Senate Bill S3694

Signed By Governor

2009-2010 Legislative Session

Relates to the powers of the state of New York mortgage agency and the effectiveness thereof

download bill text pdf

Archive: Last Bill Status Via A8529 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2009	signed chap.177
Jul 10, 2009	delivered to governor
Jul 09, 2009	returned to assembly repassed senate vote reconsidered - restored to third reading
Jun 30, 2009	passed senate 3rd reading cal.658 substituted for s3694a
Jun 30, 2009	substituted by a8529 ordered to third reading cal.658 committee discharged and committed to rules
Jun 03, 2009	print number 3694a
Jun 03, 2009	amend and recommit to finance reported and committed to finance
Mar 27, 2009	referred to corporations, authorities and commissions

Votes

- Jul 9, 2009 - Floor Vote
  A8529
  
  Aye
  
  62
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jul 9, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
  Jun 30, 2009 - Rules Committee Vote
  S3694
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  11
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 30, 2009
      
      aye (13)
      
      Dilan
      
      Duane
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Monserrate
      
      Montgomery
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      absent (11)
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      LaValle
      
      Larkin
      
      Padavan
      
      Saland
      
      Seward
      
      Skelos
      
      Volker

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S3694 - Details

Law Section:: Public Authorities Law
Laws Affected:: Amd §16, Chap 915 of 1982; amd §2407, Pub Auth L

2009-S3694 - Summary

Relates to the powers of the state of New York mortgage agency and the effectiveness thereof.

2009-S3694 - Sponsor Memo

                                 BILL NUMBER:  S3694

 TITLE OF BILL :

An act to amend chapter 915 of the laws of 1982, amending the public
authorities law relating to the powers of the state of New York
mortgage agency, in relation to the effective date thereof; and to
amend the public authorities law, in relation to the powers of the
state of New York mortgage agency


 PURPOSE OF THE BILL :

This bill would (i) extend the authority of the State of New York
Mortgage Agency ("SONYMA") to purchase forward commitment mortgages
and to issue new money tax-exempt bonds and new money taxable bonds,
and (ii) Increase the maximum amount of SONYMA's authority to issue
new money tax-exempt bonds.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would extend SONYMA's authority to purchase
forward commitment mortgages until July 16, 2010.

Section 2 of the bill would (i) extend SONYMA's authority to issue new
money taxable and tax-exempt bonds until July 16,2010 and (ii)

increase SONYMA's tax-exempt bonding authority by $500 million to a
maximum of $8.92 billion.

Section 3 of the bill provides for an immediate effective date.

 EXISTING LAW :

Under existing law, SONYMA' s authority to purchase forward commitment
mortgages and to issue new money taxable bonds are scheduled to sunset
on July 16, 2009. SONYMA is currently authorized to issue up to $8.420
billion of new money tax-exempt bonds by July 16, 2009.

 PRIOR LEGISLATIVE HISTORY :

Similar bills have been enacted each year since before 2000 to
increase SONYMA's tax exempt bonding authority and to extend by one
year the sunset dates of SONYMA's authority to purchase forward
commitment mortgages and to issue new money tax-exempt and taxable
bonds. See Chapter 148 of the Laws of 2008; Chapter 227 of the Laws of
2007; Chapter 138 of the Laws of 2006; Chapter 121 of the Laws of
2005; Chapter 147 of the Laws of 2004; Chapter 141 of the Laws of
2003; Chapter 103 of the Laws of 2002; Chapter 111 of the Laws of
2001; and Chapter 132 of the Laws of 2000.

 STATEMENT IN SUPPORT :

SONYMA's statutory authorizations to issue new money tax-exempt bonds
and to purchase forward commitment mortgages are scheduled to sunset
on July 16, 2009. SONYMA's statutory authorization to issue new money
taxable bonds is also scheduled to sunset on July 16, 2009. This bill
would extend the sunset dates for the issuance of new money tax-exempt
bonds and new money taxable bonds, and for the purchase of forward
commitment mortgages until July 16, 2010.

