Bill Text: NY S05099 | 2009-2010 | General Assembly | Introduced

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Bill Title: Assists public employees in securing affordable housing in New York state; public employee homeownership assistance funds where programs are collectively bargained with employers; promulgate rules and regulations providing public employees with a preference in programs they administer for which state appropriations are received.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05099 Detail]

Download: New_York-2009-S05099-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5099
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to amend the civil service law, the private housing  finance  law
         and the public authorities law, in relation to public employee housing
         and promulgating rules and regulations for programs administered where
         state appropriations are received
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil service law is amended by adding  a  new  section
    2  159-d to read as follows:
    3    S  159-D.  PUBLIC EMPLOYEE HOMEOWNERSHIP ASSISTANCE FUND. 1.  NOTWITH-
    4  STANDING ANY OTHER LAW, RULE OR REGULATION TO  THE  CONTRARY,  WHERE  AN
    5  AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGANIZATION ENTERED
    6  INTO  PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER SO PROVIDES, A PUBLIC
    7  EMPLOYER MAY ESTABLISH A PUBLIC EMPLOYEE HOMEOWNERSHIP  ASSISTANCE  FUND
    8  TO  PROVIDE  EMPLOYEES IN A POSITION REPRESENTED BY SUCH EMPLOYEE ORGAN-
    9  IZATION WITH FINANCIAL ASSISTANCE IN THE PURCHASE OF  A  HOME  INCLUDING
   10  BUT  NOT  LIMITED  TO  DOWN  PAYMENT ASSISTANCE. TERMS AND CONDITIONS OF
   11  BENEFITS PROVIDED THROUGH THIS FUND SHALL BE  ADMINISTERED  PURSUANT  TO
   12  THE  AGREEMENT.  THE PUBLIC EMPLOYEE HOMEOWNERSHIP ASSISTANCE FUND SHALL
   13  BE FUNDED AT A LEVEL AND FOR THE PERIOD OF TIME AS  DETERMINED  BY  SUCH
   14  AGREEMENT  AND  ANY INTEREST OR OTHER EARNINGS ATTRIBUTABLE TO THE MONEY
   15  HELD IN SUCH FUND SHALL BE UTILIZED WITH SUCH MONEY FOR THE PURPOSE  SET
   16  FORTH IN THIS SECTION.
   17    2. FOR THE PURPOSES OF THIS SECTION THE TERM:
   18    (A)  "PUBLIC  EMPLOYER"  SHALL  MEAN (I) THE STATE OF NEW YORK, (II) A
   19  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR  CIVIL
   20  DIVISION OF THE STATE, (III) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTI-
   21  TY  OPERATING  A  PUBLIC  SCHOOL,  COLLEGE  OR UNIVERSITY, (IV) A PUBLIC
   22  IMPROVEMENT OR SPECIAL DISTRICT, (V) A PUBLIC AUTHORITY,  COMMISSION  OR
   23  PUBLIC  BENEFIT CORPORATION, OR (VI) ANY OTHER PUBLIC CORPORATION, AGEN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10586-01-9
       S. 5099                             2
    1  CY, INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH  EXERCISES  GOVERNMENTAL
    2  POWER UNDER THE LAWS OF THE STATE.
    3    (B)  "EMPLOYEE  ORGANIZATION"  MEANS  AN ORGANIZATION WHICH REPRESENTS
    4  EMPLOYEES OF THE PUBLIC EMPLOYER PURSUANT TO ARTICLE  FOURTEEN  OF  THIS
    5  CHAPTER.
    6    S  2.  Section  44  of  the  private housing finance law is amended by
    7  adding a new subdivision 32 to read as follows:
    8    32. TO PROMULGATE RULES AND REGULATIONS FOR EACH PROGRAM  IT  ADMINIS-
    9  TERS AND FOR WHICH STATE APPROPRIATIONS ARE RECEIVED, PROVIDING WHEREVER
   10  PRACTICABLE A PREFERENCE FOR PUBLIC EMPLOYEES NOT TO EXCEED FIVE PERCENT
   11  OF  TOTAL  PROGRAM  PARTICIPATION.  FOR  THE  PURPOSES OF THIS SECTION A
   12  PUBLIC EMPLOYEE SHALL MEAN ANY PERSON HOLDING A POSITION BY  APPOINTMENT
   13  OR EMPLOYMENT IN THE SERVICE OF (1) THE STATE OF NEW YORK, (2) A COUNTY,
   14  CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION
   15  OF THE STATE, (3) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING
   16  A  PUBLIC  SCHOOL,  COLLEGE  OR  UNIVERSITY, (4) A PUBLIC IMPROVEMENT OR
   17  SPECIAL DISTRICT, (5) A PUBLIC AUTHORITY, COMMISSION OR  PUBLIC  BENEFIT
   18  CORPORATION, OR (6) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
   19  TY  OR  UNIT  OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
   20  LAWS OF THE STATE.  IN ORDER TO BE ELIGIBLE, A PUBLIC EMPLOYEE  MUST  BE
   21  OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
   22  ERENCE  IS  GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
   23  LIMITATIONS.
   24    S 3. Subdivision 12 of section 45-a of  the  private  housing  finance
   25  law, as amended by chapter 261 of the laws of 1988, is amended and a new
   26  subdivision 13 is added to read as follows:
   27    [10.]  12.  Notwithstanding  the  provisions  of  article one-A of the
   28  public authorities law, contracts entered into by the corporation pursu-
   29  ant to articles eighteen and eighteen-A of this  chapter  shall  not  be
   30  subject  to  the  provisions  of article one-A of the public authorities
   31  law.
