A06253 Summary:

BILL NO    A06253 

SAME AS    No same as 

SPONSOR    Brennan (MS)

COSPNSR    Galef, Jacobs, Ortiz

MLTSPNSR   Farrell, Lifton, Lupardo, Millman, Perry, Weisenberg

Add Art 18 SS1814 - 1819, BC L

Enacts the "corporate disclosure, responsibility, and taxpayer protection act";
establishes principles for corporations receiving state assistance; provides
for disclosure of real property tax reductions and abatements, standardized
applications for development assistance, disclosure of development assistance,
job creation and quality standards, and recapture in the event of development
assistance defaults.
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A06253 Actions:

BILL NO    A06253 

03/25/2013 referred to corporations, authorities and commissions
01/08/2014 referred to corporations, authorities and commissions
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A06253 Votes:

There are no votes for this bill in this legislative session.
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A06253 Memo:

BILL NUMBER:A6253

TITLE OF BILL:  An act to amend the business corporation law, in
relation to enacting the "corporate disclosure, responsibility, and
taxpayer protection act"

PURPOSE OR GENERAL IDEA OF BILL: To require disclosure of all
development assistance given to in-state corporations by granting
entities, and to compile such information for public review and
comment.

SUMMARY OF SPECIFIC PROVISIONS: Sec. 1 : title - "Corporate
Disclosure, Responsibility and Taxpayer Protection Act of 2005";

Sec. 2: legislative findings and intent;

Sec. 3 : adds a new article 17 to the business corporation law
entitled Corporate Disclosure, Responsibility and Taxpayer Protection
as follows:

SECTION 1615 directs the office of real property services to require
all property taxing entities to disclose in detail all real property
tax reductions or abatements they grant, provides for enforcement and
public availability of tax reduction/abatement list;

SECTION 1616 directs the department of taxation and finance to create
a standardized application form for use by all applicants for
development assistance; details information required on the
application form including a statement of the public purpose for the
development assistance and a commitment to refrain from relocating for
five (5) years after assistance is granted; provides for public
hearings for certain levels of requested development assistance;

SECTION 1617 requires recipients of development assistance to submit
progress reports to granting body; requires granting bodies to submit
completed development assistance applications and progress reports to
the department of taxation and finance; details information required
on the progress reports; directs the department of taxation and
finance to publish all data received from all granting bodies in a
compilation and summary report; authorizes department of taxation and
finance to verify the applicant's information; authorizes department
of taxation and finance to suspend a granting body's ability to
provide development assistance in case of non-compliance with
disclosure requirements;

SECTION 1618 requires granting bodies to analyze applicant's projected
wages, health care coverage, job creation and job quality resulting
from development assistance; provides formulas for performing
analysis;

SECTION 1619 allows granting bodies to recapture value of development
assistance if recipient fails to meet stated goals and requirements,
or relocates from the granting body's jurisdiction within the term of
development assistance and gives taxpayers a cause of action to compel
enforcement of this article.


JUSTIFICATION: To attract and retain jobs, New York state and local
governments offer businesses tax breaks and incentives, access to
training programs and infrastructure development. The Corporate
Accountability Campaign reported in 2005 that New York state and local
governments spend approximately $2.6 billion annually for these
corporate subsidies. The logic behind these subsidies is to stimulate
the economy and increase employment. However, much of the corporate
subsidies do not benefit the people of New York, but instead benefit
only the corporations. In essence the mutual benefit to the people of
New York and to the corporations are one sided, whereby the
corporations solely benefit.

It is critical that the government ensures that companies receiving
such economic development incentives actually provide job
opportunities and livable wages that are promised. Moreover, there
needs to be a mechanism that ensures that these corporate subsidies
are fully disclosed to and monitored by granting bodies and the
taxpaying public.

Just as individuals who receive government assistance (e.g. student
loans) are responsible to utilize such assistance in the manner
required, this bill will extend the same responsibility to
corporations.  Over 37 states and 25 cities have adopted taxpayer
safeguards against corporate subsidies that fail to deliver promised
community benefits.  The disclosure and recapture requirements in this
bill demand full accountability. This legislation will ensure that the
public funds that go into economic development are not lost to
companies that make false promises of job creation and retention, just
as corporations demand personal responsibility from their employees,
this legislation will ensure corporate accountability for those
businesses that receive public financing.

PRIOR LEGISLATIVE HISTORY: A8858-A (2003-04), A.2936 (2005-06). A.1422
(2007-2008); A4930 of 2009-10; A6031 of 2011-12 - in Corporations
Committee

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:  None

EFFECTIVE DATE: This act shall take effect on the first of January
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A06253 Text:

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

                                         6253

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 25, 2013
                                      ___________

       Introduced  by M. of A. BRENNAN, GALEF, JACOBS, ORTIZ -- Multi-Sponsored
         by -- M. of A.  FARRELL, LIFTON, LUPARDO, MILLMAN,  PERRY,  WEISENBERG
         --  read  once and referred to the Committee on Corporations, Authori-
         ties and Commissions

       AN ACT to amend the business corporation law, in  relation  to  enacting
         the  "corporate  disclosure,  responsibility,  and taxpayer protection
         act"

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

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "corporate disclosure, responsibility, and taxpayer protection act".
    3    S 2. Legislative findings and  intent.  The  legislature  finds  that,
    4  despite  an  increase  in spending for the purpose of corporate develop-
    5  ment, in both expenditures and other benefits, the real wage  levels  of
    6  the  state's average working families have suffered years of decline and
    7  stagnation, while corporations and other business entities  have  reaped
    8  tremendous benefits at the working families' expense.
    9    Therefore, in order to ensure that the state's resources are achieving
   10  their desired effect of raising living standards for the state's working
   11  families,  the  legislature  finds  that  it is necessary to collect and
   12  analyze additional information and to enact certain  safeguards  in  its
   13  provision  of  state  assistance. In order to promote corporate account-
   14  ability and responsibility to the citizens of this state,  the  legisla-
   15  ture adopts the following principles:
   16    Principle  1. Businesses that receive economic assistance on the basis
   17  of promises to create and retain jobs in this  state  shall  deliver  on
   18  those promises.
   19    Principle 2. Businesses that receive economic assistance and then fail
   20  to  live  up  to  their  promises to create and retain jobs shall refund
   21  their assistance to the taxpayers.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09454-02-3
       A. 6253                             2