This bill would also increase the maximum amount of new money
tax-exempt bonds which SONYMA is authorized to issue. SONYMA's current
authority to issue new money tax-exempt bonds is insufficient to cover
the current expected demand for mortgages in the next few years.
SONYMA expects to continue its various existing programs to provide
more eligible New Yorkers than ever before with affordable,
low-interest mortgage loans. The bill would increase SONYMA's -
authority to issue additional tax-exempt bonds and notes up to a total
maximum amount of $8.92 billion, which will enable SONYMA to satisfy
its expected mortgage demand.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill takes effect immediately.

2009-S3694 - Bill Text download pdf

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

                                  3694

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced by Sen. PERKINS -- (at request of the State of New York Mort-
  gage Agency) -- read twice and ordered printed, and when printed to be
  committed  to  the  Committee on Corporations, Authorities and Commis-
  sions

AN ACT to amend chapter 915 of the laws of  1982,  amending  the  public
  authorities  law relating to the powers of the state of New York mort-
  gage agency, in relation to the effective date thereof; and  to  amend
  the  public authorities law, in relation to the powers of the state of
  New York mortgage agency

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

  Section  1. Section 16 of chapter 915 of the laws of 1982 amending the
public authorities law relating to the powers of the state of  New  York
mortgage  agency,  as  amended  by  chapter  148 of the laws of 2008, is
amended to read as follows:
  S 16. This act shall take effect immediately except  that  the  amend-
ments  to  law  effected  by  sections  one  through ten of this act, as
amended, shall cease to be of force and effect on  and  after  July  16,
[2009]  2010, on which date the provisions of the public authorities law
amended by such sections shall be as they were in force and effect imme-
diately prior to this act taking effect.
  S 2. Section 2407 of the public authorities law, as amended by chapter
148 of the laws of 2008, is amended to read as follows:
  S 2407. Bond limits. (1) Except for notes issued in  nineteen  hundred
seventy  and  nineteen  hundred  seventy-one, the agency shall not issue
bonds and notes, the interest on which is  not  included  in  the  gross
income  of  the  holders  of the bonds and notes under the United States
Internal Revenue Code of 1986, as amended, or any subsequent correspond-
ing internal revenue law of the United States, in an aggregate principal
amount exceeding  eight  billion  [four]  NINE  hundred  twenty  million
dollars,  excluding  from  such  limitation  (a)  an amount equal to any
original issue discount from the principal amount of any bonds or  notes
issued,  (b)  bonds  and  notes  issued  to refund outstanding bonds and
notes, and (c) bonds and notes not described in paragraph  (b)  of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09019-01-9

