S T A T E   O F   N E W   Y O R K
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                                  9224

                          I N  A S S E M B L Y

                            February 7, 2012
                               ___________

Introduced  by  M. of A. SILVER, FARRELL, CANESTRARI, LAVINE, WEINSTEIN,
  ENGLEBRIGHT, GLICK, MORELLE, P. RIVERA, CAHILL --  Multi-Sponsored  by
  --  M. of A. ABINANTI, BENEDETTO, BRAUNSTEIN, BRINDISI, CLARK, COLTON,
  COOK, CRESPO, CYMBROWITZ,  DINOWITZ,  ESPINAL,  GABRYSZAK,  GOLDFEDER,
  GOTTFRIED,  HOOPER, JACOBS, JAFFEE, LANCMAN, LATIMER, LIFTON, LINARES,
  LUPARDO,  MAGEE,  MAISEL,  MARKEY,  McENENY,  MILLMAN,  NOLAN,  ORTIZ,
  PAULIN, PEOPLES-STOKES, REILLY, ROBERTS, ROSENTHAL, RYAN, SCARBOROUGH,
  SCHIMEL,  SIMANOWITZ,  SIMOTAS,  SWEENEY,  THIELE, TITONE, WEISENBERG,
  WEPRIN, ZEBROWSKI -- read  once  and  referred  to  the  Committee  on
  Governmental Operations

AN ACT to amend the public authorities law and the state finance law, in
  relation  to  the  application of the Iranian energy sector divestment
  act to certain entities

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

  Section  1.  The  public  authorities  law  is amended by adding a new
section 2879-c to read as follows:
  S 2879-C. IRANIAN  ENERGY  SECTOR  DIVESTMENT.  1.  AS  USED  IN  THIS
SECTION:
  A. "ENERGY SECTOR" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
(A)  OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-A OF THE STATE
FINANCE LAW.
  B. "FINANCIAL INSTITUTION" SHALL HAVE THE SAME MEANING AS  DEFINED  IN
PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-A OF
THE STATE FINANCE LAW.
  C. "INVESTMENT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  PARAGRAPH
(C)  OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-A OF THE STATE
FINANCE LAW.
  D. "IRAN" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH  (D)  OF
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-A OF THE STATE FINANCE
LAW.
  E. "PERSON" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (E) OF
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-A OF THE STATE FINANCE
LAW.

