Bill Text: NY S05464 | 2009-2010 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2010-01-19 - ADVANCED TO THIRD READING [S05464 Detail]

Download: New_York-2009-S05464-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5464--A
           Cal. No. 9
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      May 8, 2009
                                      ___________
       Introduced  by  Sens.  ONORATO,  BRESLIN,  ADDABBO,  DIAZ, DILAN, FOLEY,
         HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER,  PERKINS,
         SAMPSON,  SAVINO,  STAVISKY, STEWART-COUSINS -- read twice and ordered
         printed, and when printed to be committed to the Committee on  Finance
         --  recommitted  to the Committee on Finance in accordance with Senate
         Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
         first  report, amended on first report, ordered to a second report and
         ordered reprinted, retaining its place in the order of second report
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11274-07-0
       S. 5464--A                          2
    1    2. PRIOR TO AN APPROPRIATION BY THE STATE FOR ANY FINANCIAL ASSISTANCE
    2  BY A STATE AGENCY, PUBLIC AUTHORITY OR CORPORATION, OR ANY  OTHER  STATE
    3  ENTITY  FOR  AN  ECONOMIC DEVELOPMENT PROJECT, SUCH ENTITY SHALL PROVIDE
    4  THE LEGISLATURE WITH INFORMATION REGARDING THE PLAN BY THE RECIPIENT  OF
    5  SUCH  FINANCIAL  ASSISTANCE  TO  HIRE LOCAL CONSTRUCTION WORKERS FOR THE
    6  PROJECT.  SUCH INFORMATION SHALL STATE WHETHER  THE  RECIPIENT  HAS  MET
    7  WITH ANY LOCAL LABOR ORGANIZATION AND ENTERED INTO ANY WRITTEN AGREEMENT
    8  CONCERNING  A  PLAN  TO HIRE LOCAL CONSTRUCTION WORKERS FOR THE PROJECT,
    9  THE TYPES OF CONSTRUCTION SKILLS NEEDED FOR SUCH PROJECT, EFFORTS BY THE
   10  STATE ENTITY OR RECIPIENT TO IDENTIFY SKILLED CONSTRUCTION WORKERS NEED-
   11  ED FOR THE PROJECT THROUGH THE DEPARTMENT OF LABOR AND WHETHER  PREVAIL-
   12  ING  WAGES WILL BE PAID FOR ALL OF THE CONSTRUCTION WORK. THE DEPARTMENT
   13  OF LABOR SHALL ASSIST THE STATE ENTITY AND THE RECIPIENT IN  DETERMINING
   14  THE  AVAILABILITY  OF  SKILLED WORKERS NEEDED FOR THE CONSTRUCTION WORK.
   15  Except as provided in section thirty-eight of  the  highway  law,  every
   16  such  contract  shall be accompanied by a bond for the completion of the
   17  work, specified in the contract, within the amount  stipulated  therein,
   18  which bond shall be filed in the office of the state comptroller.
   19    3. FOR THE PURPOSE OF THIS SECTION:
   20    (A)  "FINANCIAL ASSISTANCE" SHALL MEAN THE PROCEEDS IN EXCESS OF THREE
   21  MILLION DOLLARS OF BONDS, GRANTS, LOANS, TAX ABATEMENTS, TAX EXEMPTIONS,
   22  TAX CREDITS, TAX INCREMENT FINANCING OR REAL PROPERTY; AND
   23    (B) "ECONOMIC DEVELOPMENT PROJECT" SHALL MEAN ANY PROJECT RELATED TO A
   24  PUBLIC USE, BENEFIT OR PURPOSE, OR  ANY  PURPOSE  RELATED  PRIMARILY  TO
   25  ECONOMIC  DEVELOPMENT,  FOR  WHICH  ANY  STATE  ENTITY  IS AUTHORIZED TO
   26  PROVIDE GRANTS, TAX CREDITS, OR FINANCIAL ASSISTANCE.
   27    S 2. This act shall take effect immediately.