Senate Bill S5464

                            
                    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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11274-07-0
              

S. 5464--A                          2

  2. PRIOR TO AN APPROPRIATION BY THE STATE FOR ANY FINANCIAL ASSISTANCE
BY A STATE AGENCY, PUBLIC AUTHORITY OR CORPORATION, OR ANY  OTHER  STATE
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.