    1    Principle 3. Recipients of economic assistance and the granting  agen-
    2  cies  shall  report  on their progress in meeting their job creation and
    3  job retention promises.
    4    Principle 4. No economic assistance shall be provided for the creation
    5  of jobs that do not pay living wage.
    6    S  3.  The business corporation law is amended by adding a new article
    7  18 to read as follows:
    8                                 ARTICLE 18
    9             CORPORATE DISCLOSURE, RESPONSIBILITY, AND TAXPAYER
   10                               PROTECTION ACT
   11  SECTION 1814. DEFINITIONS.
   12          1815. DISCLOSURE OF REAL PROPERTY TAX REDUCTIONS AND ABATEMENTS.
   13          1816. STANDARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE.
   14          1817. DISCLOSURE OF DEVELOPMENT ASSISTANCE.
   15          1818. JOB CREATION AND JOB QUALITY STANDARDS.
   16          1819. RECAPTURE.
   17  S 1814. DEFINITIONS.
   18    FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE
   19  FOLLOWING MEANINGS:
   20    1.  "CORPORATE PARENT" SHALL MEAN ANY PERSON, LIMITED LIABILITY COMPA-
   21  NY, ORGANIZATION,  BUSINESS,  PARTNERSHIP,  GROUP  OR  CORPORATE  ENTITY
   22  RECOGNIZED  BY  LAW, OR ANY COMBINATION THEREOF, THAT POSSESSES, OWNS OR
   23  CONTROLS AN INTEREST GREATER THAN FIFTY PERCENT OF  A  RECIPIENT  CORPO-
   24  RATION.
   25    2. "DATE OF ASSISTANCE" SHALL MEAN THE DATE UPON WHICH A GRANTING BODY
   26  TRANSMITS  THE FIRST DOLLAR VALUE OF DEVELOPMENT ASSISTANCE TO A RECIPI-
   27  ENT CORPORATION.
   28    3. "DEVELOPMENT ASSISTANCE" (A) SHALL MEAN ANY FORM OF PUBLIC  ASSIST-
   29  ANCE,  INCLUDING  TAX  EXPENDITURES, MADE FOR THE PURPOSE OF STIMULATING
   30  ECONOMIC DEVELOPMENT OF A CORPORATION, INDUSTRY, GEOGRAPHIC JURISDICTION
   31  OR ANY OTHER SECTOR OF THE STATE'S ECONOMY, INCLUDING BUT NOT LIMITED TO
   32  INDUSTRIAL DEVELOPMENT BONDS, TRAINING GRANTS, LOANS,  LOAN  GUARANTEES,
   33  ENTERPRISE  ZONES, EMPOWERMENT ZONES, TAX INCREMENT FINANCING, FEE WAIV-
   34  ERS, LAND PRICE SUBSIDIES, INFRASTRUCTURE WHOSE PRINCIPAL BENEFICIARY IS
   35  A SINGLE BUSINESS OR DEFINED GROUP OF BUSINESSES AT THE TIME IT IS BUILT
   36  OR IMPROVED,  MATCHING  FUNDS,  TAX  ABATEMENTS,  TAX  CREDITS  AND  TAX
   37  DISCOUNTS  OF  EVERY  KIND, INCLUDING CORPORATE INCOME, PERSONAL INCOME,
   38  SALES AND COMPENSATING USE, RAW MATERIALS, REAL PROPERTY, JOB  CREATION,
   39  INDUSTRIAL  INVESTMENT, EXCISE, UTILITY, INVENTORY, ACCELERATED DEPRECI-
   40  ATION AND RESEARCH AND DEVELOPMENT TAX CREDITS AND DISCOUNTS.
   41    (B) SUCH TERM SHALL NOT INCLUDE:
   42    (I) ASSISTANCE GENERALLY AVAILABLE TO ALL BUSINESSES OR TO  A  GENERAL
   43  CLASS  OF SIMILAR BUSINESSES, SUCH AS A LINE OF BUSINESS, SIZE, LOCATION
   44  OR SIMILAR GENERAL CRITERIA;
   45    (II) REDEVELOPMENT PROPERTY POLLUTED AS DEFINED IN  THE  ENVIRONMENTAL
   46  CONSERVATION LAW OR PURSUANT TO FEDERAL LAW, RULES OR REGULATIONS;
   47    (III)  ASSISTANCE  PROVIDED  FOR THE SOLE PURPOSE OF RENOVATING OLD OR
   48  DECAYING BUILDING STOCK OR BRINGING SUCH STOCK INTO COMPLIANCE WITH  THE
   49  RELEVANT BUILDING AND FIRE CODES, AND ASSISTANCE PROVIDED FOR DESIGNATED
   50  HISTORIC  PRESERVATION DISTRICTS, PROVIDED THAT SUCH ASSISTANCE IS EQUAL
   51  TO OR LESS THAN FIFTY PERCENT OF THE TOTAL COST;
   52    (IV) ASSISTANCE FOR HOUSING;
   53    (V) ASSISTANCE FOR POLLUTION CONTROL OR ABATEMENT;
   54    (VI) ASSISTANCE FOR ENERGY CONSERVATION;
   55    (VII) TAX REDUCTIONS RESULTING FROM CONFORMITY WITH FEDERAL TAX LAW;
   56    (VIII) WORKERS COMPENSATION AND UNEMPLOYMENT COMPENSATION;
       A. 6253                             3

    1    (IX) BENEFITS DERIVED FROM REGULATION;
    2    (X)  ASSISTANCE  FOR  A COLLABORATION BETWEEN AN INSTITUTION OF HIGHER
    3  EDUCATION WITHIN THE STATE AND A BUSINESS;
    4    (XI) GENERAL CHANGES IN TAX INCREMENT FINANCING LAW AND OTHER  GENERAL
    5  TAX LAW CHANGES OF A PRINCIPALLY TECHNICAL NATURE;
    6    (XII)  FEDERAL ASSISTANCE UNTIL SUCH ASSISTANCE HAS BEEN REPAID TO AND
    7  REINVESTED BY THE STATE OR A MUNICIPAL AGENCY; AND
    8    (XIII) FEDERAL LOAN FUNDS PROVIDED THROUGH THE UNITED  STATES  DEPART-
    9  MENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION.
   10    4.  "FULL-TIME JOB" SHALL MEAN A JOB IN WHICH A NEW EMPLOYEE WORKS FOR
   11  A RECIPIENT CORPORATION AT A RATE OF  AT  LEAST  THIRTY-FIVE  HOURS  PER
   12  WEEK.
   13    5.  "GRANTING  BODY"  SHALL  MEAN  ANY PUBLIC ENTITY WITHIN THE STATE,
   14  INCLUDING MUNICIPALITIES, REGIONAL DEVELOPMENT ORGANIZATIONS, STATE  AND
   15  LOCAL  PUBLIC CORPORATIONS, AND ANY STATE AGENCY WHICH PROVIDES DEVELOP-
   16  MENT ASSISTANCE.  SUCH TERM SHALL ALSO INCLUDE ANY NOT-FOR-PROFIT ENTITY
   17  CREATED BY A MUNICIPAL AGENCY, OR ANY OTHER ENTITY CREATED BY OR AUTHOR-
   18  IZED BY A MUNICIPALITY WITH AUTHORITY TO PROVIDE DEVELOPMENT ASSISTANCE.
   19    6. "IN EFFECT" SHALL MEAN AND REFER TO ANY CALENDAR  YEAR  WITHIN  THE
   20  DURATION  OF  DEVELOPMENT  ASSISTANCE,  INCLUDING BUT NOT LIMITED TO THE
   21  DURATION OF ANY LOAN, LOAN  GUARANTEE,  TAX  CREDIT,  TAX  CREDIT  CARRY
   22  FORWARD,  REAL  PROPERTY  TAX  REDUCTION  OR ABATEMENT, OR TAX INCREMENT
   23  FINANCING. FOR ONE-TIME FORMS OF DEVELOPMENT ASSISTANCE SUCH  AS  GRANTS
   24  AND  LAND PRICE SUBSIDIES, SUCH TERM SHALL REFER TO A PERIOD OF NOT LESS
   25  THAN FIVE YEARS FROM THE DATE OF ASSISTANCE.
   26    7. "PART-TIME JOB" SHALL MEAN A JOB IN WHICH A NEW EMPLOYEE WORKS  FOR
   27  A  RECIPIENT  CORPORATION  AT  A RATE OF LESS THAN THIRTY-FIVE HOURS PER
   28  WEEK.
   29    8. "PROPERTY TAXING ENTITY" SHALL MEAN EVERY MUNICIPAL CORPORATION, AS
   30  DEFINED IN THE REAL PROPERTY TAX LAW, WHICH LEVIES TAXES OR  ASSESSMENTS
   31  UPON REAL PROPERTY PURSUANT TO THE REAL PROPERTY TAX LAW.
   32    9. "OFFICE" SHALL MEAN THE OFFICE OF REAL PROPERTY SERVICES.
   33    10.  "RECIPIENT CORPORATION" SHALL MEAN ANY FOR-PROFIT OR NOT-FOR-PRO-
   34  FIT CORPORATION THAT RECEIVES DEVELOPMENT ASSISTANCE.
   35    11. "SMALL BUSINESS" SHALL  MEAN  A  CORPORATION  HAVING  A  CORPORATE
   36  PARENT, AND ALL SUBSIDIARIES THEREOF, EMPLOYING FEWER THAN AN AVERAGE OF
   37  TWENTY  FULL-TIME  EQUIVALENT  EMPLOYEES  OR WHICH HAS GROSS RECEIPTS OF
   38  LESS THAN ONE MILLION DOLLARS IN ALL UNITED STATES JURISDICTIONS  DURING
   39  THE CALENDAR YEAR FOR WHICH DISCLOSURE IS REQUIRED.
   40    12.  "SPECIFIC PROJECT SITE" SHALL MEAN THAT DISTINCT OPERATIONAL UNIT
   41  TO WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
   42    13. "TEMPORARY JOB" SHALL MEAN A JOB IN WHICH A NEW EMPLOYEE IS  HIRED
   43  FOR A SPECIFIC DURATION OF TIME OR SEASON.
   44    14.  "INTERNET"  SHALL MEAN THE WORLD WIDE WEB, OR SIMILAR PROPRIETARY
   45  OF COMMON CARRIER ELECTRONIC SYSTEMS.
   46    15. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TAXATION AND FINANCE.
   47    16. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF  THE  DEPARTMENT  OF
   48  TAXATION AND FINANCE.
   49  S 1815. DISCLOSURE OF REAL PROPERTY TAX REDUCTIONS AND ABATEMENTS.
   50    1. THE OFFICE SHALL ESTABLISH AND DISTRIBUTE A STANDARDIZED DISCLOSURE
   51  FORM  FOR USE BY ALL PROPERTY TAXING ENTITIES.  FORMS SHALL BE PUBLISHED
   52  ON THE DEPARTMENT'S INTERNET HOMEPAGE. SUCH FORM SHALL INCLUDE, BUT  NOT
   53  BE LIMITED TO:
   54    (A) THE NAME OF THE RECIPIENT CORPORATION;
   55    (B)  THE  ADDRESS  AND  DESCRIPTION  OF THE REAL PROPERTY OWNED BY THE
   56  RECIPIENT CORPORATION;
       A. 6253                             4

