts available in any other account or fund.

c. The moneys in a contingency and tax stabilization reserve fund may
be used to finance an unanticipated expenditure chargeable to the
eligible portion of the annual budget, subject to the following
limitations:

(1) the maximum amount of moneys in the fund that may be used to
finance an unanticipated expenditure shall equal the sum of the amount
of the unanticipated expenditure and the amount appropriated for that
purpose for the current fiscal year minus either the amount appropriated
for that purpose for the current fiscal year or the actual expenditure
for the same purpose in the base year, whichever is greater; and

(2) the moneys in the fund may be used only to finance that portion of
an unanticipated expenditure which, as a matter of law, cannot be
financed with amounts available in any other account or fund.

d. The moneys in the contingency and tax stabilization reserve fund
may be used to lessen or prevent any projected increase in excess of two
and one-half percent in the amount of the real property tax levy needed
to finance the eligible portion of the annual budget for the next
succeeding fiscal year. The maximum amount of moneys in the fund that
may be used for this purpose shall equal the difference between the
projected amount of such real property tax levy and one hundred two and
one-half percent of the amount of the real property tax levy needed to
finance the eligible portion of the annual budget for the current fiscal
year.

e. When preparing the tentative budget of a municipal corporation, if
the current balance of a contingency and tax stabilization reserve fund,
as shown by the statement of the chief fiscal officer required by
subdivision six of this section, exceeds ten percent of the eligible
portion of the annual budget for the current fiscal year, such excess
shall be used to reduce the amount of real property taxes needed to
finance the eligible portion of the annual budget for the next
succeeding fiscal year.

5. The moneys in the contingency and tax stabilization reserve fund
shall be deposited in one or more of the banks or trust companies
designated, in the manner provided by law, as depositories of the funds
of such municipal corporation. The governing board, or the chief fiscal
officer having custody of such money of such municipal corporation, if
the governing board shall delegate such duty to him, may invest the
moneys in such fund in obligations specified in section eleven of this
article. Any interest earned or capital gain realized on the money so
deposited or invested shall accrue to and become part of such fund.

6. The chief fiscal officer shall account for the contingency and tax
stabilization reserve fund separate and apart from all other funds of
the municipal corporation. Such accounting shall show: the source, date
and amount of each sum paid into the fund; the interest earned by such
fund; capital gains or losses resulting from the sale of investments of
the fund; the order, source thereof, date and amount of each
appropriation from this fund; the assets of the fund, indicating cash
balance and a schedule of investments. Not later than sixty days after
the start of each fiscal year and at such times as may be required by
the governing board, the chief fiscal officer shall furnish to the
governing board a detailed report of the operation and condition of the
fund during the preceding fiscal year which shall include a statement of
receipts and disbursements, and a statement of the balance of the fund
as of the last day of such preceding fiscal year and such other dates as
may be specified by the governing board. Not later than thirty days
prior to the last date provided by law for the filing of the tentative
budget, the chief fiscal officer shall furnish to the officer or body
responsible for preparing the tentative budget a statement of the
current balance of the fund.

7. The members of the governing board are hereby declared trustees of
the moneys in the contingency and tax stabilization reserve fund and
shall be subject to all duties and responsibilities imposed by law on
trustees, and such duties and responsibilities may be enforced by the
municipal corporation or by any board, commission, agency, officer or
taxpayer thereof.

8. Any officer of a municipal corporation shall be guilty of a
misdemeanor if he or she willfully and knowingly causes the municipal
corporation to:

a. Appropriate moneys from the contingency and tax stabilization
reserve fund for any purpose not authorized by this section.

b. Expend any money from the contingency and tax stabilization reserve
fund for a purpose other than that for which it was appropriated.
The provisions of this subdivision shall be considered to be in addition
to any other penalties provided by law.

* 4. Moneys in such fund shall be deposited and secured in the manner
provided by section ten of this article. The moneys in such fund so
deposited shall be kept in a separate bank account. The governing board
or the chief fiscal officer of such municipality, if the governing board
shall delegate such duty to him, may invest the moneys in such fund in
the manner provided in section eleven of this article. Any interest
earned or capital gains realized on the moneys so deposited or invested
shall accrue to and become part of such fund. Such board or officer
shall incur no personal liability on account of any investment made
pursuant to the provisions of this section.

* NB sb. 4 amended by Ch. 708/92, § 3 is to former section 6-E -
repealed Ch. 655/92