LBD02817-01-9
S. 202 2
2489-O. AUDIT AND ANNUAL REPORTS.
2489-P. AUTHORITY SUBJECT TO OPEN MEETINGS LAW.
2489-Q. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEF-
FECTIVE.
2489-R. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED.
S 2489. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES
A NEED FOR CREATION OF A PUBLIC BENEFIT AUTHORITY TO PROVIDE, IN COOPER-
ATION WITH THE U.S. VETERANS ADMINISTRATION, ENHANCED SERVICES FOR THE
STATE'S VETERAN POPULATION THROUGH THE DEVELOPMENT OF ADDITIONAL LONG
TERM HEALTH CARE SERVICES. SUCH AUTHORITY WILL:
1. CONSTRUCT AND OPERATE HIGH QUALITY PATIENT CARE DELIVERY TO THE
STATE'S VETERANS;
2. RESPOND RAPIDLY TO CHANGES IN THE HEALTH CARE ENVIRONMENT SUCH AS
SHORTAGES IN KEY HEALTH PROFESSIONS LIKE THE CURRENT NURSING AND PHYS-
ICAL THERAPIST SHORTAGES;
3. REACT IMMEDIATELY TO PHYSICAL PLANT AND OPERATIONAL PROBLEMS;
4. MAKE TO THE EXTENT PRACTICABLE MAXIMUM USE OF FEDERAL FUNDS AND
CAPITAL GRANT FUNDS FROM THE VA STATE HOME PROGRAM TO BE USED FOR
CONSTRUCTION AND RENOVATION OF FACILITIES;
5. PROVIDE FOR THE EDUCATION OF PHYSICIANS AND OTHER HEALTH CARE
PROFESSIONALS IN GERONTOLOGY, THE PROVISION OF INNOVATIVE CARE DELIVERY
AND RESPONDING TO EMERGING PUBLIC HEALTH NEEDS OF THE STATE'S VETERANS
POPULATION;
6. GUIDE COMPREHENSIVE PLANNING, RESOURCE ALLOCATION AND PATIENT CARE
EVALUATIVE PROCESSES;
7. ESTABLISH THE HIGHEST QUALITY OF CARE STANDARDS;
8. PROMOTE HIGH SELF-ESTEEM, DIGNITY, AND QUALITY OF LIFE AMONG THE
DESERVING RESIDENTS OF THE VETERANS NURSING HOMES WHO HAVE SERVED THEIR
COUNTRY WITH HONOR, LOYALTY AND DEDICATION;
9. ESTABLISH A SUPPORTIVE WORKING ENVIRONMENT FOR THE DIRECT CARE
STAFF, BEING COGNIZANT OF THE VITAL ROLE THEY PLAY IN THE OPERATION OF
THE HOMES, AND THE PHYSICAL AND EMOTIONAL STRAIN CONFRONTING THOSE IN
THE HEALTH CARE PROFESSION;
10. PROVIDE THE HIGHEST LEVEL OF CARE AT THE LOWEST POSSIBLE COST TO
THE VETERAN AND FAMILY OF THE VETERAN; AND
11. PRESENT A BALANCED BUDGET ACCORDING TO GENERALLY ACCEPTED ACCOUNT-
ING PRINCIPLES.
S 2489-A. VETERANS LONG TERM HEALTH CARE AUTHORITY. A BOARD, TO BE
KNOWN AS "VETERANS LONG TERM HEALTH CARE AUTHORITY," IS HEREBY CREATED.
SUCH BOARD SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC
BENEFIT AUTHORITY. IT SHALL CONSIST OF THE DIRECTOR OF THE DIVISION OF
VETERANS' AFFAIRS, THE DIRECTOR OF THE STATE OFFICE FOR THE AGING, THE
COMMISSIONER OF HEALTH, THE SUPERINTENDENT OF INSURANCE, THE CHANCELLOR
OF THE STATE UNIVERSITY AND THREE VETERANS EACH TO BE SELECTED BY THE
SPEAKER OF THE ASSEMBLY AND THE SENATE MAJORITY LEADER. THE PRESIDENT OF
THE AUTHORITY SHALL BE THE DIRECTOR OF THE DIVISION OF VETERANS'
AFFAIRS. THE MEMBERS OF THE BOARD SHALL BE ENTITLED TO NO COMPENSATION
FOR THEIR SERVICES, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ALL
EXPENSES INCURRED OR TO BE INCURRED, IN CONNECTION THEREWITH. THE POWER
OF SUCH AUTHORITY SHALL BE VESTED IN AND EXERCISED BY THE BOARD AND A
MAJORITY OF THE MEMBERS OF THE BOARD THEN IN OFFICE SHALL CONSTITUTE A
QUORUM. THE BOARD MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR TO ITS
AGENTS AND EMPLOYEES, SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER. THE
BOARD SHALL BE DEEMED A HEALTH CARE PROVIDER FOR PURPOSES OF ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. THE STAFF OF THE AUTHORITY SHALL
BE DEEMED PUBLIC EMPLOYEES FOR ALL PURPOSES INCLUDING RETIREMENT
S. 202 3
PURPOSES. THE MEMBERS OF THE BOARD AND EMPLOYEES OF THE BOARD SHALL BE
GRANTED DEFENSE AND INDEMNIFICATION PRIVILEGES GRANTED TO STATE OFFICERS
AND EMPLOYEES PURSUANT TO SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
S 2489-B. PURPOSE AND DUTY OF THE AUTHORITY. THE PURPOSE AND DUTY OF
THE AUTHORITY IS TO ACQUIRE LAND IN THE STATE AND TO DEVELOP, IMPROVE,
EMBELLISH, MAINTAIN AND OPERATE ON SUCH LAND LONG TERM HEALTH CARE
FACILITIES FOR NEW YORK STATE VETERANS, AND TO DETERMINE AND CHARGE FEES
FOR ADMISSION THERETO AND THE USE THEREOF SUFFICIENT WITH OTHER REVENUES
TO MEET ITS EXPENSES AND PAY ALL DEBTS CONTRACTED BY IT, AND THE AUTHOR-
ITY SHALL HAVE POWER TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY
OUT SUCH PURPOSE AND DUTY IN ADDITION TO THE EXPRESS POWERS CONFERRED IN
THIS TITLE.
