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NY State Legislature· S10102-2025Signed by Governor

Provides for the implementation of certain parts of the state fiscal plan for the 2026-2027 state fiscal year, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10102
 
                             I N  S E N A T E
 
                              April 29, 2026
                                ___________
 
 Introduced by Sen. SERRANO -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN  ACT  authorizing  the  South Country central school district, in the
   county of Suffolk, to finance certain  deficits  by  the  issuance  of
   bonds  and  providing  for  advance  school  aid to such district; and
   providing for the repeal of such provisions  upon  expiration  thereof
   (Part  A);  and  to  amend part III of chapter 58 of the laws of 2023,
   amending the general municipal law and the executive law  relating  to
   directing  the state inspector general to appoint an independent moni-
   tor for the Orange county industrial development agency,  in  relation
   to  the  effectiveness  thereof;  and providing for the repeal of such
   provisions upon expiration thereof (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state fiscal plan  for  the  2026-2027  state
 fiscal year. Each component is wholly contained within a Part identified
 as  Parts  A through B. The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.    Any provision in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. South Country central school district deficit financing. 1.
 The South Country central school district (hereinafter  referred  to  in
 this  section  as  the  "district"), in the county of Suffolk, is hereby
 authorized to issue serial bonds, subject to the provisions  of  section
 10.10  of  the  local  finance law, on or before October 31, 2027, in an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12035-01-6
 S. 10102                            2
 
 aggregate  principal  amount  not  to  exceed  eleven  million   dollars
 ($11,000,000)  for  the specific object or purpose of liquidating actual
 deficits in its general fund at the close of the fiscal year ending June
 30,  2026  as certified by the state comptroller. In anticipation of the
 issuance and sale of such serial  bonds,  bond  anticipation  notes  are
 hereby authorized to be issued.
   2.  Notwithstanding  the provisions of any other law, general, special
 or local, the board of education of the district 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 authorizing the serial bonds authorized to be
 issued pursuant to this section.
   3. Amounts provided from the proceeds of obligations  issued  pursuant
 to  this  section in excess of the amount of the deficit as confirmed by
 the state comptroller shall be accounted  for  in  the  same  manner  as
 prescribed by the state comptroller pursuant to section 36 of the gener-
 al  municipal  law  for real property taxes levied for a planned balance
 pursuant to subdivision 21 of section 2021 of the education law.
   4. Notwithstanding  any  inconsistent  provision  of  paragraph  d  of
 section  10.10  of  the local finance law, the board of education of the
 district shall  make  adjustments  to  the  district's  proposed  budget
 consistent  with  any  recommendations  by the state comptroller and the
 commissioner of education.
   § 2. South Country central school  district  state  aid  advance.  The
 South  Country  central school district (hereinafter referred to in this
 section as the "district") shall be  paid  on  an  accelerated  schedule
 pursuant to this section.
   1. (a) Notwithstanding any other provisions of law, for aid payable in
 the school years 2025-26 through 2054-55 upon application to the commis-
 sioner  of education submitted not sooner than the second Monday in June
 of the school year in which such aid is payable and not later  than  the
 Friday  following  the  third Monday in June of the school year in which
 such aid is payable, the district shall be eligible to receive an appor-
 tionment pursuant to this section in an amount equal to the  product  of
 up  to  seven million dollars ($7,000,000) and the quotient of the posi-
 tive difference of thirty minus the number of school years elapsed since
 the 2025-26 school year divided by thirty, provided, however,  that  for
 the  2025-26  school  year  such application shall be submitted no later
 than May 7, 2026.
   (b) Funds apportioned pursuant to this subdivision shall be  used  for
 services and expenses of the district and shall be applied to support of
 its  educational  programs and any liability incurred by the district in
 carrying out its functions and responsibilities under the education law.
   2. The claim for an apportionment to be paid to the district  pursuant
 to  subdivision 1 of this section shall be submitted to the commissioner
 of education on a form prescribed for such purpose, and shall be payable
 upon determination by such commissioner that the form has been submitted
 as prescribed and that the district  has  complied  with  the  reporting
 requirements  of this section. For each school year in which application
 is made pursuant to subdivision 1 of this section, such approved  amount
 shall  be  payable  on or before June thirtieth of such school year upon
 the audit and warrant of the state comptroller on vouchers certified  or
 approved  by  the  commissioner of education in the manner prescribed by
 law from moneys appropriated for  general  support  of  public  schools,
 provided, however, that for the 2025-26 school year such approved amount
 shall be payable on or before May 18, 2026.
 S. 10102                            3

