Senate Bill S1729

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

                                  1729

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. ESPAILLAT, DILAN, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Corpo-
  rations, Authorities and Commissions

AN  ACT to amend the public authorities law, in relation to establishing
  the position of the public authorities inspector general; to amend the
  public authorities law and the general municipal law, in  relation  to
  the  accountability  of industrial development agencies and prevailing
  wage requirements  for  industrial  development  agency  projects  and
  certain  empire  zone  work;  and  to  amend the public health law, in
  relation to providing health care coverage for workers  on  industrial
  development agency projects and certain empire zone work

  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 arti-
cle 1-B to read as follows:
                               ARTICLE 1-B
                  PUBLIC AUTHORITIES INSPECTOR GENERAL
SECTION 55. PUBLIC AUTHORITIES INSPECTOR GENERAL; APPOINTMENT;  TERM  OF
              OFFICE.
        56. OFFICE OF THE PUBLIC AUTHORITIES INSPECTOR GENERAL.
        57. AUTHORITY OF THE INSPECTOR GENERAL.
  S  55.  PUBLIC  AUTHORITIES  INSPECTOR  GENERAL;  APPOINTMENT; TERM OF
OFFICE.  1. AS USED IN THIS ARTICLE:
  A. THE TERM "ATTORNEY GENERAL" SHALL MEAN THE NEW YORK STATE  ATTORNEY
GENERAL;
  B.  THE  TERM  "INSPECTOR  GENERAL"  SHALL MEAN THE PUBLIC AUTHORITIES
INSPECTOR GENERAL CREATED BY SUBDIVISION TWO OF THIS SECTION; AND
  C. THE TERM "PUBLIC AUTHORITY" SHALL INCLUDE ANY  AUTHORITY  OR  OTHER
PUBLIC  BENEFIT  CORPORATION  CREATED  IN THIS CHAPTER OR ANY OTHER LAW,
INCLUDING BUT NOT LIMITED TO AN INDUSTRIAL DEVELOPMENT AGENCY.

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

                                                           LBD02614-01-3

S. 1729                             2

  2. THERE SHALL BE A PUBLIC AUTHORITIES  INSPECTOR  GENERAL  WHO  SHALL
HAVE  AND  EXERCISE THE POWERS, DUTIES AND PREROGATIVES PROVIDED BY THIS
CHAPTER AND ANY OTHER PROVISIONS OF LAW. THE INSPECTOR GENERAL SHALL  BE
APPOINTED BY THE ATTORNEY GENERAL.
  3.  THE TERM OF THE FIRST INSPECTOR GENERAL APPOINTED UNDER THIS ARTI-
CLE SHALL BEGIN ON THE DATE OF APPOINTMENT, AND SHALL END ON  THE  MARCH
THIRTY-FIRST  OF  THE  FIFTH CALENDAR YEAR BEGINNING AFTER THE EFFECTIVE
DATE OF  THIS  ARTICLE.  ALL  SUBSEQUENT  INSPECTORS  GENERAL  SHALL  BE
APPOINTED  FOR A FIVE YEAR TERM. IN THE EVENT THAT A VACANCY SHALL OCCUR
FOR ANY REASON DURING ANY FIVE YEAR TERM, THE VACANCY  SHALL  BE  FILLED
FOR  THE  REMAINDER  OF THE UNCOMPLETED TERM, PROVIDED, HOWEVER, THAT IF
THE UNCOMPLETED TERM IS LESS THAN TWO YEARS, THE  ATTORNEY  GENERAL  MAY
APPOINT THE NEW INSPECTOR GENERAL TO A FULL FIVE YEAR TERM.
  4.  THE OFFICE OF THE INSPECTOR GENERAL SHALL BE AN INDEPENDENT OFFICE
AND SHALL NOT BE A UNIT OF THE ATTORNEY GENERAL'S OFFICE.  THE SALARY OF
THE INSPECTOR GENERAL SHALL BE AS PROVIDED BY LAW, AND THE ANNUAL BUDGET
FOR THE OFFICE SHALL BE DETERMINED AND FUNDED IN THE MANNER PROVIDED  BY
SECTION  FIFTY-SIX OF THIS ARTICLE. THE OFFICE OF GENERAL SERVICES SHALL
ARRANGE FOR SUITABLE OFFICE SPACE, EQUIPMENT AND RESOURCES. EACH  PUBLIC
AUTHORITY  SUBJECT  TO THE OFFICE OF THE INSPECTOR GENERAL SHALL PROVIDE
SUITABLE OFFICE SPACE, EQUIPMENT AND  RESOURCES  FOR  EMPLOYEES  OF  THE
INSPECTOR  GENERAL  ASSIGNED  TO SUCH PUBLIC AUTHORITY ON A FULL-TIME OR
PART-TIME BASIS.
  5. THE INSPECTOR GENERAL MAY NOT BE REMOVED EXCEPT BY A  JOINT  RESOL-
UTION OF THE LEGISLATURE, AFTER NOTICE AND OPPORTUNITY FOR HEARING, ONLY
FOR:
  A. PERMANENT DISABILITY;
  B. INEFFICIENCY;
  C. NEGLECT OF DUTY;
  D. MALFEASANCE; OR
  E. A FELONY OR CONDUCT INVOLVING MORAL TURPITUDE.
  S  56.  OFFICE  OF  THE PUBLIC AUTHORITIES INSPECTOR GENERAL.   1. THE
INSPECTOR GENERAL SHALL BE AUTHORIZED TO APPOINT AND AT PLEASURE  REMOVE
DEPUTY INSPECTORS GENERAL, ASSISTANT DEPUTY INSPECTORS GENERAL, AND SUCH
OTHER   STAFF,   INCLUDING  INVESTIGATORS,  ACCOUNTANTS,  ADMINISTRATIVE
ASSISTANTS AND SUCH OTHER SUPPORT STAFF AND CONSULTANTS  AS  HE  OR  SHE
SHALL  DEEM NECESSARY AND APPROPRIATE TO ACCOMPLISH THE RESPONSIBILITIES
AND DUTIES CONTAINED IN THIS ARTICLE OR ELSEWHERE IN LAW,  AND  FIX  AND
DETERMINE THE QUALIFICATIONS, DUTIES AND COMPENSATION OF SUCH ADDITIONAL
OFFICERS  AND  STAFF, SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW
AND SUCH RULES AS THE CIVIL SERVICE COMMISSION MAY ADOPT AND MAKE APPLI-
CABLE TO THE OFFICE OF THE INSPECTOR GENERAL. THE INSPECTOR GENERAL  MAY
ALSO FROM TIME TO TIME CONTRACT FOR SUCH EXPERT PROFESSIONAL SERVICES AS
MAY BE DEEMED NECESSARY AND CONVENIENT.
  2.  NOT  MORE  THAN NINETY DAYS FROM THE BEGINNING OF HIS OR HER TERM,
THE FIRST INSPECTOR GENERAL SHALL PROPOSE AND DELIVER TO  THE  GOVERNOR,
THE  ATTORNEY  GENERAL,  THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY A PLAN OF  ORGANIZATION  OF  THE
OFFICE  OF  THE INSPECTOR GENERAL SO AS TO PROVIDE THE SERVICES NORMALLY
PROVIDED BY AN INSPECTOR GENERAL  IN  AN  ADEQUATE  AND  COST  EFFECTIVE
MANNER.  THEREAFTER, THE INSPECTOR GENERAL MAY FROM TIME TO TIME PROPOSE
AN  AMENDED  OR MODIFIED PLAN OF ORGANIZATION.  SUCH PLAN SHALL EVALUATE
THE PROJECTED NEEDS OF EACH PUBLIC AUTHORITY FOR  THE  SERVICES  OF  THE
INSPECTOR  GENERAL  WHICH  SHALL  BE  BASED  ON RELEVANT CONSIDERATIONS,
INCLUDING WITHOUT LIMITATION, THE SIZE OF THE AUTHORITY AND THE COMPLEX-
ITY OF ITS BUSINESS; WHETHER THE BUSINESS OF THE AUTHORITY IS SUCH  THAT

