S T A T E   O F   N E W   Y O R K
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    S. 5029                                                  A. 7179

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               May 6, 2013
                               ___________

IN  SENATE  --  Introduced  by Sens. LAVALLE, BOYLE, FLANAGAN, ZELDIN --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Corporations, Authorities and Commissions

IN  ASSEMBLY -- Introduced by M. of A. SWEENEY -- read once and referred
  to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to  the  Suffolk
  county judicial facilities agency and the H. Lee Dennison building

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

  Section 1. Subdivision 6 of section 2350-b of the  public  authorities
law,  as  amended by chapter 762 of the laws of 2005, is amended to read
as follows:
  6. "Construct", "Construction" or "Constructed" means the acquisition,
erection,  building,  alteration,  improvement,  increase,  enlargement,
extension,  reconstruction,  renovation or rehabilitation of the John P.
Cohalen court complex [and], the new replacement  correctional  facility
at  Yaphank,  THE H. LEE DENNISON BUILDING AND THE NORTH COUNTY COMPLEX;
the inspection and supervision thereof; and the  engineering,  architec-
tural,  legal,  fiscal and economic investigations and studies, surveys,
designs, plans, working drawings, specifications,  procedure  and  other
actions preliminary or incidental thereto.
  S  2.  Subdivisions 15 and 17 of section 2350-b of the public authori-
ties law, as amended by chapter 762 of the laws of 2005, are amended and
two new subdivisions 12-a and 13-a are added to read as follows:
  12-A. "H. LEE DENNISON BUILDING" MEANS THE H. LEE DENNISON BUILDING OF
THE SUFFOLK COUNTY GOVERNMENT LOCATED IN HAUPPAUGE, NEW YORK.
  13-A. "NORTH COUNTY COMPLEX" MEANS ONE OR MORE OF THE BUILDINGS OF THE
GOVERNMENT OF THE COUNTY OF SUFFOLK DESIGNATED BY THE COUNTY LEGISLATURE
IN THE NORTH COUNTY COMPLEX IN HAUPPAUGE, NEW YORK TO BE SOLD, LEASED OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10271-01-3

              

S. 5029                             2                            A. 7179

ASSIGNED  TO  THE  AGENCY  PURSUANT  TO  SUBDIVISION  ONE   OF   SECTION
TWENTY-THREE HUNDRED FIFTY-F OF THIS TITLE.
  15.  "Project"  means any acquisition, erection, building, alteration,
improvement, increase,  enlargement,  extension,  renovation,  rehabili-
tation  or relocation of the John P. Cohalen court complex [or], the new
replacement correctional facility at Yaphank, THE H. LEE DENNISON BUILD-
ING AND THE NORTH COUNTY COMPLEX, or any part thereof.
  17. "Properties" means the John P. Cohalen court complex [or], the new
replacement correctional facility at Yaphank, THE H. LEE DENNISON BUILD-
ING AND THE NORTH COUNTY COMPLEX, or any part thereof  or  appurtenances
or any property incidental thereto.
  S 3. Subdivision 1 of section 2350-c of the public authorities law, as
amended  by  chapter  762  of  the  laws  of 2005, is amended to read as
follows:
  1. A public corporation, to be known as the "Suffolk  county  judicial
facilities agency" is hereby created for the public purposes and charged
with the duties and having the powers provided in this title. The agency
shall  be  a  body  corporate  and politic constituting a public benefit
corporation, the objects of which in the  judgment  of  the  legislature
cannot  be attained under general laws. The governing body of the agency
shall consist of a body totaling six members, all of whom shall be resi-
dents of the county, one of whom shall be  appointed  by  the  presiding
officer  of  the  county legislature, without confirmation by the county
legislature, one of whom shall be appointed by the  minority  leader  of
the  county legislature, without confirmation by the county legislature,
two of whom shall be appointed by the county legislature but not subject
to review or veto by the county executive  and  two  of  whom  shall  be
appointed  by  the county executive but not subject to review or veto by
the county legislature. The terms of the members of the  governing  body
of  the  agency serving on the effective date of the chapter of the laws
of two thousand [five] THIRTEEN that [added this sentence] AMENDED  THIS
SECTION  shall expire on the sixtieth day following such effective date.
On or before the sixtieth day, six members shall  be  appointed  by  the
persons  having  the  authority  to  make  such  appointments under this
section. Former members of the governing body of the corporation may  be
reappointed  in the discretion of the appointing authority. The appoint-
ing authorities shall consult together in making their  appointments  in
an effort to achieve the goal of having at least one member of the board
with a background in each of the following areas of experience: finance,
operation  of correctional facilities, operation of judicial facilities,
construction, and real estate. Each member so appointed shall serve  for
a  term  of  three  years,  provided,  however,  that  the members first
appointed to the six member board  by  the  presiding  officer  and  the
minority  leader  of  the  county  legislature shall be appointed for an
initial term of two years and the members first  appointed  to  the  six
member board by the county legislature shall be appointed for an initial
term  of  four years.   Failure by any party to appoint any member shall
not invalidate the creation or establishment of  the  agency  and  shall
result  in the creation of a vacancy in the governing body of the agency
which may be filled at any time by such party. The clerk of  the  county
legislature shall notify the county executive and, after the appointment
of  the  initial  members, the agency, of each appointment setting forth
(a) the name of the agency and (b) the name of the member appointed  and
the  member's  term  of  office. All such members shall continue to hold
office until their successors are appointed and qualify. Vacancies shall
be filled in the manner provided for  original  appointment.  Vacancies,

