senate Bill S4075A

Enacts the "community college region capital financing act of 2010"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Apr / 2009
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 06 / Jan / 2010
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 20 / May / 2010
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 20 / May / 2010
    • PRINT NUMBER 4075A
  • 30 / Jun / 2010
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 30 / Jun / 2010
    • ORDERED TO THIRD READING CAL.1378
  • 30 / Jun / 2010
    • SUBSTITUTED BY A8079A

Summary

Enacts the "community college region capital financing act of 2010".

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Bill Details

See Assembly Version of this Bill:
A8079A
Versions:
S4075
S4075A
Legislative Cycle:
2009-2010
Law Section:
Education Law
Laws Affected:
Amd §1680, Pub Auth L; amd §§6304 & 6310, Ed L; amd §4, Chap 297 of 1985; amd §6, Chap 144 of 1996

Sponsor Memo

BILL NUMBER: S4075A

TITLE OF BILL :
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


PURPOSE :
The purpose of this legislation is to permit community college regions
to finance capital improvements through the facilities of the
Dormitory Authority of the State of New York.

SUMMARY OF PROVISIONS :
Section 1: Short title.

Section 2: Paragraph c of subdivision 1 of section 6304 of the
education law is amended by adding a new undesignated paragraph.

Section 3: Subdivision 8 of section 6304 of the education law is
amended by adding a new paragraph c.

Section 4: Subdivision 10 of section 6304 of the education law is
amended by adding a new paragraph c.

Section 5: Section 6310 of the education law is amended by adding a
new subdivision 17.

Section 6: The undesignated paragraph of subdivision 1 of section 1680
of the public authorities law is amended.

Section 7: The opening paragraph of subdivision 15 of section 1680 of
the public authorities law is amended.

Section 8: Section 4 of the chapter 297 of the laws of 1985
authorizing the transfer of sponsorship of Coming community college
from the city school district of the city of Coming to a community
college region, is amended by adding a new undesignated paragraph.

Section 9: Section 6 of Chapter 144 of laws of 1996 is amended by
adding a new undesignated paragraph.

Section 10: Section 6310 of the education law is amended by adding a
new subdivision 10-a.

Section 11: Effective Date.

JUSTIFICATION :
Each Community College in the State has the authority to have capital
improvements financed either directly by the issuance of debt by its
sponsoring municipality or by the sponsor entering into a financing
agreement with the Dormitory Authority of the State of New York.
Except for those community college which are sponsored by more than
one municipality, it is a single sponsoring municipality that must
take the necessary steps to arrange for a capital financing. Regional
community colleges, governed by a regional board of trustees, have
clear authority for financing of their capital projects by their
sponsoring municipalities through the issuance of the debt of multiple
parties-either proportionately by each of the sponsors or on a joint
or several basis. A community college region itself (as compared to
its multiple sponsors) presently does not have clear authority to
effectuate a financing with the Dormitory Authority of the State of
New York.

Although Section 1680(1) of the public authorities law list a "local
Sponsor" eligible of a community college as an "educational
institution" for Dormitory Authority financing, Section 6301(3) of the
education law reference therein defines "local sponsor" in an
ambiguous manner, leaving unclear whether only the sponsors of a
region jointly or the region itself acting through its board of
trustees are a party which may enter into financing arrangements with
the Dormitory Authority. The multiple sponsors mature of a community
college region make it much more difficult for a community college
region to do capital financings in order to upgrade facilities. This
complication has put community college regions at an unintended
disadvantage vis-a-vis all other community colleges in the state.

LEGISLATIVE HISTORY :
New Bill.

FISCAL IMPLICATIONS :
None.

LOCAL FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
Immediately.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4075--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 9, 2009
                               ___________

Introduced by Sens. WINNER, YOUNG -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- recommitted to the Committee on Corporations,
  Authorities  and  Commissions in accordance with Senate Rule 6, sec. 8
  -- 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "community college region capital financing act of 2010".
  S  2.    Paragraph c of subdivision 1 of section 6304 of the education
law is amended by  adding  a  new  undesignated  paragraph  to  read  as
follows:
  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IN THE CASE OF
COMMUNITY COLLEGE REGIONS, A COMMUNITY COLLEGE REGIONAL BOARD  OF  TRUS-
TEES AS FINANCE BOARD OF THE REGION MAY AUTHORIZE THE ISSUANCE OF BONDS,
NOTES OR OTHER EVIDENCE OF INDEBTEDNESS OR THE EFFECTUATION OF A FINANC-
ING  TRANSACTION  BY  THE  COMMUNITY  COLLEGE  REGION WITH THE DORMITORY
AUTHORITY PURSUANT TO THE PROVISIONS OF ARTICLE EIGHT OF TITLE  FOUR  OF
THE  PUBLIC  AUTHORITIES LAW TO PROVIDE ALL OR ANY PORTION OF SUCH COSTS
FOR WHICH A PERIOD OF POSSIBLE USEFULNESS HAS BEEN  ESTABLISHED  IN  THE
LOCAL  FINANCE  LAW.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11049-03-0

