S T A T E O F N E W Y O R K
________________________________________________________________________
9171
2009-2010 Regular Sessions
I N A S S E M B L Y
September 30, 2009
___________
Introduced by M. of A. KOLB, FITZPATRICK, ALFANO, BALL, BARCLAY, BARRA,
BOYLE, BURLING, CALHOUN, CORWIN, CROUCH, DUPREY, ERRIGO, FINCH, HAYES,
JORDAN, P. LOPEZ, McDONOUGH, MILLER, OAKS, O'MARA, QUINN, RAIA,
REILICH, SALADINO, SCOZZAFAVA, TOBACCO, TOWNSEND -- Multi-Sponsored by
-- M. of A. BACALLES, BUTLER, GIGLIO, HAWLEY, McKEVITT, MOLINARO,
RABBITT, SAYWARD, TEDISCO -- read once and referred to the Committee
on Ways and Means
AN ACT to amend chapter 50 of the laws of 2009, enacting the public
protection and general government budget, chapter 51 of the laws of
2009, enacting the legislative and judiciary budget, chapter 52 of the
laws of 2009, enacting the state debt service budget, chapter 53 of
the laws of 2009, enacting the education, labor and family assistance
budget, chapter 54 of the laws of 2009, enacting the health and mental
hygiene budget, chapter 55 of the laws of 2009, enacting the transpor-
tation, economic development and environmental conservation budget,
chapter 56 of the laws of 2009, amending the state finance law relat-
ing to expanding the use of funds deposited in the criminal justice
improvement account, chapter 57 of the laws of 2009, amending the
education law relating to contracts for excellence, chapter 58 of the
laws of 2009, amending the public health law and the elder law relat-
ing to financing for certain provisions of the public health law, and
chapter 59 of the laws of 2009, amending chapter 279 of the laws of
1998 amending the transportation law relating to enabling the commis-
sioner of transportation to establish a single audit pilot program
relating to extending such provisions, in relation to prohibiting the
disbursement of state funds to the Association of Community Organiza-
tions for Reform Now, the New York Agency for Community Affairs or any
entity associated therewith
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14770-02-9
A. 9171 2
Section 1. Section 1 of chapter 50 of the laws of 2009, enacting the
public protection and general government budget, is amended by adding a
new subdivision i) to read as follows:
I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR INDI-
RECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCIATION
OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK AGENCY
FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH THE
OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES DIREC-
TORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGANIZATION
THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE FINANCES OF
WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED THROUGH ORGAN-
IZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY ACORN UNTIL
THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY INVESTIGATED
OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND CERTIFIED TO
THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS SHOULD NOT BE
DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS OR THE RECEIPT
OF STATE FUNDS FOR CONTRACTED SERVICES.
S 2. The opening paragraph of section 1 of chapter 51 of the laws of
2009, enacting the legislative and judiciary budget, is amended to read
as follows:
The several amounts named in this section or so much thereof as shall
be sufficient to accomplish the purposes designated by the appropri-
ations, are hereby appropriated and authorized to be paid as hereinafter
provided, to the respective public officers and for the fiscal year
beginning April 1, 2009.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR INDI-
RECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCIATION
OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK AGENCY
FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH THE
OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES DIREC-
TORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGANIZATION
THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE FINANCES OF
WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED THROUGH ORGAN-
IZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY ACORN UNTIL
THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY INVESTIGATED
OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND CERTIFIED TO
THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS SHOULD NOT BE
DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS OR THE RECEIPT
OF STATE FUNDS FOR CONTRACTED SERVICES.
S 3. The opening paragraph of section 1 of chapter 52 of the laws of
2009, enacting the state debt service budget, is amended to read as
follows:
The several sums specified in this section, or so much thereof as may
be sufficient to accomplish in full the purposes designated by the
appropriations, are hereby appropriated to be paid as herein provided
for the funds and purposes specified and are made available for the
fiscal year beginning April 1, 2009.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR INDI-
RECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCIATION
OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK AGENCY
FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH THE
OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES DIREC-
TORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGANIZATION
A. 9171 3
THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE FINANCES OF
WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED THROUGH ORGAN-
IZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY ACORN UNTIL
THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY INVESTIGATED
OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND CERTIFIED TO
THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS SHOULD NOT BE
DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS OR THE RECEIPT
OF STATE FUNDS FOR CONTRACTED SERVICES.
S 4. Section 1 of chapter 53 of the laws of 2009, enacting the educa-
tion, labor and family assistance budget, is amended by adding a new
subdivision i) to read as follows:
I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR INDI-
RECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCIATION
OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK AGENCY
FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH THE
OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES DIREC-
TORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGANIZATION
THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE FINANCES OF
WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED THROUGH ORGAN-
IZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY ACORN UNTIL
THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY INVESTIGATED
OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND CERTIFIED TO
THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS SHOULD NOT BE
DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS OR THE RECEIPT
OF STATE FUNDS FOR CONTRACTED SERVICES.
