S03692 Summary:

BILL NOS03692B
 
SAME ASNo same as
 
SPONSORPERKINS
 
COSPNSRTHOMPSON
 
MLTSPNSR
 
Amd SS2425, 2426, 2427, 2429-a & 2429-b, add S2428-b, Pub Auth L; amd S19, Chap 555 of 1989
 
Relates to the NYS interim short-term financing account; amends chapter 555 of the laws of 1989 relating to establishing a NYS interim short-term financing account within the state of New York Mortgage Agency, in relation to the effective date.
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S03692 Actions:

BILL NOS03692B
 
03/27/2009REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
04/24/2009AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
04/24/2009PRINT NUMBER 3692A
01/06/2010REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
05/06/2010AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
05/06/2010PRINT NUMBER 3692B
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S03692 Floor Votes:

There are no votes for this bill in this legislative session.
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S03692 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3692--B
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     March 27, 2009
                                       ___________
 
        Introduced by Sens. PERKINS, THOMPSON -- read twice and ordered printed,
          and  when  printed  to  be committed to the Committee on Corporations,
          Authorities and Commissions --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Corporations, Authorities and  Commis-

          sions   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the public authorities law, in relation to the New  York
          state interim short-term financing account and to amend chapter 555 of
          the  laws  of 1989 amending the public authorities law and other laws,
          relating to establishing a New York state infrastructure  trust  fund,
          in  relation  to interim short-term financing account within the state
          of New York mortgage agency mortgage insurance fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  2425 of the public authorities law is amended by
     2  adding a new closing paragraph to read as follows:

     3    Also, it is hereby found and declared that it is in the public  inter-
     4  est  to provide the opportunity for interim short-term financing for the
     5  state of New York mortgage agency's  mortgage  acquisition  programs  to
     6  further expand the agency's mission to provide affordable housing to low
     7  and moderate income first-time homebuyers.
     8    § 2. Section 2426 of the public authorities law is amended by adding a
     9  new subdivision 23 to read as follows:
    10    23.  "Interim  short-term  financing  support".  Authority granted the
    11  state of New York mortgage agency ("SONYMA") to use the  monies  in  its
    12  mortgage  insurance  fund  to  acquire  mortgage loans pending obtaining
    13  long-term financing.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09087-06-0

        S. 3692--B                          2
 
     1    § 3. The opening paragraph of section 2427 of the  public  authorities
     2  law,  as  amended by chapter 3 of the laws of 2004, is amended and a new
     3  subdivision 11 is added to read as follows:
     4    The  agency  shall  have  the  following  additional  powers only with
     5  respect to insuring mortgage loans [and], providing  development  corpo-
     6  ration credit support, and interim short-term financing support:
     7    11.  To provide for interim short-term financing support for the state

     8  of New York mortgage agency's single family programs.
     9    § 4. The public authorities law is amended by  adding  a  new  section
    10  2428-b to read as follows:
    11    §  2428-b.  Interim  short-term  financing  support.  1. The agency is
    12  authorized, subject to the provisions of this title, to  provide  short-
    13  term  interim  financing  support  for the agency's mortgage acquisition
    14  programs by making monies in the mortgage insurance fund  available  for
    15  the purpose of providing funds to acquire mortgage loans until such time
    16  as permanent financing becomes available.
    17    2.  The  board  of directors of the agency, by a vote of a majority of
    18  all of its members or of a committee thereof so empowered, shall approve

    19  the terms of the interim short-term financing loans.
    20    3. On or before the fifteenth day of May in each year, the chairman of
    21  the board of the agency shall report to the members on any disbursements
    22  made from the interim short-term financing account for  the  consecutive
    23  twelve-month  period  ending  on  the  thirty-first  day of March in the
    24  preceding year.
    25    § 5. Section 2429-a of the public authorities law, as amended by chap-
    26  ter 3 of the laws of 2004, is amended to read as follows:
    27    § 2429-a. Payment of insurance [and], development  corporation  credit
    28  support,  and  interim short-term financing support. 1. The agency shall
    29  establish procedures to be followed by a mortgagee in  the  event  of  a

