2023 New York Laws › HAY - Highway › Article 10 - Finances › 280 - Additional Amount of State Aid.

§  280.  Additional amount of state aid. (a) In any year for which any
town has failed to raise any tax  for  the  repair  and  improvement  of
highways outside of cities and villages and by reason of such failure is
not  entitled  to  any  amount  of state aid in such year as provided in
section two hundred seventy-nine of this chapter,  an  election  may  be
made  by  such  town  at  any  time  prior to July first of such year to
provide an amount which, if it had been raised by tax at the time and as
provided in section two hundred seventy-nine of this chapter, would have
entitled the town to state aid under such section.
(b) In any year for which any town has failed to raise a tax  for  the
repair  and  improvement  of  highways  outside  of  cities and villages
sufficient to obtain the maximum amount of state aid  in  such  year  as
provided  in  subdivision  one or subdivision two of section two hundred
seventy-nine of this chapter, an election may be made by  such  town  at
any  time  prior to July first, of such year to provide an amount which,
if it had been raised by tax at the time and as provided in section  two
hundred  seventy-nine  of  this chapter, would have entitled the town to
the maximum amount of state aid provided in either  subdivision  one  or
subdivision two of such section.
(c)  Any  such  amount as a town may elect to provide under paragraphs
(a) or (b) of this section may  be  made  available  from  surplus  town
moneys  not  otherwise  committed  or  appropriated,  or from unexpended
balances of appropriations made for the support of the government of the
town, or from both of such sources, or by the issuance of  budget  notes
pursuant  to  the  provisions  of the local finance law. Any such budget
notes must be issued prior to July first, of  such  year.  In  the  next
estimate  required  pursuant  to  subdivision one of section one hundred
forty-one of this chapter there shall be included an amount, in addition
to the amount which would otherwise be required under such  subdivision,
sufficient  to  reimburse  the  town  for  any  moneys made available as
aforesaid from surplus funds or unexpended balances, or both, or for the
payment of the principal of and interest on any such budget notes, and a
tax shall be assessed, levied and collected to raise  such  amount  upon
the  same  property as other amounts are required to be assessed, levied
and collected for the purpose of raising moneys required  to  be  raised
for  the purposes of subdivision one of section one hundred forty-one of
this chapter. Additional amounts so raised by  any  town  shall  not  be
included  as  any part of the basis of apportionment of state aid in the
following year pursuant to section  two  hundred  seventy-nine  of  this
chapter.
(d)  When  any town has provided an amount authorized by this section,
the supervisor of such town shall certify to the state  comptroller  (1)
the subdivision of said section two hundred seventy-nine under which the
town  elects  to  receive  state aid, (2) the actual amount of taxes, if
any, raised for the repair and improvement of highways outside of cities
and villages for such year, (3) the rate of such tax, if  any,  and  (4)
the  amount  of  additional  moneys provided pursuant to this section in
order to qualify for state aid as in this section provided.
(e) In each year there shall be paid by the state to  such  towns  the
sums  which  would have been payable if the amounts herein authorized to
be made available had in fact been raised by taxes levied for such year.
Such moneys shall be paid from funds appropriated by the state  for  the
purposes  of  section two hundred seventy-nine of this chapter and shall
be distributed in the same manner as provided in such section.