    1    (C) THE DATE UPON WHICH ANY INDIVIDUAL REAL PROPERTY TAX REDUCTION  OR
    2  ABATEMENT FIRST TOOK EFFECT;
    3    (D)  THE  DATE  UPON  WHICH  ANY  INDIVIDUAL PROPERTY TAX REDUCTION OR
    4  ABATEMENT IS SCHEDULED TO EXPIRE;
    5    (E) THE  RATE  OR  SCHEDULE  OF  EACH  INDIVIDUAL  REAL  PROPERTY  TAX
    6  REDUCTION  OR  ABATEMENT  FOR THE PERIOD BETWEEN THE DATE IT TOOK EFFECT
    7  AND THE DATE IT IS SCHEDULED TO EXPIRE;
    8    (F) THE RECIPIENT CORPORATION'S AGGREGATE  FOREGONE  REVENUE  FOR  THE
    9  CALENDAR  YEAR AS A RESULT OF EACH REAL PROPERTY TAX REDUCTION OR ABATE-
   10  MENT;
   11    (G) A COMPILATION AND SUMMARY OF  THE  RECIPIENT  CORPORATION'S  TOTAL
   12  FOREGONE  REVENUE  AS  A  RESULT  OF ALL REAL PROPERTY TAX REDUCTIONS OR
   13  ABATEMENTS, INCLUDING A SUMMARY OF FOREGONE REVENUE  FOR  EACH  KIND  OF
   14  REDUCTION OR ABATEMENT; AND
   15    (H) THE RESPECTIVE SHARES OF THE RECIPIENT CORPORATION'S REAL PROPERTY
   16  TAX  REVENUES  IN  THE  REPORTED YEAR WHICH WENT TO EACH PROPERTY TAXING
   17  ENTITY.
   18    2. ANNUALLY, ON OR BEFORE THE FIRST DAY OF  FEBRUARY,  EVERY  PROPERTY
   19  TAXING  ENTITY SHALL COMPLETE THE FORM ESTABLISHED PURSUANT TO PARAGRAPH
   20  ONE OF THIS SECTION FOR EACH RECIPIENT CORPORATION OWNING REAL  PROPERTY
   21  OR DOING BUSINESS WITHIN THE JURISDICTION OF SUCH ENTITY.
   22    3.  ANNUALLY,  ON  OR  BEFORE  THE  FIRST DAY OF APRIL, EVERY PROPERTY
   23  TAXING ENTITY SHALL COMPILE AND REPORT TO  THE  OFFICE  ALL  INFORMATION
   24  INCLUDED  IN  THE  FORMS  COMPLETED  PURSUANT  TO  PARAGRAPH TWO OF THIS
   25  SECTION.
   26    4. THE OFFICE SHALL ANNUALLY, ON OR BEFORE  THE  FIRST  DAY  OF  JUNE,
   27  COMPILE ALL DATA RECEIVED FROM PROPERTY TAXING ENTITIES PURSUANT TO THIS
   28  SECTION  AND PUBLISH, IN BOTH WRITTEN AND ELECTRONIC FORMS, SUCH DATA IN
   29  THE FORM OF A  DISCLOSURE  REGISTRY.  ALL  DATA  SHALL  ADDITIONALLY  BE
   30  PUBLISHED ON THE INTERNET HOMEPAGE OF THE OFFICE.
   31    5.  UPON  THE FAILURE OF ANY PROPERTY TAXING ENTITY TO COMPLY WITH THE
   32  PROVISIONS OF PARAGRAPH THREE OF THIS SECTION, THE OFFICE SHALL,  WITHIN
   33  TEN  BUSINESS  DAYS  OF THE FIRST DAY OF APRIL, NOTIFY THE DEPARTMENT OF
   34  SUCH FAILURE.   UPON  RECEIPT  OF  SUCH  NOTICE,  THE  DEPARTMENT  SHALL
   35  SUSPEND,  WITHIN  THREE  BUSINESS DAYS, ALL DEVELOPMENT ASSISTANCE UNDER
   36  ITS CONTROL TO SUCH PROPERTY TAXING ENTITY, AND SHALL BE PROHIBITED FROM
   37  PROVIDING ANY DEVELOPMENT ASSISTANCE TO SUCH ENTITY UNTIL THE DEPARTMENT
   38  RECEIVES NOTICE FROM THE OFFICE THAT THE PROPERTY TAXING  ENTITY  IS  IN
   39  COMPLIANCE WITH PARAGRAPH THREE OF THIS SECTION.
   40    6.  UPON THE FAILURE OF THE OFFICE, THE DEPARTMENT OR ANY STATE AGENCY
   41  TO COMPLY WITH THE PROVISIONS OF PARAGRAPH FOUR OR FIVE OF THIS SECTION,
   42  ANY TAXPAYER, WHO PAID TAXES DURING THE PREVIOUS  CALENDAR  YEAR,  SHALL
   43  HAVE  STANDING  TO BRING A CAUSE OF ACTION TO COMPEL COMPLIANCE WITH THE
   44  PROVISIONS OF THIS SECTION.
   45    7. ALL INFORMATION DERIVED PURSUANT TO  THIS  SECTION  SHALL  BE  MADE
   46  AVAILABLE  TO  THE PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
   47  LAW.
   48    8. PROPERTY TAXING ENTITIES WHO FAIL TO COMPLY WITH THIS SECTION THREE
   49  TIMES WILL BE PROHIBITED FROM RECEIVING ANY FURTHER DEVELOPMENT  ASSIST-
   50  ANCE.
   51  S 1816. STANDARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE.
   52    1. THE DEPARTMENT SHALL ESTABLISH AND DISTRIBUTE A STANDARDIZED APPLI-
   53  CATION  FORM  FOR  DEVELOPMENT  ASSISTANCE  TO  BE  USED BY ALL GRANTING
   54  BODIES. UPON APPROVAL OF ANY APPLICATION,  THE  RECIPIENT  AND  GRANTING
   55  BODY SHALL BE BOUND BY THE TERMS AND INFORMATION INCLUDED IN SUCH APPLI-
       A. 6253                             5

    1  CATION.  SUCH  APPLICATION  FORM SHALL INCLUDE, BUT SHALL NOT BE LIMITED
    2  TO:
    3    (A)  AN  APPLICATION  TRACKING  NUMBER  WHICH  IS SPECIFIC TO BOTH THE
    4  GRANTING AGENCY AND TO EACH APPLICATION;
    5    (B) THE NAME, STREET, MAILING ADDRESSES, PHONE NUMBER AND CHIEF  OFFI-
    6  CER OF THE GRANTING BODY;
    7    (C)  THE NAME, STREET, MAILING ADDRESSES, PHONE NUMBER AND CHIEF OFFI-
    8  CER OF THE CORPORATE PARENT OF THE APPLICANT CORPORATION;
    9    (D) THE NAME, STREET, MAILING ADDRESSES, PHONE NUMBER, FOUR-DIGIT  SIC
   10  NUMBER  AND  CHIEF  OFFICER OF THE APPLICANT CORPORATION AT THE SPECIFIC
   11  PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS SOUGHT;
   12    (E) A STATEMENT OF THE PUBLIC PURPOSE FOR THE DEVELOPMENT  ASSISTANCE,
   13  INCLUDING  BUT  NOT  LIMITED  TO, ENHANCING ECONOMIC DIVERSITY, CREATING
   14  HIGH-QUALITY JOB  GROWTH,  JOB  RETENTION,  STABILIZING  THE  COMMUNITY,
   15  INCREASING THE TAX BASE OR OTHER PUBLIC PURPOSE;
   16    (F) A STATEMENT OF THE APPLICANT'S RECORD OF PERFORMANCE IN CONTRIBUT-
   17  ING  TO  JOB  RETENTION  AND  CREATION, ECONOMIC STABILITY AND COMMUNITY
   18  REVITALIZATION, CHILD CARE, AND ANY CRIMINAL CONVICTIONS, VIOLATIONS  OR
   19  PENDING  INVESTIGATIONS  REGARDING OCCUPATIONAL SAFETY AND HEALTH STAND-
   20  ARDS, EQUAL EMPLOYMENT OPPORTUNITY CREDITS AND ENVIRONMENTAL STANDARDS;
   21    (G) A STATEMENT OF WHY THE DEVELOPMENT ASSISTANCE IS NEEDED;
   22    (H) A COMMITMENT TO CONTINUE OPERATIONS IN THE JURISDICTION WHERE  THE
   23  DEVELOPMENT  ASSISTANCE  IS  USED FOR NOT LESS THAN FIVE YEARS AFTER THE
   24  DATE OF ASSISTANCE;
   25    (I) THE APPLICANT CORPORATION'S  TOTAL  NUMBER  OF  EMPLOYEES  AT  THE
   26  SPECIFIC  PROJECT  SITE  ON  THE DATE OF THE APPLICATION, BROKEN DOWN BY
   27  FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
   28    (J) THE TOTAL NUMBER OF EMPLOYEES IN THE STATE OF THE APPLICANT CORPO-
   29  RATION'S CORPORATE PARENT, AND ALL SUBSIDIARIES THEREOF, AS OF  DECEMBER
   30  THIRTY-FIRST  OF THE YEAR PRECEDING THE DATE OF APPLICATION, BROKEN DOWN
   31  BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
   32    (K) THE KIND OR KINDS OF DEVELOPMENT ASSISTANCE AND VALUE OR VALUES OF
   33  ASSISTANCE BEING APPLIED FOR;
   34    (L) THE NUMBER OF NEW JOBS TO BE CREATED BY  THE  DEVELOPMENT  ASSIST-
   35  ANCE, BROKEN DOWN BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
   36    (M) A SPECIFIC MINIMUM LEVEL OF WAGES TO BE PAID FOR THE JOBS CREATED.
   37  SUCH  MINIMUM  LEVEL MAY BE STATED AS A SPECIFIC DOLLAR AMOUNT OR MAY BE
   38  STATED AS A FORMULA THAT WILL GENERATE A SPECIFIC DOLLAR AMOUNT;
   39    (N) THE AVERAGE HOURLY WAGE TO BE PAID WITHIN ONE YEAR OF  THE  HIRING
   40  TO  THE NEW EMPLOYEES, BROKEN DOWN BY NUMBER OF FULL-TIME, PART-TIME AND
   41  TEMPORARY EMPLOYEES, AND BROKEN DOWN BY WAGE LEVELS AS FOLLOWS:
   42    (I) $7.15 AN HOUR,
   43    (II) $7.16 TO $8.00 AN HOUR,
   44    (III) $8.01 TO $9.00 AN HOUR,
   45    (IV) $9.01 TO $10.00 AN HOUR,
   46    (V) $10.01 TO $11.00 AN HOUR,
   47    (VI) $11.01 TO $12.00 AN HOUR,
   48    (VII) $12.01 TO $13.00 AN HOUR,
   49    (VIII) $13.01 TO $14.00 AN HOUR,
   50    (IX) $14.01 TO $15.00 AN HOUR, AND
   51    (X) $15.01 OR MORE AN HOUR;
   52    (O) FOR APPLICANT PROJECT SITES LOCATED IN A METROPOLITAN  STATISTICAL
   53  AREA,  AS DEFINED BY THE UNITED STATES CENSUS BUREAU, THE AVERAGE HOURLY
   54  WAGE PAID NON-MANAGERIAL EMPLOYEES IN THE APPLICANT'S  INDUSTRY  IN  THE
   55  STATE,  AS  MOST  RECENTLY PROVIDED BY THE UNITED STATES BUREAU OF LABOR
       A. 6253                             6