   3.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to the district during the  base
 year  pursuant  to  subdivisions  1 and 2 of this section shall first be
 deducted from general aid payments due during the  current  school  year
 pursuant  to  subparagraphs  4  and 5 of paragraph a of subdivision 1 of
 section 3609-a of the education law from the fixed fall payments payable
 pursuant to subparagraph 4 of such paragraph, and any  remainder  to  be
 deducted  from  the individualized payments due to the district pursuant
 to paragraph b of such subdivision shall be deducted on a  chronological
 basis starting with the earliest payment due the district.
   4.  Notwithstanding  any  other provisions of law, the sum of payments
 made to the district during the base year pursuant to subdivisions 1 and
 2 of this section plus payments made to the district during the  current
 year  pursuant to section 3609-a of the education law shall be deemed to
 truly represent all aids paid to the district during the current  school
 year  pursuant  to such section 3609-a for the purposes of computing any
 adjustments to such aids that may occur in a subsequent school year.
   5. In the 2026-27 through 2054-55 school years, the chief fiscal offi-
 cer of the district shall monitor all budgets and for each budget, shall
 prepare a quarterly report of summarized budget data  depicting  overall
 trends  of actual revenues and budget expenditures for the entire budget
 as well as individual line items.  Such  report  shall  compare  revenue
 estimates and appropriations as set forth in such budget with the actual
 revenues  and  expenditures made to date. All quarterly reports shall be
 accompanied by a recommendation from the superintendent  of  schools  or
 chief fiscal officer to the board of education setting forth any remedi-
 al  actions necessary to resolve any unfavorable budget variance includ-
 ing the overestimation of revenue and underestimation of appropriations.
 The chief fiscal officer shall also prepare, as part of such  report,  a
 quarterly  trial  balance  of general ledger accounts in accordance with
 generally accepted accounting principles  as  prescribed  by  the  state
 comptroller.  All reports shall be completed within sixty days after the
 end of each quarter and shall be submitted to the chief  fiscal  officer
 and  the board of education of the district, the state division of budg-
 et, the office of the state comptroller, the commissioner of  education,
 the  chair of the assembly ways and means committee and the chair of the
 senate finance committee.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2026; provided
 however, that:
   1. section one of this act shall expire and be deemed repealed  Decem-
 ber 31, 2037; and
   2.  section  two  of this act shall expire and be deemed repealed June
 30, 2055.
 
                                  PART B
 
   Section 1. Section 3 of part III of chapter 58 of the  laws  of  2023,
 amending the general municipal law and executive law relating to direct-
 ing  the  state  inspector general to appoint an independent monitor for
 the Orange county industrial development agency, is amended to  read  as
 follows:
   §  3.  This  act shall take effect immediately; provided however, that
 subdivisions two, three, four and five of section  912  of  the  general
 municipal law, as added by section one of this act, and subdivision 8 of
 section  54  of  the executive law, as added by section two of this act,
 S. 10102                            4
 
 shall expire and be deemed repealed [three] FOUR years after such effec-
 tive date.
   §  2.  This act shall take effect immediately; provided, however, that
 upon enactment of legislation constituting the  2026-2027  budget,  this
 act shall cease to have force and effect and shall be deemed repealed.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall 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, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through B of this act shall be
 as specifically set forth in the last section of such Parts.
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