S 2489-C. POWERS OF THE AUTHORITY. THE AUTHORITY SHALL HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY OR
INTERESTS THEREIN IN ITS OWN NAME, SUBJECT TO MORTGAGES OR OTHER LIENS
OR OTHERWISE AND TO PAY THEREFOR IN CASH OR ON CREDIT, AND TO GIVE MORT-
GAGES THEREON IN FULL OR PART PAYMENT THEREFOR OR OTHERWISE TO SECURE OR
PROCURE PAYMENT OF ALL OR ANY PART OF THE PURCHASE PRICE THEREOF, ON
SUCH TERMS AND CONDITIONS AS IT SHALL DETERMINE;
4. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
5. TO APPOINT OFFICERS, AGENTS AND EMPLOYEES AND FIX THEIR COMPEN-
SATION; SUBJECT, HOWEVER, TO THE PROVISIONS OF THE CIVIL SERVICE LAW;
6. TO MAKE CONTRACTS AND INCUR DEBTS AND TO EXECUTE ALL INSTRUMENTS
NECESSARY OR CONVENIENT;
7. TO CHARGE FEES FOR ADMISSION TO LONG TERM HEALTH CARE FACILITIES
FOR NEW YORK STATE VETERANS AND FOR THE USE OF THE FACILITIES THEREIN
SUBJECT TO AND IN ACCORDANCE WITH SUCH AGREEMENTS WITH HOLDERS OF BONDS
AS MAY BE MADE AS HEREINAFTER PROVIDED;
8. TO RENT, BUY, SELL AND DEAL IN, GOODS, WARES AND MERCHANDISE IN
ANY WAY CONNECTED WITH THE LONG TERM HEALTH CARE FACILITIES, OR TO LEASE
THE RIGHT TO EXERCISE SUCH POWERS;
9. TO OPERATE RESTAURANTS, CAFES AND OTHER PLACES FOR SERVING FOOD
AND REFRESHMENTS AND TO LEASE THE RIGHT TO EXERCISE SUCH POWER;
10. TO LEASE THE RIGHT TO CONSTRUCT AND/OR USE SUCH FACILITIES ON
SUCH TERMS AND FOR SUCH CONSIDERATIONS AS IT SHALL DETERMINE, PROVIDED,
HOWEVER, THAT NO LEASE SHALL BE MADE FOR A PERIOD OF MORE THAN TEN YEARS
FROM THE DATE WHEN IT IS MADE;
11. TO ISSUE NEGOTIABLE BONDS AND TO PROVIDE FOR THE RIGHTS OF THE
HOLDERS THEREOF, AND TO SECURE THE SAME BY A MORTGAGE OR DEED OF TRUST
ON ITS PROPERTY;
12. TO ENTER ON ANY LANDS, WATERS AND PREMISES FOR THE PURPOSE OF
MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS;
13. TO ACT AS LIAISON AND AGENT FOR THE STATE WITH THE FEDERAL VETER-
ANS' ADMINISTRATION FOR PURPOSES OF RECEIVING FEDERAL FUNDS FOR
CONSTRUCTION OF SUCH LONG TERM HEALTH CARE FACILITIES; AND
14. TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT THE POWERS
EXPRESSLY GIVEN IN THIS ARTICLE.
S 2489-D. MONEYS OF THE AUTHORITY. 1. THE MONEYS OF THE AUTHORITY
SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, BE DEPOSITED IN A
GENERAL ACCOUNT AND SUCH OTHER ACCOUNTS AS THE AUTHORITY MAY DEEM NECES-
SARY FOR THE TRANSACTION OF ITS BUSINESS AND SHALL BE PAID OUT ON CHECKS
SIGNED BY THE PRESIDENT OF THE AUTHORITY OR BY SUCH OTHER PERSON OR
PERSONS AS THE AUTHORITY MAY AUTHORIZE.
