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

                                  6290

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 13, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 creating  the
  New York title guaranty authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 10-D of the public authorities law  is  amended  by
adding a new title 4 to read as follows:
                                 TITLE 4
                    NEW YORK TITLE GUARANTY AUTHORITY
SECTION 3974. SHORT TITLE.
        3975. NEW YORK TITLE GUARANTY AUTHORITY.
        3976. ADMINISTRATION OF THE AUTHORITY.
        3977. GENERAL POWERS OF THE AUTHORITY.
        3978. SPECIAL POWERS OF THE AUTHORITY.
        3979. NEW YORK TITLE GUARANTY FUND.
        3980. PARTICIPATING ATTORNEYS.
  S  3974.  SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"NEW YORK TITLE GUARANTY AUTHORITY ACT".
  S 3975. NEW YORK TITLE GUARANTY AUTHORITY. 1. THERE IS HEREBY  CREATED
THE NEW YORK TITLE GUARANTY AUTHORITY, TO INITIATE AND OPERATE A PROGRAM
WHICH  SHALL OFFER GUARANTIES OF REAL PROPERTY TITLES IN THIS STATE. THE
AUTHORITY SHALL BE A CORPORATE GOVERNMENTAL AGENCY  AND  INSTRUMENTALITY
OF THE STATE CONSTITUTING A PUBLIC BENEFIT CORPORATION.
  2.  IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, THE AUTHORITY MAY
ISSUE BONDS ONLY TO FINANCE COSTS, INCLUDING THE FUNDING OF BONDS ISSUED
BY THE AUTHORITY TO FINANCE COSTS, AND  FUND  RESERVES  TO  SECURE  SUCH
BONDS.
  3.  THE  AUTHORITY  AND  ITS  CORPORATE EXISTENCE SHALL CONTINUE UNTIL
TERMINATED BY LAW, PROVIDED, HOWEVER, THAT  NO  SUCH  TERMINATION  SHALL
TAKE  EFFECT  SO  LONG  AS THE AUTHORITY SHALL HAVE BONDS OR OTHER OBLI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14995-02-9
              

S. 6290                             2

GATIONS OUTSTANDING UNLESS ADEQUATE PROVISION  HAS  BEEN  MADE  FOR  THE
PAYMENT THEREOF.
  S  3976.  ADMINISTRATION  OF  THE AUTHORITY. 1. THE AUTHORITY SHALL BE
ADMINISTERED BY SEVEN DIRECTORS APPOINTED BY THE GOVERNOR, OF  WHOM  TWO
MEMBERS  SHALL  BE  APPOINTED  UPON  THE RECOMMENDATION OF THE TEMPORARY
PRESIDENT OF THE SENATE AND TWO MEMBERS  SHALL  BE  APPOINTED  UPON  THE
RECOMMENDATION  OF  THE SPEAKER OF THE ASSEMBLY. THE POWERS AS SET FORTH
IN THE BY-LAWS OF THE BOARD SHALL BE ESTABLISHED AND VESTED  IN  AND  BE
EXERCISED  BY  THE  MEMBERS  OF THE AUTHORITY AT AN INITIAL MEETING DULY
CALLED AND HELD AND FOUR MEMBERS SHALL CONSTITUTE A QUORUM.
  2. THE MEMBERS OF THE NEW YORK TITLE GUARANTY  AUTHORITY  BOARD  SHALL
RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
