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:
Section 1. Section 136 of the state finance law, as amended by chapter
413 of the laws of 1989, is amended to read as follows:
S 136. Contracts in pursuance of appropriations. 1. A contract or
contracts made in pursuance of an appropriation by the state for a
specific object shall be for the completion of the work contemplated by
the appropriation, and in the aggregate shall not exceed the amount of
such appropriation. A contract for a part of such work shall not be
binding upon the state until contracts are also made covering the entire
work contemplated by such appropriation, except that, (a) upon certif-
ication by the agency having jurisdiction to the state comptroller that
sufficient appropriations remain for completion of the entire work
contemplated, preliminary work such as site preparation and infrastruc-
ture work may be commenced for a project where the timeliness thereof is
of the essence and the director of the budget certifies to such need and
to the availability of appropriations, and except (b) where it is
expressly provided by such appropriation that a part of the work may be
done by day's labor.
2. PRIOR TO AN APPROPRIATION BY THE STATE FOR ANY FINANCIAL ASSISTANCE
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
ENTITY FOR AN ECONOMIC DEVELOPMENT PROJECT, SUCH ENTITY SHALL PROVIDE
THE LEGISLATURE WITH INFORMATION REGARDING THE PLAN BY THE RECIPIENT OF
SUCH FINANCIAL ASSISTANCE TO HIRE LOCAL CONSTRUCTION WORKERS FOR THE
PROJECT. SUCH INFORMATION SHALL STATE WHETHER THE RECIPIENT HAS MET
WITH ANY LOCAL LABOR ORGANIZATION AND ENTERED INTO ANY WRITTEN AGREEMENT
CONCERNING A PLAN TO HIRE LOCAL CONSTRUCTION WORKERS FOR THE PROJECT,
THE TYPES OF CONSTRUCTION SKILLS NEEDED FOR SUCH PROJECT, EFFORTS BY THE
STATE ENTITY OR RECIPIENT TO IDENTIFY SKILLED CONSTRUCTION WORKERS NEED-
ED FOR THE PROJECT THROUGH THE DEPARTMENT OF LABOR AND WHETHER PREVAIL-
ING WAGES WILL BE PAID FOR ALL OF THE CONSTRUCTION WORK. THE DEPARTMENT
OF LABOR SHALL ASSIST THE STATE ENTITY AND THE RECIPIENT IN DETERMINING
THE AVAILABILITY OF SKILLED WORKERS NEEDED FOR THE CONSTRUCTION WORK.
Except as provided in section thirty-eight of the highway law, every
such contract shall be accompanied by a bond for the completion of the
work, specified in the contract, within the amount stipulated therein,
which bond shall be filed in the office of the state comptroller.
3. FOR THE PURPOSE OF THIS SECTION:
(A) "FINANCIAL ASSISTANCE" SHALL MEAN THE PROCEEDS IN EXCESS OF THREE
MILLION DOLLARS OF BONDS, GRANTS, LOANS, TAX ABATEMENTS, TAX EXEMPTIONS,
TAX CREDITS, TAX INCREMENT FINANCING OR REAL PROPERTY; AND
(B) "ECONOMIC DEVELOPMENT PROJECT" SHALL MEAN ANY PROJECT RELATED TO A
PUBLIC USE, BENEFIT OR PURPOSE, OR ANY PURPOSE RELATED PRIMARILY TO
ECONOMIC DEVELOPMENT, FOR WHICH ANY STATE ENTITY IS AUTHORIZED TO
PROVIDE GRANTS, TAX CREDITS, OR FINANCIAL ASSISTANCE.
S 2. This act shall take effect immediately.