S T A T E O F N E W Y O R K
________________________________________________________________________
5099
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, the private housing finance law
and the public authorities law, in relation to public employee housing
and promulgating rules and regulations for programs administered where
state appropriations are received
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
159-d to read as follows:
S 159-D. PUBLIC EMPLOYEE HOMEOWNERSHIP ASSISTANCE FUND. 1. NOTWITH-
STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, WHERE AN
AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGANIZATION ENTERED
INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER SO PROVIDES, A PUBLIC
EMPLOYER MAY ESTABLISH A PUBLIC EMPLOYEE HOMEOWNERSHIP ASSISTANCE FUND
TO PROVIDE EMPLOYEES IN A POSITION REPRESENTED BY SUCH EMPLOYEE ORGAN-
IZATION WITH FINANCIAL ASSISTANCE IN THE PURCHASE OF A HOME INCLUDING
BUT NOT LIMITED TO DOWN PAYMENT ASSISTANCE. TERMS AND CONDITIONS OF
BENEFITS PROVIDED THROUGH THIS FUND SHALL BE ADMINISTERED PURSUANT TO
THE AGREEMENT. THE PUBLIC EMPLOYEE HOMEOWNERSHIP ASSISTANCE FUND SHALL
BE FUNDED AT A LEVEL AND FOR THE PERIOD OF TIME AS DETERMINED BY SUCH
AGREEMENT AND ANY INTEREST OR OTHER EARNINGS ATTRIBUTABLE TO THE MONEY
HELD IN SUCH FUND SHALL BE UTILIZED WITH SUCH MONEY FOR THE PURPOSE SET
FORTH IN THIS SECTION.
2. FOR THE PURPOSES OF THIS SECTION THE TERM:
(A) "PUBLIC EMPLOYER" SHALL MEAN (I) THE STATE OF NEW YORK, (II) A
COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL
DIVISION OF THE STATE, (III) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTI-
TY OPERATING A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (IV) A PUBLIC
IMPROVEMENT OR SPECIAL DISTRICT, (V) A PUBLIC AUTHORITY, COMMISSION OR
PUBLIC BENEFIT CORPORATION, OR (VI) ANY OTHER PUBLIC CORPORATION, AGEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10586-01-9
S. 5099 2
CY, INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL
POWER UNDER THE LAWS OF THE STATE.
(B) "EMPLOYEE ORGANIZATION" MEANS AN ORGANIZATION WHICH REPRESENTS
EMPLOYEES OF THE PUBLIC EMPLOYER PURSUANT TO ARTICLE FOURTEEN OF THIS
CHAPTER.
S 2. Section 44 of the private housing finance law is amended by
adding a new subdivision 32 to read as follows:
32. TO PROMULGATE RULES AND REGULATIONS FOR EACH PROGRAM IT ADMINIS-
TERS AND FOR WHICH STATE APPROPRIATIONS ARE RECEIVED, PROVIDING WHEREVER
PRACTICABLE A PREFERENCE FOR PUBLIC EMPLOYEES NOT TO EXCEED FIVE PERCENT
OF TOTAL PROGRAM PARTICIPATION. FOR THE PURPOSES OF THIS SECTION A
PUBLIC EMPLOYEE SHALL MEAN ANY PERSON HOLDING A POSITION BY APPOINTMENT
OR EMPLOYMENT IN THE SERVICE OF (1) THE STATE OF NEW YORK, (2) A COUNTY,
CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION
OF THE STATE, (3) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING
A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (4) A PUBLIC IMPROVEMENT OR
SPECIAL DISTRICT, (5) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
CORPORATION, OR (6) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
TY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC EMPLOYEE MUST BE
OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
ERENCE IS GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
LIMITATIONS.