DUTIES.
  3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO  OFFICER,  MEMBER  OR
EMPLOYEE  OF  THE  STATE OF NEW YORK, ANY CITY, COUNTY, TOWN OR VILLAGE,
ANY GOVERNMENTAL ENTITY OPERATING ANY  PUBLIC  SCHOOL  OR  COLLEGE,  ANY
SCHOOL  DISTRICT  OR  ANY  OTHER  PUBLIC AGENCY OR INSTRUMENTALITY WHICH
EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE, SHALL FORFEIT
HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR  HER  ACCEPTANCE  OF
APPOINTMENT  AS  A  DIRECTOR,  OFFICER OR EMPLOYEE OF THE AUTHORITY, NOR
SHALL SERVICE AS SUCH DIRECTOR, OFFICER OR EMPLOYEE OF THE AUTHORITY  BE
DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE OR EMPLOYMENT.
  4. FOUR DIRECTORS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY
BUSINESS  OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. NO ACTION SHALL
BE TAKEN BY THE AUTHORITY EXCEPT PURSUANT TO  A  FAVORABLE  VOTE  OF  AT
LEAST  FOUR DIRECTORS PARTICIPATING IN A MEETING AT WHICH SUCH ACTION IS
TAKEN.
  5. THE AUTHORITY SHALL APPOINT A TREASURER AND  MAY  APPOINT  OFFICERS
AND AGENTS AS IT MAY REQUIRE AND PRESCRIBE THEIR DUTIES.
  S  3977.  GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
BY THIS TITLE, THE AUTHORITY SHALL HAVE THE FOLLOWING POWERS IN ADDITION
TO THOSE SPECIALLY CONFERRED ELSEWHERE IN THIS TITLE,  SUBJECT  ONLY  TO
AGREEMENTS WITH BONDHOLDERS:
  1. TO SUE AND BE SUED;
  2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  3.  TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT AND,
SUBJECT TO AGREEMENTS WITH ITS BONDHOLDERS, TO MAKE AND ALTER RULES  AND
REGULATIONS  GOVERNING THE EXERCISE OF ITS POWERS AND FULFILLMENT OF ITS
PURPOSES UNDER THIS TITLE;
  4. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS  OR  AGREE-
MENTS  NECESSARY  OR  CONVENIENT  TO  CARRY OUT ANY POWERS AND FUNCTIONS
EXPRESSLY GIVEN IN THIS TITLE;
  5. TO COMMENCE ANY ACTION TO PROTECT OR ENFORCE  ANY  RIGHT  CONFERRED
UPON IT BY ANY LAW, CONTRACT OR OTHER AGREEMENT;
  6.  TO  BORROW  MONEY  AND  ISSUE BONDS, OR TO REFUND THE SAME, AND TO
PROVIDE FOR THE RIGHTS OF THE HOLDERS OF ITS BONDS;
  7. AS SECURITY FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON ANY
BONDS ISSUED BY IT PURSUANT TO THIS TITLE AND  ANY  AGREEMENTS  MADE  IN
CONNECTION  THEREWITH  AND FOR ITS OBLIGATIONS UNDER BOND FACILITIES, TO
PLEDGE ALL OR ANY PART OF ITS REVENUES OR ASSETS;
  8. TO ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS OF FUNDS OR  FINAN-
CIAL  OR OTHER AID IN ANY FORM FROM THE COUNTY, STATE OR FEDERAL GOVERN-
MENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY OTHER  SOURCE