S. 5029                             3                            A. 7179

occurring  otherwise  than  by  expiration  of  term of office, shall be
filled by appointment for the unexpired terms. Members  may  be  removed
from  office  by their appointing authority for inefficiency, neglect of
duty  or misconduct in office; provided, however, that such member shall
be given a copy of the charges against him or her and an opportunity  of
being  heard  in  person,  or by counsel, in his or her defense upon not
less than ten days notice.   Members of  the  agency  shall  receive  no
compensation  for their services, but may be reimbursed for their actual
and necessary expenses incurred in connection with the carrying  out  of
the purposes of this title.
  S 4. Section 2350-e of the public authorities law, as amended by chap-
ter 762 of the laws of 2005, is amended to read as follows:
  S  2350-e.  Governmental  capacity  of  the agency and the county. The
agency and the county, in  carrying  out  their  respective  powers  and
duties  under this title, shall be deemed to be acting in a governmental
capacity and in the performance of an essential governmental function.
  The John P. Cohalen court complex when held by the agency  and  either
leased  to  the  county, used for judicial purposes by the county or the
state or any state agency or the subject of a service agreement  between
the agency and the county shall continue to be regarded as being used in
the  performance  of an essential governmental function. For purposes of
the judiciary law, or any successor thereto or similar law providing for
the payment by the state of aid for the construction and, or,  operation
and  maintenance  of  facilities  for  occupancy by the judiciary of the
state, including personal functions ancillary thereto, the agency  shall
be considered a political subdivision of the state and shall be eligible
to  receive  all  state aid for the John P. Cohalen court complex to the
same extent as the county.
  The new replacement correctional facility at Yaphank, when held by the
agency and either leased to the county, used for  correctional  purposes
by  the  county  or  the  state or any state agency, or the subject of a
service agreement between the agency and the county shall continue to be
regarded as being used in the performance of an  essential  governmental
function.  For  purposes of the correction law, or any successor thereto
or similar law providing for the payment by the state  of  aid  for  the
construction  and,  or,  operation  and  maintenance  of  facilities for
correctional [proposes] PURPOSES, including personnel  functions  ancil-
lary  thereto, the agency shall be considered a political subdivision of
the state and shall be eligible to receive all state  aid  for  the  new
replacement  correctional  facility at Yaphank to the same extent as the
county.
  THE H. LEE DENNISON BUILDING AND THE NORTH COUNTY COMPLEX,  WHEN  HELD
BY  THE  AGENCY  AND  EITHER LEASED TO THE COUNTY, USED FOR GOVERNMENTAL
PURPOSES BY THE COUNTY OR THE STATE OR ANY STATE AGENCY, OR THE  SUBJECT
OF  A SERVICE AGREEMENT BETWEEN THE AGENCY AND THE COUNTY SHALL CONTINUE
TO BE REGARDED AS BEING USED IN THE PERFORMANCE OF AN ESSENTIAL  GOVERN-
MENTAL  FUNCTION.  FOR  PURPOSES OF ANY GENERAL OR SPECIAL LAW PROVIDING
FOR THE PAYMENT BY THE STATE OF AID FOR THE CONSTRUCTION AND, OR, OPERA-
TION AND MAINTENANCE OF FACILITIES FOR GOVERNMENTAL PURPOSES,  INCLUDING
PERSONNEL  FUNCTIONS ANCILLARY THERETO, THE AGENCY SHALL BE CONSIDERED A
POLITICAL SUBDIVISION OF THE STATE AND SHALL BE ELIGIBLE TO RECEIVE  ALL
STATE  AID FOR THE H. LEE DENNISON BUILDING AND THE NORTH COUNTY COMPLEX
TO THE SAME EXTENT AS THE COUNTY.
  S 5. Subdivision 1 of section 2350-f of the public authorities law, as
amended by chapter 762 of the laws  of  2005,  is  amended  to  read  as
follows:

S. 5029                             4                            A. 7179

  1.  The  county is hereby authorized, by a majority vote of the county
legislature, subject to review and veto of the county executive  in  the
manner  set forth in the county charter, to sell, lease or assign to the
agency any or all right, title and interest of the county in and to  the
John  P.  Cohalen  court complex [and], the new replacement correctional
facility at Yaphank AND THE H. LEE DENNISON BUILDING AND THE NORTH COUN-
TY COMPLEX, including, without limitation, any land and  rights-in-land,
any  buildings, structures and improvements now or at any time hereafter
erected or constructed upon such land or  rights-in-land,  any  fixtures
attached  thereto,  any  personal  property of any kind and description,
whether the same is a structural or nonstructural component, any  alter-
ation,  replacements,  additions or substitutions for any of the forego-
ing, and any operation and maintenance or  functionally  similar  agree-
ments,  by  any  name  known.  Any  such sale, lease, or assignment may,
notwithstanding the provisions of any other  law,  general,  special  or
local,  including,  without  limitations, section two hundred fifteen of
the county law, or the county charter, be upon such terms for such dura-
tion and upon such conditions and  for  such  consideration  as  may  be
agreed  upon,  without  competitive  bidding  therefor  and shall not be
subject to permissive or  mandatory  referendum.    Notwithstanding  any
other  provision of law, general, special or local, the county may lease
back such properties and, or, enter into a service  agreement  with  the
agency pursuant to which the agency will cause the John P. Cohalen court
complex,  or  any  part  thereof, to be made available for occupancy for
judicial purposes and functions [and], the new replacement  correctional
facility  at  Yaphank  to  be  made  available for occupancy and use for
correction purposes and functions, AND THE H. LEE DENNISON BUILDING  AND
THE  NORTH COUNTY COMPLEX TO BE MADE AVAILABLE FOR OCCUPANCY AND USE FOR
GOVERNMENTAL PURPOSES AND FUNCTIONS and for which the county will pay to
the agency a fee, and enter into an agreement with the  agency  pursuant
to  which  the  county will operate and, or, maintain such court complex
[and], such correctional facility, AND THE H. LEE DENNISON BUILDING  AND
THE  NORTH  COUNTY  COMPLEX for the agency, each upon such terms and for
such duration and upon such conditions and for such consideration as may
be agreed upon and without competitive bidding. It is hereby  determined
that  the  powers  conferred  by  this  section shall be in addition and
supplemental to any powers contained in any other law and nothing herein
contained shall be construed as limiting a right or power that the coun-
ty now has or may hereafter have pursuant to any other provision of law.
It is hereby determined that the powers conferred by  this  section  are
conferred  for a public purpose and any sale, lease, assignment or other
contract or agreement entered into pursuant to the  provisions  of  this
section  shall  be  deemed  to  be  and is herein determined to be for a
public purpose.
  S 6. Subdivision 1 of section 2350-g of the public authorities law  is
amended by adding a new paragraph (c) to read as follows:
  (C) THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS, NOTES OR OTHER OBLI-
GATIONS  FOR  THE  H. LEE DENNISON BUILDING AND THE NORTH COUNTY COMPLEX
SHALL NOT EXCEED SEVENTY MILLION DOLLARS ($70,000,000), EXCLUDING BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED TO REFUND OR  REPAY  BONDS,  NOTES  OR
OTHER OBLIGATIONS THERETOFORE ISSUED FOR SUCH PURPOSES; PROVIDED, HOWEV-
ER,  THAT UPON ANY SUCH REFUNDING OR REPAYMENT THE TOTAL AGGREGATE PRIN-
CIPAL AMOUNT OF OUTSTANDING BONDS, NOTES AND OTHER  OBLIGATIONS  MAY  BE
GREATER  THAN SEVENTY MILLION DOLLARS ($70,000,000), ONLY IF THE PRESENT
VALUE OF THE AGGREGATE DEBT SERVICE OF THE  REFUNDING  OR  REPAYMENT  OF
BONDS,  NOTES  OR  OTHER  OBLIGATIONS  TO BE ISSUED SHALL NOT EXCEED THE

