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
                               ___________

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.