S. 1729                             3

WOULD  PROVIDE  THE  OPPORTUNITY FOR WRONGDOING AND WHETHER THERE IS ANY
HISTORY OF WRONGDOING IN THE AUTHORITY;  AND  WHETHER  THERE  ARE  OTHER
AUTHORITIES  IN  THE SAME OR SIMILAR BUSINESS SUCH THAT IT WOULD PROMOTE
EFFICIENCY  FOR  THEM  TO  SHARE INSPECTOR GENERAL STAFF.  SUCH PROPOSED
PLAN OF ORGANIZATION SHALL SET FORTH THE FOLLOWING ITEMS:
  A. THE NAMES OF THE PUBLIC AUTHORITIES THAT REQUIRE A FULL-TIME DEPUTY
INSPECTOR GENERAL WITH OR WITHOUT ONE OR MORE ASSISTANT  DEPUTY  INSPEC-
TORS GENERAL;
  B. A DESCRIPTION OF GROUPS OF PUBLIC AUTHORITIES, BY NAMES, BY CHARAC-
TERISTICS,  OR  BY PURPOSE THAT COULD BE COVERED BY ONE DEPUTY INSPECTOR
GENERAL WITH OR WITHOUT ONE OR MORE ASSISTANT DEPUTY INSPECTORS GENERAL;
  C. A PLAN TO PROVIDE INSPECTOR GENERAL SERVICES TO THE PUBLIC AUTHORI-
TIES NOT COVERED BY PARAGRAPHS A AND B OF THIS SUBDIVISION; AND
  D. SUCH OTHER MATTER AS MAY BE DEEMED APPROPRIATE.
  3. THE PLAN OF ORGANIZATION OF THE INSPECTOR GENERAL SHALL  BE  EFFEC-
TIVE UNTIL MODIFIED, AMENDED OR REPLACED BY LAW.
  4. NOTWITHSTANDING ANY PLAN OF ORGANIZATION, THE INSPECTOR GENERAL MAY
BE  REQUIRED  BY LAW TO PROVIDE INSPECTOR GENERAL SERVICES TO ANY PUBLIC
AUTHORITY OR GROUP OF PUBLIC AUTHORITIES IN A SPECIFIC MANNER  SPECIFIED
IN SUCH LAW.
  5. ALL COSTS AND EXPENSES OF THE OFFICE OF THE INSPECTOR GENERAL SHALL
BE  PAID  PURSUANT TO APPROPRIATION IN THE FIRST INSTANCE FROM THE STATE
TREASURY ON THE CERTIFICATION OF THE  INSPECTOR  GENERAL  AND  UPON  THE
AUDIT  AND WARRANT OF THE COMPTROLLER. THE STATE TREASURY SHALL BE REIM-
BURSED THEREFOR BY PAYMENTS TO BE MADE THERETO FROM ALL MONEYS COLLECTED
PURSUANT TO THIS SECTION. THE TOTAL OF SUCH COSTS AND EXPENSES SHALL  BE
BORNE  BY THE PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS SUBJECT
TO THE INSPECTOR GENERAL, TO BE  ASSESSED  IN  THE  MANNER  PROVIDED  IN
SUBDIVISIONS SIX, SEVEN AND EIGHT OF THIS SECTION.
  6.  THE  INSPECTOR  GENERAL SHALL ESTIMATE AND DELIVER TO THE ATTORNEY
GENERAL, THE COMPTROLLER, THE DIRECTOR  OF  THE  BUDGET,  THE  TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY PRIOR TO DECEM-
BER  FIRST  OF EACH YEAR THE TOTAL COSTS AND EXPENSES FOR THE SUBSEQUENT
STATE FISCAL YEAR,  INCLUDING  THE  COMPENSATION  AND  EXPENSES  OF  THE
INSPECTOR  GENERAL AND HIS OR HER STAFF, THEIR AGENTS AND EMPLOYEES, AND
INCLUDING THE COST OF RETIREMENT CONTRIBUTIONS, SOCIAL SECURITY,  HEALTH
AND  DENTAL INSURANCE, SURVIVOR'S BENEFITS, WORKERS' COMPENSATION, UNEM-
PLOYMENT INSURANCE AND OTHER FRINGE BENEFITS REQUIRED TO BE PAID BY  THE
STATE  FOR  THE  PERSONNEL  OF  THE OFFICE OF THE INSPECTOR GENERAL, AND
INCLUDING ALL OTHER ITEMS OF MAINTENANCE AND OPERATION EXPENSES, AND ALL
OTHER DIRECT AND INDIRECT COSTS. BASED ON SUCH ESTIMATE,  THE  INSPECTOR
GENERAL  SHALL  DETERMINE THE AMOUNT TO BE PAID BY EACH PUBLIC AUTHORITY
AND PUBLIC BENEFIT CORPORATION IN ACCORDANCE WITH SUBDIVISION  SEVEN  OF
THIS  SECTION.  UNLESS AMENDED BY LAW, THE ESTIMATE AND ALLOCATION SHALL
BECOME FINAL. THE INSPECTOR GENERAL SHALL  RENDER  BILLS  IN  ACCORDANCE
WITH  THE ORIGINAL ESTIMATE AND ALLOCATION TO EACH SUCH PUBLIC AUTHORITY
AND PUBLIC BENEFIT CORPORATION, NOT LATER THAN FEBRUARY FIRST  PRIOR  TO
THE  BEGINNING OF THE APPLICABLE FISCAL YEAR; AN AMENDED BILL IN ACCORD-
ANCE WITH ANY AMENDING CHAPTER OF LAW SHALL BE SENT OUT AS SOON AS PRAC-
TICABLE AFTER THE ENACTMENT OF SUCH LAW.
  7. THE ESTIMATE OF TOTAL COSTS AND EXPENSES SHALL BE  ALLOCATED  AMONG
THE PUBLIC AUTHORITIES ON AN EQUITABLE BASIS CONSISTENT WITH THE FOLLOW-
ING PRINCIPLES:
  A. EACH PUBLIC AUTHORITY SHALL BE ASSESSED FOR THE ESTIMATED COSTS AND
EXPENSES  RELATING TO ANY DEPUTY INSPECTOR GENERAL, ALL OTHER PERSONNEL,
AND ANY OTHER EXPENDITURES DEDICATED TO SUCH PUBLIC AUTHORITY;

S. 1729                             4

  B. EACH PUBLIC AUTHORITY THAT IS A MEMBER OF A GROUP OF PUBLIC AUTHOR-
ITIES WHICH SHARES RESOURCES SHALL BE ASSESSED FOR A PROPORTIONAL  SHARE
OF  THE  ESTIMATED  COSTS  AND EXPENSES RELATING TO ANY DEPUTY INSPECTOR
GENERAL, ALL OTHER PERSONNEL, AND ANY OTHER  EXPENDITURES  DEDICATED  TO
SUCH GROUP; AND
  C. EACH PUBLIC AUTHORITY SHALL BE ASSESSED FOR A PROPORTIONAL SHARE OF
THE  ESTIMATED COSTS AND EXPENSES RELATING TO THE INSPECTOR GENERAL, ANY
DEPUTY INSPECTOR GENERALS,  AND  ALL  OTHER  PERSONNEL,  AND  ANY  OTHER
EXPENDITURES WHICH ARE NOT DEDICATED TO ANY PUBLIC AUTHORITY OR GROUP OF
PUBLIC AUTHORITIES.
  8. THE PUBLIC AUTHORITIES SHALL PAY THE INSPECTOR GENERAL'S ASSESSMENT
TO  THE  STATE TREASURY IN QUARTERLY INSTALLMENTS DUE ON OR BEFORE APRIL
FIRST (WHICH PAYMENT MAY BE PROVISIONAL IF A FINAL AMENDED BILL HAS  NOT
BEEN  SENT),  JULY FIRST, OCTOBER FIRST, AND JANUARY FIRST OF EACH STATE
FISCAL YEAR.
  S 57. AUTHORITY OF THE INSPECTOR GENERAL.  1. IN ADDITION TO ANY OTHER
DUTIES AND RESPONSIBILITIES AS MAY BE PROVIDED  BY  LAW,  THE  INSPECTOR
GENERAL SHALL HAVE THE DUTY AND RESPONSIBILITY TO:
  A.  INITIATE, CONDUCT, AND SUPERVISE SUCH INQUIRIES AND INVESTIGATIONS
RELATING TO ANY ALLEGED OR  POSSIBLE  WRONG,  WHETHER  CIVIL,  CRIMINAL,
ADMINISTRATIVE,  OR  ETHICAL IN NATURE, IN ANY PUBLIC AUTHORITY AS HE OR
SHE CONSIDERS APPROPRIATE BASED ON INFORMATION RECEIVED FROM ANY OFFICER
OR EMPLOYEE OF THE AUTHORITY OR FROM ANY OTHER INFORMANT, OR UPON HIS OR
HER OWN INITIATIVE, PROVIDED, HOWEVER, THAT THE INSPECTOR GENERAL  SHALL
PROMPTLY  TURN OVER TO THE PROPER PROSECUTORIAL AUTHORITIES ANY SUBSTAN-
TIAL EVIDENCE THAT A CRIME HAS BEEN COMMITTED;
  B. INVESTIGATE EVIDENCE OR ALLEGATIONS OF  CORRUPTION,  GRAFT,  FRAUD,
CONFLICTS  OF  INTEREST,  UNLAWFUL  DISCRIMINATION OR OTHER ABUSE IN ANY
PUBLIC AUTHORITY;
  C. INFORM THE GOVERNOR, THE COMPTROLLER, THE LEADERS OF THE SENATE AND
THE ASSEMBLY, THE BOARDS AND EXECUTIVE MANAGEMENT OF THE INVOLVED PUBLIC
AUTHORITY AND  THE  PUBLIC  CONCERNING  ALLEGATIONS,  EVIDENCE  AND  THE
RESULTS  OF INVESTIGATIONS; PROVIDED, HOWEVER, THAT SUCH REPORTING SHALL
BE DONE AT SUCH TIMES AND IN SUCH DETAIL AS THE CIRCUMSTANCES REQUIRE;
  D. RECOMMEND APPROPRIATE ACTION WITH RESPECT  TO  EACH  INVESTIGATION,
SUCH  AS  DISCIPLINARY  ACTION,  CIVIL LAWSUIT, CRIMINAL PROSECUTION, OR
REFERRAL TO AN APPROPRIATE FEDERAL, STATE, OR LOCAL AGENCY  FOR  FURTHER
INVESTIGATION  OR  ACTION  AND  TO  COOPERATE IN ANY CONTINUING INVESTI-
GATION;
  E. PREPARE AND RELEASE TO THE PUBLIC  WRITTEN  REPORTS  OF  EACH  SUCH
INVESTIGATION  AND  PERIODIC  SUMMARY REPORTS OF INVESTIGATIVE ACTIVITY;
PROVIDED, HOWEVER, THAT SUCH REPORTS AND SUMMARY REPORTS MAY BE DELAYED,
REDACTED, OR WRITTEN USING FICTITIOUS NAMES SO AS TO PRESERVE THE PRIVA-
CY RIGHTS OF AFFECTED INDIVIDUALS;
  F. REVIEW AND EXAMINE THE POLICIES AND PROCEDURES OF  PUBLIC  AUTHORI-
TIES  WITH  REGARD TO THE PREVENTION AND DETECTION OF CORRUPTION, GRAFT,
FRAUD, CONFLICTS OF INTEREST, UNLAWFUL DISCRIMINATION OR OTHER ABUSE;
  G. RECOMMEND REMEDIAL  ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
GRAFT,  FRAUD,  CONFLICTS  OF INTEREST, UNLAWFUL DISCRIMINATION OR OTHER
ABUSE; AND
  H. ESTABLISH OR MONITOR TRAINING PROGRAMS FOR OFFICERS  AND  EMPLOYEES
OF  PUBLIC  AUTHORITIES  REGARDING  THE  PREVENTION  OR  ELIMINATION  OF
CORRUPTION, GRAFT, FRAUD, CONFLICTS OF INTEREST, UNLAWFUL DISCRIMINATION
OR OTHER ABUSE.
  2. IN ADDITION TO THE AUTHORITY OTHERWISE PROVIDED BY LAW, THE INSPEC-
TOR GENERAL, EACH DEPUTY INSPECTOR GENERAL  AND  EACH  ASSISTANT  DEPUTY

