Bill Text: NY A10756 | 2017-2018 | General Assembly | Amended


Bill Title: Authorizes the dormitory authority to construct and finance regional juvenile detention facilities.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-07-31 - signed chap.173 [A10756 Detail]

Download: New_York-2017-A10756-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10756--A
                   IN ASSEMBLY
                                      May 16, 2018
                                       ___________
        Introduced  by  M. of A. STECK, McDONALD, FAHY, WOERNER -- read once and
          referred to the Committee on Corporations, Authorities and Commissions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
        AN  ACT  to amend the public authorities law, in relation to authorizing
          the dormitory authority to construct  and  finance  regional  juvenile
          detention facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
     2  public authorities law is amended by adding a new undesignated paragraph
     3  to read as follows:
     4    Any  not-for-profit  corporation formed pursuant to an inter-municipal
     5  agreement among two or more counties within this state  to  assist  said
     6  counties in acquiring, financing, constructing, reconstructing, remodel-
     7  ing, enlarging, altering, repairing, operating, managing, leasing, sell-
     8  ing  or  otherwise disposing of a joint county detention facility estab-
     9  lished in accordance with section two hundred eighteen-a of  the  county
    10  law.
    11    §  2.  Subdivision  1 of section 1680 of the public authorities law is
    12  amended by adding a new undesignated paragraph to read as follows:
    13    Any not-for-profit corporation formed pursuant to  an  inter-municipal
    14  agreement  among  two  or more counties within this state to assist said
    15  counties in acquiring, financing, constructing, reconstructing, remodel-
    16  ing, enlarging, altering, repairing, operating, managing, leasing, sell-
    17  ing or otherwise disposing of a joint county detention  facility  estab-
    18  lished  in  accordance with section two hundred eighteen-a of the county
    19  law.
    20    § 3. Subdivision 2 of section 1680 of the public  authorities  law  is
    21  amended by adding a new paragraph l to read as follows:
    22    1.  (1)  For  purposes of this section, the following provisions shall
    23  apply to the powers in connection with the provision of detention facil-
    24  ities certified by the office of children and family services or by such
    25  office in conjunction with the state commission of correction, including
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15827-03-8

        A. 10756--A                         2
     1  any joint county  detention  facility  established  in  accordance  with
     2  section  two  hundred eighteen-a of the county law, or for the provision
     3  of residential facilities licensed by the office of children and  family
     4  services including all necessary and usual attendant and related facili-
     5  ties and equipment.
     6    (2) Notwithstanding any other provision of law, the office of children
     7  and  family  services,  the  division  of the budget, any county and any
     8  entity as listed above shall have full power and authority to enter into
     9  such agreements with the dormitory authority as are necessary or  useful
    10  to   finance   and/or  construct  detention  or  residential  facilities
    11  described above, including without limitation, such agreements that  may
    12  provide  for  or warrant the uninterrupted provision of fees and amounts
    13  necessary to pay debt service on any obligations issued by the dormitory
    14  authority for same, and to assign and pledge to the dormitory authority,
    15  any and all public funds to be apportioned or otherwise made payable  by
    16  the  United States, any agency thereof, the state, any agency thereof, a
    17  political subdivision, as defined in section one hundred of the  general
    18  municipal  law,  any  social services district in the state or any other
    19  governmental entity  in  an  amount  sufficient  to  make  all  payments
    20  required  to  be made by any such entity as listed above pursuant to any
    21  lease, sublease,  pledge  agreement  or  other  agreement  entered  into
    22  between  any  such  entity as listed above, any county and the dormitory
    23  authority; any  such  agreement  shall  not  constitute  indebtness  for
    24  purposes of the state constitution or section 20.00 of the local finance
    25  law,  and shall not be deemed either executory or to create any contrac-
    26  tual obligation in excess of the amounts appropriated annually for  such
    27  purpose. All state and local officers are hereby authorized and required
    28  to pay all such funds so assigned and pledged to the dormitory authority
    29  or, upon the direction of the dormitory authority, to any trustee of any
    30  dormitory authority bond or note issued, pursuant to a certificate filed
    31  with any such state or local officer by the dormitory authority pursuant
    32  to the provisions of this section.
    33    § 4. This act shall take effect immediately.
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