S. 202 4
2. ALL MONEYS OF THE AUTHORITY DERIVED FROM STATE APPROPRIATIONS OR
THE SALE OF BONDS AND ALL MONEYS CONSTITUTING RESERVE FUNDS SHALL BE
PAID TO THE COMPTROLLER OF THE STATE AS AGENT OF THE AUTHORITY, WHO
SHALL NOT COMMINGLE SUCH MONEYS WITH OTHER MONEYS. SUCH MONEYS SHALL BE
DEPOSITED IN A SEPARATE BANK ACCOUNT OR ACCOUNTS. THE MONEYS IN SUCH
ACCOUNTS SHALL BE PAID OUT ON CHECK OF THE COMPTROLLER ON REQUISITION OF
THE PRESIDENT OF THE AUTHORITY OR OF SUCH OTHER PERSON OR PERSONS AS THE
AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL DEPOSITS OF SUCH
MONEYS SHALL, IF REQUIRED BY THE COMPTROLLER OR THE AUTHORITY, BE
SECURED BY OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF THE STATE
OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE
DEPOSIT AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH
SECURITY FOR SUCH DEPOSITS.
S 2489-E. BONDS OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE POWER
AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE BONDS
IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE
IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING TWENTY-FIVE MILLION
DOLLARS FOR ANY CORPORATE PURPOSE. THE AUTHORITY SHALL HAVE POWER FROM
TIME TO TIME TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS, WHETHER
THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND MAY ISSUE BONDS
PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OTHER CORPO-
RATE PURPOSE. IN COMPUTING THE TOTAL AMOUNT OF BONDS OF THE AUTHORITY
WHICH MAY AT ANY TIME BE OUTSTANDING THE AMOUNT OF THE OUTSTANDING BONDS
TO BE REFUNDED FROM THE PROCEEDS OF THE SALE OF NEW BONDS OR BY EXCHANGE
FOR NEW BONDS SHALL BE EXCLUDED.
2. SUCH BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE BOARD AND
SHALL BE ISSUED IN ONE OR MORE SERIES, SHALL BEAR SUCH DATE OR DATES,
MATURE AT SUCH TIME OR TIMES, NOT EXCEEDING FORTY YEARS FROM THEIR
RESPECTIVE DATES, BEAR INTEREST AT SUCH RATE OR RATES, NOT EXCEEDING
FIVE PER CENTUM PER ANNUM PAYABLE SEMI-ANNUALLY, BE IN SUCH DENOMI-
NATIONS, BE IN SUCH FORM, EITHER COUPON OR REGISTERED, CARRY SUCH REGIS-
TRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDI-
UM OF PAYMENT, AT SUCH PLACE OR PLACES, BE SUBJECT TO SUCH TERMS OF
REDEMPTION, AND BE DECLARED OR BECOME DUE BEFORE THE MATURITY DATE THER-
EOF, AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. SUCH BONDS MAY BE
ISSUED FOR MONEY OR PROPERTY (AT PUBLIC OR PRIVATE SALE FOR SUCH PRICE
OR PRICES) AS THE AUTHORITY SHALL DETERMINE, PROVIDED THAT THE INTEREST
COST TO MATURITY OF THE MONEY OR PROPERTY (AT ITS VALUE AS DETERMINED BY
THE BOARD, THE DETERMINATION OF WHICH SHALL BE CONCLUSIVE) RECEIVED FOR
ANY ISSUE OF SUCH BONDS, SHALL NOT EXCEED FIVE PER CENTUM PER ANNUM.
REFUNDING BONDS EXCHANGED FOR OUTSTANDING BONDS MAY BE EXCHANGED ON SUCH
TERMS AND WITH SUCH CASH ADJUSTMENTS AS THE AUTHORITY SHALL DETERMINE.