S. 1729                             5

INSPECTOR  GENERAL,  IN  CARRYING OUT THE PROVISIONS OF THIS ARTICLE, IS
AUTHORIZED TO:
  A.  HAVE  ACCESS  TO ALL RECORDS, REPORTS, AUDITS, REVIEWS, DOCUMENTS,
PAPERS, RECOMMENDATIONS, OR OTHER MATERIAL ON ANY MATTER  INVOLVING  THE
OPERATIONS OR ADMINISTRATION OF ANY PUBLIC AUTHORITY SUBJECT TO INVESTI-
GATION BY THE INSPECTOR GENERAL;
  B.  REQUEST  SUCH  INFORMATION  OR  ASSISTANCE AS MAY BE NECESSARY FOR
CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF  THE  INSPECTOR  GENERAL
FROM ANY FEDERAL, STATE, OR LOCAL GOVERNMENT OR ANY AGENCY OR UNIT THER-
EOF;
  C.  REQUIRE  BY SUBPOENA THE PRODUCTION OF ALL INFORMATION, DOCUMENTS,
REPORTS, ANSWERS, RECORDS, ACCOUNTS, PAPERS, AND OTHER DATA AND DOCUMEN-
TARY EVIDENCE NECESSARY OR USEFUL IN THE PERFORMANCE OF  THE  DUTIES  OR
RESPONSIBILITIES  OF  THE  INSPECTOR  GENERAL,  WHICH  SUBPOENA SHALL BE
ENFORCEABLE BY ORDER OF THE SUPREME COURT  OF  APPROPRIATE  JURISDICTION
AND VENUE;
  D.  ADMINISTER  TO  OR  TAKE  FROM ANY PERSON AN OATH, AFFIRMATION, OR
AFFIDAVIT, WHENEVER NECESSARY  IN  THE  PERFORMANCE  OF  THE  DUTIES  OR
RESPONSIBILITIES  OF  THE INSPECTOR GENERAL, WHICH OATH, AFFIRMATION, OR
AFFIDAVIT WHEN ADMINISTERED OR TAKEN BY OR BEFORE  AN  EMPLOYEE  OF  THE
OFFICE  OF  INSPECTOR  GENERAL DESIGNATED BY THE INSPECTOR GENERAL SHALL
HAVE THE SAME FORCE AND EFFECT AS IF ADMINISTERED OR TAKEN BY OR  BEFORE
A NOTARY PUBLIC;
  E.  HAVE  DIRECT AND PROMPT ACCESS TO THE HEAD OF ANY PUBLIC AUTHORITY
WHEN NECESSARY OR USEFUL IN THE PERFORMANCE OF THE DUTIES  OR  RESPONSI-
BILITIES OF THE INSPECTOR GENERAL; AND
  F.  ENTER  INTO  CONTRACTS AND OTHER ARRANGEMENTS FOR AUDITS, STUDIES,
ANALYSES, AND OTHER  SERVICES  WITH  PUBLIC  AGENCIES  OR  WITH  PRIVATE
PERSONS  AS  MAY BE DEEMED NECESSARY OR USEFUL IN THE PERFORMANCE OF THE
DUTIES OR RESPONSIBILITIES OF THE INSPECTOR GENERAL.
  3. A. NO INFORMATION, DOCUMENTS, REPORTS, ANSWERS, RECORDS,  ACCOUNTS,
PAPERS,  AND  OTHER DATA AND DOCUMENTARY EVIDENCE SHALL BE DENIED TO THE
INSPECTOR GENERAL OR ANY PERSON ACTING ON BEHALF OF THE INSPECTOR GENER-
AL: (I) BECAUSE OF ANY PRIVILEGE OR ALLEGED PRIVILEGE, INCLUDING BUT NOT
LIMITED TO THE ATTORNEY-CLIENT PRIVILEGE, EXECUTIVE PRIVILEGE, OR PUBLIC
INTEREST PRIVILEGE, WHICH BELONGS TO OR COULD BE WAIVED  BY  THE  PUBLIC
AUTHORITY  IN  POSSESSION  OF  THE  INFORMATION;  OR (II) BECAUSE OF ANY
DEFENSE THAT THE PUBLIC AUTHORITY MAY HAVE AGAINST ANY REQUEST  FOR  ANY
SUCH EVIDENCE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  B.  IF  ANY PUBLIC AUTHORITY BELIEVES THAT ANY SUCH EVIDENCE IS PRIVI-
LEGED OR OTHERWISE PROTECTED AGAINST DISCLOSURE, SUCH  PUBLIC  AUTHORITY
SHALL  NEVERTHELESS  MAKE  OR PERMIT ANY SUCH DISCLOSURE, AND THE PUBLIC
AUTHORITY MAY AT THE TIME OF SUCH DISCLOSURE MAKE A CLAIM  OF  CONFIDEN-
TIALITY FOR ANY SUCH EVIDENCE AND STATE WITH PARTICULARITY THE NATURE OF
SUCH CLAIM.
  C.  NOTWITHSTANDING ANY OTHER PROVISIONS OF STATUTE OR COMMON LAW, THE
DISCLOSURE OF ANY EVIDENCE TO THE INSPECTOR GENERAL  UNDER  A  CLAIM  OF
CONFIDENTIALITY  SHALL  NOT BE CONSTRUED TO BE A WAIVER OF ANY PRIVILEGE
OR ANY OTHER PROTECTION  AGAINST  DISCLOSURE.  SUCH  EVIDENCE  SHALL  BE
PROTECTED  AGAINST  SUBPOENA  OR  OTHER FORM OF FORCED DISCLOSURE TO THE
SAME EXTENT THAT IT WOULD HAVE BEEN IF IT HAD NEVER  BEEN  DISCLOSED  TO
THE INSPECTOR GENERAL.
  D.  THE  INSPECTOR  GENERAL  MAY IN HIS OR HER DISCRETION DETERMINE TO
DISCLOSE ANY EVIDENCE RECEIVED UNDER THE CLAIM OF CONFIDENTIALITY UPON A
FINDING THAT THE MATTER UNDER INVESTIGATION IS HIGHLY IMPORTANT  TO  THE
PUBLIC AUTHORITY AND THAT THE PUBLIC HAS A RIGHT TO RECEIVE KNOWLEDGE OF

S. 1729                             6

THE  RESULT  OF  THE  INVESTIGATION, AND THAT THE EVIDENCE (I) IS HIGHLY
MATERIAL AND RELEVANT TO THE MATTER UNDER INVESTIGATION; (II) THAT IT IS
CRITICAL OR NECESSARY TO AN UNDERSTANDING OF THE OUTCOME OF THE INVESTI-
GATION; AND (III) THAT IT IS NOT READILY OBTAINABLE FROM ANY ALTERNATIVE
SOURCE.
  E.  NOTWITHSTANDING  PARAGRAPH  D  OF  THIS SUBDIVISION, THE INSPECTOR
GENERAL MAY NOT DISCLOSE ANY EVIDENCE RECEIVED UNDER A CLAIM  OF  CONFI-
DENTIALITY  WITHOUT  FIRST  GIVING THIRTY DAYS ADVANCE WRITTEN NOTICE TO
THE PUBLIC AUTHORITY AND ANY OTHER PERSON WHO MAY BE ENTITLED TO  OBJECT
TO  THE  DISCLOSURE OF THE EVIDENCE. IN THE EVENT OF ANY CIVIL ACTION TO
PREVENT THE DISCLOSURE OF ANY SUCH EVIDENCE, THE COURT SHALL  ALLOW  THE
DISCLOSURE  UNLESS  IT  SHALL FIND THAT THE INSPECTOR GENERAL HAS ABUSED
HIS OR HER DISCRETION.  THE COURT MAY AWARD REASONABLE  ATTORNEYS'  FEES
AND  DISBURSEMENTS  REASONABLY INCURRED TO A LITIGANT THAT SUBSTANTIALLY
PREVAILS AGAINST THE RELEASE OF INFORMATION BY THE INSPECTOR GENERAL  IF
THE INSPECTOR GENERAL LACKED A REASONABLE BASIS PURSUANT TO THIS ARTICLE
FOR THE CHALLENGED RELEASE OF INFORMATION.
  S  2.  Subdivision  1  of  section 51 of the public authorities law is
amended by adding a new paragraph o to read as follows:
  O. INDUSTRIAL DEVELOPMENT AGENCIES
  S 3. Subdivision 14 of section 854 of the general  municipal  law,  as
added  by chapter 356 of the laws of 1993, is amended and two new subdi-
visions 21 and 22 are added to read as follows:
  (14) "Financial assistance" - shall mean the proceeds of bonds  issued
by  an agency, straight-leases, or exemptions from taxation claimed by a
project occupant as a result of an agency taking  title,  possession  or
control (by lease, license or otherwise) to the property or equipment of
such  project occupant or of such project occupant acting as an agent of
an agency AND SHALL ALSO MEAN AND INCLUDE,  NOTWITHSTANDING  ANY  INCON-
SISTENT  PROVISION  OF LAW, EACH CONTRACT, AGREEMENT OR UNDERSTANDING BY
WHICH A PERSON, FIRM, PARTNERSHIP, COMPANY, ASSOCIATION  OR  CORPORATION
RECEIVES  AN  AWARD, GRANT, LOAN, TAX ABATEMENT OR OTHER BUSINESS INCEN-
TIVE FROM THE STATE, ANY OF ITS POLITICAL SUBDIVISIONS, OR  ANY  DEPART-
MENT,  BUREAU,  BOARD,  COMMISSION,  AUTHORITY,  OR  ANY OTHER AGENCY OR
INSTRUMENTALITY OF THE STATE  OR  ITS  POLITICAL  SUBDIVISIONS,  OR  ANY
PUBLIC  BENEFIT  CORPORATION  AS  DEFINED IN SUBDIVISION FOUR OF SECTION
SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, OR ANY MUNICIPAL  CORPORATION
AS  DEFINED  IN SUBDIVISION THREE OF SECTION THREE-A OF THIS CHAPTER FOR
THE PURPOSES OF JOB TRAINING, JOB CREATION OR RETENTION, OR THE DEVELOP-
MENT OF ITS OPERATION WITHIN THE STATE.
  (21) "PRESERVATION" SHALL MEAN MAINTAINING LANDS IN EXISTING USES,  OR
USES  THAT  ARE  COMPATIBLE WITH EXISTING USES AND WHICH DO NOT INCREASE
THE OVERALL DENSITY OF DEVELOPMENT IN AN AREA, AND MAINTAIN SCENIC, OPEN
SPACE, WATER QUALITY, WETLANDS, AGRICULTURAL LANDS, AND WILDLIFE  CONDI-
TIONS IN AN AREA, OR RESTORING LANDS TO AN OPEN CONDITION.
  (22)  "PUBLIC OPEN SPACE" MEANS PRESERVATION AREAS THAT ARE ACCESSIBLE
TO THE GENERAL PUBLIC FOR RECREATIONAL  OR  SCENIC  USE,  OR  WHICH  ARE
RESERVED FOR WILDLIFE.
  S  4.  Subdivision  2  of section 856 of the general municipal law, as
amended by chapter 356 of the laws  of  1993,  is  amended  to  read  as
follows:
  2.  An agency shall be a corporate governmental agency, constituting a
public benefit corporation. Except as otherwise provided by special  act
of  the  legislature,  an  agency shall consist of not less than [three]
FIVE nor more than [seven] NINE members who shall be  appointed  by  the
governing  body of each municipality and who shall serve at the pleasure