    30  default under the terms of any mortgage insured by the agency. The agen-
    31  cy  may  require  that  prior  to  submitting  a claim to the agency for
    32  payment of insurance the mortgagee shall take such actions with  respect
    33  to  the  property securing the defaulted mortgage as may be specified by
    34  the agency to be satisfactory evidence of a continuing default,  includ-
    35  ing  but not limited to the following: (i) becoming lawfully the mortga-
    36  gee in possession thereof; (ii) causing a receiver to  be  appointed  of
    37  such  property;  (iii) obtaining voluntary conveyance of the mortgagor's
    38  right and title to such property; or (iv) obtaining by foreclosure clear
    39  and unencumbered title to such property, all in such manner as the agen-
    40  cy may require. Following submission of a valid claim the  agency  shall
    41  pay  an  amount  which  shall  not  exceed  the  lesser  of (1) the then

    42  outstanding insured principal amount of the mortgage multiplied  by  the
    43  per  centum  of  such outstanding amount insured by the agency and a per
    44  centum of the mortgagee's cost arising from the  default,  inclusive  of
    45  public  liens  and delinquent and unpaid interest, all as the agency may
    46  from time to time allow, which per  centum  shall  not  exceed  the  per
    47  centum  of  the outstanding principal indebtedness insured by the agency
    48  or (2) the insured amount of the mortgage at the date  of  execution  of
    49  the  insurance contract or its latest amendment, if any, except that the
    50  agency shall pay the greater of the two amounts on claims  by  a  public
    51  employee  pension  fund, or by a public benefit corporation derived from
    52  the sale of notes or bonds issued by said corporation, provided that  no
    53  more  than the actual loss suffered by such public employee pension fund

    54  or public benefit corporation shall be paid. Such payment may be made by
    55  the agency in a lump sum, or in partial payments made within such period

        S. 3692--B                          3
 
     1  of time as may be agreed to between the agency and the mortgagee, all in
     2  accordance with procedures to be established by the agency.
     3    2. The agency shall establish, by contract or otherwise, procedures to
     4  be  followed  with respect to development corporation credit support for
     5  which the development corporation credit support account has been deter-
     6  mined by the agency to be a source or potential source of payment.
     7    3. The agency shall establish by contract or otherwise, procedures  to
     8  be  followed with respect to making interim short-term financing support
     9  for the temporary acquisition of mortgage loans.

    10    § 6. Section 2429-b of the  public  authorities  law,  as  amended  by
    11  section  13  of  chapter  3  of  the laws of 2004, is amended to read as
    12  follows:
    13    § 2429-b. Mortgage insurance fund. 1. (a) The agency shall create  and
    14  establish  a mortgage insurance fund. Within such fund, the agency shall
    15  establish: (i) a special account, which shall be  divided  into  sub-ac-
    16  counts  for  each region as defined in subdivision nine of section twen-
    17  ty-four hundred twenty-six of this title;  (ii)  a  single  family  pool
    18  insurance  account; (iii) a project pool insurance account; [and] (iv) a
    19  development corporation credit  support  account;  and  (v)  an  interim
    20  short-term  financing  account. The single family pool insurance account
    21  shall be used for all business relating to the insurance of mortgages on

    22  properties with one to four dwelling units, the project  pool  insurance
    23  account  shall  be  used  for  all business relating to the insurance of
    24  mortgages on properties other than  those  with  one  to  four  dwelling
    25  units, [and] the development corporation credit support account shall be
    26  used  for  all  business  relating  to  development  corporation  credit
    27  support, and the interim short-term financing account shall be used  for
    28  all  business relating to interim short-term financing support. Separate
    29  sub-accounts may be established within the  special  account,  the  pool
    30  insurance  accounts,  [and]  the  development corporation credit support
    31  account and the interim short-term financing account as deemed appropri-
    32  ate by the agency.
    33    (b) (i) The mortgage insurance fund shall be used as a revolving  fund

    34  for  carrying out the provisions of this title with respect to mortgages
    35  insured and development corporation credit support  and  interim  short-
    36  term  financing support, provided thereunder.  (ii) The agency shall pay
    37  into such fund all moneys which may be made available to the agency  for
    38  the  purposes of such fund from any source, including but not limited to
    39  the moneys received from recording officers pursuant to  the  provisions
    40  of  subdivision two of section two hundred sixty-one of the tax law. The
    41  agency shall credit the amount of moneys  received  from  the  recording
    42  officer  of  each  county,  pursuant  to  subdivision two of section two
    43  hundred sixty-one of the tax law, to the special account. In any  fiscal
    44  year,  no  more  than  fifty  per centum of the amount received from the
    45  recording officers during the consecutive twelve month period ending  on

