Skip to Content


HOUSE DOCKET, NO. 3930         FILED ON: 10/31/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3773

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Stephen Kulik and Karen E. Spilka

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relating to the issuance of temporary notes by cities, towns and districts.

_______________

PETITION OF:

 

Name:

District/Address:

Stephen Kulik

1st Franklin

Karen E. Spilka

Second Middlesex and Norfolk

David Paul Linsky

5th Middlesex

Cory Atkins

14th Middlesex

Paul McMurtry

11th Norfolk

Anne M. Gobi

5th Worcester

Chris Walsh

6th Middlesex

John W. Scibak

2nd Hampshire

James M. Cantwell

4th Plymouth

Jason Lewis

 

Gailanne M. Cariddi

1st Berkshire

Angelo J. Puppolo, Jr.

12th Hampden

Jennifer E. Benson

37th Middlesex

Lori A. Ehrlich

8th Essex

James B. Eldridge

Middlesex and Worcester

Josh S. Cutler

6th Plymouth

Peter V. Kocot

1st Hampshire

Aaron Vega

5th Hampden

Michael J. Finn

6th Hampden

James R. Miceli

19th Middlesex

Michael Barrett

Third Middlesex

Claire D. Cronin

11th Plymouth

Michael O. Moore

Second Worcester

Denise C. Garlick

13th Norfolk

Peter J. Durant

6th Worcester

Brian M. Ashe

2nd Hampden


HOUSE DOCKET, NO. 3930        FILED ON: 10/31/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3773

By Representative Kulik of Worthington and Senator Spilka, a joint petition (subject to Joint Rule 12) of Stephen Kulik, Karen E. Spilka and others relative to borrowing by municipalities.  Municipalities and Regional Government. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relating to the issuance of temporary notes by cities, towns and districts.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Section 17 of chapter 44 of the General Laws as appearing in the 2012 Official Edition is hereby amended in its entirety to provide as follows:-

              Section 17 .11 a city, town or district votes to issue bonds, notes or certificates of Indebtedness in accordance with law, the officers authorized to issue the same may, in the name of such city, town or district, make a temporary loan for a period of not more than two years in anticipation of the money to be derived from the sale of such bonds, notes or certificates, and may issue notes therefor. A city, town or district may refund, by the issue of other notes, a temporary loan issued under the authority of the first sentence; provided, however, that the period from the date of issue of the original loan to the date of maturity of the refunding loan shall not exceed two years, unless such temporary loan is paid in part from revenue funds of the city, town or district as hereinafter provided for, in which case the period from the date of issue of the original loan to the date of maturity of the refunding loan shall not exceed ten years. A temporary loan refunded under this section shall be paid in part from revenue funds of the city, town or district at or before the maturity date of any such refunding loan that is issued to mature more than two years, but not more than three years, from the date of issue of the original loan. A like payment from revenue funds shall be made at or before the maturity date of any such refunding loan that is issued to mature: more than three years, but not more than four years; more than four years but not more than five years; more than five years, but not more than six years; more than six years, but not more than seven years; more than seven years, but not more than eight years; more than eight years, but not more than nine years, from the date of issue of the original loan, and again at or before the maturity date of any such refunding loan that is issued to mature more than nine years from the date of issue of the original loan. Each such payment from revenue funds shall be at least equal to the minimum annual payment which would have been required if such temporary loan had been converted to a serial loan prior to its first refunding that required a payment from revenue funds under this section, and the authorized amount of the serial loan shall be reduced by the aggregate amount of all such payments. Each payment made by a city, Town or district as provided in the preceding sentence shall be reported by the auditor or Accountant of the city or town or other officer having similar duties, or by the treasurer if there be no such officer, to the assessors, who shall include the amount so reported in the determination of the next annual tax rate, unless the city, town or district has otherwise made provision therefor. The amount of a payment from revenue funds made by a regional school district or regional refuse disposal district as provided herein shall be included in the next annual district operating and maintenance budget, unless the regional district committee has otherwise made provision therefor. The time within which a serial loan shall be due and payable shall not be extended by reason of the making of a temporary loan hereunder beyond the time fixed by law. If a balance remains in the proceeds of a temporary loan issued in anticipation of a serial loan at the time when the serial loan is issued, said balance may be applied to the payment of such temporary loan.

              Notes issued under sections four, six and six A for a shorter period than is permitted by said sections may be refunded by the issue of other notes within the required period; provided, however, that the period from the date of issue of the original loan to the date of maturity of the refunding loan shall be not more than the statutory authorization; and provided, further, that no notes shall be refunded under this section except under authority of such vote, if any, as is required for the original borrowing.

              SECTION 2. This act shall take effect upon its passage.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error