S. 6290                             3

AND  TO EXPEND THE PROCEEDS FOR ANY OF ITS CORPORATE PURPOSES IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS TITLE;
  9.  SUBJECT  TO  THE  PROVISIONS  OF ANY CONTRACT WITH BONDHOLDERS, TO
INVEST ANY FUNDS HELD IN RESERVES OR SINKING FUNDS,  OR  ANY  FUNDS  NOT
REQUIRED  FOR  IMMEDIATE  USE  OR DISBURSEMENT, AT THE DISCRETION OF THE
AUTHORITY, IN (A) OBLIGATIONS OF THE STATE OR THE UNITED STATES  GOVERN-
MENT, (B) OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED
BY THE STATE OR THE UNITED STATES GOVERNMENT, (C) CERTIFICATES OF DEPOS-
IT,  WHETHER  NEGOTIABLE  OR NON-NEGOTIABLE, AND BANKER'S ACCEPTANCES OF
ANY OF THE FIFTY LARGEST BANKS IN THE UNITED STATES WHICH BANK,  AT  THE
TIME  OF INVESTMENT, HAS AN OUTSTANDING UNSECURED, UNINSURED AND UNGUAR-
ANTEED DEBT ISSUE RANKED IN EITHER OF THE TWO HIGHEST RATING  CATEGORIES
OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGENCIES, (D) COMMERCIAL
PAPER  OF  ANY  BANK OR CORPORATION CREATED UNDER THE LAWS OF EITHER THE
UNITED STATES OR ANY STATE OF THE UNITED STATES WHICH COMMERCIAL  PAPER,
AT  THE  TIME  OF THE INVESTMENT, HAS RECEIVED THE HIGHEST RATING OF TWO
NATIONALLY RECOGNIZED INDEPENDENT RATING  AGENCIES,  (E)  BONDS,  DEBEN-
TURES,  OR  OTHER EVIDENCES OF INDEBTEDNESS, ISSUED OR GUARANTEED AT THE
TIME OF THE INVESTMENT BY THE  FEDERAL  NATIONAL  MORTGAGE  ASSOCIATION,
FEDERAL  HOME  LOAN MORTGAGE CORPORATION, STUDENT LOAN MARKETING ASSOCI-
ATION, FEDERAL FARM CREDIT SYSTEM, OR ANY OTHER UNITED STATES GOVERNMENT
SPONSORED AGENCY, PROVIDED THAT AT THE TIME OF THE INVESTMENT SUCH AGEN-
CY RECEIVES, OR ITS OBLIGATIONS RECEIVE, ANY OF THE THREE HIGHEST RATING
CATEGORIES OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGENCIES, (F)
ANY BONDS OR OTHER OBLIGATIONS OF ANY STATE  OR  THE  UNITED  STATES  OF
AMERICA  OR  OF ANY POLITICAL SUBDIVISION THEREOF OR ANY AGENCY, INSTRU-
MENTALITY OR LOCAL GOVERNMENTAL UNIT OF  ANY  SUCH  STATE  OR  POLITICAL
SUBDIVISION WHICH BONDS OR OTHER OBLIGATIONS, AT THE TIME OF THE INVEST-
MENT,  HAVE  RECEIVED ANY OF THE THREE HIGHEST RATINGS OF TWO NATIONALLY
RECOGNIZED INDEPENDENT RATING AGENCIES,  (G)  ANY  REPURCHASE  AGREEMENT
WITH  ANY BANK OR TRUST COMPANY ORGANIZED UNDER THE LAWS OF ANY STATE OF
THE UNITED STATES OF AMERICA OR  ANY  NATIONAL  BANKING  ASSOCIATION  OR
GOVERNMENT  BOND  DEALER REPORTING TO, TRADING WITH, AND RECOGNIZED AS A
PRIMARY DEALER BY THE FEDERAL RESERVE BANK OF NEW YORK, WHICH  AGREEMENT
IS  SECURED  BY ANY ONE OR MORE OF THE SECURITIES DESCRIBED IN PARAGRAPH
(A), (B) OR (E) OF THIS SUBDIVISION WHICH SECURITIES SHALL AT ALL  TIMES
HAVE  A  MARKET VALUE OF NOT LESS THAN THE FULL AMOUNT OF THE REPURCHASE
AGREEMENT AND BE DELIVERED TO ANOTHER BANK OR  TRUST  COMPANY  ORGANIZED
UNDER  THE  LAWS  OF  NEW YORK STATE OR ANY NATIONAL BANKING ASSOCIATION
DOMICILED IN NEW YORK STATE, AS CUSTODIAN, AND  (H)  REVERSE  REPURCHASE
AGREEMENTS  WITH  ANY  BANK OR TRUST COMPANY ORGANIZED UNDER THE LAWS OF
ANY STATE OF THE UNITED STATES OF AMERICA OR ANY NATIONAL BANKING  ASSO-
CIATION OR GOVERNMENT BOND DEALER REPORTING TO, TRADING WITH, AND RECOG-
NIZED AS A PRIMARY DEALER BY THE FEDERAL RESERVE BANK OF NEW YORK, WHICH
AGREEMENT  IS  SECURED BY ANY ONE OR MORE OF THE SECURITIES DESCRIBED IN
PARAGRAPH (A), (B) OR (E) OF THIS SUBDIVISION WHICH SECURITIES SHALL  AT
ALL  TIMES  HAVE  A MARKET VALUE OF NOT LESS THAN THE FULL AMOUNT OF THE
REPURCHASE AGREEMENT AND BE DELIVERED TO ANOTHER BANK OR  TRUST  COMPANY
ORGANIZED UNDER THE LAWS OF NEW YORK STATE OR ANY NATIONAL BANKING ASSO-
CIATION DOMICILED IN NEW YORK STATE, AS CUSTODIAN;
  10.  TO  APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
PERFORMANCE OF ITS DUTIES AND TO FIX AND DETERMINE THEIR QUALIFICATIONS,
DUTIES, AND COMPENSATION, AND TO RETAIN OR EMPLOY COUNSEL, AUDITORS  AND
PRIVATE  FINANCIAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS OR
OTHERWISE FOR RENDERING PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND

