S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9470--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Corporations, Authorities and Commissions -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the public authorities law, in relation to  projects  at
  the New York state fair

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1680-k of the public authorities law is amended  by
adding a new subdivision 3 to read as follows:
  3.  (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRA-
RY, THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR
MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT  COSTS  FOR  CONSTRUCTION
PROJECTS  AT  THE  DIVISION  OF  THE STATE FAIR. THE AGGREGATE PRINCIPAL
AMOUNT OF BONDS AUTHORIZED TO BE ISSUED  PURSUANT  TO  THIS  SUBDIVISION
SHALL  NOT EXCEED TWENTY MILLION DOLLARS, EXCLUDING BONDS ISSUED TO FUND
ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH
BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS
OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE AUTHORITY  SHALL
NOT  BE  A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON,
NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED
BY THE STATE TO THE  AUTHORITY  FOR  PRINCIPAL,  INTEREST,  AND  RELATED
EXPENSES  PURSUANT  TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL
CONTAIN ON THE FACE THEREOF A  STATEMENT  TO  SUCH  EFFECT.  EXCEPT  FOR
PURPOSES  OF  COMPLYING  WITH  THE  INTERNAL  REVENUE CODE, ANY INTEREST
INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON
SUCH BONDS.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  IN
ORDER   TO   ASSIST  THE  AUTHORITY  IN  UNDERTAKING  THE  FINANCING  OF
CONSTRUCTION PROJECTS AT THE DIVISION OF THE STATE FAIR, THE DIRECTOR OF
THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
CONTRACTS WITH THE AUTHORITY, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN
DURATION,  UPON  SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15049-03-0

A. 9470--A                          2

AND THE AUTHORITY AGREE, SO AS TO ANNUALLY PROVIDE TO THE AUTHORITY,  IN
THE  AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED
EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED
INTO  PURSUANT  TO THIS SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE
STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT  OF
THE  STATE  WITHIN  THE  MEANING  OF  ANY  CONSTITUTIONAL  OR  STATUTORY
PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO  THE  EXTENT  OF  MONIES
AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND
THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO  ANNUAL  APPROPRIATION
BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE
THEREUNDER  MAY BE ASSIGNED AND PLEDGED BY THE AUTHORITY AS SECURITY FOR
ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  (C) PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF ANY PROJECT  FINANCED
PURSUANT  TO  THIS  SUBDIVISION,  THE  COMMISSIONER  OF  AGRICULTURE AND
MARKETS AND THE AUTHORITY SHALL ENTER INTO AN  AGREEMENT  PROVIDING  FOR
THE DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT
PROJECTS AT THE DIVISION OF THE STATE FAIR. SUCH AGREEMENT SHALL PROVIDE
FOR  THE  DORMITORY AUTHORITY TO (I) PROCURE SUCH ARCHITECTS, ENGINEERS,
CONSTRUCTION MANAGERS AND CONTRACTORS NECESSARY TO  DESIGN,  MANAGE  AND
CONSTRUCT THE PROJECT (INCLUDING THE PERFORMANCE OF SERVICES RELATING TO
PLANNING, DESIGN REVIEW, BUDGETING, CONSTRUCTION SCHEDULING, CONSTRUCTA-
BILITY  REVIEWS,  COORDINATION  OF  PRIME  CONTRACTORS, COST CONTROL AND
PROCESSING OF CHANGE ORDERS); AND (II) MONITOR,  SUPERVISE,  REVIEW  AND
COORDINATE  THE  SERVICES  OF  ALL  ARCHITECTS,  ENGINEERS, CONSTRUCTION
MANAGERS AND CONTRACTORS ENGAGED  PURSUANT  TO  SUCH  AGREEMENT  TO  THE
EXTENT THAT THE AUTHORITY DEEMS IT NECESSARY TO FULFILL ITS RESPONSIBIL-
ITIES  AS  AGENT  OR REPRESENTATIVE OF THE DEPARTMENT OF AGRICULTURE AND
MARKETS UNDER SUCH AGREEMENT. THE AGREEMENT  SHALL  CONTAIN  SUCH  OTHER
TERMS  AND  CONDITIONS AS MAY BE AGREED UPON BY THE COMMISSIONER AND THE
AUTHORITY.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9470--B

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Corporations, Authorities and Commissions -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the public authorities law, in relation to projects at
  the New York state fair