   32    13.  THE CORPORATION IS HEREBY AUTHORIZED AND DIRECTED  TO  PROMULGATE
   33  RULES  AND  REGULATIONS  FOR  EACH  PROGRAM IT ADMINISTERS AND FOR WHICH
   34  STATE APPROPRIATIONS ARE  RECEIVED,  PROVIDING  WHEREVER  PRACTICABLE  A
   35  PREFERENCE  FOR  PUBLIC  EMPLOYEES  NOT  TO EXCEED FIVE PERCENT OF TOTAL
   36  PROGRAM PARTICIPATION. FOR THE  PURPOSES    OF  THIS  SECTION  A  PUBLIC
   37  EMPLOYEE  SHALL  MEAN  ANY  PERSON  HOLDING A POSITION BY APPOINTMENT OR
   38  EMPLOYMENT IN THE SERVICE OF (A) THE STATE OF NEW YORK,  (B)  A  COUNTY,
   39  CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION
   40  OF THE STATE, (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING
   41  A  PUBLIC  SCHOOL,  COLLEGE  OR  UNIVERSITY, (D) A PUBLIC IMPROVEMENT OR
   42  SPECIAL DISTRICT, (E) A PUBLIC AUTHORITY, COMMISSION OR  PUBLIC  BENEFIT
   43  CORPORATION, OR (F) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
   44  TY  OR  UNIT  OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
   45  LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC  EMPLOYEE  MUST  BE
   46  OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
   47  ERENCE  IS  GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
   48  LIMITATIONS.
   49    S 4. Section 45-b of the private housing finance  law  is  amended  by
   50  adding a new subdivision 11 to read as follows:
   51    11.  THE  CORPORATION  IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
   52  RULES AND REGULATIONS FOR EACH PROGRAM  IT  ADMINISTERS  AND  FOR  WHICH
   53  STATE  APPROPRIATIONS  ARE  RECEIVED,  PROVIDING  WHEREVER PRACTICABLE A
   54  PREFERENCE FOR PUBLIC EMPLOYEES NOT TO  EXCEED  FIVE  PERCENT  OF  TOTAL
   55  PROGRAM PARTICIPATION. FOR THE PURPOSES OF THIS SECTION A PUBLIC EMPLOY-
   56  EE SHALL MEAN ANY PERSON HOLDING A POSITION BY APPOINTMENT OR EMPLOYMENT
       S. 5099                             3
    1  IN  THE  SERVICE OF (A) THE STATE OF NEW YORK, (B) A COUNTY, CITY, TOWN,
    2  VILLAGE OR ANY OTHER POLITICAL SUBDIVISION  OR  CIVIL  DIVISION  OF  THE
    3  STATE,  (C)  A  SCHOOL  DISTRICT  OR ANY GOVERNMENTAL ENTITY OPERATING A
    4  PUBLIC  SCHOOL,  COLLEGE  OR  UNIVERSITY,  (D)  A  PUBLIC IMPROVEMENT OR
    5  SPECIAL DISTRICT, (E) A PUBLIC AUTHORITY, COMMISSION OR  PUBLIC  BENEFIT
    6  CORPORATION, OR (F) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
    7  TY  OR  UNIT  OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
    8  LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC  EMPLOYEE  MUST  BE
    9  OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
   10  ERENCE  IS  GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
   11  LIMITATIONS.
   12    S 5. Section 2404 of the public authorities law is amended by adding a
   13  new subdivision 31 to read as follows:
   14    (31) TO PROMULGATE RULES AND REGULATIONS FOR EACH PROGRAM IT  ADMINIS-
   15  TERS AND FOR WHICH STATE APPROPRIATIONS ARE RECEIVED, PROVIDING WHEREVER
   16  PRACTICABLE A PREFERENCE FOR PUBLIC EMPLOYEES NOT TO EXCEED FIVE PERCENT
   17  OF  TOTAL  PROGRAM  PARTICIPATION.  FOR  THE  PURPOSES OF THIS SECTION A
   18  PUBLIC EMPLOYEE SHALL MEAN ANY PERSON HOLDING A POSITION BY  APPOINTMENT
   19  OR EMPLOYMENT IN THE SERVICE OF (A) THE STATE OF NEW YORK, (B) A COUNTY,
   20  CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION
   21  OF THE STATE, (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING
   22  A  PUBLIC  SCHOOL,  COLLEGE  OR  UNIVERSITY, (D) A PUBLIC IMPROVEMENT OR
   23  SPECIAL DISTRICT, (E) A PUBLIC AUTHORITY, COMMISSION OR  PUBLIC  BENEFIT
   24  CORPORATION, OR (F) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
   25  TY  OR  UNIT  OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
   26  LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC  EMPLOYEE  MUST  BE
   27  OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
   28  ERENCE  IS  GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
   29  LIMITATIONS.
   30    S 6.  This act shall take effect on  the  one  hundred  eightieth  day
   31  after  it  shall  have become a law; provided that any and all rules and
   32  regulations necessary to implement the provisions of  this  act  on  its
   33  effective  date are authorized and directed to be completed on or before
   34  such effective date.