S. 1729                             7

of the appointing authority. Such members [may] SHALL include, BUT  NEED
NOT  BE LIMITED TO, representatives of [local government, school boards,
organized labor and business] (A) BUSINESS IN THE LOCAL AREA, WHO
  (1)  ARE  OWNERS OF BUSINESSES, CHIEF EXECUTIVES OR OPERATING OFFICERS
OF BUSINESSES, AND OTHER BUSINESS EXECUTIVES OR EMPLOYERS  WITH  OPTIMUM
POLICYMAKING  OR HIRING AUTHORITY; (2) REPRESENT BUSINESSES WITH EMPLOY-
MENT OPPORTUNITIES THAT REFLECT  THE  EMPLOYMENT  OPPORTUNITIES  OF  THE
LOCAL  AREA;  AND  (3) ARE APPOINTED FROM AMONG INDIVIDUALS NOMINATED BY
LOCAL BUSINESS ORGANIZATIONS AND BUSINESS TRADE  ASSOCIATIONS;  AND  (B)
REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES, INCLUDING REPRESENTATIVES
OF  LOCAL  EDUCATIONAL AGENCIES, LOCAL SCHOOL BOARDS, ENTITIES PROVIDING
ADULT EDUCATION AND LITERACY ACTIVITIES, AND  POSTSECONDARY  EDUCATIONAL
INSTITUTIONS  (INCLUDING  REPRESENTATIVES  OF  COMMUNITY COLLEGES, WHERE
SUCH ENTITIES EXIST),  SELECTED  FROM  AMONG  INDIVIDUALS  NOMINATED  BY
REGIONAL  OR  LOCAL EDUCATIONAL AGENCIES, INSTITUTIONS, OR ORGANIZATIONS
REPRESENTING SUCH LOCAL EDUCATIONAL ENTITIES; AND (C) REPRESENTATIVES OF
LABOR ORGANIZATIONS (FOR A LOCAL AREA IN WHICH EMPLOYEES ARE REPRESENTED
BY LABOR ORGANIZATIONS), NOMINATED BY LOCAL LABOR FEDERATIONS, OR (FOR A
LOCAL AREA IN WHICH NO EMPLOYEES ARE REPRESENTED BY SUCH ORGANIZATIONS),
OTHER REPRESENTATIVES OF EMPLOYEES; AND (D) REPRESENTATIVES OF  COMMUNI-
TY-BASED ORGANIZATIONS (INCLUDING ORGANIZATIONS REPRESENTING INDIVIDUALS
WITH DISABILITIES AND VETERANS, FOR A LOCAL AREA IN WHICH SUCH ORGANIZA-
TIONS  ARE PRESENT). A member shall continue to hold office until his OR
HER successor is appointed and has qualified. The governing body of each
municipality shall designate the first [chairman] CHAIRPERSON  and  file
with  the  secretary of state a certificate of appointment or reappoint-
ment of any member. Such members shall receive no compensation for their
services but shall be entitled  to  the  necessary  expenses,  including
traveling expenses, incurred in the discharge of their duties.
  S  5. The general municipal law is amended by adding a new section 857
to read as follows:
  S 857. LIMITATIONS ON POWERS OF AGENCIES. 1. NO AGENCY  SHALL  PROVIDE
FINANCIAL ASSISTANCE TO OR FOR ANY PROJECT OR FACILITY THAT WOULD DIMIN-
ISH THE PRESERVATION OF PUBLIC OPEN SPACE.
  2.  NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE TO OR FOR ANY PROJECT
OR FACILITY THAT WOULD EXTEND PUBLICLY OWNED WATER  OR  SEWER  LINES  OR
BOTH.
  3.  NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE TO OR FOR ANY "APPLI-
CANT" (WHICH MEANS, FOR THE PURPOSES OF THIS SUBDIVISION, ANY PROJECT OR
FACILITY WHOSE INITIAL OWNER, OPERATOR, OR MANAGER (OR WHOSE INTENDED OR
CONTEMPLATED SUBSEQUENT OWNER, OPERATOR, OR MANAGER)), WHO OR WHICH  HAS
A SUBSTANTIAL RECORD OF UNLAWFUL CONDUCT.
  (A)  IN  DETERMINING  THE  EXISTENCE  OR NONEXISTENCE OF A SUBSTANTIAL
RECORD OF UNLAWFUL CONDUCT, THERE SHALL BE A REBUTTABLE  PRESUMPTION  OF
THE EXISTENCE THEREOF IF THE APPLICANT HAS:
  (1)  AN UNCURED BREACH OF ANY OBLIGATION TO ANY AGENCY IN EXISTENCE AT
THE TIME OF APPLICATION;
  (2) MADE ANY FALSE STATEMENT AS TO A MATERIAL MATTER  IN  THE  INSTANT
APPLICATION  FOR  FINANCIAL  ASSISTANCE  FROM AN AGENCY OR IN CONNECTION
WITH ANY OTHER APPLICATION OR OTHER MATTER INVOLVING ANY OTHER AGENCY;
  (3) BEEN CONVICTED OF ANY CRIME OR  OFFENSE  IN  CONNECTION  WITH  ANY
PROJECT OR FACILITY WITHIN THE TEN-YEAR PERIOD PRIOR TO THE APPLICATION;
  (4) HAD ANY JUDGMENTS, MEDIATION AND ARBITRATION DECISIONS AND AWARDS,
OR  INJUNCTIONS,  ISSUED  WITHIN  THE  PRIOR  TEN YEARS, IN ANY JUDICIAL
ACTIONS OR PROCEEDINGS AND IN ANY MEDIATION OR  ARBITRATION  PROCEEDINGS
AND INITIATED BY ANY AGENCY OR PUBLIC OFFICER AGAINST THE APPLICANT WITH

S. 1729                             8

RESPECT  TO  A  PROJECTOR  FACILITY  AND  ANY  SUCH  JUDICIAL ACTIONS OR
PROCEEDINGS OR HAS MEDIATION OR ARBITRATION PROCEEDINGS THAT  ARE  PRES-
ENTLY PENDING OR FOR WHICH NOTICE OF CLAIM HAS BEEN RECEIVED;
  (5)  ANY  RECORD  OF SANCTIONS IMPOSED WITHIN THE PRIOR TEN YEARS AS A
RESULT OF  JUDICIAL  OR  ADMINISTRATIVE  DISCIPLINARY  PROCEEDINGS  WITH
RESPECT TO ANY PROFESSIONAL LICENSES HELD BY THE APPLICANT, OR A PRINCI-
PAL OWNER OR OFFICER OF THE APPLICANT;
  (6)  NOT  FILED  STATE OF NEW YORK INCOME TAX RETURNS, WHERE REQUIRED,
FOR THE PAST TEN YEARS;
  (7) OUTSTANDING TAX WARRANTS AND UNSATISFIED TAX LIENS,  AS  REFLECTED
IN THE RECORDS OF THE STATE;
  (8)  BEEN THE SUBJECT OF INFORMATION FROM PUBLIC REPORTS OF THE ORGAN-
IZED CRIME CONTROL BUREAU AND THE NEW YORK STATE  ORGANIZED  CRIME  TASK
FORCE THAT INDICATES INVOLVEMENT IN CRIMINAL ACTIVITY;
  (9) CRIMINAL PROCEEDINGS PENDING AGAINST THE APPLICANT AND ANY PRINCI-
PAL OWNER OR OFFICER OF SUCH APPLICANT;
  (10)  ANY RECORD OF CRIMINAL CONVICTIONS OF THE APPLICANT, ANY CURRENT
PRINCIPAL OWNER OR OFFICER FOR ANY  CRIME  RELATED  TO  TRUTHFULNESS  OR
BUSINESS CONDUCT AND FOR ANY OTHER FELONY COMMITTED WITHIN THE PRIOR TEN
YEARS,  AND  OF  ANY FORMER PRINCIPAL OWNER OR OFFICER, WITHIN THE PRIOR
TEN YEARS, FOR ANY CRIME RELATED TO TRUTHFULNESS OR BUSINESS CONDUCT AND
FOR ANY OTHER FELONY COMMITTED WHILE HE OR SHE  HELD  SUCH  POSITION  OR
STATUS;
  (11) ANY PENDING BANKRUPTCY PROCEEDINGS AND ANY BANKRUPTCY PROCEEDINGS
INITIATED WITHIN THE PAST SEVEN YEARS BY OR AGAINST THE APPLICANT OR ITS
AFFILIATES;
  (12)  BEEN  FOUND  BY  A COURT OR GOVERNMENT AGENCY TO HAVE ENGAGED IN
SYSTEMATIC FALSIFICATION OF PAYROLL RECORDS  OR  TO  HAVE  VIOLATED  ANY
EMPLOYMENT, LABOR, TAX, ENVIRONMENTAL, OR LAND USE LAW, ON A PATTERN AND
PRACTICE  BASIS  DURING THE TEN YEARS PRECEDING THE DATE OF THE APPLICA-
TION;
  (13) BEEN THE DEFENDANT IN ANY CERTIFIED CLASS ACTION LAWSUITS INVOLV-
ING CLAIMS OF WAGE OR HOUR  VIOLATIONS,  EMPLOYMENT  DISCRIMINATION,  OR
OTHER  EMPLOYMENT OR LABOR LAW VIOLATIONS INVOLVING AT LEAST ONE HUNDRED
WORKERS DURING THE TEN YEARS PRECEDING THE DATE OF THE APPLICATION; OR
  (14) BEEN REQUIRED TO PAY MORE THAN ONE MILLION DOLLARS IN BACK PAY OR
CIVIL DAMAGES AS A RESULT OF WAGE AND HOUR,  EMPLOYMENT  DISCRIMINATION,
OR  OTHER  EMPLOYMENT-RELATED  LITIGATION  OR SETTLEMENTS DURING THE TEN
YEARS PRECEDING THE DATE OF THE APPLICATION.
  (B) AN APPLICANT MAY REBUT AN APPLICABLE PRESUMPTION OF DENIAL BY:
  (1) DISCLOSING DISCOVERY MATERIALS FROM PENDING, SETTLED, OR OTHERWISE
ADJUDICATED  CIVIL  LITIGATION  INVOLVING  WAGE  AND  HOUR,   EMPLOYMENT
DISCRIMINATION,  OR  OTHER  EMPLOYMENT  CLAIMS THAT DEMONSTRATE THAT THE
ALLEGATIONS INVOKED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT  TRIGGERED
A PRESUMPTIVE DENIAL ARE WITHOUT MERIT; OR
  (2)  DEMONSTRATING  THAT  THE AGGRIEVED EMPLOYEES IN QUESTION SHALL BE
ENSURED FAIR TREATMENT AND RESPECT FOR THEIR EMPLOYMENT RIGHTS THROUGH A
LEGALLY BINDING, WRITTEN COMMITMENT BY THE APPLICANT  TO  PAY  SALARIES,
WAGES,  OR  BENEFITS  AS THEY ARE LEGALLY DUE, AND TO INCREASE EACH YEAR
THE SALARIES, WAGES, OR BENEFITS OF EXISTING AND NEWLY HIRED  EMPLOYEES,
EXCLUDING  MANAGERS,  ADMINISTRATORS,  AND  CONTRACT  EMPLOYEES,  AND BY
DEMONSTRATING THAT THERE EXISTS A METHOD FOR ENFORCING SUCH  COMMITMENT,
SUCH  AS  ARBITRATION, THAT IS AVAILABLE TO EMPLOYEES OR THEIR REPRESEN-
TATIVE, AND THAT IS EXPEDITIOUS, USES A NEUTRAL  DECISIONMAKER,  AND  IS
ECONOMICAL FOR THE EMPLOYEES, AND WHERE THE APPLICANT HAS PROVIDED WRIT-
TEN  NOTICE  OF  THE TERMS OF THE COMMITMENT AND THE AVAILABILITY OF THE