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1680-k of the public authorities law is amended by
adding a new subdivision 3 to read as follows:
  3. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE  CONTRA-
RY, THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR
MORE   SERIES   FOR  THE  PURPOSE  OF  FUNDING  PROJECT  COSTS  FOR  THE
CONSTRUCTION OF CULINARY AND HOSPITALITY  EDUCATION  FACILITIES  BY  THE
DIVISION  OF  THE  STATE  FAIR.  THE AGGREGATE PRINCIPAL AMOUNT OF BONDS
AUTHORIZED TO BE ISSUED PURSUANT TO THIS SUBDIVISION  SHALL  NOT  EXCEED
TWENTY  MILLION DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT
SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS
OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES  PREVI-
OUSLY  ISSUED. SUCH BONDS AND NOTES OF THE AUTHORITY SHALL NOT BE A DEBT
OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL  THEY
BE  PAYABLE  OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE
TO THE AUTHORITY FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES  PURSUANT
TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE
THEREOF  A  STATEMENT  TO  SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  BOND
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE  AUTHORITY  IN  UNDERTAKING  THE  FINANCING  OF  THE
CONSTRUCTION  OF  CULINARY  AND  HOSPITALITY EDUCATION FACILITIES BY THE
DIVISION OF THE STATE FAIR, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHOR-
IZED TO ENTER INTO ONE OR MORE SERVICE  CONTRACTS  WITH  THE  AUTHORITY,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15049-04-0

A. 9470--B                          2

NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND
CONDITIONS  AS THE DIRECTOR OF THE BUDGET AND THE AUTHORITY AGREE, SO AS
TO ANNUALLY PROVIDE TO THE AUTHORITY, IN THE AGGREGATE,  A  SUM  NOT  TO
EXCEED  THE  PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH
BONDS AND NOTES. ANY SERVICE CONTRACT  ENTERED  INTO  PURSUANT  TO  THIS
SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
THEREIN  PROVIDED  SHALL  NOT  CONSTITUTE A DEBT OF THE STATE WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT  NO  LIABILITY
SHALL  BE  INCURRED  BY  THE  STATE BEYOND THE MONIES AVAILABLE FOR SUCH
PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE  LEGISLATURE.  ANY  SUCH
CONTRACT  OR  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
AND PLEDGED BY THE AUTHORITY AS SECURITY FOR ITS  BONDS  AND  NOTES,  AS
AUTHORIZED BY THIS SECTION.
  (C)  PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF ANY PROJECT FINANCED
PURSUANT TO  THIS  SUBDIVISION,  THE  COMMISSIONER  OF  AGRICULTURE  AND
MARKETS  AND  THE  AUTHORITY SHALL ENTER INTO AN AGREEMENT PROVIDING FOR
THE DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT
PROJECTS OF CULINARY AND HOSPITALITY EDUCATION FACILITIES BY  THE  DIVI-
SION  OF  THE STATE FAIR. SUCH AGREEMENT SHALL PROVIDE FOR THE DORMITORY
AUTHORITY TO (I) PROCURE SUCH ARCHITECTS, ENGINEERS, CONSTRUCTION MANAG-
ERS AND CONTRACTORS  NECESSARY  TO  DESIGN,  MANAGE  AND  CONSTRUCT  THE
PROJECT  (INCLUDING  THE  PERFORMANCE  OF SERVICES RELATING TO PLANNING,
DESIGN  REVIEW,  BUDGETING,  CONSTRUCTION  SCHEDULING,  CONSTRUCTABILITY
REVIEWS,  COORDINATION OF PRIME CONTRACTORS, COST CONTROL AND PROCESSING
OF CHANGE ORDERS); AND (II) MONITOR, SUPERVISE,  REVIEW  AND  COORDINATE
THE  SERVICES  OF  ALL  ARCHITECTS, ENGINEERS, CONSTRUCTION MANAGERS AND
CONTRACTORS ENGAGED PURSUANT TO SUCH AGREEMENT TO THE  EXTENT  THAT  THE
AUTHORITY DEEMS IT NECESSARY TO FULFILL ITS RESPONSIBILITIES AS AGENT OR
REPRESENTATIVE  OF  THE DEPARTMENT OF AGRICULTURE AND MARKETS UNDER SUCH
AGREEMENT. THE AGREEMENT SHALL CONTAIN SUCH OTHER TERMS  AND  CONDITIONS
AS MAY BE AGREED UPON BY THE COMMISSIONER AND THE AUTHORITY.
  S 2. This act shall take effect immediately.