3. IN CONNECTION WITH THE ISSUANCE OF BONDS OR IN ORDER TO SECURE THE
PAYMENT OF ITS BONDS THE AUTHORITY SHALL HAVE POWER:
(A) TO MORTGAGE ALL OR ANY PART OF ITS PROPERTY, REAL OR PERSONAL,
THEN OWNED OR THEREAFTER ACQUIRED;
(B) TO PLEDGE ALL OR ANY PART OF ITS REVENUES;
(C) TO COVENANT AGAINST MORTGAGING ALL OR ANY PART OF ITS PROPERTY,
REAL OR PERSONAL, THEN OWNED OR THEREAFTER ACQUIRED OR AGAINST PERMIT-
TING OR SUFFERING ANY LIEN THEREON;
(D) TO COVENANT AGAINST PLEDGING ALL OR ANY PART OF ITS REVENUES TO
WHICH ITS RIGHT THEN EXISTS OR THE RIGHT TO WHICH MAY THEREAFTER COME
INTO EXISTENCE;
(E) TO PROVIDE FOR THE RELEASE OF PROPERTY OR REVENUES FROM ANY
PLEDGE OR MORTGAGE, AND TO RESERVE RIGHTS AND POWERS IN, OR THE RIGHT TO
DISPOSE OF, PROPERTY WHICH IS SUBJECT TO A PLEDGE OR MORTGAGE;
S. 202 5
(F) TO COVENANT AS TO THE BONDS TO BE ISSUED PURSUANT TO ANY MORT-
GAGE, DEED OF TRUST OR OTHER INSTRUMENT AND AS TO THE ISSUANCE OF SUCH
BONDS IN ESCROW OR OTHERWISE, AND AS TO THE USE AND DISPOSITION OF THE
PROCEEDS THEREOF;
(G) TO COVENANT AS TO WHAT OTHER, OR ADDITIONAL DEBT MAY BE INCURRED
BY IT;
(H) TO PROVIDE FOR THE TERMS, FORM, REGISTRATION, EXCHANGE, EXECUTION
AND AUTHENTICATION OF BONDS;
(I) TO PROVIDE FOR THE REPLACEMENT OF LOST, DESTROYED OR MUTILATED
BONDS;
(J) TO COVENANT THAT THE AUTHORITY WARRANTS THE TITLE TO THE PREM-
ISES;
(K) TO COVENANT AS TO THE FEES AND RENTALS TO BE CHARGED, THE AMOUNT
(CALCULATED AS MAY BE DETERMINED) TO BE RAISED EACH YEAR OR OTHER PERIOD
OF TIME BY FEES, RENTALS, AND OTHER REVENUES AND AS TO THE USE AND
DISPOSITION TO BE MADE THEREOF;
(L) TO COVENANT AS TO THE USE OF ANY OR ALL OF ITS PROPERTY, REAL OR
PERSONAL;
(M) TO COVENANT TO SET ASIDE OR PAY OVER RESERVES AND SINKING FUNDS
AND AS TO THE DISPOSITION THEREOF;
(N) TO REDEEM THE BONDS, AND TO COVENANT FOR THEIR REDEMPTION, AND TO
PROVIDE THE TERMS AND CONDITIONS THEREOF;
(O) TO COVENANT AGAINST EXTENDING THE TIME FOR THE PAYMENT OF BOND
INTEREST, DIRECTLY OR INDIRECTLY, BY ANY MEANS OR IN ANY MANNER;
(P) TO COVENANT TO MAINTAIN OFFICES AND AGENCIES FOR ANY PURPOSE
CONNECTED WITH ITS BONDS;
(Q) TO COVENANT AS TO THE MAINTENANCE OF ITS PROPERTY, THE REPLACE-
MENT THEREOF, THE INSURANCE TO BE CARRIED THEREON AND THE USE AND DISPO-
SITION OF INSURANCE MONEYS;
(R) TO COVENANT AS TO ITS BOOKS OF ACCOUNT AND AS TO THE INSPECTION
AND AUDIT THEREOF AND AS TO THE ACCOUNTING METHODS;
(S) TO COVENANT AND PRESCRIBE AS TO THE EVENTS OF DEFAULT AND TERMS
AND CONDITIONS UPON WHICH ANY OR ALL OF ITS BONDS SHALL BECOME OR MAY BE
DECLARED DUE BEFORE MATURITY AND AS TO THE TERMS AND CONDITIONS UPON
WHICH SUCH DECLARATION AND ITS CONSEQUENCES MAY BE WAIVED;
(T) TO COVENANT AS TO THE RIGHTS, LIABILITIES, POWERS AND DUTIES
ARISING UPON THE BREACH BY IT OF ANY COVENANT, CONDITION, OR OBLIGATION;
(U) TO VEST IN A TRUSTEE OR TRUSTEES THE RIGHT TO ENFORCE ANY COVEN-
ANT MADE TO SECURE, TO PAY OR IN RELATION TO THE BONDS, OR TO FORECLOSE
ANY MORTGAGE, TO PROVIDE FOR THE POWERS AND DUTIES OF SUCH TRUSTEE OR
TRUSTEES, TO LIMIT LIABILITIES THEREOF AND TO PROVIDE THE TERMS AND
CONDITIONS UPON WHICH THE TRUSTEE OR TRUSTEES OR THE HOLDERS OF BONDS OR
ANY PROPORTION OF THEM MAY ENFORCE ANY SUCH COVENANT OR EXERCISE THE
RIGHT OF FORECLOSURE;
(V) TO MAKE COVENANTS IN ADDITION TO THE COVENANTS HEREIN EXPRESSLY
AUTHORIZED, OF LIKE OR DIFFERENT CHARACTER;
(W) TO EXECUTE ALL MORTGAGES, BILLS OF SALE, CONVEYANCES, DEEDS OF
TRUST AND OTHER INSTRUMENTS NECESSARY OR CONVENIENT IN THE EXERCISE OF
THE POWERS HEREIN GRANTED OR IN THE PERFORMANCE OF ITS COVENANTS OR
DUTIES; AND
(X) TO MAKE SUCH COVENANTS AND TO DO ANY AND ALL SUCH ACTS AND THINGS
AS MAY BE NECESSARY OR CONVENIENT OR DESIRABLE IN ORDER TO SECURE ITS
BONDS, OR IN THE ABSOLUTE DISCRETION OF THE BOARD TEND TO MAKE THE BONDS
MORE MARKETABLE, NOTWITHSTANDING THAT SUCH COVENANTS, ACTS OR THINGS MAY
NOT BE ENUMERATED HEREIN AND NOTWITHSTANDING THAT SUCH COVENANTS, ACTS
OR THINGS MAY RESTRICT OR INTERFERE WITH THE CARRYING OUT OF ITS CORPO-
S. 202 6
RATE PURPOSE; IT BEING THE INTENTION HEREOF TO GIVE THE AUTHORITY POWER
TO DO ALL THINGS IN THE ISSUANCE OF BONDS, AND FOR THEIR SECURITY THAT A
BUSINESS AUTHORITY CAN DO UNDER THE GENERAL LAWS OF THE STATE AND NO
CONSENT OR APPROVAL OF ANY JUDGE OR COURT SHALL BE REQUIRED THEREFOR.