S. 3694                             2

subdivision  issued  to refund outstanding bonds and notes in accordance
with the provisions of the Internal Revenue Code  of  1986  or  the  Tax
Reform  Act  of  1986,  as  amended,  where  such bonds or notes are not
included  in  the  statewide  volume  cap on private purpose bonds under
section 146 of such code provided,  however,  that  upon  any  refunding
pursuant  to  this  paragraph or paragraph (b) of this subdivision, such
exclusion shall apply only to the extent that the amount of the  refund-
ing  bonds  or  notes  does not exceed (i) the outstanding amount of the
refunded bonds or notes, plus (ii) to the extent permitted by applicable
federal tax law, costs of issuance of the refunding bonds or notes to be
financed from the proceeds of the refunding bonds or  notes.    No  such
bond  or  note shall be issued by the agency on or after July sixteenth,
two thousand [nine] TEN, excluding bonds  and  notes  issued  to  refund
outstanding  bonds  and notes. No more than five hundred million dollars
of proceeds of bonds or notes issued by  the  agency  pursuant  to  this
subdivision  shall  be  used  for  mortgage  purposes  by  blending with
proceeds of bonds issued pursuant to subdivision two of this section.
  (2) In connection with the  issuance  of  bonds  for  the  purpose  of
furthering programs described in this title, the agency is authorized to
covenant  and  consent  that  the interest on any of its bonds, notes or
other obligations shall be includable, under the United States  Internal
Revenue  Code of 1986, as amended or any subsequent corresponding inter-
nal revenue law of the United States, in the gross income of the holders
of the bonds to the same extent and in the same manner that the interest
on bills, bonds, notes or other obligations  of  the  United  States  is
includable  in the gross income of the holders thereof under said Inter-
nal Revenue Code or any such subsequent law. Pursuant to  this  subdivi-
sion, the agency shall not issue bonds, notes or other obligations in an
aggregate  principal  amount  exceeding  eight  hundred million dollars,
excluding from such limitation bonds, notes or other obligations  issued
to  refund  outstanding bonds, notes or other obligations. No such bond,
note or other obligation shall be issued by the agency on or after  July
sixteenth,  two  thousand  [nine]  TEN,  excluding bonds, notes or other
obligations issued to refund outstanding bonds,  notes  or  other  obli-
gations  and  no  mortgages shall be purchased with the proceeds of such
bonds, notes or other obligations after such date. The board  of  direc-
tors  of  the  agency shall establish program guidelines for purposes of
bonds, notes or other obligations issued pursuant to  this  subdivision.
The  board of directors shall establish from time to time maximum income
limits of persons eligible to receive mortgages financed by bonds, notes
or other obligations issued pursuant to this subdivision,  which  income
limits  with respect to one-third of the total principal amount of mort-
gages authorized to be so financed shall not exceed one hundred  twenty-
five  percent  of  the  latest maximum income limits permitted under the
Internal Revenue Code of 1986, as amended, for  mortgagors  financed  by
mortgage  revenue  bonds,  with  respect  to one-third of such principal
amount authorized to be so financed, shall not exceed one hundred  thir-
ty-five  percent of such income limits, and with respect to one-third of
such principal amount authorized to be so financed, shall not exceed one
hundred fifty percent of such limits.
  (3) The fixing of the statutory maximums in this section shall not  be
construed  as constituting a contract between the agency and the holders
of its bonds or notes that additional bonds and notes may not be  issued
subsequently  by  the  agency  in the event that such statutory maximums
shall subsequently be increased by law.
  S 3. This act shall take effect immediately.

co-Sponsors

2009-S3694A (ACTIVE) - Details

Law Section:: Public Authorities Law
Laws Affected:: Amd §16, Chap 915 of 1982; amd §2407, Pub Auth L

2009-S3694A (ACTIVE) - Summary

Relates to the powers of the state of New York mortgage agency and the effectiveness thereof.

2009-S3694A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3694A

 TITLE OF BILL :
An act to amend chapter 915 of the laws of 1982, amending the public
authorities law relating to the powers of the state of New York
mortgage agency, in relation to the effective date thereof; and to
amend the public authorities law, in relation to the powers of the
state of New York mortgage agency


 PURPOSE OF THE BILL :
This bill would (i) extend the authority of the State of New York
Mortgage Agency ("SONYMA") to purchase forward commitment mortgages
and to issue new money tax-exempt bonds and new money taxable bonds,
and (ii) Increase the maximum amount of SONYMA's authority to issue
new money tax-exempt bonds.

 SUMMARY OF PROVISIONS :
Section 1 of the bill would extend SONYMA's authority to purchase
forward commitment mortgages until July 16, 2010.
Section 2 of the bill would (i) extend SONYMA's authority to issue new
money taxable and tax-exempt bonds until July 16, 2010 and (ii)
increase SONYMA's tax-exempt bonding authority by $500 million to a
maximum of $8.72 billion.
Section 3 of the bill provides for an immediate effective date.

 EXISTING LAW :
Under existing law, SONYMA' s authority to purchase forward commitment
mortgages and to issue new money taxable bonds are scheduled to sunset
on July 16, 2009. SONYMA is currently authorized to issue up to $8.420
billion of new money tax-exempt bonds by July 16, 2009.

 PRIOR HISTORY :
Similar bills have been enacted each year since before 2000 to
increase SONYMA's tax exempt bonding authority and to extend by one
year the sunset dates of SONYMA's authority to purchase forward
commitment mortgages and to issue new money tax-exempt and taxable
bonds. See Chapter 148 of the Laws of 2008; Chapter 227 of the Laws of
2007; Chapter 138 of the Laws of 2006; Chapter 121 of the Laws of
2005; Chapter 147 of the Laws of 2004; Chapter 141 of the Laws of
2003; Chapter 103 of the Laws of 2002; Chapter 111 of the Laws of
2001; and Chapter 132 of the Laws of 2000.