S 3. Subdivision 12 of section 45-a of the private housing finance
law, as amended by chapter 261 of the laws of 1988, is amended and a new
subdivision 13 is added to read as follows:
[10.] 12. Notwithstanding the provisions of article one-A of the
public authorities law, contracts entered into by the corporation pursu-
ant to articles eighteen and eighteen-A of this chapter shall not be
subject to the provisions of article one-A of the public authorities
law.
13. THE CORPORATION IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
RULES AND REGULATIONS FOR EACH PROGRAM IT ADMINISTERS AND FOR WHICH
STATE APPROPRIATIONS ARE RECEIVED, PROVIDING WHEREVER PRACTICABLE A
PREFERENCE FOR PUBLIC EMPLOYEES NOT TO EXCEED FIVE PERCENT OF TOTAL
PROGRAM PARTICIPATION. FOR THE PURPOSES OF THIS SECTION A PUBLIC
EMPLOYEE SHALL MEAN ANY PERSON HOLDING A POSITION BY APPOINTMENT OR
EMPLOYMENT IN THE SERVICE OF (A) THE STATE OF NEW YORK, (B) A COUNTY,
CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION
OF THE STATE, (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING
A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (D) A PUBLIC IMPROVEMENT OR
SPECIAL DISTRICT, (E) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
CORPORATION, OR (F) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
TY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC EMPLOYEE MUST BE
OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
ERENCE IS GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
LIMITATIONS.
S 4. Section 45-b of the private housing finance law is amended by
adding a new subdivision 11 to read as follows:
11. THE CORPORATION IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
RULES AND REGULATIONS FOR EACH PROGRAM IT ADMINISTERS AND FOR WHICH
STATE APPROPRIATIONS ARE RECEIVED, PROVIDING WHEREVER PRACTICABLE A
PREFERENCE FOR PUBLIC EMPLOYEES NOT TO EXCEED FIVE PERCENT OF TOTAL
PROGRAM PARTICIPATION. FOR THE PURPOSES OF THIS SECTION A PUBLIC EMPLOY-
EE SHALL MEAN ANY PERSON HOLDING A POSITION BY APPOINTMENT OR EMPLOYMENT
S. 5099 3
IN THE SERVICE OF (A) THE STATE OF NEW YORK, (B) A COUNTY, CITY, TOWN,
VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE
STATE, (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A
PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (D) A PUBLIC IMPROVEMENT OR
SPECIAL DISTRICT, (E) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
CORPORATION, OR (F) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
TY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC EMPLOYEE MUST BE
OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
ERENCE IS GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
LIMITATIONS.
S 5. Section 2404 of the public authorities law is amended by adding a
new subdivision 31 to read as follows:
(31) TO PROMULGATE RULES AND REGULATIONS FOR EACH PROGRAM IT ADMINIS-
TERS AND FOR WHICH STATE APPROPRIATIONS ARE RECEIVED, PROVIDING WHEREVER
PRACTICABLE A PREFERENCE FOR PUBLIC EMPLOYEES NOT TO EXCEED FIVE PERCENT
OF TOTAL PROGRAM PARTICIPATION. FOR THE PURPOSES OF THIS SECTION A
PUBLIC EMPLOYEE SHALL MEAN ANY PERSON HOLDING A POSITION BY APPOINTMENT
OR EMPLOYMENT IN THE SERVICE OF (A) THE STATE OF NEW YORK, (B) A COUNTY,
CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION
OF THE STATE, (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING
A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (D) A PUBLIC IMPROVEMENT OR
SPECIAL DISTRICT, (E) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT
CORPORATION, OR (F) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALI-
TY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE
LAWS OF THE STATE. IN ORDER TO BE ELIGIBLE, A PUBLIC EMPLOYEE MUST BE
OTHERWISE QUALIFIED FOR PARTICIPATION IN THE PROGRAM FOR WHICH THE PREF-
ERENCE IS GRANTED, INCLUDING BUT NOT LIMITED TO SATISFACTION OF INCOME
LIMITATIONS.
S 6. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that any and all rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or before
such effective date.