    1  STATISTICS TO THE TWO OR THREE-DIGIT SIC NUMBER SPECIFICATION, AS AVAIL-
    2  ABLE;
    3    (P)  FOR  APPLICANT  PROJECT  SITES  LOCATED  OUTSIDE  OF METROPOLITAN
    4  STATISTICAL AREAS, THE AVERAGE WEEKLY WAGE PAID IN THE COUNTY,  AS  MOST
    5  RECENTLY  REPORTED  BY  THE  UNITED STATES DEPARTMENT OF COMMERCE IN ITS
    6  COUNTY BUSINESS PATTERNS REPORTS;
    7    (Q) THE NATURE OF EMPLOYER-PAID HEALTH CARE COVERAGE  TO  BE  PROVIDED
    8  WITHIN  NINETY DAYS OF THE HIRING TO THE EMPLOYEES FILLING THE NEW JOBS,
    9  INCLUDING ANY COSTS TO BE BORNE BY THE NEW EMPLOYEES;
   10    (R) A LIST OF ALL OTHER FORMS OF DEVELOPMENT ASSISTANCE THE  APPLICANT
   11  CORPORATION  IS  SEEKING  FOR THE SPECIFIC PROJECT SITE, AND THE NAME OR
   12  NAMES OF THE GRANTING BODY OR BODIES FROM WHICH SUCH DEVELOPMENT ASSIST-
   13  ANCE IS BEING SOUGHT;
   14    (S) A NARRATIVE, IF NECESSARY, DESCRIBING HOW THE APPLICANT'S  USE  OF
   15  THE  DEVELOPMENT  ASSISTANCE  MAY  REDUCE  EMPLOYMENT AT ANY SITE IN ANY
   16  UNITED STATES JURISDICTION CONTROLLED BY THE  APPLICANT  CORPORATION  OR
   17  ITS  CORPORATE PARENT, INCLUDING BUT NOT LIMITED TO EVENTS SUCH AS AUTO-
   18  MATION, CONSOLIDATION, MERGER, ACQUISITION, PRODUCT LINE MOVEMENT, BUSI-
   19  NESS ACTIVITY MOVEMENT OR RESTRUCTURING BY EITHER THE  APPLICANT  CORPO-
   20  RATION OR ITS CORPORATE PARENT; AND
   21    (T) INDIVIDUAL CERTIFICATIONS BY THE CHIEF OFFICERS OF BOTH THE APPLI-
   22  CANT  CORPORATION AND THE GRANTING BODY AS TO THE ACCURACY OF THE APPLI-
   23  CATION, UNDER THE PENALTY OF PERJURY.
   24    2. ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND  FOURTEEN,  EVERY
   25  GRANTING  BODY AND APPLICANT CORPORATION SHALL JOINTLY COMPLETE A STAND-
   26  ARDIZED APPLICATION FORM EACH TIME  DEVELOPMENT  ASSISTANCE  IS  APPLIED
   27  FOR.  PROVIDED,  THAT PRIOR TO THE AWARDING OF DEVELOPMENT ASSISTANCE IN
   28  EXCESS OF FIVE HUNDRED THOUSAND DOLLARS BY  A  GRANTING  BODY  WHICH  IS
   29  ESTABLISHED BY THE STATE OR IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS BY
   30  A  MUNICIPAL GRANTING BODY, SUCH GRANTING BODY SHALL HOLD A PUBLIC HEAR-
   31  ING ON SUCH APPLICATION AND SHALL PROVIDE PUBLIC NOTICE OF  SUCH  PUBLIC
   32  HEARING.
   33    (A) PUBLIC NOTICE SHALL BE GIVEN IN A MANNER DESIGNED TO INFORM INTER-
   34  ESTED  AND POTENTIALLY INTERESTED PERSONS OF THE LOCATION, CHARACTER AND
   35  AMOUNT OF THE PROPOSED DEVELOPMENT ASSISTANCE BY THE GRANTING BODY. SUCH
   36  NOTICE SHALL BE GIVEN BY THE GRANTING BODY. THE GRANTING BODY SHALL:
   37    (I) PUBLISH NOTICE IN  A  NEWSPAPER  OF  GENERAL  CIRCULATION  IN  THE
   38  GEOGRAPHICAL AREA OF THE PROPOSED DEVELOPMENT ASSISTANCE, SUCH NEWSPAPER
   39  TO BE SPECIFIED BY THE DEPARTMENT;
   40    (II)  POST  NOTICE IN THE POST OFFICE AND PUBLIC PLACES OF THE MUNICI-
   41  PALITY NEAREST THE PREMISES OF  THE  APPLICANT  IN  WHICH  THE  EFFLUENT
   42  SOURCE IS LOCATED;
   43    (III)  POST  NOTICE  NEAR THE ENTRANCE TO THE GRANTING BODY'S PREMISES
   44  AND IN NEARBY PLACES;
   45    (IV) MAIL, BY THE DEPARTMENT, TO ANY PERSON OR GROUP UPON REQUEST, AND
   46  THE DEPARTMENT SHALL UPON REQUEST ADD THE NAME OF ANY PERSON OR GROUP TO
   47  A MAILING LIST TO RECEIVE COPIES OF NOTICES FOR ALL ECONOMIC DEVELOPMENT
   48  ISSUES WITHIN THE STATE OR WITHIN A CERTAIN GEOGRAPHICAL AREA; AND
   49    (V) POST NOTICE ON THE INTERNET HOMEPAGE OF THE DEPARTMENT AS WELL  AS
   50  THE GRANTING BODY.
   51    (B)  ALL  COSTS  OF PUBLIC NOTICES SHALL BE BORNE BY THE GRANTING BODY
   52  AND PROOF THEREOF SHALL BE GIVEN TO THE DEPARTMENT BY THE  APPLICANT  IN
   53  THE FORM SPECIFIED BY THE DEPARTMENT.
   54    (C) THE NOTICE SHALL BE IN THE FORM AND CONTAIN THE INFORMATION SPECI-
   55  FIED BY THE DEPARTMENT, AS MORE SPECIFICALLY DENOTED IN SUBPARAGRAPH (D)
       A. 6253                             7