 STATEMENT IN SUPPORT :
SONYMA's statutory authorizations to issue new money tax-exempt bonds
and to purchase forward commitment mortgages are scheduled to sunset
on July 16, 2009. SONYMA's statutory authorization to issue new money
taxable bonds is also scheduled to sunset on July 16, 2009. This bill
would extend the sunset dates for the issuance of new money tax-exempt
bonds and new money taxable bonds, and for the purchase of forward
commitment mortgages until July 16, 2010.  This bill would also
increase the maximum amount of new money tax-exempt bonds which SONYMA
is authorized to issue. SONYMA's current authority to issue new money
tax-exempt bonds is insufficient to cover the current expected demand
for mortgages in the next few years. SONYMA expects to continue its
various existing programs to provide more eligible New Yorkers than
ever before with affordable, low-interest mortgage loans.  The bill
would increase SONYMA's - authority to issue additional tax-exempt
bonds and notes up to a total maximum amount of $8.72 billion, which
will enable SONYMA to satisfy its expected mortgage demand.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill takes effect immediately.

2009-S3694A (ACTIVE) - Bill Text download pdf

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

                                 3694--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced by Sens. PERKINS, THOMPSON -- (at request of the State of New
  York  Mortgage  Agency)  --  read  twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and  Commissions -- reported favorably from said committee and commit-
  ted to the Committee on Finance -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend chapter 915 of the laws of  1982,  amending  the  public
  authorities  law relating to the powers of the state of New York mort-
  gage agency, in relation to the effective date thereof; and  to  amend
  the  public authorities law, in relation to the powers of the state of
  New York mortgage agency

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

  Section  1. Section 16 of chapter 915 of the laws of 1982 amending the
public authorities law relating to the powers of the state of  New  York
mortgage  agency,  as  amended  by  chapter  148 of the laws of 2008, is
amended to read as follows:
  S 16. This act shall take effect immediately except  that  the  amend-
ments  to  law  effected  by  sections  one  through ten of this act, as
amended, shall cease to be of force and effect on  and  after  July  16,
[2009]  2010, on which date the provisions of the public authorities law
amended by such sections shall be as they were in force and effect imme-
diately prior to this act taking effect.
  S 2. Section 2407 of the public authorities law, as amended by chapter
148 of the laws of 2008, is amended to read as follows:
  S 2407. Bond limits. (1) Except for notes issued in  nineteen  hundred
seventy  and  nineteen  hundred  seventy-one, the agency shall not issue
bonds and notes, the interest on which is  not  included  in  the  gross
income  of  the  holders  of the bonds and notes under the United States
Internal Revenue Code of 1986, as amended, or any subsequent correspond-
ing internal revenue law of the United States, in an aggregate principal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09019-03-9

