Assembly Bill A2773

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

                                  2773

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

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

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.
                                                           LBD00756-01-3

              

A. 2773                             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.