STATE OF NEW YORK ________________________________________________________________________ 8805--A IN SENATE March 14, 2024 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to deeming the objects or purposes for which certain bonds were issued by the city of Buffalo to be for the construction of a new police shooting range and authorizing the expenditure of the proceeds from such bonds for such objects or purposes (Part A); in relation to deeming the objects or purposes for which certain bonds were issued by the city of Buffalo to be for the construction of a new police shooting range and authorizing the expenditure of the proceeds from such bonds for such objects or purposes (Part B); in relation to deeming the objects or purposes for which certain bonds were issued by the city of Buffalo to be for the construction of a new police train- ing facility and authorizing the expenditure of the proceeds from such bonds for such objects or purposes (Part C); and in relation to deem- ing the objects or purposes for which certain bonds were issued by the city of Buffalo to be for the construction of a new police training facility, including planning and design work, related site improve- ments, and furnishings and authorizing the expenditure of the proceeds from such bonds for such objects or purposes (Part D) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to deeming the objects or purposes for which certain bonds were issued 3 by the city of Buffalo and authorizing the expenditure of the proceeds 4 from such bonds for such objects or purposes. Each component is wholly 5 contained within a Part identified as Parts A through D. The effective 6 date for each particular provision contained within such Part is set 7 forth in the last section of such Part. Any provision in any section 8 contained within a Part, including the effective date of the Part, which 9 makes a reference to a section "of this act", when used in connection 10 with that particular component, shall be deemed to mean and refer to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14761-04-4
S. 8805--A 2 1 corresponding section of the Part in which it is found. Section three of 2 this act sets forth the general effective date of this act. 3 PART A 4 Section 1. Legislative findings. The legislature hereby finds and 5 determines that pursuant to a bond resolution dated February 19, 2019 6 adopted by the common council of the city of Buffalo, county of Erie, 7 (the "common council" and the "city" respectively) the city issued bonds 8 in the principal amount of $1,100,000 to finance the cost of 9 construction of a new police shooting range. The legislature further 10 finds and determines that said resolution failed to include language to 11 identify the accurate address within the city in which such construction 12 of a new police shooting range is intended to be made. 13 § 2. Notwithstanding the defects described in section one of this act, 14 the object or purposes for which said bonds were issued are hereby 15 deemed to be for the construction of a new police shooting range to be 16 located at 379 Paderewski Drive in the city of Buffalo as mentioned in 17 the aforesaid resolution and the expenditure of the $1,100,000 proceeds 18 of such bonds for such objects or purposes is hereby authorized, vali- 19 dated, confirmed and ratified. 20 § 3. The authorization provided in section two of this act shall not 21 take effect until the common council of the city of Buffalo adopts a 22 resolution after the effective date of this act that shall be subject to 23 permissive referendum pursuant to section 23-11 of the charter of the 24 city of Buffalo as if the council had not already created a city debt. 25 In the event a successful petition is filed with the city clerk, the 26 authorization provided in section two of this act shall not take effect 27 unless such resolution is approved by the affirmative vote of a majority 28 of the qualified electors. 29 § 4. Separability. If any clause, sentence, paragraph, section or part 30 of this act shall be adjudged by any court of competent jurisdiction to 31 be invalid, such judgment shall not affect, impair, or invalidate the 32 remainder thereof, but shall be confined in its operation to the clause, 33 sentence, paragraph, section or part thereof directly involved in the 34 controversy in which such judgment shall have been rendered. 35 § 5. This act shall take effect immediately. 36 PART B 37 Section 1. Legislative findings. The legislature hereby finds and 38 determines that pursuant to a bond resolution dated February 18, 2020 39 adopted by the common council of the city of Buffalo, county of Erie, 40 (the "common council" and the "city" respectively) the city issued bonds 41 in the principal amount of $400,000 to finance the cost of construction 42 of a new police shooting range. The legislature further finds and deter- 43 mines that said resolution failed to include language to identify the 44 accurate address within the city in which such construction of a new 45 police shooting range is intended to be made. 46 § 2. Notwithstanding the defects described in section one of this act, 47 the object or purposes for which said bonds were issued are hereby 48 deemed to be for the construction of a new police shooting range to be 49 located at 379 Paderewski Drive in the city of Buffalo as mentioned in 50 the aforesaid resolution and the expenditure of the $400,000 proceeds of 51 such bonds for such objects or purposes is hereby authorized, validated, 52 confirmed and ratified.