S. 1729                             9

ENFORCEMENT MECHANISM TO THE  RELEVANT  EMPLOYEES  OR  THEIR  RECOGNIZED
REPRESENTATIVE.
  S  6.  The  opening  paragraph of section 858 of the general municipal
law, as amended by chapter 478 of the laws of 2011, is amended  to  read
as follows:
  The purposes of the agency shall be to promote, develop, encourage and
assist  in the acquiring, constructing, reconstructing, improving, main-
taining, equipping and furnishing industrial,  manufacturing,  warehous-
ing, commercial, research and recreation facilities including industrial
pollution  control facilities, educational or cultural facilities, rail-
road facilities, horse racing facilities, automobile  racing  facilities
and  continuing care retirement communities, provided, however, that, of
agencies governed by this article, only agencies created for the benefit
of a county and the agency created for the benefit of the  city  of  New
York  shall be authorized to provide financial assistance in any respect
to a continuing care retirement community, and thereby advance  the  job
opportunities,  health,  general  prosperity and economic welfare of the
people of the state of New York and to improve their recreation opportu-
nities, prosperity and standard of living; TO PROMOTE ECONOMIC  DEVELOP-
MENT  IN AREAS WHERE TRANSPORTATION, WATER, AND SEWER INFRASTRUCTURE ARE
READILY AVAILABLE OR ECONOMICALLY PRACTICAL IN PREFERENCE TO AREAS WHERE
TRANSPORTATION, WATER, AND SEWER INFRASTRUCTURE ARE NOT  READILY  AVAIL-
ABLE  OR  NOT  ECONOMICALLY  PRACTICAL,  and  to carry out the aforesaid
purposes, each agency shall have the following powers:
  S 7. Section 858 of the general municipal law is amended by  adding  a
new subdivision 15-a to read as follows:
  (15-A)  TO  PROVIDE  AN  ANNUAL REPORT OF ITS ACTIVITIES TO THE PUBLIC
AUTHORITIES CONTROL BOARD AND THE PUBLIC AUTHORITIES  INSPECTOR  GENERAL
FOR  REVIEW;  AND  TO SUBMIT TO ANNUAL AUDITS BY THE STATE COMPTROLLER'S
OFFICE, WHICH SHALL PROVIDE, NO LESS THAN SIX MONTHS AFTER COMPLETION OF
THE AUDIT OR AUDITS, THE RESULTS TO THE GOVERNOR'S OFFICE,  THE  SPEAKER
OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE.
  S  8.  Section  868  of the general municipal law, as added by chapter
1030 of the laws of 1969, is amended to read as follows:
  S 868. Agreements of the municipality and state. The  municipality  is
authorized  to,  and the state does hereby, pledge to and agree with the
holders of the bonds or notes that  neither  the  municipality  nor  the
state,  respectively,  will  limit or alter the rights, hereby vested in
the agency to acquire, construct, reconstruct, improve, maintain,  equip
and  furnish  the project or projects, to establish and collect rentals,
fees and other charges and to fulfill the terms of any  agreements  made
with  the holders of the bonds or notes nor in any way impair the rights
and remedies of the bondholders or noteholders until the bonds or notes,
together with interest thereon, with interest on any unpaid installments
of interest and all costs and expenses in connection with any action  or
proceeding  by  or on behalf of the bondholders or noteholders are fully
met and discharged.  THE PUBLIC AUTHORITIES INSPECTOR GENERAL SHALL HAVE
THE POWER TO REVIEW AND APPROVE, OR DISAPPROVE, ANY CONTRACT  THAT  SUCH
INSPECTOR  GENERAL  CONSIDERS THE TERMS TO BE UNATTAINABLE BY THE APPLI-
CANT OR THE LOCAL INDUSTRIAL DEVELOPMENT AGENCY. BOTH PARTIES  SHALL  BE
NOTIFIED  IN  WRITING  OF SUCH INSPECTOR GENERAL'S DECISION WITHIN SIXTY
DAYS FROM SUBMISSION OF THE CONTRACT TO SUCH INSPECTOR GENERAL.   IF  AN
APPLICANT IS DENIED APPROVAL, THE APPLICANT CAN APPEAL THE DECISION TO A
FAIR HEARING IN WHICH FINAL JUDGMENT OF SUCH CONTRACT SHALL BE GIVEN.

S. 1729                            10

  S  9.  Paragraph  (a)  of  subdivision 4 of section 874 of the general
municipal law, as amended by chapter 357 of the laws of 1993, is amended
to read as follows:
  (a)  The  agency  shall establish a uniform tax exemption policy, with
input from affected tax jurisdictions, which shall be applicable to  the
provision  of  financial  assistance  pursuant  to section eight hundred
fifty-nine-a of this [chapter] TITLE and shall  provide  guidelines  for
the  claiming  of  real  property,  mortgage  recording,  and  sales tax
exemptions. Such guidelines shall include, but not be limited to: period
of exemption; percentage of  exemption;  types  of  projects  for  which
exemptions  can be claimed; procedures for payments in lieu of taxes and
instances in which real property appraisals are to  be  performed  as  a
part of an application for tax exemption; in addition, agencies shall in
adopting  such  policy  consider  such  issues as: the extent to which a
project will create or retain permanent, private sector jobs; the  esti-
mated  value  of any tax exemptions to be provided; whether affected tax
jurisdictions shall be reimbursed by the project occupant if  a  project
does  not  fulfill  the  purposes for which an exemption was provided; A
SCHEDULE OF REIMBURSEMENT TO THE AGENCY OF SUCH PROJECT IF IT IS DECIDED
THAT THE PROJECT WILL  NOT  FULFILL  ITS  CONTRACTUAL  OBLIGATIONS;  the
impact  of  a  proposed  project on existing and proposed businesses and
economic development projects in the vicinity;  the  amount  of  private
sector  investment  generated  or likely to be generated by the proposed
project; the demonstrated public support for the proposed  project;  the
likelihood  of  accomplishing  the proposed project in a timely fashion;
the effect of the proposed project upon the environment; the  extent  to
which  the  proposed  project  will  require the provision of additional
services, including, but not limited to additional  educational,  trans-
portation, police, emergency medical or fire services; and the extent to
which  the  proposed  project will provide additional sources of revenue
for municipalities and school districts.
  S 10. The general municipal law is amended by adding a new section 885
to read as follows:
  S 885. PREVAILING WAGES. ANY CONTRACT FOR PUBLIC WORK PROJECTS LET  BY
AN  AGENCY OR FOR WHICH AN AGENCY PROVIDES FINANCIAL ASSISTANCE SHALL BE
SUBJECT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
  S 11. The general municipal law is amended by  adding  a  new  section
959-c to read as follows:
  S  959-C.  PREVAILING WAGES. ANY CONTRACT FOR WORK PROJECTS (INVOLVING
THE KIND OF WORK WITHIN THE CONTEMPLATION OF SECTION TWO HUNDRED  TWENTY
OF  THE  LABOR LAW) LET BY A BUSINESS CERTIFIED PURSUANT TO THIS ARTICLE
AND LOCATED WITHIN AN EMPIRE ZONE, INCLUDING  A  BUSINESS  DESCRIBED  IN
PARAGRAPH  (V) OF SUBDIVISION (D) OF SECTION NINE HUNDRED FIFTY-SEVEN OF
THIS ARTICLE, SHALL BE SUBJECT TO SECTION  TWO  HUNDRED  TWENTY  OF  THE
LABOR LAW.
  S  12. The public health law is amended by adding a new article 9-C to
read as follows:
                               ARTICLE 9-C
                        HEALTH CARE SECURITY ACT
SECTION 930. I.D.A./E.Z. HEALTH CARE SECURITY ACT.
  S 930. I.D.A./E.Z. HEALTH CARE SECURITY ACT.   A.  SHORT  TITLE.  THIS
SECTION  SHALL BE KNOWN AND MAY BE CITED AS THE "I.D.A./E.Z. HEALTH CARE
SECURITY ACT".
  B. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (1) "ADMINISTERING AGENCY" MEANS THE DEPARTMENT OF HEALTH.

