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A01203 Summary:

BILL NOA01203
 
SAME ASNo Same As
 
SPONSORKim
 
COSPNSR
 
MLTSPNSR
 
Add §1680-s, amd §1676, Pub Auth L
 
Authorizes the Dormitory Authority to provide public financing options to build new police facilities in areas that currently have one police precinct or facility covering 300,000 or more people.
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A01203 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1203
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Corporations, Authorities and Commissions
 
        AN  ACT  to amend the public authorities law, in relation to authorizing
          the Dormitory Authority to provide public financing options  to  build
          new police facilities in certain areas

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 1680-s to read as follows:
     3    §  1680-s.  Authority financing of additional police precincts. 1. The
     4  dormitory authority is hereby  authorized  to  finance  eligible  police
     5  precinct  facilities  and  buildings  in any area in which three hundred
     6  thousand people or more are served by one police precinct.
     7    2. (a) Subject to the provisions of chapter fifty-nine of the laws  of
     8  two  thousand and to the making of annual appropriations therefor by the
     9  legislature, in order to assist the dormitory authority in providing for
    10  the financing of additional police precincts, the director of the budget
    11  is authorized in any state fiscal year commencing April first, two thou-
    12  sand twenty-six or any state fiscal year thereafter to enter into one or
    13  more service contracts, none of which shall exceed thirty years in dura-
    14  tion, with the dormitory authority, upon such terms as the  director  of
    15  the budget and the dormitory authority agree.
    16    (b)  Any  service  contract  entered into pursuant to paragraph (a) of
    17  this subdivision or any payments made or to be made  thereunder  may  be
    18  assigned  and  pledged  by  the  dormitory authority as security for its
    19  bonds, notes, or other obligations.
    20    (c) Any such service contracts shall provide that  the  obligation  of
    21  the director of the budget or of the state to fund or to pay the amounts
    22  therein provided for shall not constitute a debt of the state within the
    23  meaning  of  any  constitutional or statutory provision in the event the
    24  dormitory authority assigns or pledges the service contract payments  as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01889-01-5

        A. 1203                             2
 
     1  security  for its bonds, notes, or other obligations and shall be deemed
     2  executory only to the extent monies are available and that no  liability
     3  shall  be  incurred  by  the  state  beyond the monies available for the
     4  purpose, and that such obligation is subject to annual appropriations by
     5  the legislature.
     6    (d)  Any  service  contract or contracts entered into pursuant to this
     7  subdivision shall provide for state commitments to provide  annually  to
     8  the dormitory authority a sum or sums, upon such terms and conditions as
     9  shall  be  deemed appropriate by the director of the budget, to fund the
    10  principal, interest, or other related payments required for  any  bonds,
    11  notes,  or  other obligations of the dormitory authority issued pursuant
    12  to this section.
    13    3. (a) To obtain funds for the purposes of this section, the authority
    14  shall have power from time to time to issue negotiable bonds  or  notes.
    15  Unless  the context shall clearly indicate otherwise, whenever the words
    16  "bond" or "bonds" are used in this section, such words shall  include  a
    17  note or notes of the authority.
    18    (b)  The  dormitory authority shall not issue any bonds or notes in an
    19  amount in excess of fifty million  dollars  for  the  purposes  of  this
    20  section;  excluding  bonds  or  notes  issued  to  fund one or more debt
    21  service reserve funds, to pay costs of issuance of such bonds, and bonds
    22  or notes issued to refund or otherwise repay such bonds or notes  previ-
    23  ously issued. Except for purposes of complying with the internal revenue
    24  code,  any  interest  on  bond  proceeds  shall only be used to pay debt
    25  service on such bonds.
    26    (c) In computing for the purposes of paragraph (b)  of  this  subdivi-
    27  sion,  the aggregate amount of indebtedness evidenced by bonds and notes
    28  of the dormitory authority issued pursuant to this title, there shall be
    29  excluded the amount of such indebtedness represented by  such  bonds  or
    30  notes  issued to refund or otherwise repay bonds or notes; provided that
    31  the amount so excluded under this paragraph  may  exceed  the  principal
    32  amount  of  such  bonds or notes that were issued to refund or otherwise
    33  repay only if the present value of the aggregate  debt  service  on  the
    34  refunding  or  repayment  bonds  or  notes shall not have at the time of
    35  their issuance exceeded the present value of the aggregate debt  service
    36  of  the bonds or notes they were issued to refund or repay, such present
    37  value in each case being calculated by using the effective interest rate
    38  of the refunding or repayment bonds or notes, which shall be  that  rate
    39  arrived  at  by doubling the semi-annual interest rate (compounded semi-
    40  annually) necessary to discount the debt service payments on the refund-
    41  ing or repayment bonds or notes from the payment  date  thereof  to  the
    42  date  of  issue  of the refunding or repayment bonds or notes and to the
    43  price bid therefor, or to the proceeds received by the dormitory author-
    44  ity from the sale thereof, in  each  case  including  estimated  accrued
    45  interest.
    46    (d)  The state of New York hereby covenants with the purchasers, hold-
    47  ers, and owners from time to time of the bonds of the  authority  issued
    48  pursuant  to this section that it will not, subject to the provisions of
    49  paragraph (c) of  subdivision  two  of  this  section,  repeal,  revoke,
    50  rescind, modify, or amend the provisions of this section which relate to
    51  the  making  of  annual  service contract payments to the authority with
    52  respect to such bonds as to limit, impair,  or  impede  the  rights  and
    53  remedies  granted  to bondholders under this title or otherwise diminish
    54  the security pledged to such purchasers, holders, and owners or  signif-
    55  icantly impair the prospect of payment of any such bond.

        A. 1203                             3
 
     1    § 2. Section 1676 of the public authorities law is amended by adding a
     2  new subdivision 37 to read as follows:
     3    37. "Eligible police precinct facilities" shall mean a project for the
     4  design,  acquisition,  construction,  rehabilitation  or  improvement of
     5  police precinct facilities as set forth  in  an  agreement  between  the
     6  authority  and the director of the budget providing for the financing of
     7  such improvements.
     8    § 3. This act shall take effect immediately.
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