    46  the  preceding  March  thirty-first  may  be  used by the agency for the
    47  purpose of insuring mortgages on property  located  in  any  one  region
    48  pursuant to section two thousand four hundred twenty-eight of this part,
    49  provided,  however,  that this provision shall not include or be applied
    50  to pool insurance  or  primary  mortgage  insurance  of  mortgage  loans
    51  purchased  by the agency. The agency shall credit any other moneys which
    52  may be made available to the agency for the purposes of such  fund  from
    53  any  other  source to the special account, the single family pool insur-
    54  ance account, the project pool insurance account, [or]  the  development
    55  corporation  credit support account, or the interim short-term financing
    56  account as appropriate. Any income or interest earned by,  or  increment


        S. 3692--B                          4
 
     1  to,  the  mortgage insurance fund due to the investment thereof shall be
     2  credited to the special account, the applicable pool insurance  account,
     3  [or]  the  development  corporation  credit  support account, or interim
     4  short-term financing account, as appropriate.
     5    (c) The agency may credit from the special account to the single fami-
     6  ly  pool insurance account, to the project pool insurance account and to
     7  the development corporation credit support account such  moneys  as  are
     8  required  to  satisfy  the  mortgage  insurance fund requirement of such
     9  accounts, except that during any twelve-month  period  ending  on  March
    10  thirty-first  the  aggregate  amount  credited to the development corpo-
    11  ration credit support account (excluding amounts described in  the  last

    12  sentence  of  paragraph  (b)  of  this subdivision) shall not exceed the
    13  lesser of (i) fifty million dollars or (ii) the aggregate of the amounts
    14  required under the contracts executed by the agency to provide  develop-
    15  ment  corporation  support.    The  agency  may  credit from the special
    16  account to the interim short-term financing account such moneys  as  are
    17  in excess of the amounts required to satisfy the mortgage insurance fund
    18  requirements  of  the  single family pool insurance account, the project
    19  pool insurance account, and the development corporation  credit  support
    20  account.
    21    (d)  Moneys,  investments and cash equivalents of the special account,
    22  the single family pool insurance account,  the  project  pool  insurance

    23  account  [and],  the development corporation credit support account, and
    24  the interim short-term financing account  shall  be  kept  separate  and
    25  shall not be commingled with each other or with any other accounts which
    26  may  be established from time to time, except as otherwise authorized by
    27  this section.
    28    (e) Moneys, investments and cash equivalents  of  the  pool  insurance
    29  accounts  [and], the development corporation credit support account, and
    30  the interim short-term financing account  shall  be  excluded  from  the
    31  excess balance calculation set forth in subdivision two of this section.
    32  However,  if  at  any  time the moneys, investments and cash equivalents
    33  (valued as determined by the agency) of either  pool  insurance  account

    34  [or], the development corporation credit support account, or the interim
    35  short-term  financing  account exceed the amount necessary to attain and
    36  maintain the credit rating or, with respect to  development  corporation
    37  credit support, credit worthiness (as determined by the agency) required
    38  to  accomplish  the  purposes  of such account the agency shall transfer
    39  such excess to the special account and such excess shall be included  in
    40  the excess balance calculation.
    41    1-a. All moneys held in the mortgage insurance fund, except as herein-
    42  after  provided,  shall  be used, as required, solely for the payment of
    43  the agency's liabilities arising from mortgages insured as  provided  in
    44  section  twenty-four  hundred twenty-nine-a of this part [and], from the

    45  provision of development  corporation  credit  support  as  provided  in
    46  section  twenty-four  hundred  twenty-eight-a of this part, and from the
    47  provision of interim short-term financing support as provided in section
    48  twenty-four hundred twenty-eight-b of this part; provided, however, that
    49  no moneys shall be withdrawn from any account at any time in such amount
    50  as would reduce the amount  of,  as  applicable,  the  special  account,
    51  either  pool  insurance  account  or  the development corporation credit
    52  support account to less than  its  applicable  mortgage  insurance  fund
    53  requirement,  except  for  the purpose of paying such liabilities as the
    54  same become due and for the payment of which other moneys of the  agency
    55  are  not available. All payments pursuant to section twenty-four hundred