S. 1729                            11

  (2) "I.D.A. EMPLOYER" MEANS ANY ENTITY THAT EMPLOYS PERSONS PERFORMING
ON-SITE  WORK, OTHER THAN PROFESSIONALS LICENSED PURSUANT TO TITLE EIGHT
OF THE EDUCATION LAW, ADMINISTRATIVE OR MANAGERIAL EMPLOYEES  (EXCLUSIVE
OF  FOREPERSONS), OR PERSONS EMPLOYED PURSUANT TO AN INDIVIDUAL CONTRACT
BETWEEN  SUCH PERSON AND THE EMPLOYER, FOR THE DEVELOPMENT, PREPARATION,
CONSTRUCTION, AND OTHER TASKS ON A PROJECT OR FACILITY RECEIVING  FINAN-
CIAL  ASSISTANCE,  AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION EIGHT
HUNDRED FIFTY-FOUR OF THE GENERAL  MUNICIPAL  LAW,  FROM  AN  INDUSTRIAL
DEVELOPMENT  AGENCY  FOR  THE  PURPOSES OF RENDERING SUCH SITE READY AND
COMPLETE FOR ITS INTENDED USE.
  (3) "STATE" MEANS THE STATE OF NEW YORK.
  (4) "EMPLOYEE" MEANS ANY PERSON WHO IS  EMPLOYED  WITHIN  THE  CONTEM-
PLATION OF PARAGRAPH TWO OR TWELVE OF THIS SUBDIVISION.
  (5)  "FAMILY  OF  EMPLOYEE"  MEANS  THE SPOUSE OF AN EMPLOYEE AND EACH
DEPENDENT OF SUCH EMPLOYEE.
  (6) "HEALTH BENEFITS PLAN" MEANS A PLAN OR SYSTEM FOR PROVIDING HEALTH
CARE SERVICES FOR EMPLOYEES AND FAMILIES OF EMPLOYEES.
  (7) "HEALTH CARE EXPENDITURE" MEANS ANY AMOUNT PAID BY AN  I.D.A./E.Z.
EMPLOYER  FOR THE PURPOSE OF PROVIDING HEALTH CARE SERVICES OR REIMBURS-
ING THE COST OF SUCH SERVICES  FOR  ANY  EMPLOYEE  OF  SUCH  I.D.A./E.Z.
EMPLOYER  OR  FAMILY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO, GRATUI-
TOUS PAYMENTS MADE BY SUCH EMPLOYER TO SUCH EMPLOYEE OR FAMILY  OF  SUCH
EMPLOYEE  WHO  INCURRED HEALTH CARE EXPENSES, BUT WHO HAD NO ENTITLEMENT
TO HAVE EXPENSES REIMBURSED UNDER ANY PLAN, FUND OR  PROGRAM  MAINTAINED
BY AN I.D.A./E.Z. EMPLOYER.
  (8)  "HEALTH CARE SERVICES" MEANS PRIMARY OR SECONDARY MEDICAL CARE OR
SERVICE INCLUDING, BUT NOT LIMITED  TO,  (I)  INPATIENT  AND  OUTPATIENT
HOSPITAL SERVICES, (II) PHYSICIANS' SURGICAL AND MEDICAL SERVICES, (III)
LABORATORY, DIAGNOSTIC AND X-RAY SERVICES, (IV) PRESCRIPTION DRUG COVER-
AGE, (V) ANNUAL PHYSICAL EXAMINATIONS, (VI) PREVENTATIVE SERVICES, (VII)
MENTAL  HEALTH  SERVICES  AND (VIII) SUBSTANCE ABUSE TREATMENT SERVICES;
PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY  MEDICAL  PROCE-
DURE OR TREATMENT WHICH IS SOLELY COSMETIC.
  (9)  "PERSON"  MEANS ANY NATURAL PERSON, CORPORATION, SOLE PROPRIETOR-
SHIP, PARTNERSHIP, ASSOCIATION, JOINT VENTURE, LIMITED LIABILITY COMPANY
OR OTHER LEGAL ENTITY.
  (10) "PREVAILING HEALTH CARE EXPENDITURE" MEANS THE AMOUNT  OF  HEALTH
CARE  EXPENDITURE  CUSTOMARILY  MADE  ON BEHALF OF FULL-TIME WORKERS AND
THEIR FAMILIES IN NEW YORK STATE IN THE SAME  TRADE  OR  OCCUPATION  FOR
EMPLOYEES OF AN I.D.A./E.Z. EMPLOYER, PRORATED ON AN HOURLY BASIS.
  (11)  "PROGRAM" MEANS THE NEW YORK STATE I.D.A./E.Z. HEALTH CARE SECU-
RITY PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
  (12) "E.Z. EMPLOYER" MEANS ANY BUSINESS CERTIFIED PURSUANT TO  ARTICLE
EIGHTEEN-B  OF  THE  GENERAL  MUNICIPAL LAW AND LOCATED WITHIN AN EMPIRE
ZONE, INCLUDING A BUSINESS DESCRIBED IN PARAGRAPH (V) OF SUBDIVISION (D)
OF SECTION NINE HUNDRED FIFTY-SEVEN OF THE GENERAL MUNICIPAL LAW.
  (13) "I.D.A./E.Z. EMPLOYER" MEANS ANY I.D.A. EMPLOYER, AS  DEFINED  IN
PARAGRAPH  TWO  OF  THIS SUBDIVISION, OR ANY E.Z. EMPLOYER AS DEFINED IN
PARAGRAPH TWELVE OF THIS SUBDIVISION.
  C. I.D.A./E.Z.  HEALTH CARE SECURITY PROGRAM. THE ADMINISTERING AGENCY
SHALL ESTABLISH AN I.D.A./E.Z.  HEALTH CARE SECURITY PROGRAM TO  PROVIDE
HEALTH  CARE  SERVICES  FOR  EMPLOYEES  AND  FAMILIES  OF  EMPLOYERS  OF
I.D.A./E.Z.  EMPLOYEES  WHO  DO  NOT  RECEIVE  HEALTH  CARE  FROM  THEIR
I.D.A./E.Z.  EMPLOYERS AND SHALL:

S. 1729                            12

  (1)  CONTRACT  OR  ENTER INTO AGREEMENTS WITH PUBLIC OR PRIVATE HEALTH
CARE PROVIDERS OR HEALTH BENEFITS PLANS, AS SUCH AGENCY DEEMS  APPROPRI-
ATE, TO PROVIDE SUCH HEALTH CARE SERVICES;
  (2)  ESTABLISH  AND OPERATE A SYSTEM FOR ASSESSING AND COLLECTING FEES
FROM ALL I.D.A./E.Z. EMPLOYERS ON A QUARTERLY BASIS TO  ADMINISTER  SUCH
PROGRAM, WHEREBY FEES:
  (I)  SHALL BE SET BY THE ADMINISTERING AGENCY IN ACCORDANCE WITH GUID-
ING LEGAL STANDARDS  FOR  SETTING  AND  ADMINISTERING  REGULATORY  FEES,
INCLUDING USING RELIABLE FACTUAL STUDIES OR STATISTICS TO SET THE APPRO-
PRIATE LEVEL OF THE FEES;
  (II)  MAY  DIFFER AMONG THE I.D.A./E.Z. EMPLOYERS IF THE ADMINISTERING
AGENCY DETERMINES THAT THE PRORATED COST OF OPERATING THE PROGRAM VARIES
SIGNIFICANTLY AMONG SUCH I.D.A./E.Z. EMPLOYERS;
  (III) SHALL BE ASSESSED ON A PER EMPLOYEE BASIS FOR EACH HOUR THAT  AN
EMPLOYEE  WORKS  FOR AN I.D.A./E.Z.  EMPLOYER WITHIN THE STATE; PROVIDED
THAT AN I.D.A./E.Z. EMPLOYER THAT MAKES PREVAILING HEALTH CARE  EXPENDI-
TURES ON BEHALF OF ITS EMPLOYEES AND FAMILIES OF EMPLOYEES SHALL RECEIVE
A  CREDIT  AGAINST THE ASSESSED FEE EQUAL TO THE PRORATED HOURLY COST TO
THE EMPLOYER OF SUCH PREVAILING HEALTH CARE EXPENDITURES, AS PROVIDED IN
PARAGRAPH TWO OF SUBDIVISION F OF THIS SECTION; AND
  (IV) SHALL BE DETERMINED ON A PRORATED HOURLY BASIS BY (A) TAKING  THE
ANNUAL COST TO THE STATE OF PROVIDING OR PURCHASING HEALTH CARE SERVICES
FOR  ONE  ENROLLED EMPLOYEE AND FOR THE FAMILY OF ONE ENROLLED EMPLOYEE,
(B) ADDING SUCH COST TO THE PROJECTED  ANNUAL  COST  TO  THE  STATE  PER
ENROLLED  EMPLOYEE  OF  ADMINISTERING  AND  ENFORCING THE PROGRAM AND OF
MAINTAINING AN APPROPRIATE RESERVE FUND TO PROTECT THE  PROGRAM  AGAINST
OPERATING AT A DEFICIT, AND (C) THEN DIVIDING THAT TOTAL BY TWO THOUSAND
EIGHTY, THE NUMBER OF HOURS IN A FULL-TIME WORK YEAR, IN ORDER TO DETER-
MINE  AN  HOURLY FEE; PROVIDED THAT THIS METHODOLOGY SHALL BE SUBJECT TO
REVIEW AND REVISION BY THE ADMINISTERING AGENCY, AS IT  DEEMS  APPROPRI-
ATE;
  (3)  ESTABLISH  APPLICATION  AND  ELIGIBILITY RULES AND PROCEDURES FOR
DETERMINING WHICH EMPLOYEES AND FAMILIES  OF  EMPLOYEES  OF  I.D.A./E.Z.
EMPLOYERS  SHALL  BE ELIGIBLE TO RECEIVE HEALTH CARE SERVICES UNDER SUCH
PROGRAM; PROVIDED THAT NO ELIGIBILITY RULE SHALL  MAKE  AN  EMPLOYEE  OR
FAMILY OF AN EMPLOYEE ELIGIBLE, IN WHOLE OR IN PART, BECAUSE THE EMPLOY-
EE'S  I.D.A./E.Z.    EMPLOYER  HAS  PAID  THE REQUIRED FEE, NOR SHALL AN
EMPLOYEE OR FAMILY OF AN EMPLOYEE BE ELIGIBLE SOLELY BECAUSE THE EMPLOY-
EE'S I.D.A./E.Z.  EMPLOYER IS OBLIGATED TO PAY  THE  REQUIRED  FEE,  BUT
ELIGIBILITY  SHALL DEPEND IN PART ON NEED-BASED CRITERIA TO BE DEVELOPED
BY THE ADMINISTERING AGENCY; AND
  (4) MAKE AVAILABLE ON THE  STATE'S  OFFICIAL  WEBSITE  INFORMATION  ON
WHETHER  AN  I.D.A./E.Z.    EMPLOYER  HAS COMPLIED WITH THIS SECTION AND
FURTHER INDICATING WHETHER SUCH I.D.A./E.Z. EMPLOYER COMPLIED BY  PAYING
THE  FEE  ASSESSED  PURSUANT  TO PARAGRAPH TWO OF THIS SUBDIVISION OR BY
FILING PROOF THAT SUCH I.D.A./E.Z.  EMPLOYER MADE PREVAILING HEALTH CARE
EXPENDITURES AS PROVIDED IN PARAGRAPH  TWO  OF  SUBDIVISION  F  OF  THIS
SECTION.
  D.  PROGRAM  REQUIREMENTS.  THE  PROGRAM  ESTABLISHED PURSUANT TO THIS
SECTION SHALL:
  (1) PROVIDE HEALTH CARE SERVICES THAT ARE SUBSTANTIALLY EQUIVALENT TO,
OR SUPERIOR TO, THOSE PROVIDED TO STATE EMPLOYEES UNDER THE BASIC  STATE
EMPLOYEE  HEALTH  BENEFITS  PLAN,  INCLUDING  THOSE HEALTH CARE SERVICES
PROVIDED UNDER ANY SUPPLEMENT PLAN FOR PROVIDING PRESCRIPTION  DRUGS  TO
STATE EMPLOYEES; AND