S. 3694--A                          2

amount exceeding eight  billion  [four]  SEVEN  hundred  twenty  million
dollars,  excluding  from  such  limitation  (a)  an amount equal to any
original issue discount from the principal amount of any bonds or  notes
issued,  (b)  bonds  and  notes  issued  to refund outstanding bonds and
notes, and (c) bonds and notes not described in paragraph  (b)  of  this
subdivision  issued  to refund outstanding bonds and notes in accordance
with the provisions of the Internal Revenue Code  of  1986  or  the  Tax
Reform  Act  of  1986,  as  amended,  where  such bonds or notes are not
included in the statewide volume cap  on  private  purpose  bonds  under
section  146  of  such  code  provided, however, that upon any refunding
pursuant to this paragraph or paragraph (b) of  this  subdivision,  such
exclusion  shall apply only to the extent that the amount of the refund-
ing bonds or notes does not exceed (i) the  outstanding  amount  of  the
refunded bonds or notes, plus (ii) to the extent permitted by applicable
federal tax law, costs of issuance of the refunding bonds or notes to be
financed  from  the  proceeds  of the refunding bonds or notes.  No such
bond or note shall be issued by the agency on or after  July  sixteenth,
two  thousand  [nine]  TEN,  excluding  bonds and notes issued to refund
outstanding bonds and notes. No more than five hundred  million  dollars
of  proceeds  of  bonds  or  notes issued by the agency pursuant to this
subdivision shall  be  used  for  mortgage  purposes  by  blending  with
proceeds of bonds issued pursuant to subdivision two of this section.
  (2)  In  connection  with  the  issuance  of  bonds for the purpose of
furthering programs described in this title, the agency is authorized to
covenant and consent that the interest on any of  its  bonds,  notes  or
other  obligations shall be includable, under the United States Internal
Revenue Code of 1986, as amended or any subsequent corresponding  inter-
nal revenue law of the United States, in the gross income of the holders
of the bonds to the same extent and in the same manner that the interest
on  bills,  bonds,  notes  or  other obligations of the United States is
includable in the gross income of the holders thereof under said  Inter-
nal  Revenue  Code or any such subsequent law. Pursuant to this subdivi-
sion, the agency shall not issue bonds, notes or other obligations in an
aggregate principal amount  exceeding  eight  hundred  million  dollars,
excluding  from such limitation bonds, notes or other obligations issued
to refund outstanding bonds, notes or other obligations. No  such  bond,
note  or other obligation shall be issued by the agency on or after July
sixteenth, two thousand [nine] TEN,  excluding  bonds,  notes  or  other
obligations  issued  to  refund  outstanding bonds, notes or other obli-
gations and no mortgages shall be purchased with the  proceeds  of  such
bonds,  notes  or other obligations after such date. The board of direc-
tors of the agency shall establish program guidelines  for  purposes  of
bonds,  notes  or other obligations issued pursuant to this subdivision.
The board of directors shall establish from time to time maximum  income
limits of persons eligible to receive mortgages financed by bonds, notes
or  other  obligations issued pursuant to this subdivision, which income
limits with respect to one-third of the total principal amount of  mort-
gages  authorized to be so financed shall not exceed one hundred twenty-
five percent of the latest maximum income  limits  permitted  under  the
Internal  Revenue  Code  of 1986, as amended, for mortgagors financed by
mortgage revenue bonds, with respect  to  one-third  of  such  principal
amount  authorized to be so financed, shall not exceed one hundred thir-
ty-five percent of such income limits, and with respect to one-third  of
such principal amount authorized to be so financed, shall not exceed one
hundred fifty percent of such limits.

S. 3694--A                          3

  (3)  The fixing of the statutory maximums in this section shall not be
construed as constituting a contract between the agency and the  holders
of  its bonds or notes that additional bonds and notes may not be issued
subsequently by the agency in the event  that  such  statutory  maximums
shall subsequently be increased by law.
  S 3. This act shall take effect immediately.

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Senate Bill S3694

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A8529 - Signed by Governor

Actions

Votes

Jul 9, 2009 - Floor Vote

Floor Vote: Jul 9, 2009

Jun 30, 2009 - Rules Committee Vote

Rules Committee Vote: Jun 30, 2009

Bill Amendments

co-Sponsors

2009-S3694 - Details

2009-S3694 - Summary

2009-S3694 - Sponsor Memo

2009-S3694 - Bill Text download pdf

co-Sponsors

2009-S3694A (ACTIVE) - Details

2009-S3694A (ACTIVE) - Summary

2009-S3694A (ACTIVE) - Sponsor Memo

2009-S3694A (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2009-S3694

Senate Bill S3694

Signed By Governor

Share this bill

Sponsored By

Bill Perkins

Archive: Last Bill Status Via A8529 - Signed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

Antoine M. Thompson

2009-S3694 - Details

2009-S3694 - Summary

2009-S3694 - Sponsor Memo

2009-S3694 - Bill Text download pdf

co-Sponsors

Antoine M. Thompson

2009-S3694A (ACTIVE) - Details

2009-S3694A (ACTIVE) - Summary

2009-S3694A (ACTIVE) - Sponsor Memo

2009-S3694A (ACTIVE) - Bill Text download pdf

Comments