S T A T E O F N E W Y O R K
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5210
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
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Introduced by M. of A. KATZ, STEVENSON, CASTELLI -- Multi-Sponsored by
-- M. of A. MOLINARO -- 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:
Section 1. The general municipal law is amended by adding a new arti-
cle 18-D to read as follows:
ARTICLE 18-D
DEVELOPMENT ASSISTANCE DISCLOSURE
SECTION 971. DEFINITIONS.
972. DISCLOSURE.
S 971. DEFINITIONS. AS USED IN THIS ARTICLE:
(A) "DEVELOPMENT ASSISTANCE" MEANS:
(1) TAX CREDITS AND TAX EXEMPTIONS GIVEN AS INCENTIVES TO A RECIPIENT
PURSUANT TO A DEVELOPMENT ASSISTANCE AGREEMENT UNDER ARTICLE EIGHTEEN-A
OR EIGHTEEN-B OF THIS CHAPTER; AND
(2) ANY OTHER PROGRAM OR INCENTIVE INTENDED TO PROMOTE AND ENSURE A
BUSINESS RELOCATION OR EXPANSION.
(B) "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
A STATE OR MUNICIPAL BODY AND A RECIPIENT SETTING FORTH ALL TERMS,
CONDITIONS AND UNDERSTANDINGS THEREOF OF THE PROVISION OF DEVELOPMENT
ASSISTANCE.
(C) "RECIPIENT" MEANS ANY BUSINESS ENTITY THAT RECEIVES DEVELOPMENT
ASSISTANCE PURSUANT TO A DEVELOPMENT ASSISTANCE AGREEMENT.
S 972. DISCLOSURE. (A) EVERY RECIPIENT SHALL, UPON REQUEST OF ANY
PERSON, PROVIDE A COPY OF EACH DEVELOPMENT ASSISTANCE AGREEMENT IT HAS
ENTERED INTO, A SUMMARY OF ALL DEVELOPMENT ASSISTANCE PROVIDED PURSUANT
TO SUCH AGREEMENT, A SUMMARY AND EXPLANATION OF ALL TERMS AND CONDITIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07995-01-1
A. 5210 2
OF SUCH AGREEMENT, THE EXTENT OF COMPLIANCE WITH SUCH TERMS AND CONDI-
TIONS, AND THE PROJECT TO WHICH EACH SUCH AGREEMENT RELATES. EACH RECIP-
IENT SHALL IN A TIMELY AND ACCURATE MANNER REGULARLY UPDATE ALL SUCH
INFORMATION.
(B) ALL INFORMATION REQUIRED TO BE MADE AVAILABLE TO THE PUBLIC PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE POSTED AND MADE AVAIL-
ABLE TO THE PUBLIC ON THE INTERNET WEBSITE OF THE RECIPIENT.
(C) ON OR BEFORE THE FIRST OF JANUARY, APRIL, JULY AND OCTOBER, EACH
RECIPIENT SHALL SUBMIT TO THE SECRETARY OF STATE, ALL INFORMATION
REQUIRED TO BE MADE AVAILABLE TO THE PUBLIC PURSUANT TO SUBDIVISION (A)
OF THIS SECTION.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.