S T A T E O F N E W Y O R K
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8079--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
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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:
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
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
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:
In order to effectuate the purposes of this title, the following
provisions shall apply to powers in connection with the provision of
A. 8079--A 3
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.