S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2287

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced  by  M.  of  A.  WRIGHT,  CLARK, PEOPLES-STOKES, SCARBOROUGH,
  JAFFEE -- Multi-Sponsored by -- M.  of  A.  BRENNAN,  CAHILL,  COLTON,
  COOK,  DESTITO,  GABRYSZAK,  GALEF, GOTTFRIED, LIFTON, McENENY -- read
  once and referred  to  the  Committee  on  Economic  Development,  Job
  Creation, Commerce and Industry

AN ACT to amend the New York state urban development corporation act and
  the  general  municipal  law, in relation to the repayment, in certain
  circumstances, of grant money awarded under the JOBS Now  program  and
  grant money issued by an industrial development agency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 16-h of section 1 of chapter 174  of  the  laws  of
1968, constituting the New York state urban development corporation act,
is amended by adding a new subdivision 2-a to read as follows:
  2-A.  ANY  PRIVATE  BUSINESS  AWARDED  GRANT  MONEY UNDER THE JOBS NOW
PROGRAM MUST REPAY SUCH GRANT MONEY IN FULL IF THE BUSINESS  LEAVES  THE
STATE WITHIN FIVE YEARS AFTER THE GRANT MONEY IS DISTRIBUTED.
  S  2.  Subdivision  9  of section 858 of the general municipal law, as
amended by chapter 444 of the laws  of  1997,  is  amended  to  read  as
follows:
  (9)  To  make  contracts  and  leases,  and to execute all instruments
necessary or convenient to or with  any  person,  firm,  partnership  or
corporation,  either  public  or  private;  provided,  however, that any
extension of an existing contract, lease or other agreement entered into
by an agency with respect to a project shall be guided by the provisions
of this article; AND PROVIDED FURTHER, HOWEVER, THAT ANY EXTENSION OF AN
EXISTING CONTRACT OR AGREEMENT AND ANY NEW CONTRACT ENTERED INTO  BY  AN
AGENCY WITH A PRIVATE PERSON, FIRM, PARTNERSHIP OR CORPORATION AND WHICH
PROVIDES  FINANCIAL  ASSISTANCE  IN  THE FORM OF GRANTS, SHALL INCLUDE A
PROVISION WHICH REQUIRES THE PRIVATE PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION TO REPAY THE FINANCIAL ASSISTANCE IN FULL IF THE  PRIVATE  ENTITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05677-01-1
              

A. 2287                             2

LEAVES THE STATE OR MOVES ITS SERVICES OR GOODS OUT OF STATE WITHIN FIVE
YEARS AFTER THE FINANCIAL ASSISTANCE IS DISTRIBUTED;
  S  3.  Subdivision 1 of section 859-a of the general municipal law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
  1. The agency must adopt a resolution describing the project  and  the
financial  assistance  that  the agency is contemplating with respect to
such project. Such assistance shall be consistent with the  uniform  tax
exemption  policy  adopted by the agency pursuant to subdivision four of
section eight hundred seventy-four of this [chapter] TITLE,  unless  the
agency has followed the procedures for deviation from such policy speci-
fied  in paragraph (b) of such subdivision.  SUCH RESOLUTION SHALL STATE
IF A PRIVATE PERSON, FIRM, PARTNERSHIP OR CORPORATION  RECEIVING  FINAN-
CIAL  ASSISTANCE  LEAVES THE STATE OR MOVES ITS SERVICES OR GOODS OUT OF
STATE WITHIN FIVE YEARS AFTER THE FINANCIAL ASSISTANCE  IS  DISTRIBUTED,
SUCH  PRIVATE  PERSON,  FIRM, PARTNERSHIP OR CORPORATION SHALL REPAY THE
FINANCIAL ASSISTANCE IN FULL.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law, and shall apply to grants distributed and contracts
and agreements extended or entered into on or after such effective date.