S. 4075--A                          2

COMMUNITY COLLEGE REGION SHALL ITSELF HAVE THE POWER TO BORROW MONEY FOR
SPECIFIC OBJECTS OR PURPOSES  OR  A  CLASS  OR  CLASSES  OF  OBJECTS  OR
PURPOSES  DESCRIBED  IN  SECTION  11.00  OF  THE  LOCAL  FINANCE  LAW BY
ADOPTION,  BY TWO-THIRDS OF THE VOTING STRENGTH OF THE REGIONAL BOARD OF
TRUSTEES THEREOF, OF A BOND RESOLUTION AS DESCRIBED IN SECTION 32.00  OF
THE  LOCAL  FINANCE  LAW  AND  SHALL INCLUDE THE RECITATION DESCRIBED IN
SECTION 80.00 OF THE LOCAL  FINANCE  LAW.  SAID  BOND  RESOLUTION  SHALL
INCLUDE THE POWER TO ENTER INTO FINANCING TRANSACTIONS WITH THE DORMITO-
RY AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF TITLE
FOUR  OF  THE  PUBLIC  AUTHORITIES LAW. UPON ADOPTION AND RECEIPT OF THE
APPROVALS DESCRIBED IN SUBDIVISION TEN OF  SECTION  SIXTY-THREE  HUNDRED
TEN  OF THIS ARTICLE, THE COMMUNITY COLLEGE REGION SHALL PUBLISH A LEGAL
NOTICE OF ESTOPPEL AS DESCRIBED IN SECTION 81.00 OF  THE  LOCAL  FINANCE
LAW,  WHICH  SHALL  BE  APPLICABLE TO SAID BOND RESOLUTION.  A COMMUNITY
COLLEGE REGION IS HEREBY AUTHORIZED TO  PLEDGE  ANY  REVENUES  OR  OTHER
MONIES TO THE PAYMENT OF ANY OBLIGATIONS ISSUED, OR ANY FINANCING AGREE-
MENT ENTERED INTO WITH THE DORMITORY AUTHORITY.
  S  3. Subdivision 8 of section 6304 of the education law is amended by
adding a new paragraph c to read as follows:
  C. FOR PURPOSES OF THIS SUBDIVISION, THE REFERENCE TO THE LOCAL  SPON-
SOR  OF  A  COMMUNITY  COLLEGE MAY BE DEEMED, IN THE CASE OF A COMMUNITY
COLLEGE REGION, TO ALTERNATIVELY REFER TO THE COMMUNITY COLLEGE REGIONAL
BOARD OF TRUSTEES THEREOF.
  S 4. Subdivision 10 of section 6304 of the education law is amended by
adding a new paragraph c to read as follows:
  C. A COMMUNITY COLLEGE REGION SHALL HAVE FULL POWER AND  AUTHORITY  TO
FINANCE  ALL  OR  A PORTION OF THE CAPITAL COSTS OF A REGIONAL COMMUNITY
COLLEGE FACILITY PURSUANT TO THE PROVISIONS OF ARTICLE  EIGHT  OF  TITLE
FOUR  OF THE PUBLIC AUTHORITIES LAW AND TO EXPEND THE PROCEEDS THEREFROM
TO PAY SUCH COSTS.
  S 5. Section 6310 of the education law is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  NOTWITHSTANDING  ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A
COMMUNITY COLLEGE REGIONAL BOARD OF  TRUSTEES  OF  A  COMMUNITY  COLLEGE
REGION  SHALL  BE  THE  LOCAL  SPONSOR OF SUCH COMMUNITY COLLEGE FOR THE
PURPOSES OF ENTERING INTO AGREEMENTS WITH THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK ON BEHALF OF THE COMMUNITY COLLEGE PURSUANT TO  SUBDI-
VISIONS  NINE,  TEN,  ELEVEN,  TWELVE, THIRTEEN, FOURTEEN AND SIXTEEN OF
SECTION SIXTEEN HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW  AND  SHALL
HAVE FULL AUTHORITY TO PERFORM, ON BEHALF OF SUCH COMMUNITY COLLEGE, ALL
OBLIGATIONS  OF  THE  COLLEGE  UNDER  ITS  AGREEMENTS WITH THE DORMITORY
AUTHORITY.
  S 6. The undesignated paragraph of subdivision 1 of  section  1680  of
the  public authorities law, as separately amended by chapters 165, 538,
624 and 625 of the laws of 1978, is amended to read as follows:
  A local sponsor as defined by subdivision three of section sixty-three
hundred one of the education law, OR AS DEFINED BY SUBDIVISION  FOUR  OF
SECTION  SIXTY-THREE  HUNDRED ONE OF THE EDUCATION LAW WITH RESPECT TO A
COMMUNITY COLLEGE REGION, A COMMUNITY COLLEGE REGIONAL  BOARD  OF  TRUS-
TEES,  or,  with  respect to locally sponsored community colleges in the
city of New York, the city of New York or the board of education, as the
case may be.
  S 7. The opening paragraph of subdivision 15 of section  1680  of  the
public  authorities  law, as amended by chapter 332 of the laws of 1975,
is amended to read as follows:

S. 4075--A                          3

  In order to effectuate the  purposes  of  this  title,  the  following
provisions  shall  apply  to  powers in connection with the provision of
facilities for locally sponsored community colleges  except  a  facility
for  a  locally sponsored community college in the city of New York OR A
FACILITY  FOR  A  COMMUNITY  COLLEGE  SPONSORED  BY  A COMMUNITY COLLEGE
REGION:
  S 8. Section 4 of 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, is
amended by adding a new undesignated paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE  COMMUNITY  COLLEGE
REGION  SHALL  HAVE  THE  POWER  TO BORROW MONEY FOR SPECIFIC OBJECTS OR
PURPOSES OR A CLASS OR CLASSES  OF  OBJECTS  OR  PURPOSES  DESCRIBED  IN
SECTION 11.00 OF THE LOCAL FINANCE LAW BY ADOPTION, BY TWO-THIRDS OF THE
VOTING  STRENGTH  OF  THE  REGIONAL BOARD OF TRUSTEES THEREOF, OF A BOND
RESOLUTION AS DESCRIBED IN SECTION 32.00 OF THE LOCAL  FINANCE  LAW  AND
SHALL  INCLUDE  THE  RECITATION  DESCRIBED IN SECTION 80.00 OF THE LOCAL
FINANCE LAW. SAID BOND RESOLUTION SHALL INCLUDE THE POWER TO ENTER  INTO
FINANCING  TRANSACTIONS WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF TITLE FOUR OF
THE PUBLIC AUTHORITIES LAW.
  S 9. Section 6 of chapter 144 of the laws of 1996 amending the  educa-
tion  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,  is  amended by adding a new undesignated
paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE  COMMUNITY  COLLEGE
REGION  SHALL  HAVE  THE  POWER  TO BORROW MONEY FOR SPECIFIC OBJECTS OR
PURPOSES OR A CLASS OR CLASSES  OF  OBJECTS  OR  PURPOSES  DESCRIBED  IN
SECTION 11.00 OF THE LOCAL FINANCE LAW BY ADOPTION, BY TWO-THIRDS OF THE
VOTING  STRENGTH  OF  THE  REGIONAL BOARD OF TRUSTEES THEREOF, OF A BOND
RESOLUTION AS DESCRIBED IN SECTION 32.00 OF THE LOCAL  FINANCE  LAW  AND
SHALL  INCLUDE  THE  RECITATION  DESCRIBED IN SECTION 80.00 OF THE LOCAL
FINANCE LAW. SAID BOND RESOLUTION SHALL INCLUDE THE POWER TO ENTER  INTO
FINANCING  TRANSACTIONS WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF TITLE FOUR OF
THE PUBLIC AUTHORITIES LAW.
  S 10. Section 6310 of the education law is amended  by  adding  a  new
subdivision 10-a to read as follows:
  10-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TEN  OF THIS
SECTION, UPON RECEIPT OF THE APPROVALS SET FORTH  IN  SUCH  SUBDIVISION,
THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION MAY FINANCE A DULY
AUTHORIZED SPECIFIC OBJECT OR PURPOSE OR CLASS OF OBJECTS OR PURPOSES BY
THE ISSUANCE OF BONDS, NOTES OR OTHER EVIDENCE OF INDEBTEDNESS OR PURSU-
ANT  TO A FINANCING TRANSACTION OF THE COMMUNITY COLLEGE REGION WITH THE
DORMITORY AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF  ARTICLE  EIGHT
OF TITLE FOUR OF THE PUBLIC AUTHORITIES LAW.
  S 11. If any clause, sentence, subdivision, paragraph, section or part
of  this  act  be  adjudged by any court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  subdivision,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 12. This act shall take effect immediately.

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