    56  twenty-nine-a of this part, and expenses attributable thereto  shall  be

        S. 3692--B                          5
 
     1  debited  to  the  special  account  or  the single family pool insurance
     2  account or the project pool insurance account or the development  corpo-
     3  ration  credit  support  account  or  the  interim  short-term financing
     4  account,  as  appropriate, within the mortgage insurance fund. All other
     5  operating expenses of the agency with respect to insurance of  mortgages
     6  [and],  providing  development  corporation  credit support, and interim
     7  short-term financing support shall be debited to  the  special  account,
     8  the  single  family  pool  insurance account, the project pool insurance

     9  account [or] the development corporation credit support account  or  the
    10  interim short-term financing account within the mortgage insurance fund,
    11  as appropriate.
    12    2.  On  or before March twentieth in each year, the board of directors
    13  of the agency shall determine the amount estimated to be received by the
    14  agency from the additional tax imposed pursuant to subdivision one-a  of
    15  section  two  hundred  fifty-three  of  the tax law and deposited in the
    16  mortgage insurance fund and credited to the  special  account  plus  any
    17  other  monies  deposited  in  such  account  plus the amount of reserves
    18  available in such special account with respect to  mortgage  loans  that
    19  were  previously  insured in accordance with section twenty-four hundred
    20  twenty-eight of this part, or  development  corporation  credit  support

    21  previously  provided  pursuant  to  section  twenty-four hundred twenty-
    22  eight-a of this part under  contracts  or  commitments  that  have  been
    23  satisfied  or  cancelled, or interim short-term financing support previ-
    24  ously made available pursuant to  section  twenty-four  hundred  twenty-
    25  eight-b  of  this part that has been repaid, pursuant to subdivision one
    26  of this section, except charges and fees levied by the  agency  pursuant
    27  to  section  twenty-four hundred twenty-nine-c of this part, which shall
    28  be added in the computation only when such a commitment is cancelled  or
    29  expires  or  when  the  insurance  or contractual arrangement to provide
    30  development corporation credit support or interim  short-term  financing
    31  support applied for is declared effective. Such determination made on or

    32  before  March  twentieth  in each year shall be made for the consecutive
    33  twelve-month period ending on the  subsequent  March  thirty-first.  The
    34  board shall then determine the estimated excess balance, if any, in such
    35  special  account  by determining the amount by which such credits exceed
    36  twenty per centum, or such other per centums or amounts as may have been
    37  established by the board of directors of the agency pursuant to subdivi-
    38  sion seven of section twenty-four hundred twenty-eight of this part,  of
    39  the amounts insured or committed to be insured and the amounts of devel-
    40  opment  corporation credit support established by the board of directors
    41  of the agency pursuant to section twenty-four hundred twenty-eight-a  of
    42  this  part,  and  the amounts of interim short-term financing support as
    43  may have been established by the board of directors of the agency pursu-

    44  ant to section twenty-four hundred twenty-eight-b of  this  part  to  be
    45  provided during such twelve-month period plus any payments by the agency
    46  during  such twelve-month period on account of a mortgage [or], develop-
    47  ment corporation credit support contract entered into or interim  short-
    48  term  financing  support provided during such twelve-month period ending
    49  on such March thirty-first, plus the operating expenses  of  the  agency
    50  during  such  twelve-month period with respect to insurance of mortgages
    51  or provision of development corporation credit support or interim short-
    52  term financing support, which amount may not exceed an amount determined
    53  and certified by the director of the budget, with  notification  to  the
    54  chairman  of  the  senate finance committee and chairman of the assembly

    55  ways and means committee. On or before May fifteenth,  the  board  shall
    56  determine  any  adjustment  to the estimated excess balance necessary to

        S. 3692--B                          6
 
     1  reflect the variance, if any, between such estimated excess balance  and
     2  the  actual  excess balance computed as of March thirty-first, and shall
     3  certify such adjustment to the director of the budget. The agency  shall
     4  include  such  adjustment  in the estimated excess balance determination
     5  for the following fiscal year, unless otherwise instructed by the direc-
     6  tor of the budget. The agency shall submit to the director of the budget
     7  an estimate of such operating expenses on or before the  tenth  business
     8  day in March of each year and the director of the budget shall make such
     9  certification before March twentieth of each year.