S. 8805--A 3 1 § 3. The authorization provided in section two of this act shall not 2 take effect until the common council of the city of Buffalo adopts a 3 resolution after the effective date of this act that shall be subject to 4 permissive referendum pursuant to section 23-11 of the charter of the 5 city of Buffalo as if the council had not already created a city debt. 6 In the event a successful petition is filed with the city clerk, the 7 authorization provided in section two of this act shall not take effect 8 unless such resolution is approved by the affirmative vote of a majority 9 of the qualified electors. 10 § 4. Separability. If any clause, sentence, paragraph, section or part 11 of this act shall be adjudged by any court of competent jurisdiction to 12 be invalid, such judgment shall not affect, impair, or invalidate the 13 remainder thereof, but shall be confined in its operation to the clause, 14 sentence, paragraph, section or part thereof directly involved in the 15 controversy in which such judgment shall have been rendered. 16 § 5. This act shall take effect immediately. 17 PART C 18 Section 1. Legislative findings. The legislature hereby finds and 19 determines that pursuant to a bond resolution dated February 22, 2022 20 adopted by the common council of the city of Buffalo, county of Erie, 21 (the "common council" and the "city" respectively) the city issued bonds 22 in the principal amount of $1,879,700 to finance the cost of 23 construction of a new police training facility. The legislature further 24 finds and determines that said resolution failed to include language to 25 identify the accurate address within the city in which such construction 26 of a new police training facility is intended to be made. 27 § 2. Notwithstanding the defects described in section one of this act, 28 the object or purposes for which said bonds were issued are hereby 29 deemed to be for the construction of a new police training facility to 30 be located at 379 Paderewski Drive in the city of Buffalo as mentioned 31 in the aforesaid resolution and the expenditure of the $1,879,700 32 proceeds of such bonds for such objects or purposes is hereby author- 33 ized, validated, confirmed and ratified. 34 § 3. The authorization provided in section two of this act shall not 35 take effect until the common council of the city of Buffalo adopts a 36 resolution after the effective date of this act that shall be subject to 37 permissive referendum pursuant to section 23-11 of the charter of the 38 city of Buffalo as if the council had not already created a city debt. 39 In the event a successful petition is filed with the city clerk, the 40 authorization provided in section two of this act shall not take effect 41 unless such resolution is approved by the affirmative vote of a majority 42 of the qualified electors. 43 § 4. Separability. If any clause, sentence, paragraph, section or part 44 of this act shall be adjudged by any court of competent jurisdiction to 45 be invalid, such judgment shall not affect, impair, or invalidate the 46 remainder thereof, but shall be confined in its operation to the clause, 47 sentence, paragraph, section or part thereof directly involved in the 48 controversy in which such judgment shall have been rendered. 49 § 5. This act shall take effect immediately. 50 PART D 51 Section 1. Legislative findings. The legislature hereby finds and 52 determines that pursuant to a bond resolution dated February 7, 2023
S. 8805--A 4 1 adopted by the common council of the city of Buffalo, county of Erie, 2 (the "common council" and the "city" respectively) the city issued bonds 3 in the principal amount of $1,514,700 to finance the cost of 4 construction of a new police training facility, including planning and 5 design work, related site improvements, and furnishings. The legislature 6 further finds and determines that said resolution failed to include 7 language to identify the accurate address within the city in which such 8 construction of a new police training facility is intended to be made. 9 § 2. Notwithstanding the defects described in section one of this act, 10 the object or purposes for which said bonds were issued are hereby 11 deemed to be for the construction of a new police training facility, 12 including planning and design work, related site improvements, and 13 furnishings to be located at 379 Paderewski Drive in the city of Buffalo 14 as mentioned in the aforesaid resolution and the expenditure of the 15 $1,514,700 proceeds of such bonds for such objects or purposes is hereby 16 authorized, validated, confirmed and ratified. 17 § 3. The authorization provided in section two of this act shall not 18 take effect until the common council of the city of Buffalo adopts a 19 resolution after the effective date of this act that shall be subject to 20 permissive referendum pursuant to section 23-11 of the charter of the 21 city of Buffalo as if the council had not already created a city debt. 22 In the event a successful petition is filed with the city clerk, the 23 authorization provided in section two of this act shall not take effect 24 unless such resolution is approved by the affirmative vote of a majority 25 of the qualified electors. 26 § 4. Separability. If any clause, sentence, paragraph, section or part 27 of this act shall be adjudged by any court of competent jurisdiction to 28 be invalid, such judgment shall not affect, impair, or invalidate the 29 remainder thereof, but shall be confined in its operation to the clause, 30 sentence, paragraph, section or part thereof directly involved in the 31 controversy in which such judgment shall have been rendered. 32 § 5. This act shall take effect immediately. 33 § 2. Severability. If any clause, sentence, paragraph, section or part 34 of this act shall be adjudged by any court of competent jurisdiction to 35 be invalid and after exhaustion of all further judicial review, the 36 judgment shall not affect, impair, or invalidate the remainder thereof, 37 but shall be confined in its operation to the clause, sentence, para- 38 graph, section or part of this act directly involved in the controversy 39 in which the judgment shall have been rendered. 40 § 3. This act shall take effect immediately provided, however, that 41 the applicable effective date of Parts A through D of this act shall be 42 as specifically set forth in the last section of such Parts.