    1  OF  THIS  PARAGRAPH,  AND  SHALL  BE  PUBLISHED AT THE TIMES AND FOR THE
    2  NUMBER OF DAYS SPECIFIED BY THE DEPARTMENT.
    3    (D)  THE  CONTENTS OF PUBLIC NOTICE SHALL INCLUDE AT LEAST THE FOLLOW-
    4  ING:
    5    (I) DATE OF APPLICATION AND END OF PUBLIC COMMENT PERIOD;  THE  PUBLIC
    6  COMMENT  PERIOD  SHALL  BE  SPECIFIED BY THE DEPARTMENT, BUT IN NO EVENT
    7  SHALL BE LESS THAN THIRTY DAYS FROM THE DATE OF PUBLICATION;
    8    (II) NAME, ADDRESS AND TELEPHONE NUMBER OF THE RELEVANT OFFICES OF THE
    9  DEPARTMENT AT WHICH INTERESTED PERSONS MAY OBTAIN  FURTHER  INFORMATION,
   10  REQUEST  A  COPY OF THE APPLICATION AND INSPECT AND COPY THE APPLICATION
   11  AND ITS SUPPORTING DOCUMENTS;
   12    (III) NAME AND ADDRESS OF APPLICANT OR APPLICANTS;
   13    (IV) A BRIEF DESCRIPTION OF THE  PROCEDURES  FOR  PUBLIC  COMMENT  AND
   14  HEARING REQUEST APPLICABLE PURSUANT TO THIS SECTION.
   15    (E)  WITHIN  THE PUBLIC COMMENT PERIOD SPECIFIED IN THE PUBLIC NOTICE,
   16  INTERESTED PERSONS MAY SUBMIT THEIR WRITTEN VIEWS WITH  RESPECT  TO  THE
   17  APPLICATION.  ALL  WRITTEN  COMMENTS SUBMITTED DURING THE COMMENT PERIOD
   18  SHALL BE RETAINED BY THE COMMISSIONER AND CONSIDERED IN THE  FORMULATION
   19  OF  HIS  FINAL DETERMINATION WITH RESPECT TO THE APPLICATION. THE PERIOD
   20  FOR WRITTEN COMMENT MAY BE EXTENDED AT THE DISCRETION OF THE COMMISSION-
   21  ER. A REQUEST OR PETITION FOR A PUBLIC HEARING PURSUANT  TO  THIS  PARA-
   22  GRAPH SHALL BE MADE WITHIN THIS PUBLIC COMMENT PERIOD.
   23    (F)  THE  FOLLOWING  INFORMATION  WILL  BE AVAILABLE TO THE PUBLIC FOR
   24  INSPECTION AND COPYING:
   25    (I) ANY APPLICATION;
   26    (II) ANY PUBLIC COMMENTS AND TESTIMONY CONCERNING AN APPLICATION  WITH
   27  REGARD TO THAT APPLICATION; AND
   28    (III)  ANY  INFORMATION  OBTAINED PURSUANT TO ANY MONITORING, RECORDS,
   29  REPORTING OR INVESTIGATORY ACTIVITIES OF THE DEPARTMENT.
   30    (G) THE APPLICANT, ANY PERSON OR GROUP OF PERSONS, ANY AFFECTED STATE,
   31  OR AGENCY OR POLITICAL  SUBDIVISION  THEREOF,  ANY  AFFECTED  INTERSTATE
   32  AGENCY,  ANY  AFFECTED  COUNTRY,  OR  PROVINCE,  OR AGENCY, OR POLITICAL
   33  SUBDIVISION THEREOF, MAY PETITION IN WRITING FOR ADDITIONAL PUBLIC HEAR-
   34  INGS WITH RESPECT TO ANY APPLICATION. ANY SUCH REQUEST OR PETITION SHALL
   35  BE FILED WITHIN THE PERIOD PRESCRIBED IN SUBPARAGRAPH (H) OF THIS  PARA-
   36  GRAPH  AND SHALL INDICATE THE INTEREST OF THE PERSON FILING SUCH REQUEST
   37  AND THE REASONS WHY A HEARING IS WARRANTED.  THE FOLLOWING COSTS OF  THE
   38  HEARING ON AN APPLICATION SHALL BE PAID DIRECTLY BY THE GRANTING BODY TO
   39  THE PROVIDER OF SUCH SERVICES, MATERIAL, OR FACILITIES:
   40    (I) STENOGRAPHIC AND OTHER COSTS OF PRODUCING THE RECORD;
   41    (II) NEWSPAPER PUBLICATION AND OTHER COSTS OF GIVING NOTICE; AND
   42    (III)  COSTS  OF  RENTING  ANY  NECESSARY FACILITIES AND EQUIPMENT FOR
   43  HOLDING THE HEARING.
   44    (H) NOTICE SHALL BE GIVEN AT LEAST THIRTY DAYS IN ADVANCE OF THE HEAR-
   45  ING.  THE CONTENTS OF SUCH PUBLIC NOTICE  SHALL  INCLUDE  AT  LEAST  THE
   46  FOLLOWING:
   47    (I)  DATE  OF ISSUANCE OF NOTICE AND DATE, TIME, LOCATION, AND PURPOSE
   48  OF HEARING;
   49    (II) NAME, ADDRESS AND TELEPHONE NUMBER OF THE RELEVANT OFFICES OF THE
   50  DEPARTMENT AT WHICH INTERESTED PERSONS MAY OBTAIN  FURTHER  INFORMATION,
   51  AND REQUEST A COPY OF THE PERMIT;
   52    (III)  NAME  AND ADDRESS OF THE APPLICANT OR APPLICANTS WHOSE APPLICA-
   53  TION WILL BE CONSIDERED AT THE HEARING;
   54    (IV) A CONCISE STATEMENT OF THE ISSUES RAISED BY THE PERSONS  REQUEST-
   55  ING THE HEARING; AND
       A. 6253                             8

    1    (V)  A  BRIEF  DESCRIPTION OF THE NATURE OF THE HEARING, INCLUDING THE
    2  RULES AND PROCEDURES TO BE FOLLOWED.
    3    (I) AT A PUBLIC HEARING HELD WITH REGARD TO AN APPLICATION, ANY PERSON
    4  SHALL BE AFFORDED THE OPPORTUNITY TO PRESENT ORAL OR WRITTEN STATEMENTS,
    5  ARGUMENTS OR DATA; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL HAVE THE
    6  DISCRETION  TO  FIX  REASONABLE  TIME LIMITS ON THE PRESENTATION OF ORAL
    7  STATEMENTS AND WHEN TIME AND SCHEDULING CONSIDERATIONS NECESSITATE,  MAY
    8  REQUIRE  THE  SUBMISSION OF STATEMENTS IN WRITING. (I) THE HEARING SHALL
    9  BE CONDUCTED BY A HEARING OFFICER DESIGNATED BY  THE  COMMISSIONER.  THE
   10  HEARING  OFFICER  SHALL  CAUSE A RECORD OF THE HEARING TO BE MADE, WHICH
   11  SHALL INCLUDE ANY PUBLIC COMMENTS  OR  STATEMENTS  RECEIVED,  AND  SHALL
   12  RENDER  A  REPORT  TO THE COMMISSIONER SETTING FORTH THE APPEARANCES AND
   13  RELEVANT FACTS AND ARGUMENTS PRESENTED AT THE HEARING. THE HEARING OFFI-
   14  CER IS EMPOWERED TO:
   15    (1) PROVIDE FOR THE TAKING OF WRITTEN AND ORAL  STATEMENTS,  TESTIMONY
   16  UNDER OATH, AND DOCUMENTARY EVIDENCE; AND
   17    (2) REGULATE THE COURSE OF THE HEARING, FIX THE TIME FOR THE FILING OF
   18  WRITTEN STATEMENTS AND DATA, PROVIDE FOR THE SCHEDULING AND PRESERVATION
   19  OF  ORAL  STATEMENTS, TESTIMONY UNDER OATH AND DOCUMENTARY EVIDENCE, AND
   20  SET THE TIME AND PLACE FOR CONTINUED HEARINGS.
   21    (II) ANY MATERIALS, INCLUDING RECORDS AND DOCUMENTS, IN THE POSSESSION
   22  OF THE DEPARTMENT OF WHICH IT DESIRES TO AVAIL ITSELF, MAY BE OFFERED BY
   23  THE DEPARTMENT AND MADE PART OF THE RECORD. SUCH MATERIALS MAY BE RELIED
   24  UPON BY THE COMMISSIONER IN MAKING A FINAL DECISION  OR  OTHER  DISPOSI-
   25  TION.
   26    (III) CROSS-EXAMINATION OF WITNESSES SHALL BE PERMITTED AND THE STRICT
   27  PROCEDURAL  RULES  OF  EVIDENCE MAY BE MODIFIED AT THE DISCRETION OF THE
   28  HEARING OFFICER. THE DETERMINATION  OF  THE  HEARING  OFFICER  SHALL  BE
   29  FOUNDED  UPON  THE  RECORD  OF THE HEARING AND UPON COMPETENT, RELEVANT,
   30  MATERIAL EVIDENCE WHICH IS SUBSTANTIAL IN VIEW OF THE ENTIRE RECORD.
   31  S 1817. DISCLOSURE OF DEVELOPMENT ASSISTANCE.
   32    1. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH  YEAR,  EVERY  GRANTING
   33  BODY  SHALL SUBMIT TO THE DEPARTMENT A COPY OF EVERY DEVELOPMENT ASSIST-
   34  ANCE APPLICATION FORM COMPLETED PURSUANT TO SECTION  1816  (STANDARDIZED
   35  APPLICATIONS  FOR  DEVELOPMENT  ASSISTANCE) DURING THE PREVIOUS CALENDAR
   36  YEAR. UPON EACH SUCH APPLICATION,  THE  GRANTING  BODY  SHALL  DESIGNATE
   37  WHETHER  THE  DEVELOPMENT  ASSISTANCE  IS  PENDING,  WAS APPROVED OR WAS
   38  DENIED, AND FOR THOSE APPLICATIONS  THAT  WERE  APPROVED,  THE  DATE  OF
   39  ASSISTANCE  IF  THE DATE OF ASSISTANCE OCCURRED IN THE PREVIOUS CALENDAR
   40  YEAR.
   41    2. FOR THOSE APPLICATIONS THAT WERE APPROVED BUT FOR WHICH THE DATE OF
   42  ASSISTANCE DID NOT OCCUR IN THE SAME CALENDAR YEAR, EACH  GRANTING  BODY
   43  SHALL  REPORT IN ITS NEXT SUBSEQUENT ANNUAL REPORT TO THE DEPARTMENT THE
   44  RELEVANT DATES OF ASSISTANCE.
   45    3. EACH RECIPIENT CORPORATION SHALL SUBMIT AN ANNUAL  PROGRESS  REPORT
   46  TO  THE  DEVELOPMENT ASSISTANCE GRANTOR. FOR EACH DEVELOPMENT ASSISTANCE
   47  APPLICATION THAT WAS APPROVED, EACH GRANTING AGENCY SHALL SUBMIT TO  THE
   48  DEPARTMENT  THE  RECIPIENT  CORPORATION'S  PROGRESS  REPORT  WHICH SHALL
   49  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING DATA:
   50    (A) THE APPLICATION TRACKING NUMBER;
   51    (B) THE NAME, STREET, MAILING ADDRESS, PHONE NUMBER AND CHIEF  OFFICER
   52  OF THE GRANTING BODY;
   53    (C)  THE  NAME,  STREET, MAILING ADDRESS, PHONE NUMBER, FOUR-DIGIT SIC
   54  NUMBER AND CHIEF OFFICER OF THE CORPORATION AT THE SPECIFIC PROJECT SITE
   55  FOR WHICH THE DEVELOPMENT ASSISTANCE WAS APPROVED;
       A. 6253                             9