S 2489-F. STATE NOT LIABLE ON BONDS. THE BONDS AND OTHER OBLIGATIONS
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 OF THE AUTHORITY, PROVIDED, HOWEVER, THAT THE STATE SHALL
ASSUME WHATEVER LIABILITY IS REQUIRED FOR FEDERAL VETERANS' ADMINIS-
TRATION PARTICIPATION IN THE CONSTRUCTING OF LONG TERM HEALTH CARE
FACILITIES FOR VETERANS AND PER DIEM PAYMENTS ON BEHALF OF VETERANS IN
SUCH FACILITIES.
S 2489-G. BONDS LEGAL INVESTMENTS FOR PUBLIC OFFICERS AND FIDUCIARIES.
THE BONDS ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND
BODIES OF THIS STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS,
ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING ON
AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS
BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS,
BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS
CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS, EXECU-
TORS, TRUSTEES AND OTHER FIDUCIARIES AND ALL OTHER PERSONS WHATSOEVER
WHO ARE NOW OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR OTHER
OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUD-
ING CAPITAL, IN THEIR CONTROL OR BELONGING TO THEM. THE BONDS ARE ALSO
HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED
BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICIPALITIES
AND MUNICIPAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF
BONDS OR OTHER OBLIGATIONS OF THIS STATE IS NOW OR MAY HEREAFTER BE
AUTHORIZED.
S 2489-H. BONDS TO BE TAX EXEMPT. THE BONDS SHALL BE EXEMPT FROM
TAXATION EXCEPT FOR TRANSFER AND ESTATE TAXES.
S 2489-I. RIGHTS AND REMEDIES OF CREDITORS. 1. ALL REAL AND PERSONAL
PROPERTY, INCLUDING FEES AND REVENUES OF THE AUTHORITY AND DEBTS OWING
TO IT ARE EXEMPT FROM LEVY AND SALE BY VIRTUE OF AN EXECUTION AND NO
EXECUTION OR OTHER JUDICIAL PROCESS SHALL ISSUE AGAINST THE SAME. NO
JUDGMENT AGAINST THE AUTHORITY SHALL BE A CHARGE UPON REAL PROPERTY OR
CHATTELS REAL OF THE AUTHORITY. THIS CLAUSE SHALL NOT LIMIT THE RIGHTS
OF MORTGAGEES AND PLEDGEES TO ENFORCE THEIR LIEN OR OTHER RIGHTS BY ANY
APPROPRIATE SUIT, ACTION OR PROCEEDING.
2. ANY PURCHASER AT A SALE OF PROPERTY OF THE AUTHORITY PURSUANT TO A
JUDGMENT IN AN ACTION TO FORECLOSE A MORTGAGE THEREON SHALL OBTAIN TITLE
FREE FROM ANY TRUST OR OTHER OBLIGATION TO OPERATE OR MAINTAIN SUCH
PROPERTY AS A LONG TERM HEALTH CARE FACILITY FOR NEW YORK STATE VETERANS
AND FREE FROM ANY OBLIGATION TO THE PUBLIC OR THE STATE AS TO ITS USE OR
DISPOSITION.
