Senate Bill S8218

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

                                  8218

                            I N  S E N A T E

                              June 16, 2010
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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,
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

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

                                                           LBD15049-05-0

S. 8218                             2

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.