    1    (D) THE KIND OF DEVELOPMENT ASSISTANCE AND VALUE  OF  ASSISTANCE  THAT
    2  WAS APPROVED;
    3    (E)  THE APPLICANT'S TOTAL LEVEL OF EMPLOYMENT AT THE SPECIFIC PROJECT
    4  SITE ON THE DATE OF THE APPLICATION AND THE APPLICANT'S TOTAL  LEVEL  OF
    5  EMPLOYMENT  AT  THE  SPECIFIC  PROJECT  SITE  ON THE DATE OF THE REPORT,
    6  BROKEN DOWN BY FULL-TIME, PART-TIME  AND  TEMPORARY  EMPLOYMENT,  AND  A
    7  COMPUTATION OF THE GAIN OR LOSS IN EACH CATEGORY;
    8    (F)  THE  NUMBER  OF  NEW JOBS THE APPLICANT CORPORATION STATED IN ITS
    9  APPLICATION WOULD BE CREATED BY THE DEVELOPMENT ASSISTANCE, BROKEN  DOWN
   10  BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
   11    (G)  THE  TOTAL  LEVEL  OF  EMPLOYMENT IN THE STATE OF THE APPLICANT'S
   12  CORPORATE PARENT, AND ALL SUBSIDIARIES THEREOF, AS OF  THE  THIRTY-FIRST
   13  DAY  OF  DECEMBER  OF THE YEAR PRECEDING THE DATE OF APPLICATION AND THE
   14  TOTAL LEVEL OF EMPLOYMENT IN THE  STATE  OF  THE  APPLICANT'S  CORPORATE
   15  PARENT,  AND  ALL  SUBSIDIARIES  THEREOF,  AS OF THE THIRTY-FIRST DAY OF
   16  DECEMBER OF EACH YEAR UP THROUGH THE  REPORTING  YEAR,  BROKEN  DOWN  BY
   17  FULL-TIME,  PART-TIME  AND  TEMPORARY EMPLOYMENT, AND A STATEMENT OF THE
   18  GAIN OR LOSS IN EACH CATEGORY FROM THE EARLIEST  REPORTED  YEAR  TO  THE
   19  MOST RECENT;
   20    (H)  THE  AVERAGE  HOURLY WAGE PAID AS OF DECEMBER THIRTY-FIRST OF THE
   21  REPORTING YEAR TO EMPLOYEES FILLING THE NEW JOBS AT THE SPECIFIC PROJECT
   22  SITE, BROKEN DOWN BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
   23    (I) THE NATURE OF EMPLOYER-PAID HEALTH CARE  COVERAGE  BEING  PROVIDED
   24  WITHIN  NINETY DAYS OF THE HIRING TO THE EMPLOYEES FILLING THE NEW JOBS,
   25  INCLUDING ANY COSTS BEING BORNE BY THE NEW EMPLOYEES;
   26    (J) A NARRATIVE, IF NECESSARY, DESCRIBING  HOW  THE  RECIPIENT  CORPO-
   27  RATION'S USE OF THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS
   28  REDUCED  EMPLOYMENT  AT  ANY  SITE  IN  ANY  UNITED  STATES JURISDICTION
   29  CONTROLLED BY THE APPLICANT OR ITS CORPORATE PARENT, INCLUDING  BUT  NOT
   30  LIMITED  TO  EVENTS  SUCH AS AUTOMATION, CONSOLIDATION, MERGER, ACQUISI-
   31  TION, PRODUCT LINE MOVEMENT, BUSINESS ACTIVITY MOVEMENT, OR  RESTRUCTUR-
   32  ING BY EITHER THE APPLICANT OR ITS CORPORATE PARENT; AND
   33    (K) SIGNED INDIVIDUAL CERTIFICATIONS BY THE CHIEF OFFICERS OF BOTH THE
   34  APPLICANT  CORPORATION  AND  THE GRANTING BODY AS TO THE ACCURACY OF THE
   35  PROGRESS REPORT, UNDER THE PENALTY OF PERJURY.
   36    4. THE GRANTING BODY AND THE DEPARTMENT SHALL HAVE FULL  INVESTIGATIVE
   37  AUTHORITY  TO VERIFY ALL APPLICANTS' PROGRESS REPORT DATA, INCLUDING BUT
   38  NOT LIMITED TO INSPECTION OF THE SPECIFIC PROJECT SITE AND  ANALYSIS  OF
   39  TAX AND PAYROLL RECORDS.
   40    5.  ANNUALLY, ON OR BEFORE THE FIRST DAY OF JUNE, THE DEPARTMENT SHALL
   41  COMPILE, SUMMARIZE AND PUBLISH  ALL  DATA  IN  ALL  OF  THE  DEVELOPMENT
   42  ASSISTANCE  PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORMS. FORMS
   43  SHALL BE PUBLISHED ON THE  DEPARTMENT'S  INTERNET  HOMEPAGE.  AMONG  THE
   44  INFORMATION  IN THE COMPILATION AND SUMMARY REPORT, THE DEPARTMENT SHALL
   45  INCLUDE:
   46    (A) THE TOTAL AMOUNT OF DEVELOPMENT ASSISTANCE AWARDED IN EACH  DEVEL-
   47  OPMENT REGION OF THE STATE;
   48    (B)  THE DISTRIBUTION OF DEVELOPMENT ASSISTANCE AMOUNTS BY SIZE OF THE
   49  BUSINESS SUBSIDY;
   50    (C) THE DISTRIBUTION OF DEVELOPMENT ASSISTANCE AMOUNTS BY TIME CATEGO-
   51  RY;
   52    (D) THE DISTRIBUTION OF DEVELOPMENT ASSISTANCE BY TYPE AND  BY  PUBLIC
   53  PURPOSE;
   54    (E)  THE  PERCENTAGE  OF  ALL  DEVELOPMENT  ASSISTANCE RECIPIENTS THAT
   55  REACHED THEIR GOALS;
       A. 6253                            10