S. 6290                             4

ADVICE; AND, IN TAKING SUCH ACTIONS, THE AUTHORITY  SHALL  CONSIDER  THE
FINANCIAL IMPACT ON THE COUNTY; AND
  11.  TO DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN  AND  GRANTED  IN  THIS
TITLE;  PROVIDED,  HOWEVER,  SUCH AUTHORITY SHALL UNDER NO CIRCUMSTANCES
ACQUIRE, HOLD OR TRANSFER TITLE TO, LEASE, OWN  BENEFICIALLY  OR  OTHER-
WISE,  MANAGE, OPERATE OR OTHERWISE EXERCISE CONTROL OVER ANY REAL PROP-
ERTY, ANY IMPROVEMENT TO REAL PROPERTY OR  ANY  INTEREST  THEREIN  OTHER
THAN  A  LEASE OR SUBLEASE OF OFFICE SPACE DEEMED NECESSARY OR DESIRABLE
BY THE AUTHORITY.
  S 3978. SPECIAL POWERS OF THE AUTHORITY.   THE NEW  YORK  STATE  TITLE
GUARANTY  AUTHORITY BOARD SHALL OFFER GUARANTIES OF REAL PROPERTY TITLES
IN THIS STATE. THE TERMS, CONDITIONS AND FORM OF THE GUARANTY  CONTRACTS
SHALL  BE  FORMS  APPROVED BY THE AUTHORITY.   THE AUTHORITY SHALL FIX A
CHARGE FOR THE GUARANTY IN AN AMOUNT SUFFICIENT TO PERMIT THE PROGRAM TO
OPERATE ON A SELF-SUSTAINING BASIS, INCLUDING PAYMENT OF  ADMINISTRATIVE
COSTS  AND  THE  MAINTENANCE OF AN ADEQUATE RESERVE AGAINST CLAIMS UNDER
THE TITLE GUARANTY PROGRAM.
  S 3979. NEW YORK TITLE GUARANTY FUND.   1. A TITLE  GUARANTY  FUND  IS
CREATED. FUNDS COLLECTED UNDER THIS PROGRAM SHALL BE PLACED IN THE TITLE
GUARANTY  FUND  AND  ARE AVAILABLE TO PAY ALL CLAIMS, NECESSARY RESERVES
AND ALL ADMINISTRATIVE COSTS OF THE TITLE GUARANTY  PROGRAM.  MONEYS  IN
THE FUND SHALL NOT REVERT TO THE GENERAL FUND AND INTEREST ON THE MONEYS
IN  THE  FUND  SHALL  REQUIRE  COSTS OF TITLE INSURANCE TO BE SUFFICIENT
ENOUGH TO INCLUDE FIFTY MILLION DOLLARS ANNUALLY FOR AFFORDABLE HOUSING,
FIFTY MILLION DOLLARS ANNUALLY TO ENSURE  THAT  THE  STATE'S  ROADS  AND
BRIDGES  ARE  IN  A STATE OF GOOD REPAIR, FIFTY MILLION DOLLARS ANNUALLY
FOR THE PURPOSE OF A STAR REBATE PROGRAM AND OTHER SUCH PURPOSES AS  MAY
BE REQUIRED BY THE LEGISLATURE AND THE GOVERNOR.
  2. A TITLE GUARANTY, CLOSING PROTECTION LETTER, OR GAP COVERAGE ISSUED
UNDER THIS PROGRAM IS AN OBLIGATION OF THE AUTHORITY ONLY AND CLAIMS ARE
PAYABLE  SOLELY  AND ONLY OUT OF THE MONEYS, ASSETS, AND REVENUES OF THE
TITLE GUARANTY FUND AND ARE NOT AN  INDEBTEDNESS  OR  LIABILITY  OF  THE
STATE.  THE  STATE  IS  NOT  LIABLE  ON ANY GUARANTY, CLOSING PROTECTION
LETTER, OR GAP COVERAGE.
  3. THE AUTHORITY SHALL CONSULT WITH THE INSURANCE DEPARTMENT IN DEVEL-
OPING A GUARANTY CONTRACT ACCEPTABLE TO THE SECONDARY MARKET AND  DEVEL-
OPING ANY OTHER FEATURE OF THE PROGRAM WITH WHICH THE INSURANCE DIVISION
MAY HAVE SPECIAL EXPERTISE. THE INSURANCE DEPARTMENT SHALL ESTABLISH THE
AMOUNT  FOR A LOSS RESERVE FUND. EXCEPT AS PROVIDED IN THIS SECTION, THE
TITLE GUARANTY PROGRAM IS NOT SUBJECT TO THE JURISDICTION  OF  OR  REGU-
LATION BY THE INSURANCE DEPARTMENT.
  S  3980.  PARTICIPATING ATTORNEYS.  1. EACH PARTICIPATING ATTORNEY AND
ABSTRACTOR MAY BE REQUIRED TO PAY AN  ANNUAL  PARTICIPATION  FEE  TO  BE
ELIGIBLE  TO PARTICIPATE IN THE TITLE GUARANTY PROGRAM. THE FEE, IF ANY,
SHALL BE SET BY THE AUTHORITY, SUBJECT TO THE APPROVAL OF THE BOARD.
  2. THE PARTICIPATION OF ABSTRACTORS AND ATTORNEYS SHALL BE IN  ACCORD-
ANCE WITH RULES ESTABLISHED BY THE BOARD.
  A. (1) EACH PARTICIPANT SHALL AT ALL TIMES MAINTAIN LIABILITY COVERAGE
IN  AMOUNTS  APPROVED  BY THE AUTHORITY.  UPON PAYMENT OF A CLAIM BY THE
AUTHORITY THE AUTHORITY SHALL BE SUBROGATED TO THE RIGHTS OF THE  CLAIM-
ANT AGAINST ALL PERSONS RELATING TO THE CLAIM.
  (2)  ADDITIONALLY, EACH PARTICIPATING ABSTRACTOR IS REQUIRED TO OWN OR
LEASE, AND  MAINTAIN  AND  USE  IN  THE  PREPARATION  OF  ABSTRACTS,  AN
UP-TO-DATE  ABSTRACT TITLE PLANT INCLUDING TRACT INDICES FOR REAL ESTATE
FOR EACH COUNTY IN WHICH ABSTRACTS ARE PREPARED FOR REAL PROPERTY TITLES