S 5. Section 1 of chapter 54 of the laws of 2009, enacting the health
and mental hygiene budget, is amended by adding a new subdivision i) to
read as follows:
I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR INDI-
RECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCIATION
OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK AGENCY
FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH THE
OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES DIREC-
TORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGANIZATION
THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE FINANCES OF
WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED THROUGH ORGAN-
IZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY ACORN UNTIL
THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY INVESTIGATED
OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND CERTIFIED TO
THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS SHOULD NOT BE
DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS OR THE RECEIPT
OF STATE FUNDS FOR CONTRACTED SERVICES.
S 6. Section 1 of chapter 55 of the laws of 2009, enacting the trans-
portation, economic development and environmental conservation budget,
is amended by adding a new subdivision i) to read as follows:
I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR INDI-
RECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCIATION
OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK AGENCY
FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH THE
OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES DIREC-
TORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGANIZATION
THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE FINANCES OF
WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED THROUGH ORGAN-
A. 9171 4
IZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY ACORN UNTIL
THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY INVESTIGATED
OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND CERTIFIED TO
THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS SHOULD NOT BE
DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS OR THE RECEIPT
OF STATE FUNDS FOR CONTRACTED SERVICES.
S 7. Chapter 56 of the laws of 2009, amending the state finance law
relating to expanding the use of funds deposited in the criminal justice
improvement account, is amended by adding a new section 1-a to read as
follows:
S 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
NONE OF THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR
INDIRECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCI-
ATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK
AGENCY FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH
THE OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES
DIRECTORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGAN-
IZATION THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE
FINANCES OF WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED
THROUGH ORGANIZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY
ACORN UNTIL THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY
INVESTIGATED OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND
CERTIFIED TO THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS
SHOULD NOT BE DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS
OR THE RECEIPT OF STATE FUNDS FOR CONTRACTED SERVICES.
S 8. Chapter 57 of the laws of 2009, amending the education law relat-
ing to contracts for excellence, is amended by adding a new section 1-a
to read as follows:
S 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
NONE OF THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR
INDIRECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCI-
ATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK
AGENCY FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH
THE OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES
DIRECTORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGAN-
IZATION THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE
FINANCES OF WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED
THROUGH ORGANIZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY
ACORN UNTIL THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY
INVESTIGATED OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND
CERTIFIED TO THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS
SHOULD NOT BE DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS
OR THE RECEIPT OF STATE FUNDS FOR CONTRACTED SERVICES.
S 9. Chapter 58 of the laws of 2009, amending the public health law
and the elder law relating to financing for certain provisions of the
public health law, is amended by adding a new section 1-a to read as
follows:
S 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
NONE OF THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR
INDIRECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCI-
ATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK
AGENCY FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH
THE OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES
DIRECTORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGAN-
IZATION THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE
FINANCES OF WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED
A. 9171 5
THROUGH ORGANIZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY
ACORN UNTIL THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY
INVESTIGATED OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND
CERTIFIED TO THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS
SHOULD NOT BE DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS
OR THE RECEIPT OF STATE FUNDS FOR CONTRACTED SERVICES.
S 10. Chapter 59 of the laws of 2009, amending chapter 279 of the laws
of 1998 amending the transportation law relating to enabling the commis-
sioner of transportation to establish a single audit pilot program
relating to extending such provisions, is amended by adding a new
section 1-a to read as follows:
S 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
NONE OF THE FUNDS MADE AVAILABLE PURSUANT TO THIS ACT MAY BE DIRECTLY OR
INDIRECTLY APPROPRIATED FOR, PAID TO OR HELD ON ACCOUNT OF THE ASSOCI-
ATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN), THE NEW YORK
AGENCY FOR COMMUNITY AFFAIRS, ANY STATE CHAPTER OF ACORN REGISTERED WITH
THE OFFICE OF THE SECRETARY OF STATE, ANY ORGANIZATION THAT SHARES
DIRECTORS, EMPLOYEES OR INDEPENDENT CONTRACTORS WITH ACORN, ANY ORGAN-
IZATION THAT HAS A FINANCIAL STAKE IN ACORN, OR ANY ORGANIZATION THE
FINANCES OF WHICH, WHETHER FEDERALLY FUNDED, DONOR-FUNDED OR RAISED
THROUGH ORGANIZATIONAL GOODS AND SERVICES, ARE CONTROLLED OR SHARED BY
ACORN UNTIL THE ATTORNEY GENERAL AND THE STATE COMPTROLLER HAVE FULLY
INVESTIGATED OR REVIEWED THE INVESTIGATIONS OF FEDERAL AUTHORITIES, AND
CERTIFIED TO THE GOVERNOR AND THE LEGISLATURE THAT SAID ORGANIZATIONS
SHOULD NOT BE DISQUALIFIED FROM PARTICIPATING IN STATE FUNDED PROGRAMS
OR THE RECEIPT OF STATE FUNDS FOR CONTRACTED SERVICES.
S 11. This act shall take effect immediately.