Section 2432. Definitions  


Latest version.
  • As used in this title, the following words and
      terms shall  have  the  following  meanings  unless  the  context  shall
      indicate another or different meaning or intent:
        (1)  "Agency".  The  state of New York municipal bond bank agency, the
      corporate governmental agency  created  by  section  two  thousand  four
      hundred thirty-three of this title.
        (2)  "Bonds"  and  "Notes". The bonds and notes, including any special
      program bonds and special school purpose bonds, respectively  issued  by
      the agency pursuant to this title. Bonds and notes shall not include any
      tax lien collateralized securities issued pursuant to this title.
        (3)  "Municipal Bond". A bond or note or evidence of debt payable from
      any local revenues, including taxes,  assessments  and  rents,  which  a
      municipality may lawfully issue to finance local improvements and public
      purposes  but  does not include (a) any bond or note or evidence of debt
      issued by any other state or any public body  or  municipal  corporation
      thereof,  (b)  any  special program agreement, or (c) any special school
      purpose agreement or any special school deficit program agreement.
        4. "Municipality." Any public corporation enumerated  in  subdivisions
      one,  two,  two-a, two-b, and three of section 2.00 of the local finance
      law.
        (5) "State Aid". All payments and contributions made by the  state  to
      and  in  aid  of  a  municipality  as may be provided by law, other than
      payments  of  state  contributions  for  old  age   assistance,   family
      assistance, aid to the blind, aid to the disabled, safety net assistance
      and local social services administration costs.
        (5-a)  "School  aid".  Any  apportionment  of public money made by the
      state to or for the benefit (i) of a city school district located within
      a special program municipality, or (ii) a special school deficit program
      district, as provided for by article seventy-three of the education law;
      provided that, with respect to any provisions of this title relating  to
      special  school purpose bonds and special school purpose agreements, the
      term  school  aid  shall  have  the  meaning  set   forth   in   section
      ninety-two-aa of the state finance law.
        (5-b)  "School  Aid  Revenues".  School  aid  paid  or  payable by the
      comptroller to the agency pursuant to section ninety-two-aa of the state
      finance law.
        (5-c) "Special School Purpose School Aid  Revenues".  The  balance  of
      school  aid  that does not constitute school aid revenues and that is to
      be  transferred  by  the  comptroller  to  a  special   school   purpose
      municipality pursuant to section ninety-two-aa of the state finance law.
        (6) "Comptroller". The comptroller of the state of New York.
        (7) "State". The state of New York.
        (8)  "State Agency". Any office, department, board, commission bureau,
      division, public benefit corporation, agency or instrumentality  of  the
      state.
        (9)  "Amortized Value". When used with respect to securities purchased
      at a premium above or a discount below par, the value as  of  any  given
      date obtained by dividing the total amount of the premium or discount at
      which  such securities were purchased by the number of days remaining to
      maturity on such  securities  at  the  time  of  such  purchase  and  by
      multiplying the amount so calculated by the number of days having passed
      since  the  date  of  such  purchase;  and (a) in the case of securities
      purchased at a premium, by deducting the product thus obtained from  the
      purchase  price,  and  (b)  in  the  case  of  securities purchased at a
      discount, by adding the product thus obtained to the purchase price.
        (10) "Debt Service Reserve Fund Requirement". With respect to any debt
      service reserve fund  created  by  section  two  thousand  four  hundred
      thirty-nine  of  this title relating to bonds other than special program
    