S. 6290                             5

GUARANTEED BY THE DIVISION. THE TRACT INDICES SHALL CONTAIN A  REFERENCE
TO  ALL  INSTRUMENTS AFFECTING THE REAL ESTATE WHICH ARE RECORDED IN THE
OFFICE OF THE COUNTY RECORDER, AND SHALL COMMENCE NOT  LESS  THAN  FORTY
YEARS  PRIOR  TO  THE DATE THE ABSTRACTOR COMMENCES PARTICIPATION IN THE
TITLE GUARANTY PROGRAM.  HOWEVER,  A  PARTICIPATING  ATTORNEY  PROVIDING
ABSTRACT  SERVICES  CONTINUOUSLY FROM NOVEMBER TWELFTH, NINETEEN HUNDRED
EIGHTY-SIX, TO THE DATE OF APPLICATION,  EITHER  PERSONALLY  OR  THROUGH
PERSONS  UNDER THE ATTORNEY'S SUPERVISION AND CONTROL IS EXEMPT FROM THE
REQUIREMENTS OF THIS SUBPARAGRAPH.
  B. THE AUTHORITY MAY WAIVE THE REQUIREMENTS OF THIS  SECTION  PURSUANT
TO  AN  APPLICATION  OF  AN  ATTORNEY OR ABSTRACTOR WHICH SHOWS THAT THE
REQUIREMENTS IMPOSE A HARDSHIP TO THE ATTORNEY OR  ABSTRACTOR  AND  THAT
THE  WAIVER CLEARLY IS IN THE PUBLIC INTEREST OR IS ABSOLUTELY NECESSARY
TO ENSURE AVAILABILITY OF TITLE GUARANTIES THROUGHOUT THE STATE.
  3. PRIOR TO THE ISSUANCE OF A  TITLE  GUARANTY,  THE  AUTHORITY  SHALL
REQUIRE  EVIDENCE  THAT AN ABSTRACT OF TITLE TO THE PROPERTY IN QUESTION
HAS BEEN BROUGHT UP-TO-DATE AND CERTIFIED BY A PARTICIPATING  ABSTRACTOR
IN  A  FORM  APPROVED BY AUTHORITY RULES AND A TITLE OPINION ISSUED BY A
PARTICIPATING ATTORNEY IN THE FORM APPROVED IN  THE  RULES  STATING  THE
ATTORNEY'S OPINION AS TO THE TITLE. THE AUTHORITY SHALL REQUIRE EVIDENCE
OF THE ABSTRACT BEING BROUGHT UP-TO-DATE AND THE ABSTRACTOR SHALL RETAIN
EVIDENCE OF THE ABSTRACT AS DETERMINED BY THE BOARD.
  4. THE ATTORNEY RENDERING A TITLE OPINION SHALL BE AUTHORIZED TO ISSUE
A TITLE GUARANTY CERTIFICATE SUBJECT TO THE RULES OF THE AUTHORITY.
  S 2. This act shall take effect immediately.