    1    (F) THE PERCENTAGE OF DEVELOPMENT ASSISTANCE RECIPIENTS THAT  DID  NOT
    2  REACH THEIR GOALS WITHIN TWO YEARS OF THE BENEFIT DATE;
    3    (G)  THE  TOTAL  DOLLAR AMOUNT OF DEVELOPMENT ASSISTANCE TO RECIPIENTS
    4  THAT DID NOT MEET THEIR GOALS AFTER TWO YEARS OF THE BENEFIT DATE;
    5    (H) THE PERCENTAGE OF DEVELOPMENT ASSISTANCE RECIPIENTS THAT  DID  NOT
    6  MEET THEIR GOALS AND THAT DID NOT RECEIVE REPAYMENT;
    7    (I)  THE  LIST  OF  RECIPIENTS THAT HAVE FAILED TO MEET THE TERMS OF A
    8  SUBSIDY AGREEMENT IN THE PAST FIVE YEARS AND HAVE  NOT  SATISFIED  THEIR
    9  REPAYMENT OBLIGATIONS;
   10    (J)  THE NUMBER OF PART-TIME AND FULL-TIME JOBS WITHIN SEPARATE LEVELS
   11  OF WAGES; AND
   12    (K) THE BENEFITS PAID WITHIN SEPARATE LEVELS OF WAGES.
   13    6. EVERY  ASPECT  OF  DEVELOPMENT  ASSISTANCE  APPLICATIONS,  PROGRESS
   14  REPORTS  AND  THE  DEPARTMENT  COMPILATION  OF APPLICATIONS AND PROGRESS
   15  REPORTS SHALL BE FULLY SUBJECT TO THE PROVISIONS OF ARTICLE SIX  OF  THE
   16  PUBLIC OFFICERS LAW.
   17    7. IF A GRANTING BODY FAILS TO COMPLY WITH PARAGRAPH ONE, TWO OR THREE
   18  OF  THIS  SECTION,  OR  IF  A RECIPIENT CORPORATION FAILS TO COMPLY WITH
   19  SUBPARAGRAPH (K) OF PARAGRAPH THREE  OF  THIS  SECTION,  THE  DEPARTMENT
   20  SHALL, WITHIN TEN BUSINESS DAYS OF THE FILING DEADLINE PURSUANT TO PARA-
   21  GRAPH ONE OF THIS SECTION, SUSPEND ANY DEVELOPMENT ASSISTANCE ACTIVITIES
   22  UNDER  ITS  CONTROL  IN  THE  GRANTING BODY'S JURISDICTION, AND SHALL BE
   23  PROHIBITED FROM PROCEEDING WITH ANY  DEVELOPMENT  ASSISTANCE  ACTIVITIES
   24  UNDER  ITS CONTROL IN THE GRANTING BODY'S JURISDICTION, UNLESS AND UNTIL
   25  IT RECEIVES PROOF THAT THE NEGLIGENT GRANTING BODY OR  RECIPIENT  CORPO-
   26  RATION HAS COMPLIED WITH SUCH PROVISIONS.
   27  S 1818. JOB CREATION AND JOB QUALITY STANDARDS.
   28    1.  IN CONSIDERING DEVELOPMENT ASSISTANCE APPLICATIONS, EVERY GRANTING
   29  BODY SHALL PERFORM THE FOLLOWING TWO ANALYSES CONCERNING  THE  PROJECTED
   30  WAGES AND BENEFITS:
   31    (A)  COMPARE THE AGGREGATE PROJECTED WAGE, AS SPECIFIED UNDER SUBPARA-
   32  GRAPH (N) OF PARAGRAPH ONE OF SECTION  1816  (STANDARDIZED  APPLICATIONS
   33  FOR  DEVELOPMENT  ASSISTANCE),  WITH  EXISTING  WAGES,  AS SPECIFIED AND
   34  DEFINED UNDER SUBPARAGRAPHS (O) AND (P) OF SUCH PARAGRAPH. TO DERIVE THE
   35  AGGREGATE PROJECTED WAGE, THE GRANTING BODY SHALL COMPUTE  THE  WEIGHTED
   36  HOURLY   AVERAGE  WAGE  FOR  ALL  NEW  EMPLOYEES,  INCLUDING  FULL-TIME,
   37  PART-TIME AND TEMPORARY EMPLOYEES. IF THE AGGREGATE  PROJECTED  WAGE  IS
   38  LESS  THAN  EIGHTY-FIVE PERCENT OF EXISTING WAGES, THE APPLICATION SHALL
   39  BE DENIED.  FOR SMALL BUSINESSES, IF THE  AGGREGATE  PROJECTED  WAGE  IS
   40  LESS  THAN SEVENTY-FIVE PERCENT OF EXISTING WAGES, THE APPLICATION SHALL
   41  BE DENIED;
   42    (B) PERFORM A SECOND WAGE COMPUTATION TO CONSIDER THE VALUE OF HEALTH-
   43  CARE COVERAGE PROVIDED TO FULL-TIME EMPLOYEES, AS SPECIFIED IN  SUBPARA-
   44  GRAPH  (Q)  OF  PARAGRAPH ONE OF SECTION 1816 (STANDARDIZED APPLICATIONS
   45  FOR DEVELOPMENT ASSISTANCE).    IF  THE  APPLICANT  CORPORATION  IS  NOT
   46  PROVIDING HEALTH CARE COVERAGE TO FULL-TIME EMPLOYEES, THE GRANTING BODY
   47  SHALL  SUBTRACT  ONE  DOLLAR  AND FIFTY CENTS AN HOUR FROM THE AGGREGATE
   48  PROJECTED WAGE.  IF THE RECIPIENT CORPORATION PROJECTS SOME HEALTH  CARE
   49  COSTS  TO  BE  BORNE  BY  THE NEW FULL-TIME EMPLOYEES, THE GRANTING BODY
   50  SHALL, BASED ON DATA FROM THE APPLICANT CORPORATION, ESTIMATE THE HOURLY
   51  COST TO THE NEW FULL-TIME EMPLOYEE  OF  SUCH  COSTS  AND  SUBTRACT  THAT
   52  AMOUNT  FROM THE AGGREGATE PROJECTED WAGE.  IF THE AMOUNT RESULTING FROM
   53  SUCH SUBTRACTION IS LESS THAN EIGHTY PERCENT OF EXISTING WAGES AS SPECI-
   54  FIED AND DEFINED UNDER SUBPARAGRAPHS (O) AND (P)  OF  PARAGRAPH  ONE  OF
   55  SECTION 1816 (STANDARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE), THE
   56  APPLICATION SHALL BE DENIED. FOR SMALL BUSINESSES, IF THE AMOUNT RESULT-
       A. 6253                            11