3. ANY CREDITOR OF THE AUTHORITY, INCLUDING A TRUSTEE FOR BONDHOLD-
ERS, SHALL HAVE THE RIGHT, SUBJECT TO ANY CONTRACTUAL LIMITATIONS BIND-
ING UPON SUCH CREDITOR OR TRUSTEE, AND SUBJECT TO THE PRIOR OR SUPERIOR
RIGHTS OF OTHERS,
(A) BY SUIT, ACTION OR SPECIAL PROCEEDING, TO ENFORCE HIS RIGHTS
AGAINST THE AUTHORITY AND THE BOARD, INCLUDING THE RIGHT TO REQUIRE THE
AUTHORITY AND THE BOARD TO COLLECT FEES AND REVENUES ADEQUATE TO CARRY
OUT ANY AGREEMENT AS TO, OR PLEDGE OF, SUCH FEES AND REVENUES AND TO
REQUIRE THE AUTHORITY AND THE BOARD TO CARRY OUT ANY OTHER COVENANTS AND
AGREEMENTS AND TO PERFORM ITS AND THEIR DUTIES UNDER THIS ARTICLE;
S. 202 7
(B) BY ACTION OR SUIT IN EQUITY TO REQUIRE THE AUTHORITY TO ACCOUNT AS
IF IT WERE THE TRUSTEE OF AN EXPRESS TRUST;
(C) BY ACTION OR SUIT IN EQUITY TO ENJOIN ANY ACTS OR THINGS WHICH MAY
BE UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF SUCH CREDITOR;
(D) IN THE DISCRETION OF THE COURT TO THE APPOINTMENT OF A RECEIVER OF
THE PROPERTY OF THE AUTHORITY OR ANY PART OR PARTS THEREOF, WHO MAY
ENTER AND TAKE POSSESSION OF THE PROPERTY OF THE AUTHORITY OR ANY PART
OR PARTS THEREOF, AND OPERATE AND MAINTAIN THE SAME AND COLLECT AND
RECEIVE ALL FEES, RENTALS AND OTHER REVENUES THEREAFTER ARISING THERE-
FROM IN THE SAME MANNER AS THE AUTHORITY ITSELF MIGHT DO, AND SHALL
DEPOSIT ALL SUCH MONEYS IN A SEPARATE ACCOUNT AND APPLY THE SAME IN
ACCORDANCE WITH THE OBLIGATIONS OF THE AUTHORITY AS THE COURT SHALL
DIRECT. THE AUTHORITY MAY GIVE THE HOLDERS OF ITS BONDS OR ANY TRUSTEE
FOR THEIR BENEFIT BY AGREEMENT THE RIGHT TO THE APPOINTMENT OF A RECEIV-
ER.
S 2489-J. EXEMPTION FROM TAXATION. THE CONSTRUCTION, MAINTENANCE AND
OPERATION OF ANY LONG TERM HEALTH CARE FACILITY FOR NEW YORK STATE
VETERANS BY THE AUTHORITY IS IN ALL RESPECTS FOR THE BENEFIT OF THE
PEOPLE OF THE STATE OF NEW YORK FOR THE INCREASE OF THEIR HEALTH,
CONVENIENCE AND WELFARE, AND THE AUTHORITY SHALL BE REGARDED AS PERFORM-
ING A GOVERNMENTAL FUNCTION IN CARRYING OUT ITS CORPORATE PURPOSE AND
SHALL BE REQUIRED TO PAY NO TAXES OR ASSESSMENTS OF ANY KIND WHATSOEVER
UPON ANY OF THE PROPERTY ACQUIRED BY IT, WHICH SAID PROPERTY SHALL BE
EXEMPT FROM TAXATION SO LONG AS THE SAME IS OWNED OR POSSESSED BY THE
AUTHORITY, OR UPON ITS ACTIVITIES IN THE OPERATION AND MAINTENANCE OF
SUCH VETERANS FACILITIES OR UPON ANY REVENUES OR OTHER INCOME RECEIVED
BY IT, AND ANY MORTGAGE OF REAL PROPERTY EXECUTED, GIVEN OR MADE BY THE
AUTHORITY SHALL BE EXEMPT FROM ANY TAX IMPOSED ON THE RECORDING THEREOF
AND ANY PERSON OR CORPORATION OWNING ANY DEBT OR OBLIGATION OF THE
AUTHORITY SECURED BY ANY MORTGAGE OF ITS REAL PROPERTY SHALL BE EXEMPT
FROM ANY TAX ON THE RECORDING OF SUCH MORTGAGE. NOTHING IN THIS SECTION
SHALL BE CONSTRUED, HOWEVER, TO IMPRESS ANY TRUST UPON SUCH PROPERTY AS
SUCH OR TO LIMIT THE ABSOLUTE CHARACTER OF ANY TITLE WHICH MAY BE
DERIVED THROUGH THE AUTHORITY BY SALE OR THE FORECLOSURE OF ANY LIEN OR
MORTGAGE THEREON.
S 2489-K. RULES AND REGULATIONS RELATING TO LONG TERM HEALTH CARE
FACILITIES FOR NEW YORK STATE VETERANS. THE CONSTRUCTION AND USE OF LONG
TERM HEALTH CARE FACILITIES FOR NEW YORK STATE VETERANS SHALL BE SUBJECT
TO THE RULES AND REGULATIONS OF THE AUTHORITY; PROVIDED, HOWEVER, THAT
THE AUTHORITY SHALL HAVE NO AUTHORITY TO ALTER OR CHANGE ANY OF THE
FACILITIES HEREBY PLACED UNDER THE AUTHORITY OR TO DO ANYTHING WHICH
WILL IMPAIR THE SECURITY OF THE BONDHOLDERS OR VIOLATE LIMITATIONS
CONTAINED IN ANY AGREEMENT WITH THE BONDHOLDERS.
