Bill S1263-2009

Makes provisions for the construction and financing of facilities to be located on the Campus of the United States Merchant Marine Academy located in Kings Point, New York.

Details

Memo

 BILL NUMBER:  S1263

TITLE OF BILL :

An act to amend the public authorities law, in relation to providing for the financing of facilities for a certain not-for-profit corporation

PURPOSE OR GENERAL IDEA OF BILL :

To authorize the Dormitory Authority to provide financing for the United States Merchant Marine Academy (USMMA) and the Global Maritime Transportation School (GMATS) to build lodging facilities.

SUMMARY OF SPECIFIC PROVISIONS :

Section one amends the Public Authorities Law by adding a new undesignated paragraph to paragraph b, subdivision two of § 1676 of the Public Health Law by including the USMMA and its Global Maritime and Transportation School in the definition of "dormitory."

Section two amends the Public Authorities Law by adding a new undesignated paragraph to subdivision one of § 1680 of the Public Health Law by including the USMMA and its GMATS in the term "educational institution."

JUSTIFICATION :

The USMMA is a federal service academy operated by the Maritime Administration in the United States Department of Transportation (USDOT) that trains approximately 900 students to receive a United States Coast Guard license as a merchant marine officer and accept a commission as either a reserve or active duty officer of the armed forces, while at the same time providing them with an undergraduate degree. The GMATS is a world leader in providing professional education in maritime activities, intermodal transportation, and logistics. The GMATS offers over 140 cutting edge education and training programs that are designed to benefit private-sector, military, and government professionals in the maritime and transportation industries. The GMATS is a "non-appropriated fund instrumentality" (NAFI) of the USDOT. As such, the GMATS does not receive any federally appropriated funds, and its operating revenue is generated through tuition as well as room and board fees. As a NAFI, the GMATS is authorized to contract with private sector organizations in exchange for its consulting, education, and training services, and has developed partnership arrangements with over twenty prominent transportation associations and organization s including the American Bureau of Shipping, the Intermodal Association of North America, and the National Cargo Security Council.

Currently, the lodging facilities for the USMMA and the GMATS are not considered dormitories in the Public Authorities Law and as a result the Dormitory Authority of the State of New York (DASNY) is not authorized to grant them any bonds to assist in the construction of necessary dormitory facilities. As a NAFI, this is a particular hardship for GMATS in particular. Often, the GMATS has to put trainees up in hotels at some distance from the campus in order to house them. Since GMATS does not receive any federal appropriations, the construction of new lodging facilities is a considerable financial burden on the institution. This legislation will allow for DASNY to issue tax-exempt bonds to the USMMA and the GMATS for the construction of dormitories by including its lodging facilities in the definition of "dormitory."

This legislation, by including the USMMA and the GMATS in the term "educational institution" would also give the USMMA as well as the GMATS the same purchasing advantages that fire enjoyed by institutions affiliated with the State University of New York regarding the equipping of dormitories. The United States Military Academy located in West Point is considered an "educational institution" by the Public Authorities Law and its lodging facilities are also considered "dormitories" by the Public Authorities Law as well.

PRIOR LEGISLATIVE HISTORY :

New Bill.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 1263 2009-2010 Regular Sessions IN SENATE January 28, 2009 ___________
Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the public authorities law, in relation to providing for the financing of facilities for a certain not-for-profit corporation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: THE UNITED STATES MERCHANT MARINE ACADEMY (USMMA), THE GLOBAL MARITIME AND TRANSPORTATION SCHOOL (GMATS) AND ANY NOT-FOR-PROFIT ENTITY QUALI- FIED AS AN ORGANIZATION DESCRIBED IN INTERNAL REVENUE CODE SECTION 501(C)(3) AND CREATED TO ASSIST USMMA OR GMATS, FOR THE PURPOSE OF FINANCING, REFINANCING, CONSTRUCTION, RECONSTRUCTION, RENOVATION, DEVEL- OPMENT, EXPANSION AND EQUIPPING OF FACILITIES TO BE LOCATED ON THE CAMPUS OF THE UNITED STATES MERCHANT MARINE ACADEMY LOCATED IN KINGS POINT, NEW YORK. S 2. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: THE UNITED STATES MERCHANT MARINE ACADEMY (USMMA), THE GLOBAL MARITIME AND TRANSPORTATION SCHOOL (GMATS) AND ANY NOT-FOR-PROFIT ENTITY QUALI- FIED AS AN ORGANIZATION DESCRIBED IN INTERNAL REVENUE CODE SECTION 501(C)(3) AND CREATED TO ASSIST USMMA OR GMATS FOR THE PURPOSE OF FINANCING, REFINANCING, CONSTRUCTION, RECONSTRUCTION, RENOVATION, DEVEL- OPMENT, EXPANSION AND EQUIPPING OF FACILITIES TO BE LOCATED ON THE CAMPUS OF THE UNITED STATES MERCHANT MARINE ACADEMY LOCATED IN KINGS POINT, NEW YORK. S 3. This act shall take effect immediately.

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