S. 5029                             5                            A. 7179

PRESENT VALUE OF THE AGGREGATE DEBT SERVICE  OF  THE  BONDS,  NOTES,  OR
OTHER OBLIGATIONS SO TO BE REFUNDED OR REPAID.
  S  7.  Paragraphs (a), (e) and (h) of subdivision 4 and subdivision 10
of section 2350-g of the public authorities law, paragraph (a) of subdi-
vision 4 as amended by chapter 762 of the laws of  2005  and  paragraphs
(e)  and (h) of subdivision 4 and subdivision 10 as added by chapter 200
of the laws of 1999, are amended to read as follows:
  (a) Bonds shall be authorized by resolution of the agency, be in  such
denominations  and  bear  such  date or dates and mature at such time or
times, as such resolution may provide, provided that bonds and  renewals
thereof  issued  for  the  John P. Cohalen court complex shall mature no
later than December thirty-first, two thousand sixteen;  and  bonds  and
renewals  thereof  for  the  new  replacement  correctional  facility at
Yaphank shall mature no later than December thirty-first,  two  thousand
thirty-five;  AND  BONDS  AND  RENEWALS  THEREOF FOR THE H. LEE DENNISON
BUILDING AND THE NORTH COUNTY COMPLEX SHALL MATURE NO LATER THAN  DECEM-
BER THIRTY-FIRST, TWO THOUSAND THIRTY-THREE.
  (e)  No  private  or  public  bond sale on a negotiated basis shall be
conducted by the agency without prior approval of the state comptroller.
The agency shall annually prepare and approve a bond sale  report  which
shall  include  the private [the private] or public bond sale guidelines
as specified in this subdivision, amendments to  such  guidelines  since
the  last private or public bond sale report, an explanation of the bond
sale guidelines and amendments, and the results of  any  sale  of  bonds
conducted during the fiscal year. Such bond sale report may be a part of
any other annual report that the agency is required to make.
  (h) Nothing contained in this subdivision shall[,] be deemed to alter,
affect  the  validity of, modify the terms of, or impair any contract or
agreement made or entered into in violation of,  or  without  compliance
with, the provisions of this subdivision.
  10.  The  agency,  subject to such agreements with bondholders as then
may exist, shall have power out of  any  moneys  available  therefor  to
purchase  bonds  of  the  agency, which shall thereupon be canceled at a
price not exceeding; (a) if the bonds are then redeemable,  the  redemp-
tion  price  then  applicable plus accrued interest to the next interest
payment date, or (b) if the bonds are not  then  immediately  redeemable
then  the  redemption  price  applicable  on  the  first date after such
purchase upon which the bonds become subject to redemption, plus accrued
interest to be THE next interest payment date.
  S 8. Section 2350-j of the public authorities law, as added by chapter
200 of the laws of 1999, is amended to read as follows:
  S 2350-j. Moneys of the agency. All moneys of the agency from whatever
source derived shall be paid to the treasurer of the agency and shall be
deposited forthwith in a bank or banks in the state  designated  by  the
governing  body.  The moneys in such accounts shall be paid out on check
of the treasurer upon requisition by the governing body or of such other
person or persons as the governing body may  [authorized]  AUTHORIZE  to
make  such requisitions. All deposits of such moneys shall be secured by
obligations of the United States or of the state or of the county or  of
any  other municipality within the county of a market value equal at all
times to the amount on deposit and all banks  and  trust  companies  are
authorized  to  give  such  security for such deposits. The agency shall
have power, notwithstanding the provisions of this section, to  contract
with  the  holders  of any bonds as to the custody collection, security,
investment payment of any moneys of the agency or  any  moneys  held  in
trust  or  otherwise  for  the  payment of bonds or in any way to secure

