N.Y. STF Law § 67-B — New York Code / Act STF / Article 5-B / Section 67-B
Limitations on the issuance of state-supported debt
Status: in_force

§ 67-b. Limitations on the issuance of state-supported debt.  1. (a)\nState-supported debt may not be contracted for unless, as of October\nthirty-first, two thousand one and as of each October thirty-first\nthereafter, the total outstanding principal amount of such debt, as of\nthe last day of the immediately preceding fiscal year, is less than the\ndesignated percentage of the total personal income of the state. Nothing\nshall preclude the contracting of state-supported debt prior to October\nthirty-first of each year if, as of the last day of the immediately\npreceding fiscal year, the total outstanding principal amount of such\ndebt was less than the designated percentage of the total personal\nincome of the state. The total outstanding principal amount of debt\nshall include all state-supported debt issued on and after April first,\ntwo thousand. Such designated percentage shall be seven and\none-half-tenths of one percent for fiscal year two thousand--two\nthousand one, and shall increase by five-tenths of one percent in fiscal\nyear two thousand one--two thousand two, by an additional four-tenths of\none percent in fiscal year two thousand two--two thousand three, and by\nan additional one-third of one percent in each of the seven subsequent\nfiscal years. The designated percentage for fiscal year two thousand\nten--two thousand eleven and for each fiscal year thereafter shall be\nfour percent.\n  (b) If state-supported debt is issued to refund or otherwise affect\nthe refunding, retirement or defeasance of state-supported debt\noriginally issued on and after April first, two thousand, provided such\nrefundings are conducted in accordance with section thirteen of article\nVII of the state constitution, the calculation of the total outstanding\nprincipal amount of debt shall include such refunding debt, and shall\nexclude the amount of prior refunded debt, in each year until such\nrefunding debt is finally retired. Notwithstanding the foregoing, the\nprovisions of such section thirteen of article VII of the state\nconstitution relating to the maintenance or management of escrow funds\nand sinking funds shall only be applicable to state-supported debt\nissued by the state comptroller. If state-supported debt is issued to\nrefund or otherwise affect the refunding, retirement or defeasance of\nstate-supported debt issued prior to April first, two thousand, then the\namount of such refunding debt shall be included in the calculation of\nthe total outstanding principal amount of debt in each year until such\nrefunding debt is finally retired. In addition, if state-supported debt\nis retired or defeased with payments in any fiscal year made by the\nstate that are not required by mandatory payments, such debt shall be\nexcluded from the calculation of the total outstanding principal amount\nof debt, including retirements or defeasances accomplished on an\neconomic basis.\n  2. State-supported debt may not be contracted for unless, as of\nOctober thirty-first, two thousand one and as of each October\nthirty-first thereafter, the total amount of interest, installments of\nprincipal, contributions to sinking funds, and related payments on a\ncash basis of accounting for state-supported debt in the immediately\npreceding fiscal year is less than the designated percentage of total\ngovernmental funds receipts for such fiscal year. Nothing shall preclude\nthe contracting of state-supported debt prior to October thirty-first of\neach year if, in the immediately preceding fiscal year, the total amount\nof interest, installments of principal, contributions to sinking funds,\nand related payments was less than the designated percentage of total\ngovernmental funds receipts. This shall include the total amount of\npayments on such debt issued on and after April first, two thousand, but\nshall not include payments in any fiscal year made by the state to\ndefease or retire debt not required by mandatory payments nor payments\nmade by the state for debt issued to refund debt that was issued prior\nto April first, two thousand. In addition, if state-supported debt is\nissued to refund or otherwise affect the refunding, retirement or\ndefeasance of state-supported debt originally issued on and after April\nfirst, two thousand, provided such refundings are conducted in\naccordance with section thirteen of article VII of the state\nconstitution, the calculation of the total amount of interest,\ninstallments of principal, contributions to sinking funds, and related\npayments shall include payments made on such refunding debt, and shall\nexclude the payments on the prior refunded debt, in each year until such\nrefunding debt is finally retired. Such designated percentage shall be\nseven and one-half-tenths of one percent for fiscal year two\nthousand--two thousand one, and shall increase by five-tenths of one\npercent in fiscal year two thousand one--two thousand two, by an\nadditional four-tenths of one percent in fiscal year two thousand\ntwo--two thousand three, and by an additional one-third of one percent\nin each of the ten subsequent fiscal years. The designated percentage\nfor fiscal year two thousand thirteen--two thousand fourteen and for\neach fiscal year thereafter shall be five percent.\n  3. No state-supported debt shall be contracted except to finance\ncapital works or purposes.\n  4. Notwithstanding any other provision of law to the contrary, no\nstate-supported debt shall be issued with a final maturity of more than\nthirty years.\n  5. The provisions of this section shall apply to debt issued pursuant\nto section nine of article VII of the state constitution only to the\nextent that such notes remain outstanding.\n