    10    Upon  making  the  determination  of the estimated excess balance, the
    11  agency shall certify such determination to the director of  the  budget,
    12  the  chairmen  of the senate finance committee and the assembly ways and
    13  means committee, and the comptroller. Payment of such  actual  or  esti-
    14  mated  excess balance shall be made within ninety days after March twen-
    15  tieth. The agency shall, at the direction of the director of the budget,
    16  pay such estimated or actual excess balance, if any,  from  the  special
    17  account  to  the  comptroller  for  deposit  to  the state general fund;
    18  provided, however, that if the aggregate amount in the  special  account
    19  as  of  such  date is less than the mortgage insurance fund requirement,
    20  the agency shall retain all or that portion of  any  such  estimated  or
    21  actual  excess balance in such special account necessary to increase the

    22  aggregate amount in such special account to the mortgage insurance  fund
    23  requirement. The director of the budget shall notify the chairmen of the
    24  senate  finance  committee and the assembly ways and means committee ten
    25  days prior to the issuance of the directive in respect to the payment of
    26  the estimated or actual excess balance to the general fund.
    27    Further provided, however, that the budget  to  be  submitted  to  the
    28  legislature  by  the governor pursuant to article seven of the constitu-
    29  tion shall separately state the  amount  of  such  estimated  or  actual
    30  excess balance determined as hereinabove prescribed, if any, which shall
    31  be  included in the monies and revenues estimated to be available during
    32  the current and ensuing fiscal years, respectively.
    33    3. The moneys, other than the monies in the interim short-term financ-

    34  ing account when invested in mortgage  loans,  in  such  fund  shall  be
    35  deposited  in  one  or  more  banks or trust companies designated in the
    36  manner provided by law, as depositories of the funds of the  state.  The
    37  agency  may  invest  the moneys in such fund in obligations specified in
    38  subdivision four of this section. Any interest earned  or  capital  gain
    39  realized  on  the  money  so  deposited  or invested shall accrue to and
    40  become part of such fund. The separate identity of such  fund  shall  be
    41  maintained whether its assets consist of cash or investments or both.
    42    4.  Moneys  in  such fund, other than moneys in the interim short-term
    43  financing account, may be invested (a) in special time deposit  accounts
    44  in, or certificates of deposit issued by, a bank, trust company, savings

    45  bank  or savings and loan association located and authorized to do busi-
    46  ness in this state, provided, however, that such time deposit account or
    47  certificate of deposit shall be payable within such time as the proceeds
    48  may be needed to meet expenditures estimated to be incurred by the agen-
    49  cy and provided further that such time deposit account or certificate of
    50  deposit be secured by a pledge of obligations of the  United  States  of
    51  America  or  obligations  of  the state, any city of the state, or other
    52  municipal corporation, school district or district  corporation  of  the
    53  state  or  obligations  of agencies of the federal government; or (b) in
    54  obligations of the United States of America or the state which may  from
    55  time  to  time be legally purchased by savings banks within the state as
    56  an investment of funds belonging to them or  in  their  control,  or  in

        S. 3692--B                          7
 
     1  obligations  of  the Federal National Mortgage Association provided such
     2  obligations shall be payable or redeemable at the option  of  the  owner
     3  within  such  times  as  the proceeds may be needed to meet expenditures
     4  estimated to be incurred by the agency.
     5    Moneys  in  the  interim short-term financing account shall be used to
     6  acquire mortgage loans of the agency pending the agency obtaining  long-
     7  term  financing  for the purchase thereof, which mortgage loans shall be
     8  deemed investments of the interim short-term financing account. At  such
     9  time as the agency obtains long-term financing for the purchase of mort-
    10  gage  loans  on  deposit  in the interim short-term financing account as

    11  investments thereof, the agency shall purchase said mortgage  loans  and
    12  the  moneys  shall  be  deposited  in  the  interim short-term financing
    13  account. Moneys in the interim short-term financing account that are not
    14  invested in mortgage loans as set forth herein shall be invested as  set
    15  forth in paragraph (b) of this subdivision.
    16    5.  In  computing  the  amount  of the mortgage insurance fund for the
    17  purposes of this section, securities in which all or a portion  of  such
    18  fund shall be invested shall be valued at par if purchased at par, or if
    19  purchased  at  other than par, at amortized value. Amortized value, when
    20  used with respect to securities  purchased  at  a  premium  above  or  a
    21  discount  below  par, shall mean the value as of any given date obtained