S. 5029                             6                            A. 7179

bonds, and to carry out any  such  contract  notwithstanding  that  such
contract may be inconsistent with the provisions of this section. Moneys
held  in  trust  or  otherwise for the payment of bonds or in any way to
secure  bonds  and  deposits  of  such moneys may be secured in the same
manner as moneys of the agency and all banks  and  trust  companies  are
authorized  to  give  such security for such deposits. Any moneys of the
agency not required for  immediate  use  or  disbursement  may,  at  the
discretion  of  the  agency,  be invested in those obligations specified
pursuant to the  provisions  of  section  ninety-eight-a  of  the  state
finance  law. Subject to the provisions of any contract with bondholders
and with the approval of the comptroller, the agency shall  prescribe  a
system of accounts.
  S  9. Subdivisions 1 and 4 of section 2350-m of the public authorities
law, as added by chapter 200 of the laws of 1999, are amended to read as
follows:
  1. It is hereby determined that the creation of  the  agency  and  the
carrying out of its corporate purpose is in all respects for the benefit
of  the people of the state and is a public purpose and the agency shall
be regarded as performing a governmental function in the exercise of the
powers conferred upon it by this title and shall not be required to  pay
any fees, taxes, special ad valorem levies or special assessments of any
kind, whether state or local, including, but not limited to fees, taxes,
special  ad  valorem  levies  or assessments on real property, franchise
taxes, sales or other taxes, upon or  with  respect  to  any  properties
owned  by  it or under its jurisdiction, control or supervision, or upon
the uses thereof, or upon or with respect to  its  activities  or  oper-
ations  in furtherance of the powers conferred upon it by this title, or
upon or with respect to any fees,  rents,  charges,  revenues  or  other
income received by the agency, or any filing, recording or transfer fees
or taxes in relation to instruments filed, recorded or transferred by it
or on its behalf. The construction, use, occupation or possession of any
properties owned by the agency, including improvements thereon or there-
to,  by  the  state  or  any  state agency or by the county or any other
person under a lease, lease and sublease or any  other  agreement  shall
not  act  to  abrogate or limit the foregoing exemption, notwithstanding
that the lessee, user, occupant or  person  in  possession  shall  claim
ownership for federal income tax purposes.
  4. The agency may pay, or may enter into agreements with the county or
any  municipality  to  pay,  a  sum  or sums annually or otherwise or to
provide other considerations with respect  to  [of]  the  real  property
owned by the agency located within the county or such municipality.
  S  10.  Subdivision 2 of section 2350-o of the public authorities law,
as amended by chapter 762 of the laws of 2005, is  amended  to  read  as
follows:
  2.  Construction  contracts  let  by the agency shall be in conformity
with the applicable provisions of section one hundred thirty-five of the
state  finance  law,  provided,  however,  that  any  contract  for  the
construction, reconstruction, rehabilitation or improvement of buildings
let  by  the agency shall not be governed by section one hundred thirty-
five of the state finance law if the agency chooses to utilize a project
labor agreement IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED
TWENTY-TWO OF THE LABOR LAW when the record supporting the  decision  to
enter  into  such  an  agreement establishes that it is justified by the
interests underlying the competitive bidding laws.

S. 5029                             7                            A. 7179

  S 11. Subdivision 5 of section 2350-s of the public  authorities  law,
as  added  by  chapter  762  of  the laws of 2005, is amended to read as
follows:
  5.  The  agency  shall  provide  the secretaries of the [state] SENATE
finance committee and the assembly ways and means committee, with access
to any and all books, records, audits and contracts of the agency.
  S 12. Subdivision 2 of section 2350-v of the public authorities law is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTHING IN  THIS  SECTION  SHALL  BE  CONSTRUED  AS  LIMITING  THE
REQUIREMENTS  OF  THE  PUBLIC  AUTHORITIES ACCOUNTABILITY ACT OF 2005 AS
ADOPTED BY CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF  TWO  THOUSAND
FIVE AND THE PUBLIC AUTHORITIES REFORM ACT OF 2009 AS ADOPTED BY CHAPTER
FIVE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINE.
  S  13. Subdivision 1 of section 2350-ff of the public authorities law,
as added by chapter 762 of the laws of  2005,  is  amended  to  read  as
follows:
  1.  Every  person or organization subject to the provisions of article
one-A of the legislative law as a lobbyist or client (as those terms are
defined in such article) because of acts relating to procurements of the
agency shall, in addition to filing one or more statements of  registra-
tion  and reports with the New York temporary state commission on lobby-
ing as required by article one-A of the legislative law, file a copy  of
each  such  document  required  to  be filed under said article with the
[authority] AGENCY.
  S 14. This act shall take effect immediately.