S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5660
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2009
                                      ___________
       Introduced  by  M. of A. BALL -- read once and referred to the Committee
         on Local Governments
       AN ACT to amend the general municipal  law,  in  relation  to  requiring
         recipients  of  development assistance to fully disclose the prerequi-
         sites for such assistance and their compliance therewith
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The general municipal law is amended by adding a new arti-
    2  cle 18-D to read as follows:
    3                                ARTICLE 18-D
    4                      DEVELOPMENT ASSISTANCE DISCLOSURE
    5  SECTION 971. DEFINITIONS.
    6          972. DISCLOSURE.
    7    S 971. DEFINITIONS. AS USED IN THIS ARTICLE:
    8    (A) "DEVELOPMENT ASSISTANCE" MEANS:
    9    (1) TAX CREDITS AND TAX EXEMPTIONS GIVEN AS INCENTIVES TO A  RECIPIENT
   10  PURSUANT  TO A DEVELOPMENT ASSISTANCE AGREEMENT UNDER ARTICLE EIGHTEEN-A
   11  OR EIGHTEEN-B OF THIS CHAPTER; AND
   12    (2) ANY OTHER PROGRAM OR INCENTIVE INTENDED TO PROMOTE  AND  ENSURE  A
   13  BUSINESS RELOCATION OR EXPANSION.
   14    (B) "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
   15  A  STATE  OR  MUNICIPAL  BODY  AND  A RECIPIENT SETTING FORTH ALL TERMS,
   16  CONDITIONS AND UNDERSTANDINGS THEREOF OF THE  PROVISION  OF  DEVELOPMENT
   17  ASSISTANCE.
   18    (C)  "RECIPIENT"  MEANS  ANY BUSINESS ENTITY THAT RECEIVES DEVELOPMENT
   19  ASSISTANCE PURSUANT TO A DEVELOPMENT ASSISTANCE AGREEMENT.
   20    S 972. DISCLOSURE. (A) EVERY RECIPIENT  SHALL,  UPON  REQUEST  OF  ANY
   21  PERSON,  PROVIDE  A COPY OF EACH DEVELOPMENT ASSISTANCE AGREEMENT IT HAS
   22  ENTERED INTO, A SUMMARY OF ALL DEVELOPMENT ASSISTANCE PROVIDED  PURSUANT
   23  TO SUCH AGREEMENT, A SUMMARY AND EXPLANATION OF ALL TERMS AND CONDITIONS
   24  OF  SUCH  AGREEMENT, THE EXTENT OF COMPLIANCE WITH SUCH TERMS AND CONDI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09049-01-9
       A. 5660                             2
    1  TIONS, AND THE PROJECT TO WHICH EACH SUCH AGREEMENT RELATES. EACH RECIP-
    2  IENT SHALL IN A TIMELY AND ACCURATE MANNER  REGULARLY  UPDATE  ALL  SUCH
    3  INFORMATION.
    4    (B) ALL INFORMATION REQUIRED TO BE MADE AVAILABLE TO THE PUBLIC PURSU-
    5  ANT  TO  SUBDIVISION (A) OF THIS SECTION SHALL BE POSTED AND MADE AVAIL-
    6  ABLE TO THE PUBLIC ON THE INTERNET WEBSITE OF THE RECIPIENT.
    7    (C) ON OR BEFORE THE FIRST OF JANUARY, APRIL, JULY AND  OCTOBER,  EACH
    8  RECIPIENT  SHALL  SUBMIT  TO  THE  SECRETARY  OF  STATE, ALL INFORMATION
    9  REQUIRED TO BE MADE AVAILABLE TO THE PUBLIC PURSUANT TO SUBDIVISION  (A)
   10  OF THIS SECTION.
   11    S  2.  This  act  shall  take  effect  on  the first of September next
   12  succeeding the date on which it shall have become a law.