Section 66-A. Restriction on issuance of certificates of participation  


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  • 1.
      No person, partnership, corporation or other legal entity nor any  state
      officer,  employee, agency, department, the city university of New York,
      the  legislature  or  the  judiciary   shall   issue   certificates   of
      participation or similar instruments representing the right to receive a
      proportionate  share in lease, installment or other periodic payments to
      be made by any state department, agency or the city  university  of  New
      York  except  in accordance with the provisions of this article and with
      the express written approval of the state comptroller. The provisions of
      this section are hereby made a part of every purchase  contract  entered
      into by such a state entity providing for periodic payments by any state
      department,  agency  or  the  city  university  of  New York. Every such
      contract shall contain a clause expressly  reciting  the  provisions  of
      this  subdivision, provided, however, that the absence of such clause in
      such a contract shall not obviate the duty of  all  parties  thereto  to
      comply  with the provisions of this subdivision. Neither this provision,
      nor any other provision of this article shall be  construed  to  prevent
      such  state  entities  from  entering into installment purchase or lease
      purchase  agreements  funded  without  the  use   of   certificates   of
      participation or similar instruments.
        2.  For the purposes of this article, "state departments and agencies"
      shall not include the legislature or the judiciary, and  the  provisions
      of  this  article,  unless  otherwise  specified,  shall  not  apply  to
      installment purchase or lease purchase contracts  entered  into  by  the
      legislature or the judiciary financed by the issuance of certificates of
      participation or similar instruments representing the right to receive a
      proportionate  share in lease, installment or other periodic payments to
      be made by the legislature or judiciary.
        3.  No  state  officer,  employee,  department,  agency  or  the  city
      university of New York shall enter into any agreement in connection with
      the issuance of certificates of participation which requires any payment
      by  the state to the trustee, on behalf of holders of such certificates,
      during the month of April of any year.