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

                                                           LBD14401-01-2

A. 9224                             2

  2. FOR PURPOSES OF THIS SECTION, A PERSON ENGAGES IN INVESTMENT ACTIV-
ITIES IN IRAN IF:
  A.  THE PERSON PROVIDES GOODS OR SERVICES OF TWENTY MILLION DOLLARS OR
MORE IN THE ENERGY SECTOR OF IRAN, INCLUDING A PERSON THAT PROVIDES  OIL
OR LIQUEFIED NATURAL GAS TANKERS, OR PRODUCTS USED TO CONSTRUCT OR MAIN-
TAIN  PIPELINES  USED TO TRANSPORT OIL OR LIQUEFIED NATURAL GAS, FOR THE
ENERGY SECTOR OF IRAN; OR
  B. THE PERSON IS A FINANCIAL INSTITUTION THAT EXTENDS  TWENTY  MILLION
DOLLARS  OR  MORE  IN  CREDIT  TO ANOTHER PERSON, FOR FORTY-FIVE DAYS OR
MORE, IF THAT PERSON WILL USE THE CREDIT TO PROVIDE GOODS OR SERVICES IN
THE ENERGY SECTOR IN IRAN.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER  OR  ANY  OTHER
LAW TO THE CONTRARY, NO STATE OR LOCAL PUBLIC AUTHORITY OR AN INTERSTATE
OR  INTERNATIONAL AUTHORITY, OR SUBSIDIARY THEREOF, SHALL ENTER INTO ANY
CONTRACT FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD
OR TO BE SOLD, WITH A PERSON THAT IS IDENTIFIED ON A LIST CREATED PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION ONE HUNDRED  SIXTY-
FIVE-A  OF  THE  STATE  FINANCE  LAW  AS A PERSON ENGAGING IN INVESTMENT
ACTIVITIES IN IRAN AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER  OR  ANY  OTHER
LAW  TO  THE CONTRARY, EVERY CONTRACT ENTERED INTO WITH A STATE OR LOCAL
PUBLIC AUTHORITY OR AN INTERSTATE OR INTERNATIONAL AUTHORITY FOR WORK OR
SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, SHALL
CONTAIN THE FOLLOWING STATEMENT SUBSCRIBED BY AND AFFIRMED BY THE PERSON
ENTERING INTO THE CONTRACT AS TRUE UNDER THE PENALTIES OF PERJURY:
  A. "BY SIGNING THIS CONTRACT, EACH PERSON AND EACH PERSON  SIGNING  ON
BEHALF  OF  ANY OTHER PARTY CERTIFIES, AND IN THE CASE OF A JOINT BID OR
PARTNERSHIP EACH PARTY THERETO CERTIFIES AS  TO  ITS  OWN  ORGANIZATION,
UNDER  PENALTY  OF PERJURY, THAT TO THE BEST OF ITS KNOWLEDGE AND BELIEF
THAT EACH PERSON IS NOT ON THE LIST CREATED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION 3 OF SECTION 165-A OF THE STATE FINANCE LAW."
  B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, THE  STATEMENT  OF
NON-INVESTMENT  IN  THE IRANIAN ENERGY SECTOR MAY BE SUBMITTED ELECTRON-
ICALLY.
  C. A CONTRACT SHALL NOT  BE  CONSIDERED  NOR  SHALL  ANY  CONTRACT  BE
ENTERED INTO WHERE THE CONDITION SET FORTH IN PARAGRAPH A OF THIS SUBDI-
VISION  HAS  NOT  BEEN  COMPLIED WITH; PROVIDED, HOWEVER, THAT IF IN ANY
CASE THE PERSON CANNOT MAKE  THE  FOREGOING  CERTIFICATION,  THE  PERSON
SHALL  SO  STATE  AND SHALL FURNISH WITH THE CONTRACT A SIGNED STATEMENT
WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR. A PUBLIC AUTHORITY  MAY
AWARD OR ENTER INTO A CONTRACT WITH A PERSON WHO CANNOT MAKE THE CERTIF-
ICATION  PURSUANT  TO  PARAGRAPH A OF THIS SUBDIVISION ON A CASE-BY-CASE
BASIS IF:
  (1) THE INVESTMENT ACTIVITIES IN IRAN WERE MADE BEFORE  THE  EFFECTIVE
DATE  OF  THIS  SECTION, THE INVESTMENT ACTIVITIES IN IRAN HAVE NOT BEEN
EXPANDED OR RENEWED AFTER THE EFFECTIVE DATE OF THIS  SECTION,  AND  THE
PERSON  HAS  ADOPTED,  PUBLICIZED,  AND IS IMPLEMENTING A FORMAL PLAN TO
CEASE THE INVESTMENT ACTIVITIES IN IRAN AND TO REFRAIN FROM ENGAGING  IN
ANY NEW INVESTMENTS IN IRAN; OR
  (2)  THE  PUBLIC  AUTHORITY  MAKES  A  DETERMINATION THAT THE GOODS OR
SERVICES ARE NECESSARY FOR THE PUBLIC AUTHORITY TO PERFORM ITS FUNCTIONS
AND THAT, ABSENT SUCH AN EXEMPTION, THE PUBLIC AUTHORITY WOULD BE UNABLE
TO OBTAIN THE GOODS OR SERVICES FOR WHICH THE CONTRACT IS OFFERED.  SUCH
DETERMINATION SHALL BE MADE IN WRITING AND SHALL BE A PUBLIC DOCUMENT.
  S  2.  Subdivision 9 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:

A. 9224                             3

  9. "State agency" or "state agencies"  means  all  state  departments,
boards,  commissions, offices or institutions but excludes, however, for
the purposes of subdivision five of section three hundred fifty-five  of
the  education  law,  the state university of New York and excludes, for
the  purposes  of subdivision a of section sixty-two hundred eighteen of
the education law, the city university of New York;  PROVIDED,  HOWEVER,
THAT  THE  STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK  SHALL  BE  SUBJECT  TO  THE  PROVISIONS  OF  SECTION  ONE  HUNDRED
SIXTY-FIVE-A  OF  THIS ARTICLE. Furthermore, such term shall not include
the legislature or the judiciary.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 1 of the laws of 2012, takes effect.