S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3667
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 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.
   § 3974. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
 "NEW YORK TITLE GUARANTY AUTHORITY ACT".
   §  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

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

                                                            LBD08426-01-1

 S. 3667                             2
 
 TAKE EFFECT SO LONG AS THE AUTHORITY SHALL HAVE  BONDS  OR  OTHER  OBLI-
 GATIONS  OUTSTANDING  UNLESS  ADEQUATE  PROVISION  HAS BEEN MADE FOR THE
 PAYMENT THEREOF.
   §  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.
   §  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. 3667                             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. 3667                             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.
   § 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.
   § 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  DEPARTMENT  OF  FINANCIAL
 SERVICES  IN  DEVELOPING A GUARANTY CONTRACT ACCEPTABLE TO THE SECONDARY
 MARKET AND DEVELOPING ANY OTHER FEATURE OF THE PROGRAM  WITH  WHICH  THE
 INSURANCE  DIVISION MAY HAVE SPECIAL EXPERTISE. THE DEPARTMENT OF FINAN-
 CIAL SERVICES 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  REGULATION BY THE DEPARTMENT OF FINANCIAL
 SERVICES.
   § 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

 S. 3667                             5
 
 EACH  COUNTY  IN  WHICH  ABSTRACTS ARE PREPARED FOR REAL PROPERTY TITLES
 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.
   § 2. This act shall take effect immediately.