S 2489-L. JURISDICTION IN CERTAIN SUITS AGAINST THE AUTHORITY. 1.
EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF CLAIMS TO
HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE AUTHORITY (A)
FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR BREACH OF A
CONTRACT RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, MAINTE-
NANCE OR OPERATION, IN THE SAME MANNER AND TO THE EXTENT PROVIDED BY AND
SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT WITH RESPECT TO
CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER JUDGMENTS THERE-
FOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID
OUT OF MONIES OF THE AUTHORITY.
2. AN ACTION AGAINST THE AUTHORITY FOR DEATH, PERSONAL INJURY OR PROP-
ERTY DAMAGE OR FOUNDED ON TORT SHALL NOT BE COMMENCED MORE THAN ONE YEAR
AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFORE SHALL HAVE OCCURRED,
S. 202 8
NOR UNLESS A NOTICE OF CLAIM SHALL BE SERVED ON AN OFFICER OR EMPLOYEE
OF THE AUTHORITY DESIGNATED BY THE AUTHORITY FOR SUCH PURPOSE, WITHIN
THE TIME LIMITED BY AND IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.
S 2489-M. MEMBERS AND EMPLOYEES NOT TO PROFIT. NO OFFICER, MEMBER OR
EMPLOYEE OF THE AUTHORITY SHALL RECEIVE OR MAY BE LAWFULLY ENTITLED TO
RECEIVE ANY PECUNIARY PROFIT FROM THE OPERATION THEREOF EXCEPT REASON-
ABLE COMPENSATION FOR SERVICES IN EFFECTING ONE OR MORE OF ITS PURPOSES
HEREIN SET FORTH.
S 2489-N. EQUAL EMPLOYMENT OPPORTUNITY AND MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISE PROGRAMS. 1. ALL CONTRACTS ENTERED INTO BY THE
AUTHORITY PURSUANT TO THIS TITLE OF WHATEVER NATURE AND ALL DOCUMENTS
SOLICITING BIDS OR PROPOSALS THEREFOR SHALL CONTAIN OR MAKE REFERENCE TO
THE FOLLOWING PROVISIONS:
(A) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
CANTS FOR EMPLOYMENT BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
SEX, AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE THAT MINORITY GROUP
PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
MENT, JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION, TRANSFER, LAYOFF,
TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND SELECTION
FOR TRAINING AND RETRAINING, INCLUDING APPRENTICESHIP AND ON-THE-JOB
TRAINING.
(B) AT THE REQUEST OF THE AUTHORITY, THE CONTRACTOR SHALL REQUEST EACH
EMPLOYMENT AGENCY, LABOR UNION, OR AUTHORIZED REPRESENTATIVE OF WORKERS
WITH WHICH IT HAS A COLLECTIVE BARGAINING OR OTHER AGREEMENT OR UNDER-
STANDING AND WHICH IS INVOLVED IN THE PERFORMANCE OF THE CONTRACT WITH
THE AUTHORITY TO FURNISH A WRITTEN STATEMENT THAT SUCH EMPLOYMENT AGEN-
CY, LABOR UNION OR REPRESENTATIVE SHALL NOT DISCRIMINATE BECAUSE OF
RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR MARITAL
STATUS AND THAT SUCH UNION OR REPRESENTATIVE WILL COOPERATE IN THE
IMPLEMENTATION OF THE CONTRACTOR'S OBLIGATIONS HEREUNDER.
(C) THE CONTRACTOR SHALL STATE, IN ALL SOLICITATIONS OR ADVERTISEMENTS
FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR IN THE PERFORM-
ANCE OF THE CONTRACT WITH THE AUTHORITY THAT ALL QUALIFIED APPLICANTS
WILL BE AFFORDED EQUAL EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR
MARITAL STATUS.
(D) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (A)
THROUGH (C) OF THIS SUBDIVISION IN EVERY SUBCONTRACT OR PURCHASE ORDER
IN SUCH A MANNER THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCON-
TRACTOR OR VENDOR AS TO ITS WORK IN CONNECTION WITH THE CONTRACT WITH
THE AUTHORITY.
