Bill Text: NY A08079 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts the "community college region capital financing act of 2010".
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2010-09-17 - signed chap.492 [A08079 Detail]
Download: New_York-2009-A08079-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8079--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. PARMENT, BACALLES, GIGLIO, O'MARA -- read once
and referred to the Committee on Higher Education -- recommitted to
the Committee on Higher Education in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, the public authorities law, chapter
297 of the laws of 1985 authorizing the transfer of sponsorship of
Corning community college from the city school district of the city of
Corning to a community college region, and chapter 144 of the laws of
1996 amending the education law relating to the establishment of a
community college region to sponsor Jamestown community college and
authorizing the transfer of sponsorship of Jamestown community college
from the city of Jamestown to a community college region, in relation
to capital financings of community college regions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "community college region capital financing act of 2010".
3 S 2. Paragraph c of subdivision 1 of section 6304 of the education
4 law is amended by adding a new undesignated paragraph to read as
5 follows:
6 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE CASE OF
7 COMMUNITY COLLEGE REGIONS, A COMMUNITY COLLEGE REGIONAL BOARD OF TRUS-
8 TEES AS FINANCE BOARD OF THE REGION MAY AUTHORIZE THE ISSUANCE OF BONDS,
9 NOTES OR OTHER EVIDENCE OF INDEBTEDNESS OR THE EFFECTUATION OF A FINANC-
10 ING TRANSACTION BY THE COMMUNITY COLLEGE REGION WITH THE DORMITORY
11 AUTHORITY PURSUANT TO THE PROVISIONS OF ARTICLE EIGHT OF TITLE FOUR OF
12 THE PUBLIC AUTHORITIES LAW TO PROVIDE ALL OR ANY PORTION OF SUCH COSTS
13 FOR WHICH A PERIOD OF POSSIBLE USEFULNESS HAS BEEN ESTABLISHED IN THE
14 LOCAL FINANCE LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
15 COMMUNITY COLLEGE REGION SHALL ITSELF HAVE THE POWER TO BORROW MONEY FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11049-02-0
A. 8079--A 2
1 SPECIFIC OBJECTS OR PURPOSES OR A CLASS OR CLASSES OF OBJECTS OR
2 PURPOSES DESCRIBED IN SECTION 11.00 OF THE LOCAL FINANCE LAW BY
3 ADOPTION, BY TWO-THIRDS OF THE VOTING STRENGTH OF THE REGIONAL BOARD OF
4 TRUSTEES THEREOF, OF A BOND RESOLUTION AS DESCRIBED IN SECTION 32.00 OF
5 THE LOCAL FINANCE LAW AND SHALL INCLUDE THE RECITATION DESCRIBED IN
6 SECTION 80.00 OF THE LOCAL FINANCE LAW. SAID BOND RESOLUTION SHALL
7 INCLUDE THE POWER TO ENTER INTO FINANCING TRANSACTIONS WITH THE DORMITO-
8 RY AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF TITLE
9 FOUR OF THE PUBLIC AUTHORITIES LAW. UPON ADOPTION AND RECEIPT OF THE
10 APPROVALS DESCRIBED IN SUBDIVISION TEN OF SECTION SIXTY-THREE HUNDRED
11 TEN OF THIS ARTICLE, THE COMMUNITY COLLEGE REGION SHALL PUBLISH A LEGAL
12 NOTICE OF ESTOPPEL AS DESCRIBED IN SECTION 81.00 OF THE LOCAL FINANCE
13 LAW, WHICH SHALL BE APPLICABLE TO SAID BOND RESOLUTION. A COMMUNITY
14 COLLEGE REGION IS HEREBY AUTHORIZED TO PLEDGE ANY REVENUES OR OTHER
15 MONIES TO THE PAYMENT OF ANY OBLIGATIONS ISSUED, OR ANY FINANCING AGREE-
16 MENT ENTERED INTO WITH THE DORMITORY AUTHORITY.
17 S 3. Subdivision 8 of section 6304 of the education law is amended by
18 adding a new paragraph c to read as follows:
19 C. FOR PURPOSES OF THIS SUBDIVISION, THE REFERENCE TO THE LOCAL SPON-
20 SOR OF A COMMUNITY COLLEGE MAY BE DEEMED, IN THE CASE OF A COMMUNITY
21 COLLEGE REGION, TO ALTERNATIVELY REFER TO THE COMMUNITY COLLEGE REGIONAL
22 BOARD OF TRUSTEES THEREOF.
23 S 4. Subdivision 10 of section 6304 of the education law is amended by
24 adding a new paragraph c to read as follows:
25 C. A COMMUNITY COLLEGE REGION SHALL HAVE FULL POWER AND AUTHORITY TO
26 FINANCE ALL OR A PORTION OF THE CAPITAL COSTS OF A REGIONAL COMMUNITY
27 COLLEGE FACILITY PURSUANT TO THE PROVISIONS OF ARTICLE EIGHT OF TITLE
28 FOUR OF THE PUBLIC AUTHORITIES LAW AND TO EXPEND THE PROCEEDS THEREFROM
29 TO PAY SUCH COSTS.
30 S 5. Section 6310 of the education law is amended by adding a new
31 subdivision 17 to read as follows:
32 17. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A
33 COMMUNITY COLLEGE REGIONAL BOARD OF TRUSTEES OF A COMMUNITY COLLEGE
34 REGION SHALL BE THE LOCAL SPONSOR OF SUCH COMMUNITY COLLEGE FOR THE
35 PURPOSES OF ENTERING INTO AGREEMENTS WITH THE DORMITORY AUTHORITY OF THE
36 STATE OF NEW YORK ON BEHALF OF THE COMMUNITY COLLEGE PURSUANT TO SUBDI-
37 VISIONS NINE, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN AND SIXTEEN OF
38 SECTION SIXTEEN HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW AND SHALL
39 HAVE FULL AUTHORITY TO PERFORM, ON BEHALF OF SUCH COMMUNITY COLLEGE, ALL
40 OBLIGATIONS OF THE COLLEGE UNDER ITS AGREEMENTS WITH THE DORMITORY
41 AUTHORITY.
42 S 6. The undesignated paragraph of subdivision 1 of section 1680 of
43 the public authorities law, as separately amended by chapters 165, 538,
44 624 and 625 of the laws of 1978, is amended to read as follows:
45 A local sponsor as defined by subdivision three of section sixty-three
46 hundred one of the education law, OR AS DEFINED BY SUBDIVISION FOUR OF
47 SECTION SIXTY-THREE HUNDRED ONE OF THE EDUCATION LAW WITH RESPECT TO A
48 COMMUNITY COLLEGE REGION, A COMMUNITY COLLEGE REGIONAL BOARD OF TRUS-
49 TEES, or, with respect to locally sponsored community colleges in the
50 city of New York, the city of New York or the board of education, as the
51 case may be.
52 S 7. The opening paragraph of subdivision 15 of section 1680 of the
53 public authorities law, as amended by chapter 332 of the laws of 1975,
54 is amended to read as follows:
55 In order to effectuate the purposes of this title, the following
56 provisions shall apply to powers in connection with the provision of
A. 8079--A 3
1 facilities for locally sponsored community colleges except a facility
2 for a locally sponsored community college in the city of New York OR A
3 FACILITY FOR A COMMUNITY COLLEGE SPONSORED BY A COMMUNITY COLLEGE
4 REGION:
5 S 8. Section 4 of chapter 297 of the laws of 1985 authorizing the
6 transfer of sponsorship of Corning community college from the city
7 school district of the city of Corning to a community college region, is
8 amended by adding a new undesignated paragraph to read as follows:
9 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMUNITY COLLEGE
10 REGION SHALL HAVE THE POWER TO BORROW MONEY FOR SPECIFIC OBJECTS OR
11 PURPOSES OR A CLASS OR CLASSES OF OBJECTS OR PURPOSES DESCRIBED IN
12 SECTION 11.00 OF THE LOCAL FINANCE LAW BY ADOPTION, BY TWO-THIRDS OF THE
13 VOTING STRENGTH OF THE REGIONAL BOARD OF TRUSTEES THEREOF, OF A BOND
14 RESOLUTION AS DESCRIBED IN SECTION 32.00 OF THE LOCAL FINANCE LAW AND
15 SHALL INCLUDE THE RECITATION DESCRIBED IN SECTION 80.00 OF THE LOCAL
16 FINANCE LAW. SAID BOND RESOLUTION SHALL INCLUDE THE POWER TO ENTER INTO
17 FINANCING TRANSACTIONS WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
18 YORK IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF TITLE FOUR OF
19 THE PUBLIC AUTHORITIES LAW.
20 S 9. Section 6 of chapter 144 of the laws of 1996 amending the educa-
21 tion law relating to the establishment of a community college region to
22 sponsor Jamestown community college and authorizing the transfer of
23 sponsorship of Jamestown community college from the city of Jamestown to
24 a community college region, is amended by adding a new undesignated
25 paragraph to read as follows:
26 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMUNITY COLLEGE
27 REGION SHALL HAVE THE POWER TO BORROW MONEY FOR SPECIFIC OBJECTS OR
28 PURPOSES OR A CLASS OR CLASSES OF OBJECTS OR PURPOSES DESCRIBED IN
29 SECTION 11.00 OF THE LOCAL FINANCE LAW BY ADOPTION, BY TWO-THIRDS OF THE
30 VOTING STRENGTH OF THE REGIONAL BOARD OF TRUSTEES THEREOF, OF A BOND
31 RESOLUTION AS DESCRIBED IN SECTION 32.00 OF THE LOCAL FINANCE LAW AND
32 SHALL INCLUDE THE RECITATION DESCRIBED IN SECTION 80.00 OF THE LOCAL
33 FINANCE LAW. SAID BOND RESOLUTION SHALL INCLUDE THE POWER TO ENTER INTO
34 FINANCING TRANSACTIONS WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
35 YORK IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF TITLE FOUR OF
36 THE PUBLIC AUTHORITIES LAW.
37 S 10. Section 6310 of the education law is amended by adding a new
38 subdivision 10-a to read as follows:
39 10-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS
40 SECTION, UPON RECEIPT OF THE APPROVALS SET FORTH IN SUCH SUBDIVISION,
41 THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION MAY FINANCE A DULY
42 AUTHORIZED SPECIFIC OBJECT OR PURPOSE OR CLASS OF OBJECTS OR PURPOSES BY
43 THE ISSUANCE OF BONDS, NOTES OR OTHER EVIDENCE OF INDEBTEDNESS OR PURSU-
44 ANT TO A FINANCING TRANSACTION OF THE COMMUNITY COLLEGE REGION WITH THE
45 DORMITORY AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT
46 OF TITLE FOUR OF THE PUBLIC AUTHORITIES LAW.
47 S 11. If any clause, sentence, subdivision, paragraph, section or part
48 of this act be adjudged by any court of competent jurisdiction to be
49 invalid, such judgment shall not affect, impair or invalidate the
50 remainder thereof, but shall be confined in its operation to the clause,
51 sentence, subdivision, paragraph, section or part thereof directly
52 involved in the controversy in which such judgment shall have been
53 rendered.
54 S 12. This act shall take effect immediately.
