S T A T E   O F   N E W   Y O R K
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                                  8529

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M.  of  A.  V. LOPEZ, FITZPATRICK, TOWNSEND, OAKS, RAIA,
  QUINN, BALL, MOLINARO -- read once and referred to  the  Committee  on
  Housing

AN  ACT  to  amend  chapter 915 of the laws of 1982, amending the public
  authorities law relating to the powers of the state of New York  mort-
  gage  agency,  in relation to the effective date thereof; and to amend
  the public authorities law, in relation to the powers of the state  of
  New York mortgage agency

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

  Section 1. Section 16 of chapter 915 of the laws of 1982 amending  the
public  authorities  law relating to the powers of the state of New York
mortgage agency, as amended by chapter 148  of  the  laws  of  2008,  is
amended to read as follows:
  S  16.  This  act shall take effect immediately except that the amend-
ments to law effected by sections  one  through  ten  of  this  act,  as
amended,  shall  cease  to  be of force and effect on and after July 16,
[2009] 2010, on which date the provisions of the public authorities  law
amended by such sections shall be as they were in force and effect imme-
diately prior to this act taking effect.
  S 2. Section 2407 of the public authorities law, as amended by chapter
148 of the laws of 2008, is amended to read as follows:
  S  2407.  Bond limits. (1) Except for notes issued in nineteen hundred
seventy and nineteen hundred seventy-one, the  agency  shall  not  issue
bonds  and  notes,  the  interest  on which is not included in the gross
income of the holders of the bonds and notes  under  the  United  States
Internal Revenue Code of 1986, as amended, or any subsequent correspond-
ing internal revenue law of the United States, in an aggregate principal
amount  exceeding  eight  billion  [four]  SEVEN  hundred twenty million
dollars, excluding from such limitation  (a)  an  amount  equal  to  any
original  issue discount from the principal amount of any bonds or notes
issued, (b) bonds and notes  issued  to  refund  outstanding  bonds  and
notes,  and  (c)  bonds and notes not described in paragraph (b) of this
subdivision issued to refund outstanding bonds and notes  in  accordance

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09019-02-9

A. 8529                             2

with  the  provisions  of  the  Internal Revenue Code of 1986 or the Tax
Reform Act of 1986, as amended,  where  such  bonds  or  notes  are  not
included  in  the  statewide  volume  cap on private purpose bonds under
section  146  of  such  code  provided, however, that upon any refunding
pursuant to this paragraph or paragraph (b) of  this  subdivision,  such
exclusion  shall apply only to the extent that the amount of the refund-
ing bonds or notes does not exceed (i) the  outstanding  amount  of  the
refunded bonds or notes, plus (ii) to the extent permitted by applicable
federal tax law, costs of issuance of the refunding bonds or notes to be
financed  from  the  proceeds  of the refunding bonds or notes.  No such
bond or note shall be issued by the agency on or after  July  sixteenth,
two  thousand  [nine]  TEN,  excluding  bonds and notes issued to refund
outstanding bonds and notes. No more than five hundred  million  dollars
of  proceeds  of  bonds  or  notes issued by the agency pursuant to this
subdivision shall  be  used  for  mortgage  purposes  by  blending  with
proceeds of bonds issued pursuant to subdivision two of this section.
  (2)  In  connection  with  the  issuance  of  bonds for the purpose of
furthering programs described in this title, the agency is authorized to
covenant and consent that the interest on any of  its  bonds,  notes  or
other  obligations shall be includable, under the United States Internal
Revenue Code of 1986, as amended or any subsequent corresponding  inter-
nal revenue law of the United States, in the gross income of the holders
of the bonds to the same extent and in the same manner that the interest
on  bills,  bonds,  notes  or  other obligations of the United States is
includable in the gross income of the holders thereof under said  Inter-
nal  Revenue  Code or any such subsequent law. Pursuant to this subdivi-
sion, the agency shall not issue bonds, notes or other obligations in an
aggregate principal amount  exceeding  eight  hundred  million  dollars,
excluding  from such limitation bonds, notes or other obligations issued
to refund outstanding bonds, notes or other obligations. No  such  bond,
note  or other obligation shall be issued by the agency on or after July
sixteenth, two thousand [nine] TEN,  excluding  bonds,  notes  or  other
obligations  issued  to  refund  outstanding bonds, notes or other obli-
gations and no mortgages shall be purchased with the  proceeds  of  such
bonds,  notes  or other obligations after such date. The board of direc-
tors of the agency shall establish program guidelines  for  purposes  of
bonds,  notes  or other obligations issued pursuant to this subdivision.
The board of directors shall establish from time to time maximum  income
limits of persons eligible to receive mortgages financed by bonds, notes
or  other  obligations issued pursuant to this subdivision, which income
limits with respect to one-third of the total principal amount of  mort-
gages  authorized to be so financed shall not exceed one hundred twenty-
five percent of the latest maximum income  limits  permitted  under  the
Internal  Revenue  Code  of 1986, as amended, for mortgagors financed by
mortgage revenue bonds, with respect  to  one-third  of  such  principal
amount  authorized to be so financed, shall not exceed one hundred thir-
ty-five percent of such income limits, and with respect to one-third  of
such principal amount authorized to be so financed, shall not exceed one
hundred fifty percent of such limits.
  (3)  The fixing of the statutory maximums in this section shall not be
construed as constituting a contract between the agency and the  holders
of  its bonds or notes that additional bonds and notes may not be issued
subsequently by the agency in the event  that  such  statutory  maximums
shall subsequently be increased by law.
  S 3. This act shall take effect immediately.