Bill Text: NY A08235 | 2009-2010 | General Assembly | Amended


Bill Title: Requires certain information to be provided to the legislature prior to appropriating money to state entities for economic development projects.

Status: (Introduced - Dead) 2010-01-06 - referred to ways and means [A08235 Detail]

Download: New_York-2009-A08235-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8235--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 11, 2009
                                      ___________
       Introduced  by  M.  of  A.  GORDON, LANCMAN, McENENY, ESPAILLAT, CASTRO,
         McDONOUGH, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND,  CALHOUN,
         CHRISTENSEN,  COOK, HYER-SPENCER, JEFFRIES, MAGEE, MAYERSOHN, PEOPLES,
         PERRY, REILLY, SAYWARD, TOWNSEND, WEISENBERG -- read once and referred
         to the Committee on Ways  and  Means  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the state finance law, in relation to requiring  certain
         information  to  be provided to the legislature prior to appropriating
         money to state entities for certain projects
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 136 of the state finance law, as amended by chapter
    2  413 of the laws of 1989, is amended to read as follows:
    3    S  136.  Contracts  in  pursuance  of appropriations. 1. A contract or
    4  contracts made in pursuance of an  appropriation  by  the  state  for  a
    5  specific  object shall be for the completion of the work contemplated by
    6  the appropriation, and in the aggregate shall not exceed the  amount  of
    7  such  appropriation.  A  contract  for  a part of such work shall not be
    8  binding upon the state until contracts are also made covering the entire
    9  work contemplated by such appropriation, except that, (a)  upon  certif-
   10  ication  by the agency having jurisdiction to the state comptroller that
   11  sufficient appropriations remain  for  completion  of  the  entire  work
   12  contemplated,  preliminary work such as site preparation and infrastruc-
   13  ture work may be commenced for a project where the timeliness thereof is
   14  of the essence and the director of the budget certifies to such need and
   15  to the availability of  appropriations,  and  except  (b)  where  it  is
   16  expressly  provided by such appropriation that a part of the work may be
   17  done by day's labor.
   18    2. PRIOR TO AN APPROPRIATION BY THE STATE FOR ANY FINANCIAL ASSISTANCE
   19  BY A STATE AGENCY, PUBLIC AUTHORITY OR CORPORATION, OR ANY  OTHER  STATE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11274-05-9
       A. 8235--A                          2
    1  ENTITY  FOR  AN  ECONOMIC DEVELOPMENT PROJECT, SUCH ENTITY SHALL PROVIDE
    2  THE LEGISLATURE WITH INFORMATION REGARDING THE PLAN BY THE RECIPIENT  OF
    3  SUCH  FINANCIAL  ASSISTANCE  TO  HIRE LOCAL CONSTRUCTION WORKERS FOR THE
    4  PROJECT.    SUCH  INFORMATION  SHALL STATE WHETHER THE RECIPIENT HAS MET
    5  WITH ANY LOCAL LABOR ORGANIZATION AND ENTERED INTO ANY WRITTEN AGREEMENT
    6  CONCERNING A PLAN TO HIRE LOCAL CONSTRUCTION WORKERS  FOR  THE  PROJECT,
    7  THE TYPES OF CONSTRUCTION SKILLS NEEDED FOR SUCH PROJECT, EFFORTS BY THE
    8  STATE ENTITY OR RECIPIENT TO IDENTIFY SKILLED CONSTRUCTION WORKERS NEED-
    9  ED  FOR THE PROJECT THROUGH THE DEPARTMENT OF LABOR AND WHETHER PREVAIL-
   10  ING WAGES WILL BE PAID FOR ALL OF THE CONSTRUCTION WORK. THE  DEPARTMENT
   11  OF  LABOR SHALL ASSIST THE STATE ENTITY AND THE RECIPIENT IN DETERMINING
   12  THE AVAILABILITY OF SKILLED WORKERS NEEDED FOR  THE  CONSTRUCTION  WORK.
   13  Except  as  provided  in  section thirty-eight of the highway law, every
   14  such contract shall be accompanied by a bond for the completion  of  the
   15  work,  specified  in the contract, within the amount stipulated therein,
   16  which bond shall be filed in the office of the state comptroller.
   17    3. FOR THE PURPOSE OF THIS SECTION:
   18    (A) "FINANCIAL ASSISTANCE" SHALL MEAN THE PROCEEDS IN EXCESS OF  THREE
   19  MILLION DOLLARS OF BONDS, GRANTS, LOANS, TAX ABATEMENTS, TAX EXEMPTIONS,
   20  TAX CREDITS, TAX INCREMENT FINANCING OR REAL PROPERTY; AND
   21    (B) "ECONOMIC DEVELOPMENT PROJECT" SHALL MEAN ANY PROJECT RELATED TO A
   22  PUBLIC  USE,  BENEFIT  OR  PURPOSE,  OR ANY PURPOSE RELATED PRIMARILY TO
   23  ECONOMIC DEVELOPMENT, FOR  WHICH  ANY  STATE  ENTITY  IS  AUTHORIZED  TO
   24  PROVIDE GRANTS, TAX CREDITS, OR FINANCIAL ASSISTANCE.
   25    S 2. This act shall take effect immediately.
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