Bill Text: NY S06395 | 2011-2012 | General Assembly | Amended


Bill Title: Relates to assumed amortization for school projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2012-08-01 - VETOED MEMO.138 [S06395 Detail]

Download: New_York-2011-S06395-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6395--B
                                   I N  S E N A T E
                                   February 3, 2012
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Education -- reported
         favorably from said  committee  and  committed  to  the  Committee  on
         Finance  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said  committee  --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the education law, in relation to  assumed  amortization
         for school projects
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Clause (b) of subparagraph 3 of paragraph e of  subdivision
    2  6  of  section  3602  of  the  education law, as amended by section 4 of
    3  subpart F of part C of chapter 97 of the laws of  2011,  is  amended  to
    4  read as follows:
    5    (b)  Such  assumed  amortization for a project approved by the commis-
    6  sioner on or after the later of the first day of December, two  thousand
    7  one or thirty days after the date upon which this subdivision shall have
    8  become  a law and prior to the first day of July, two thousand eleven or
    9  for any debt service related to projects approved  by  the  commissioner
   10  prior  to such date where a bond, capital note or bond anticipation note
   11  is first issued on or after the first day of December, two thousand  one
   12  to  fund  such  projects, shall commence: (i) eighteen months after such
   13  approval or (ii) on the date of receipt by the commissioner of a certif-
   14  ication by the district that a general construction  contract  has  been
   15  awarded  for  such project by the district, whichever is later, and such
   16  assumed amortization for a project approved by the [commissioner] VOTERS
   17  OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A  CITY  SCHOOL
   18  DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED TWENTY-FIVE THOUSAND
   19  INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, on or after the first
   20  day of July, two thousand eleven shall commence: (iii)  eighteen  months
   21  after  such  approval or (iv) on the date of receipt by the commissioner
   22  of both the final certificate of substantial completion of  the  project
   23  issued  by  the architect or engineer and the final cost report for such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14225-04-2
       S. 6395--B                          2
    1  project, whichever is later or (v) upon the date of  a  finding  by  the
    2  commissioner  that  the  certificate  of  substantial  completion of the
    3  project has been issued by the architect or engineer, but  the  district
    4  is  unable  to  complete  the final cost report because of circumstances
    5  beyond the control of the  district.  Such  assumed  amortization  shall
    6  provide for equal semiannual payments of principal and interest based on
    7  an interest rate established pursuant to subparagraph five of this para-
    8  graph  for  such  purpose  for the school year during which such certif-
    9  ication is received. The first installment of obligations issued by  the
   10  school  district  in  support of such projects may mature not later than
   11  the dates established pursuant to sections 21.00 and 22.10 of the  local
   12  finance law.
   13    S 2. This act shall take effect immediately.
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