    22  by dividing the total premiums or discount at which such securities were
    23  purchased by the number of interest payments remaining  to  maturity  on
    24  such  securities  after  such  purchase and by multiplying the amount so
    25  calculated by the number of interest payment dates having  passed  since
    26  the  date  of such purchase; and (i) in the case of securities purchased
    27  at a premium by deducting the product thus obtained  from  the  purchase
    28  price,  and  (ii)  in  the case of securities purchased at a discount by
    29  adding the product thus obtained to the purchase price.
    30    6. The agency may create and establish such other fund or funds as may
    31  be necessary  or  desirable  for  the  carrying  out  of  its  corporate
    32  purposes.
    33    § 7. Subdivision 1 of section 2429-b of the public authorities law, as
    34  amended  by  section  14 of chapter 3 of the laws of 2004, is amended to

    35  read as follows:
    36    1. The agency shall create and establish a  mortgage  insurance  fund.
    37  Within  such  fund,  the agency shall establish a special account, which
    38  shall be divided into sub-accounts for each region as defined in  subdi-
    39  vision  nine  of  section  twenty-four  hundred  twenty-six of this part
    40  [and]; a development corporation credit support account, and an  interim
    41  short-term financing account. The development corporation credit support
    42  account  shall  be  used  for all business related to development corpo-
    43  ration credit support, and  the  interim  short-term  financing  account
    44  shall  be used for all business relating to interim short-term financing
    45  support.  Separate sub-accounts may be established within  the  develop-

    46  ment  corporation  credit  support  account  and  the interim short-term
    47  financing account as deemed appropriate  by  the  agency.  The  mortgage
    48  insurance  fund  shall  be used as a revolving fund for carrying out the
    49  provisions of this title with respect to mortgages insured and to devel-
    50  opment corporation support  and  interim  short-term  financing  support
    51  provided  thereunder.  The  agency  shall  pay into such fund all moneys
    52  which may be made available to the agency for the purposes of such  fund
    53  from  any  source, including but not limited to the moneys received from
    54  recording officers pursuant to the  provisions  of  subdivision  two  of
    55  section  two  hundred  sixty-one of the tax law. The agency shall credit
    56  the amount of moneys received from the recording officer of each county,


        S. 3692--B                          8
 
     1  pursuant to subdivision two of section two hundred sixty-one of the  tax
     2  law,  to  the  special account. In any calendar year, no more than fifty
     3  per centum of the amount received from the recording officers and  cred-
     4  ited  to  the special account during the consecutive twelve month period
     5  ending on the preceding December thirty-first may be used by the  agency
     6  for  the  purpose  of  insuring mortgages on property located in any one
     7  region pursuant to section two thousand  four  hundred  twenty-eight  of
     8  this  part provided, that this provision shall not include or be applied
     9  to pool insurance  on  primary  mortgage  insurance  of  mortgage  loans
    10  purchased by the agency.  The agency shall credit any other moneys which
    11  may  be  made available to the agency for the purposes of such fund from

    12  any other source to the special account or the  development  corporation
    13  credit  support  account or the interim short-term financing account, as
    14  appropriate. Any income or interest earned  by,  or  increment  to,  the
    15  mortgage  insurance fund due to the investment thereof shall be credited
    16  to the special account or the development corporation credit account  or
    17  the interim short-term financing account, as appropriate.
    18    §  8. Subdivision 1-a of section 2429-b of the public authorities law,
    19  as amended by section 15 of chapter 3 of the laws of 2004, is amended to
    20  read as follows:
    21    1-a. All moneys held in the mortgage insurance fund, except as herein-
    22  after provided, shall be used, as required, solely for  the  payment  of
    23  the  agency's  liabilities arising from mortgages insured as provided in

    24  section twenty-four hundred twenty-nine-a of  this  part  and  from  the
    25  provision  of  development  corporation  credit  support  as provided in
    26  section twenty-four hundred twenty-eight-a of this part,  and  from  the
    27  provision of interim short-term financing support as provided in section
    28  twenty-four hundred twenty-eight-b of this part; provided, however, that
    29  no moneys shall be withdrawn from any account at any time in such amount
    30  as would reduce the amount of, as applicable, the special account or the
    31  development corporation credit support account to less than its applica-
    32  ble  mortgage  insurance  fund  requirement,  except  for the purpose of
    33  paying such liabilities as the same become due and for  the  payment  of
    34  which  other moneys of the agency are not available. All payments pursu-