S. 1729                            13

  (2) NOT CHARGE A PREMIUM OR DEDUCTIBLE TO ENROLLED EMPLOYEES AND FAMI-
LIES  OF  EMPLOYEES,  AND  SHALL  LIMIT THE AMOUNT OF ANY CO-PAYMENTS OR
OTHER REQUIRED OUT-OF-POCKET PAYMENTS TO NO MORE THAN  SUCH  AMOUNTS  AS
ARE  CHARGED  TO  STATE  EMPLOYEES UNDER THE BASIC STATE EMPLOYEE HEALTH
BENEFITS PLAN.
  E.  ADVISORY BOARD. NOT LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE
OF THIS SECTION, THE ADMINISTERING AGENCY SHALL  ESTABLISH  AN  ADVISORY
BOARD  COMPOSED  OF  EIGHT INDIVIDUALS, INCLUDING PUBLIC HEALTH EXPERTS,
BUSINESS LEADERS AND LABOR LEADERS FROM THE I.D.A./E.Z.  EMPLOYERS.  THE
ADVISORY  BOARD  SHALL ADVISE THE ADMINISTERING AGENCY ON ALL ASPECTS OF
IMPLEMENTATION OF THIS SECTION AND SHALL  BE  PERMITTED  ACCESS  TO  ALL
RECORDS   AND   INFORMATION  THAT  ARE  REQUIRED  TO  BE  MAINTAINED  BY
I.D.A./E.Z.  EMPLOYERS OR SUBMITTED TO THE ADMINISTERING AGENCY PURSUANT
TO THIS SECTION. THE GOVERNOR SHALL APPOINT FOUR MEMBERS OF THE ADVISORY
BOARD AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
ASSEMBLY  SHALL  EACH APPOINT TWO MEMBERS OF THE ADVISORY BOARD. MEMBERS
SHALL SERVE FOR A TERM OF THREE YEARS TO COMMENCE UPON ESTABLISHMENT  OF
SUCH  BOARD  AND  MAY BE REMOVED FOR CAUSE. VACANCIES SHALL BE FILLED IN
THE SAME MANNER AS THE ORIGINAL POSITION WAS FILLED. THE MEMBERS OF  THE
ADVISORY  BOARD  SHALL  APPOINT  A CHAIRPERSON DURING SUCH BOARD'S FIRST
MEETING, WHICH SHALL BE CONVENED WITHIN ONE HUNDRED  TWENTY  DAYS  AFTER
THE  EFFECTIVE  DATE  OF  THIS SECTION. THE ADVISORY BOARD SHALL MEET AT
LEAST QUARTERLY AND ALL MEMBERS OF THE ADVISORY BOARD SHALL SERVE  WITH-
OUT  COMPENSATION,  EXCEPT  THAT EACH MEMBER SHALL BE ALLOWED HIS OR HER
ACTUAL AND NECESSARY EXPENSES. NO PERSON SHALL BE INELIGIBLE FOR MEMBER-
SHIP ON THE ADVISORY BOARD BECAUSE SUCH PERSON HOLDS  ANY  OTHER  PUBLIC
OFFICE,  EMPLOYMENT OR TRUST, NOR SHALL ANY PERSON BE MADE INELIGIBLE TO
OR FORFEIT SUCH PERSON'S RIGHT TO ANY PUBLIC OFFICE, EMPLOYMENT OR TRUST
BY REASON OF SUCH APPOINTMENT.
  F. PREVAILING HEALTH CARE  EXPENDITURES.  (1)  THE  COMPTROLLER  SHALL
ANNUALLY  DETERMINE THE PREVAILING HEALTH CARE EXPENDITURE FOR FULL-TIME
EMPLOYEES IN EACH TRADE OR OCCUPATION IN EACH I.D.A./E.Z.    EMPLOYMENT,
PRORATED  ON  AN HOURLY BASIS, USING PROCEDURES AND STANDARDS SIMILAR TO
THOSE USED TO  CALCULATE  PREVAILING  WAGES  AND  BENEFITS  PURSUANT  TO
SECTIONS  TWO  HUNDRED  THIRTY-FOUR  AND TWO HUNDRED TWENTY OF THE LABOR
LAW.
  (2) THE ADMINISTERING AGENCY SHALL ESTABLISH PROCEDURES FOR  DETERMIN-
ING  WHETHER HEALTH CARE EXPENDITURES MADE BY AN I.D.A./E.Z. EMPLOYER ON
BEHALF OF ITS EMPLOYEES QUALIFY AS PREVAILING HEALTH  CARE  EXPENDITURES
PURSUANT  TO PARAGRAPH ONE OF THIS SUBDIVISION AND, IF SUCH EXPENDITURES
QUALIFY AS PREVAILING HEALTH CARE EXPENDITURES, THE CORRESPONDING HOURLY
CREDIT THAT SUCH EMPLOYER SHOULD RECEIVE. IN MAKING SUCH A DETERMINATION
THE AGENCY MAY, IF IT DEEMS APPROPRIATE, USE AN AVERAGE VALUE BY  TAKING
THE  I.D.A./E.Z.  EMPLOYER'S TOTAL HEALTH CARE EXPENDITURES ON BEHALF OF
ALL EMPLOYEES IN A PARTICULAR TRADE OR OCCUPATION OVER  A  GIVEN  PERIOD
AND DIVIDING THAT SUM BY THE TOTAL HOURS WORKED BY SUCH EMPLOYEES. WHERE
THE  COST  TO AN I.D.A./E.Z.   EMPLOYER OF MAKING PREVAILING HEALTH CARE
EXPENDITURES IS EQUAL TO OR GREATER, ON AN HOURLY  PER  EMPLOYEE  BASIS,
THAN  THE  AMOUNT  OF  THE FEE ASSESSED, SUCH I.D.A./E.Z.   EMPLOYER MAY
COMPLY WITH THIS SECTION BY PROVIDING PROOF TO THE ADMINISTERING AGENCY,
IN A MANNER SPECIFIED BY SUCH AGENCY, THAT SUCH  I.D.A./E.Z.    EMPLOYER
MAKES  PREVAILING  HEALTH  CARE EXPENDITURES ON BEHALF OF ITS EMPLOYEES;
PROVIDED THAT AN I.D.A./E.Z.  EMPLOYER THAT IS A SIGNATORY TO A  COLLEC-
TIVE  BARGAINING  AGREEMENT PURSUANT TO WHICH IT MAKES PREVAILING HEALTH
CARE EXPENDITURES ON BEHALF OF ITS EMPLOYEES AND FAMILIES  OF  EMPLOYEES
MAY  COMPLY  WITH  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION J OF THIS