      bonds or special school purpose bonds or special school deficit  program
      bonds,  as  of  any  particular  date of computation, an amount of money
      equal to the greatest of the respective amounts, for the then current or
      any  succeeding  calendar year, of annual debt service payments required
      to be made to the agency on  all  municipal  bonds  purchased  with  the
      proceeds  of  bonds which bonds are secured by such debt service reserve
      fund, such annual debt service payments for any calendar year  being  an
      amount  of  money  equal  to  the  aggregate of (a) all interest payable
      during such calendar year on all municipal bonds purchased by the agency
      and then outstanding on said date of computation which  are  secured  by
      such  debt  service  reserve  fund, plus (b) the principal amount of all
      municipal bonds purchased by the agency and  then  outstanding  on  said
      date  of  computation  which  mature  during  such calendar year and are
      secured by such debt service reserve fund; and with respect to any  debt
      service  reserve  fund  created  by  section  two  thousand four hundred
      thirty-nine of this title relating to an  issue  or  issues  of  special
      program  bonds or special school purpose bonds or special school deficit
      program bonds, such amount as shall be determined by the agency.
        (11) "Sinking Fund Payments". The  amount  of  money  specified  in  a
      resolution authorizing term bonds as payable into a sinking fund for the
      amortization of such term bonds.
        (12)  "Special  Program Municipality". Any city having a population of
      less than one million but more than three hundred  fifty  thousand;  and
      any city having a population of less than two hundred fifty thousand but
      more  than  two  hundred  thousand,  determined according to the federal
      decennial census of  nineteen  hundred  eighty.  Such  term  shall  also
      include  the  city  of  Syracuse  solely  for the purpose of the city of
      Syracuse and the board of education of the city school district  of  the
      city of Syracuse cooperative school reconstruction act.
        (13)  "Special Program Bonds". An issue of bonds of the agency, all or
      a portion of the proceeds of which  are  made  available  to  a  special
      program  municipality in connection with the execution by the agency and
      such special program municipality of a special program agreement.
        (14) "Special Program Agreement". An agreement between the agency  and
      a  special  program  municipality  entered  into pursuant to section two
      thousand four hundred thirty-five-a of this title.
        (15) "Tax Lien". An interest  in  or  encumbrance  on  real  property,
      whether or not evidenced by a written instrument, arising from an unpaid
      tax, special ad valorem levy, special assessment or other charge imposed
      upon real property by or on behalf of a municipal corporation or special
      district.  The  amount  represented  by  a  tax  lien  shall include all
      interest, penalties, charges and surcharges imposed pursuant to law.
        (16) "Tax Lien Entity". A trust, limited liability  company  or  other
      special  purpose  entity or entities created by or at the request of the
      agency for the purpose of purchasing tax liens from  municipalities  and
      issuing  tax lien collateralized securities or in connection with such a
      purchase or issuance.
        (17) "Tax Lien Collateralized Securities". Bonds, notes,  certificates
      of  participation  or  other obligations issued by the agency or its tax
      lien entity the repayment of which are secured only by tax liens and any
      other funds pledged for the repayment of such securities.
        (18) "Purchase and Sale Agreement". An agreement between the agency or
      its tax lien entity and a municipality entered into pursuant to  section
      twenty-four hundred thirty-five-b of this title.
        (19)  "Special  School  Purpose  Municipality".  For  purposes of this
      title, a special school purpose municipality shall be (a)  each  of  the
      cities  of  New  York,  Buffalo,  Yonkers, Rochester, or Syracuse in the
      state of New York, or (b) any school district in the state of  New  York
    
      which  has  prior  year  claims  due  and  payable  pursuant  to section
      thirty-six hundred four of the education law as of  May  fifteenth,  two
      thousand  two  which  exceeds  one  million  dollars,  or (c) any school
      district in the state of New York other than a city school district in a
      city  having  a population of one million or more which has a prior year
      claim due and payable pursuant to section thirty-six hundred four of the
      education law as of February fifteenth, two thousand six  which  exceeds
      thirty million dollars.
        (20)  "Special School Purpose Bonds". An issue of bonds of the agency,
      all or a portion of the proceeds  of  which  are  made  available  to  a
      special  school purpose municipality in connection with the execution by
      the agency and such special school purpose  municipality  of  a  special
      school  purpose  agreement.  The proceeds of such special school purpose
      bonds  shall  only  be  made  available  to  a  special  school  purpose
      municipality  if  (i) the interest payable on the special school purpose
      bonds of such special school purpose municipality qualify for  exclusion
      from  gross  income  for  federal  income  tax  purposes pursuant to the
      Internal Revenue Code of 1986, as amended, and (ii) under the principles
      relating to such exclusion, such special school  purpose  bonds  may  be
      issued with a final maturity of not less than ten years.
        (21)  "Special  School  Purpose  Agreement".  An agreement between the
      agency and a special school purpose municipality entered  into  pursuant
      to section two thousand four hundred thirty-five-d of this title.
        (22)  "Special  School  Deficit  Program  District". The enlarged city
      school district of the city of Troy in  the  state  of  New  York  is  a
      special  school  deficit  program  district  for  the  purposes  of this
      chapter.
        (23) "Special School Deficit Program Bonds". An issue of bonds of  the
      agency,  all or a portion of the proceeds of which are made available to
      a special  school  deficit  program  district  in  connection  with  the
      execution by the agency and such special school deficit program district
      of a special school deficit program agreement.
        (24)  "Special School Deficit Program Agreement". An agreement between
      the agency and a special school deficit program  district  entered  into
      pursuant  to  section  two  thousand  four hundred thirty-five-e of this
      title.