    35  ant to section twenty-four  hundred  twenty-nine-a  of  this  part,  and
    36  expenses attributable thereto shall be debited to the special account or
    37  the development corporation credit support account or the interim short-
    38  term  financing  account  within  the mortgage insurance fund. All other
    39  operating expenses of the agency with respect to insurance of  mortgages
    40  and  providing  development  corporation  credit  support  and providing
    41  interim short-term financing support shall be  debited  to  the  special
    42  account  or  the  development  corporation credit support account or the
    43  interim short-term financing account within the mortgage insurance fund,
    44  as appropriate.
    45    § 9. Section 19 of chapter 555 of the laws of 1989 amending the public

    46  authorities law and other laws relating to establishing a New York state
    47  infrastructure trust fund, as amended by chapter  192  of  the  laws  of
    48  2009, is amended to read as follows:
    49    §  19.  This  act shall take effect immediately and shall be deemed to
    50  have been in full force and effect on and after June 15,  1989  provided
    51  that  the  amendments  to  law effected by sections six and nine through
    52  seventeen of this act, as amended, shall cease to be of force and effect
    53  on and after July 16, [2011] 2012, on which date the provisions  of  the
    54  public authorities law amended by such sections shall be as they were in
    55  force  and  effect  immediately  prior  to  this  act taking effect, and
    56  provided however that the amendments to law effected by sections six and

        S. 3692--B                          9
 

     1  nine through seventeen of this act, as amended, shall continue to  apply
     2  to  all commitments issued or policies or development corporation credit
     3  support or interim short-term financing support in force  on  or  before
     4  July  16,  [2011]  2012,  and  provided  further  that the amendments to
     5  section 2429-b of the public authorities law made by section 13 of chap-
     6  ter 3 of the laws of 2004 which amended this section shall not cease  to
     7  be of force and effect prior to the time that full payment of all devel-
     8  opment  corporation credit support obligations has been made or provided
     9  for, and provided further that the amendments to section 2429-b  of  the
    10  public authorities law made by sections 6, 7 and 8 of the chapter of the
    11  laws  of 2010, which amended this section shall not cease to be of force

    12  and effect prior to the time that full payment of all interim short-term
    13  financing support obligations has been made or provided for.
    14    § 10. Construction. This act and all powers granted  hereby  shall  be
    15  liberally construed to effectuate its intent and their purposes, without
    16  implied limitations thereon. This act shall constitute full and complete
    17  authority  for all things herein contemplated to be done. All rights and
    18  powers herein granted shall be cumulative with those derived from  other
    19  sources  and  shall not, except as expressly stated herein, be construed
    20  in limitation thereof. Insofar as the provisions of this act are  incon-
    21  sistent  with  the  provisions of any other act, general or special, the
    22  provisions of this act shall be controlling.
    23    § 11. Severability clause. If any clause, sentence, paragraph, section

    24  or part of this act be adjudged by any court of  competent  jurisdiction
    25  to  be invalid, such judgment shall not affect, impair or invalidate the
    26  remainder hereof but shall be applied in its operation  to  the  clause,
    27  sentence,  paragraph,  section  or  part hereof directly involved in the
    28  controversy in which such judgment shall have been rendered.
    29    § 12. This act shall take effect immediately; provided, however, that:
    30    a. The comptroller of the state of New York shall notify the  legisla-
    31  tive  bill  drafting  commission  upon such enactment and allocation and
    32  shall also notify the commissioner when full payment of all obligations,
    33  including credit support obligations, has been made or provided for,  as
    34  enacted  by section 19 of chapter 555 of the laws of 1989, as amended by
    35  section nine of this act, in order that the commission may  maintain  an

    36  accurate and timely effective data base of the official text of the laws
    37  of  the  state of New York in furtherance of effecting the provisions of
    38  section 44 of the legislative law and section 70-b of the  public  offi-
    39  cers law.
    40    b.  The  amendments  to  subdivision 1 of section 2429-b of the public
    41  authorities law made by section six of this act shall be subject to  the
    42  expiration  and  reversion of such subdivision pursuant to section 19 of
    43  chapter 555 of the laws of 1989, as amended, when  upon  such  date  the
    44  provisions of section seven of this act shall take effect.
    45    c.  The  amendments to subdivision 1-a of section 2429-b of the public
    46  authorities law made by section six of this act shall be subject to  the
    47  expiration  and  reversion of such subdivision pursuant to section 19 of
    48  chapter 555 of the laws of 1989, as amended, when  upon  such  date  the

    49  provisions of section eight of this act shall take effect.
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