2. THE AUTHORITY SHALL ESTABLISH MEASURES, PROCEDURES AND GUIDELINES
TO ENSURE THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE MEANINGFUL
PROGRAMS TO EMPLOY AND PROMOTE QUALIFIED MINORITY GROUP MEMBERS AND
WOMEN. SUCH PROCEDURES MAY REQUIRE AFTER NOTICE IN A BID SOLICITATION,
THE SUBMISSION OF A MINORITY AND WOMEN WORKFORCE UTILIZATION PROGRAM
PRIOR TO THE AWARD OF ANY CONTRACT, OR AT ANY TIME THEREAFTER, AND MAY
REQUIRE THE SUBMISSION OF COMPLIANCE REPORTS RELATING TO THE OPERATION
AND IMPLEMENTATION OF ANY WORKFORCE UTILIZATION PROGRAM ADOPTED HERE-
UNDER. THE AUTHORITY MAY TAKE APPROPRIATE ACTION, INCLUDING THE IMPOSI-
TIONS OF SANCTIONS FOR NON-COMPLIANCE TO EFFECTUATE THE PROVISIONS OF
THIS SECTION AND SHALL BE RESPONSIBLE FOR MONITORING COMPLIANCE WITH
THIS TITLE.
S. 202 9
3. IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS TITLE, MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES SHALL BE GIVEN THE OPPORTUNITY FOR
MEANINGFUL PARTICIPATION. THE AUTHORITY SHALL ESTABLISH QUANTIFIABLE
STANDARDS AND MEASURES AND PROCEDURES TO SECURE MEANINGFUL PARTICIPATION
AND IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR WHICH MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES MAY BEST BID TO ACTIVELY AND AFFIRMA-
TIVELY PROMOTE AND ASSIST THEIR PARTICIPATION IN PROJECTS, SO AS TO
FACILITATE THE AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTERPRISES;
PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
LIMIT THE ABILITY OF THE AUTHORITY TO ASSURE THAT QUALIFIED MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES MAY PARTICIPATE IN THE PROGRAM. FOR
PURPOSES HEREOF, MINORITY BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS
ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE
CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE
STOCK OR OTHER VOTING INTEREST IS OWNED BY CITIZENS OR PERMANENT RESI-
DENT ALIENS WHO ARE BLACK, HISPANIC, ASIAN, AMERICAN INDIAN, PACIFIC
ISLANDER, OR ALASKAN NATIVE, AND SUCH OWNERSHIP INTEREST IS REAL,
SUBSTANTIAL AND CONTINUING AND HAS THE AUTHORITY TO INDEPENDENTLY
CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE
YEAR; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS ENTER-
PRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE CASE OF
A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK TO
OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESI-
DENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTAN-
TIAL AND CONTINUING AND HAS THE AUTHORITY TO INDEPENDENTLY CONTROL THE
DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE YEAR.
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT THE
ABILITY OF ANY MINORITY BUSINESS ENTERPRISE TO BID ON ANY CONTRACT.
4. IN ORDER TO IMPLEMENT THE REQUIREMENTS AND OBJECTIVES OF THIS
SECTION, THE AUTHORITY SHALL ESTABLISH PROCEDURES TO MONITOR CONTRACTORS
COMPLIANCE WITH PROVISIONS HEREOF, PROVIDE ASSISTANCE IN OBTAINING
COMPETING QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TO
PERFORM CONTRACTS PROPOSED TO BE AWARDED, IMPOSE CONTRACTUAL SANCTIONS
FOR NON-COMPLIANCE, AND TAKE OTHER APPROPRIATE MEASURES TO IMPROVE THE
ACCESS OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TO THESE
CONTRACTS.
S 2489-O. AUDIT AND ANNUAL REPORTS. THE ACCOUNTS OF THE AUTHORITY
SHALL BE SUBJECT TO THE SUPERVISION OF THE STATE COMPTROLLER AND AN
ANNUAL AUDIT SHALL BE PERFORMED BY AN INDEPENDENT CERTIFIED ACCOUNTANT
SELECTED BY THE STATE DIVISION OF THE BUDGET. THE AUTHORITY SHALL SUBMIT
ANNUALLY TO THE GOVERNOR, THE STATE COMPTROLLER, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, A DETAILED REPORT PURSU-
ANT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER,
WHICH REPORT SHALL BE VERIFIED BY THE PRESIDENT OF THE AUTHORITY. THE
AUTHORITY SHALL COMPLY WITH THE PROVISIONS OF SECTIONS TWENTY-EIGHT
HUNDRED ONE, TWENTY-EIGHT HUNDRED TWO AND TWENTY-EIGHT HUNDRED THREE OF
THIS CHAPTER.
S 2489-P. AUTHORITY SUBJECT TO OPEN MEETINGS LAW. THE AUTHORITY SHALL
BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW
RELATING TO THE OPEN MEETINGS LAW.
S 2489-Q. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEFFEC-
TIVE. IF ANY SECTION, CLAUSE OR PROVISION OF THIS TITLE SHALL BE UNCON-
STITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT
IS NOT UNCONSTITUTIONAL OR INEFFECTIVE IT SHALL BE VALID AND EFFECTIVE
AND NO OTHER SECTION, CLAUSE OR PROVISION SHALL ON ACCOUNT THEREOF BE
DEEMED INVALID OR INEFFECTIVE.
S. 202 10
S 2489-R. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED. INSOFAR
AS THE PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF
ANY OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF THIS TITLE SHALL BE
CONTROLLING.
S 2. This act shall take effect immediately.