S. 1729                            14

SECTION. AN I.D.A./E.Z.  EMPLOYER SHALL NOT BE ENTITLED TO  ANY  PAYMENT
OR  REIMBURSEMENT  FROM  THE STATE OR FROM ANY OTHER PARTY IN CONNECTION
WITH THE PROVISIONS OF THIS SECTION AND MAY NOT CLAIM ANY CREDIT AGAINST
ANY FUTURE FEES OWED.
  G.  RESPONSIBILITIES  OF  AN  I.D.A./E.Z.    EMPLOYER.  AN I.D.A./E.Z.
EMPLOYER SHALL:
  (1) MAINTAIN AN ACCURATE WORK LOG THAT LISTS, FOR EACH EMPLOYEE,  SUCH
EMPLOYEE'S  NAME  AND  THE  DATES AND HOURS WORKED BY SUCH EMPLOYEE, AND
WHETHER SUCH EMPLOYER HAS PAID A FEE OR RECEIVED A  CREDIT  PURSUANT  TO
THIS SECTION;
  (2)  SUBMIT A REPORT TO THE ADMINISTERING AGENCY ON A QUARTERLY BASIS,
INCLUDING, BUT NOT LIMITED TO, (I) THE NUMBER OF SUCH EMPLOYER'S EMPLOY-
EES AND (II) THE DATES AND HOURS EACH EMPLOYEE WORKED DURING THAT  QUAR-
TER. THE INFORMATION IN THE REPORT SHALL BE DISAGGREGATED BY JOB CLASSI-
FICATION;
  (3)  MAKE AVAILABLE TO THE PUBLIC, IN A MANNER SPECIFIED BY THE ADMIN-
ISTERING AGENCY, THE AMOUNT AND DATES OF ALL FEE PAYMENTS  MADE  TO  THE
STATE  AND  PROOF OF ENTITLEMENT TO ANY CREDIT CLAIMED AGAINST SUCH FEE;
AND
  (4) PROVIDE EMPLOYEES UPON HIRE, AND ON OR ABOUT JANUARY FIRST OF EACH
YEAR, A WALLET-SIZED CARD IN A FORMAT  SPECIFIED  BY  THE  ADMINISTERING
AGENCY,  INDICATING  WHETHER  SUCH  I.D.A./E.Z.   EMPLOYER PAID A FEE OR
RECEIVED A CREDIT PURSUANT TO THIS SECTION; PROVIDED THAT AN I.D.A./E.Z.
EMPLOYER THAT DOES NOT  MAKE  PREVAILING  HEALTH  CARE  EXPENDITURES  ON
BEHALF  OF  ITS  EMPLOYEES  SHALL PROVIDE EMPLOYEES UPON HIRE, AND ON OR
ABOUT JANUARY FIRST OF EACH YEAR, A BROCHURE, IN A FORMAT  SPECIFIED  BY
THE  ADMINISTERING  AGENCY,  WITH INFORMATION ON PROCEDURES FOR APPLYING
FOR HEALTH CARE SERVICES PURSUANT TO THE PROGRAM.
  H. RULES. THE ADMINISTERING AGENCY SHALL PROMULGATE RULES  IN  ACCORD-
ANCE  WITH THIS SECTION AND SUCH OTHER RULES AS MAY BE NECESSARY FOR THE
PURPOSE OF IMPLEMENTING, CONSTRUING AND CARRYING OUT THE  PROVISIONS  OF
THIS SECTION. SUCH RULES SHALL HAVE THE FORCE AND EFFECT OF LAW.
  I.  ENFORCEMENT.  (1) THE ADMINISTERING AGENCY, THE PUBLIC AUTHORITIES
INSPECTOR GENERAL, OR ANY OTHER APPROPRIATE AGENCY AND  THE  COMPTROLLER
SHALL  BE  AUTHORIZED  TO  TAKE  ANY  STEPS  APPROPRIATE  TO ENFORCE THE
REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED  TO,  INSPECTING
THE  RECORDS OF I.D.A./E.Z.  EMPLOYERS. IN THE EVENT THAT SUCH AGENCY OR
THE COMPTROLLER DETERMINES THAT AN I.D.A./E.Z.  EMPLOYER HAS  FAILED  TO
PAY  THE  FEE  REQUIRED  PURSUANT  TO THIS SECTION OR VIOLATED ANY OTHER
REQUIREMENT OF THIS SECTION, THE STATE OR THE COMPTROLLER MAY  TAKE  ANY
STEP  APPROPRIATE  TO  BRING ABOUT COMPLIANCE INCLUDING, BUT NOT LIMITED
TO, INFORMING STATE OR MUNICIPAL AGENCIES OR DEPARTMENTS OF THE NEED  TO
REVOKE  OR  SUSPEND  ANY STATE-ISSUED OR MUNICIPALLY ISSUED REGISTRATION
CERTIFICATES, PERMITS OR LICENSES HELD OR REQUESTED BY SUCH  I.D.A./E.Z.
EMPLOYER,  OR  TO  SUSPEND  ANY  CONSTRUCTION,  DEMOLITION OR RENOVATION
PROJECT ON WHICH SUCH I.D.A./E.Z.  EMPLOYER IS WORKING, UNTIL SUCH  TIME
AS  THE  VIOLATION  IS  REMEDIED.  ANY SUCH STATE OR MUNICIPAL AGENCY OR
DEPARTMENT RECEIVING SUCH INFORMATION SHALL ENSURE  SUCH  REVOCATION  OR
SUSPENSION.
  (2)  AN  I.D.A./E.Z.    EMPLOYER,  REPRESENTATIVE  OF  EMPLOYEES OF AN
I.D.A./E.Z.  EMPLOYER, OR AN ORGANIZATION THAT ADVOCATES  FOR  EMPLOYEES
IN THE SAME INDUSTRY AS AN I.D.A./E.Z.  EMPLOYER, CLAIMING TO BE INJURED
BY  THE VIOLATION OF THIS SECTION BY AN I.D.A./E.Z.  EMPLOYER WITHIN THE
SAME I.D.A./E.Z.  INDUSTRY MAY COMMENCE AN ACTION IN A COURT  OF  COMPE-
TENT  JURISDICTION  AGAINST  SUCH  I.D.A./E.Z.    EMPLOYER  FOR ANY SUCH
VIOLATION OF THIS SECTION, INCLUDING: (A) THE FAILURE BY AN  I.D.A./E.Z.

S. 1729                            15

EMPLOYER  TO PAY ON A TIMELY BASIS THE FEES ESTABLISHED PURSUANT TO THIS
SECTION OR FILE PROOF THAT SUCH EMPLOYER PROVIDES HEALTH  CARE  EXPENDI-
TURES  AT A COST THAT IS EQUAL TO OR GREATER THAN THE FEE, (B) THE FAIL-
URE  BY  AN I.D.A./E.Z.  EMPLOYER TO PROVIDE INFORMATION TO THE ADMINIS-
TERING AGENCY, EMPLOYEES AND THE PUBLIC AS PROVIDED IN THIS SECTION, AND
(C) THE FAILURE BY AN I.D.A./E.Z.  EMPLOYER TO REFRAIN FROM  RETALIATION
AS  PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION. THE COURT MAY ISSUE
AN INJUNCTION  ENJOINING  ANY  ACTS  OR  PRACTICES  WHICH  CONSTITUTE  A
VIOLATION  OF  THIS  SECTION; AWARD LIQUIDATED DAMAGES TO THE PREVAILING
PLAINTIFF IN THE AMOUNT OF FIVE HUNDRED DOLLARS FOR EACH DAY A VIOLATION
OCCURRED OR PERSISTED TO COMPENSATE FOR ANY INJURY  SUFFERED;  OR  ORDER
SUCH OTHER RELIEF AS MAY BE APPROPRIATE; AND SHALL AWARD TO THE PREVAIL-
ING  PLAINTIFF  COURT  COSTS  AND  A  REASONABLE ATTORNEY'S FEE. A CIVIL
ACTION COMMENCED UNDER THIS SECTION MUST BE COMMENCED WITHIN THREE YEARS
AFTER  THE  DATE  OF  THE  OCCURRENCE  OR  TERMINATION  OF  THE  ALLEGED
VIOLATION.
  (3) RETALIATION. IT SHALL BE UNLAWFUL FOR ANY I.D.A./E.Z.  EMPLOYER TO
DEPRIVE OR THREATEN TO DEPRIVE ANY PERSON OF EMPLOYMENT, TAKE OR THREAT-
EN  TO  TAKE  ANY  REPRISAL OR RETALIATORY ACTION AGAINST ANY PERSON, OR
DIRECTLY OR INDIRECTLY INTIMIDATE, THREATEN, COERCE, COMMAND  OR  INFLU-
ENCE  OR  ATTEMPT  TO INTIMIDATE, THREATEN, COERCE, COMMAND OR INFLUENCE
ANY PERSON BECAUSE SUCH PERSON HAS TAKEN AN ACTION TO ENFORCE OR  INFORM
OTHERS  ABOUT  THE  REQUIREMENTS  OF THIS SECTION. TAKING ADVERSE ACTION
AGAINST A PERSON WITHIN SIXTY DAYS OF  A  PERSON'S  EXERCISE  OF  RIGHTS
PROTECTED  UNDER  THIS SECTION SHALL RAISE A REBUTTABLE PRESUMPTION THAT
SUCH ACTION WAS IN RETALIATION FOR  THE  EXERCISE  OF  SUCH  RIGHTS.  AN
I.D.A./E.Z.   EMPLOYER WHO VIOLATES THE PROHIBITIONS OF THIS SUBDIVISION
SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE NOT TO EXCEED  ONE
THOUSAND DOLLARS UPON CONVICTION.
  J.  AN  I.D.A./E.Z.    EMPLOYER  THAT  IS  A SIGNATORY TO A COLLECTIVE
BARGAINING AGREEMENT UNDER WHICH SUCH EMPLOYER MAKES  PREVAILING  HEALTH
CARE  EXPENDITURES  ON  BEHALF OF EMPLOYEES AND FAMILIES OF EMPLOYEES AS
DETERMINED BY THE COMPTROLLER MAY FULLY COMPLY WITH THE REQUIREMENTS  OF
THIS  SECTION  BY FILING ANNUALLY WITH THE ADMINISTERING AGENCY PROOF OF
SUCH A COLLECTIVE BARGAINING AGREEMENT AND ITS TERMS, IN A FORMAT SPECI-
FIED BY THE ADMINISTERING AGENCY, AND SHALL OTHERWISE BE EXEMPT FROM ALL
REPORTING AND ENFORCEMENT REQUIREMENTS AND PROVISIONS OF  THIS  SECTION.
AN  I.D.A./E.Z.  EMPLOYER AND ITS EMPLOYEES MAY AGREE TO MODIFY OR WAIVE
ANY OF THE REQUIREMENTS OF THIS SECTION PURSUANT TO A  VALID  COLLECTIVE
BARGAINING  AGREEMENT;  PROVIDED THAT SUCH MODIFICATION OR WAIVER IS SET
FORTH EXPRESSLY AND UNAMBIGUOUSLY IN THE COLLECTIVE BARGAINING AGREEMENT
IN A PROVISION THAT MAKES EXPRESS REFERENCE TO THIS SECTION.
  S 13. If any section, subdivision, sentence, clause, phrase, or  other
portion of this act, including any requirement imposed or credit author-
ized  pursuant  to  it,  is  for any reason declared unconstitutional or
invalid, in whole or in part, by any court  of  competent  jurisdiction,
such  portion shall be deemed severable, and such unconstitutionality or
invalidity shall not affect the validity of the  remaining  portions  of
this  act,  which  remaining  portions  shall continue in full force and
effect.
  S 14. This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall  have  become  a law; provided that the commissioner of
health is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date on or before such date; and provided that section four of this  act
shall take effect one year after the effective date of this act.