    1  ING  FROM  SUCH  SUBTRACTION  IS  LESS  THAN SEVENTY PERCENT OF EXISTING
    2  WAGES, THE APPLICATION SHALL BE DENIED.
    3    2.  GRANTING  BODIES  SHALL  PERFORM  A THIRD ELIGIBILITY ANALYSIS. IN
    4  CONSIDERING DEVELOPMENT ASSISTANCE  APPLICATIONS,  ALL  GRANTING  BODIES
    5  SHALL  DIVIDE  THE  VALUE OF ASSISTANCE SPECIFIED IN SUBPARAGRAPH (K) OF
    6  PARAGRAPH ONE OF SECTION 1816 (STANDARDIZED APPLICATIONS FOR DEVELOPMENT
    7  ASSISTANCE), BY THE NUMBER OF PROJECTED FULL-TIME JOBS, AS  PROVIDED  IN
    8  SUBPARAGRAPH (L) OF PARAGRAPH ONE OF SECTION 1816 (STANDARDIZED APPLICA-
    9  TIONS  FOR  DEVELOPMENT ASSISTANCE).  IF THE RESULTING SUM EXCEEDS THIR-
   10  TY-FIVE THOUSAND DOLLARS, THE APPLICATION SHALL BE DENIED.
   11    3. THE PROVISIONS OF PARAGRAPH ONE OF THIS SECTION MAY BE WAIVED IN  A
   12  BONA  FIDE  COLLECTIVE BARGAINING AGREEMENT THAT COVERS EMPLOYEES AT THE
   13  SPECIFIC PROJECT SITE OF THE APPLICANT CORPORATION,  BUT  ONLY  IF  SUCH
   14  WAIVER  IS  EXPLICITLY SET FORTH IN SUCH COLLECTIVE BARGAINING AGREEMENT
   15  IN CLEAR AND UNAMBIGUOUS TERMS. UNILATERAL IMPLEMENTATION OF  TERMS  AND
   16  CONDITIONS  OF  EMPLOYMENT  BY  EITHER  PARTY TO A COLLECTIVE BARGAINING
   17  AGREEMENT SHALL NOT CONSTITUTE NOR BE PERMITTED AS  A  WAIVER  OF  PARA-
   18  GRAPHS ONE AND TWO OF THIS SECTION.
   19  S 1819. RECAPTURE.
   20    1.  RECIPIENT  CORPORATIONS SHALL ACHIEVE THEIR JOB CREATION, AND WAGE
   21  AND BENEFIT GOALS WITHIN TWO YEARS  OF  THE  DATE  OF  ASSISTANCE.  SUCH
   22  CORPORATIONS SHALL ALSO MAINTAIN THEIR WAGE AND BENEFIT GOALS AS LONG AS
   23  THE  BENEFIT  IS  IN EFFECT. CORPORATE PARENTS OF RECIPIENT CORPORATIONS
   24  MAINTAIN AT LEAST NINETY PERCENT OF THEIR ORIGINAL STATE EMPLOYMENT,  AS
   25  SPECIFIED  IN  SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SECTION 1816 (STAND-
   26  ARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE) AND SUBPARAGRAPH (G) OF
   27  PARAGRAPH THREE OF SECTION 1817 (DISCLOSURE OF DEVELOPMENT ASSISTANCE).
   28    2. GRANTING BODIES SHALL, WITHIN TEN BUSINESS DAYS  AFTER  THE  SECOND
   29  ANNIVERSARY  OF THE DATE OF ASSISTANCE, FILL OUT A STANDARDIZED PROGRESS
   30  REPORT AND THE RECIPIENT CORPORATION SHALL SIGN IT AND CERTIFY ITS ACCU-
   31  RACY UNDER THE PENALTY OF  PERJURY.  THIS  SECOND  ANNIVERSARY  PROGRESS
   32  REPORT  SHALL  BE  FILED  BY THE GRANTING BODY WITH THE DEPARTMENT ALONG
   33  WITH THE  GRANTING  BODY'S  NEXT  ANNUAL  FILING  OF  PROGRESS  REPORTS.
   34  PROGRESS  REPORTS  SHALL BE PUBLISHED ON THE DEPARTMENT'S INTERNET HOME-
   35  PAGE.
   36    3. THE  GRANTING  BODY  SHALL  INDICATE  ON  THIS  SECOND  ANNIVERSARY
   37  PROGRESS  REPORT  WHETHER THE RECIPIENT CORPORATION HAS ACHIEVED ITS JOB
   38  CREATION AND WAGE AND BENEFIT GOALS, AND WHETHER  THE  CORPORATE  PARENT
   39  HAS MAINTAINED NINETY PERCENT OF ITS STATE EMPLOYMENT.
   40    4.  ON ALL SUBSEQUENT ANNUAL PROGRESS REPORTS, THE GRANTING BODY SHALL
   41  INDICATE WHETHER OR NOT THE RECIPIENT CORPORATION IS STILL IN COMPLIANCE
   42  WITH ITS JOB CREATION, AND WAGE  AND  BENEFIT  GOALS,  AND  WHETHER  THE
   43  CORPORATE  PARENT IS STILL IN COMPLIANCE WITH ITS STATE EMPLOYMENT MAIN-
   44  TENANCE REQUIREMENT.
   45    5. IF UPON THE OCCASION ANY PROGRESS REPORT, BEGINNING WITH THE SECOND
   46  ANNIVERSARY PROGRESS REPORT, A GRANTING  BODY  FINDS  THAT  A  RECIPIENT
   47  CORPORATION HAS NOT ACHIEVED ITS JOB CREATION, OR WAGE OR BENEFIT GOALS,
   48  OR  THE  CORPORATE PARENT HAS NOT MAINTAINED NINETY PERCENT OF ITS STATE
   49  EMPLOYMENT, THE GRANTING BODY SHALL, WITHIN TEN BUSINESS  DAYS,  FILE  A
   50  FINDING  OF  DEVELOPMENT ASSISTANCE DEFAULT WITH THE DEPARTMENT AND WITH
   51  THE RECIPIENT CORPORATION.
   52    6. IF A RECIPIENT  CORPORATION  DEFAULTS  ON  DEVELOPMENT  ASSISTANCE,
   53  PURSUANT  TO  PARAGRAPH  FIVE  OF THIS SECTION, IT SHALL PAY BACK TO THE
   54  GRANTING BODY THAT FRACTION OF THE DEVELOPMENT ASSISTANCE  THAT  ACCRUED
   55  TO ITS BENEFIT FOR THE CALENDAR YEAR IN WHICH THE DEFAULT OCCURRED, PLUS
   56  INTEREST AT A RATE DETERMINED BY THE GRANTING AGENCY. FOR ONE-TIME FORMS
       A. 6253                            12

    1  OF  DEVELOPMENT  ASSISTANCE  SUCH  AS  GRANTS OR LAND PRICE DISCOUNTS, A
    2  DEFAULTING RECIPIENT CORPORATION SHALL PAY BACK  TO  THE  GRANTING  BODY
    3  ONE-FIFTH  OF  THE  VALUE  OF ASSISTANCE. REMITTANCE OF THE PAYBACK BY A
    4  RECIPIENT  CORPORATION  TO A GRANTING BODY SHALL TAKE PLACE WITHIN SIXTY
    5  CALENDAR DAYS OF THE DELIVERY OF THE DEFAULT  NOTICE  TO  THE  RECIPIENT
    6  CORPORATION.
    7    7.  IF  A  RECIPIENT  CORPORATION  DEFAULTS ON DEVELOPMENT ASSISTANCE,
    8  PURSUANT TO PARAGRAPH FIVE OF THIS SECTION, IN THREE CONSECUTIVE  CALEN-
    9  DAR  YEARS,  THE  GRANTING BODY SHALL DECLARE THE DEVELOPMENT ASSISTANCE
   10  NULL AND VOID, AND SHALL SO NOTIFY  THE  DEPARTMENT  AND  THE  RECIPIENT
   11  CORPORATION.  UPON SUCH DECLARATION, THE RECIPIENT CORPORATION SHALL PAY
   12  BACK TO THE GRANTING BODY ALL REMAINING VALUE OF THE DEVELOPMENT ASSIST-
   13  ANCE IT HAS NOT ALREADY PAID BACK.  REMITTANCE  OF  THE  NULL  AND  VOID
   14  PAYBACK  BY  A RECIPIENT CORPORATION TO A GRANTING BODY SHALL TAKE PLACE
   15  WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS OF THE DELIVERY OF  SUCH  NOTICE
   16  TO  THE  RECIPIENT  CORPORATION.   A RECIPIENT CORPORATION THAT FAILS TO
   17  MEET THE TERMS OF A DEVELOPMENT ASSISTANCE AGREEMENT SHALL  NOT  RECEIVE
   18  DEVELOPMENT ASSISTANCE FROM ANY GRANTING BODY FOR A PERIOD OF FIVE YEARS
   19  FROM  THE  DATE  OF FAILURE OR UNTIL THE RECIPIENT CORPORATION SATISFIES
   20  ITS REPAYMENT OBLIGATION PURSUANT TO THIS  PARAGRAPH,  WHICHEVER  OCCURS
   21  FIRST.
   22    8.  A  GRANTING  BODY  SHALL REQUIRE AS A CONDITION OF ANY DEVELOPMENT
   23  ASSISTANCE TO A RECIPIENT CORPORATION THAT:
   24    (A) SUCH RECIPIENT CORPORATION SHALL NOT RELOCATE  OUTSIDE  THE  STATE
   25  DURING  THE  TERM  OF SUCH DEVELOPMENT ASSISTANCE OR FOR A PERIOD OF TEN
   26  YEARS AFTER THE AWARD OF SUCH ASSISTANCE, WHICHEVER IS LATER, UNLESS THE
   27  FULL AMOUNT OF SUCH ASSISTANCE IS REPAID TO  THE  GRANTING  BODY  AND  A
   28  PENALTY  EQUAL  TO FIVE PERCENT OF THE TOTAL ASSISTANCE RECEIVED IS PAID
   29  TO THE GRANTING BODY; AND
   30    (B) IF THE RECIPIENT CORPORATION RELOCATES WITHIN THE STATE DURING THE
   31  TERM OF SUCH DEVELOPMENT ASSISTANCE IN THE CASE OF A LOAN OR LOAN  GUAR-
   32  ANTEE  OR WITHIN TWO YEARS OF RECEIVING AN AWARD, GRANT OR OTHER ASSIST-
   33  ANCE, SUCH CORPORATION SHALL OFFER EMPLOYMENT AT THE NEW LOCATION TO ITS
   34  EMPLOYEES FROM THE ORIGINAL LOCATION IF SUCH EMPLOYMENT IS AVAILABLE.
   35    9. UPON A FINDING THAT A RECIPIENT CORPORATION HAS  RELOCATED  OUTSIDE
   36  OF  THE STATE WITHIN TWO YEARS OF RECEIVING DEVELOPMENT ASSISTANCE, SUCH
   37  CORPORATION SHALL BE DEEMED INELIGIBLE TO RECEIVE ANY ADDITIONAL  DEVEL-
   38  OPMENT ASSISTANCE.
   39    10.  A  WAIVER  OF  THE  PROVISIONS OF PARAGRAPH EIGHT OR NINE OF THIS
   40  SECTION MAY BE GRANTED TO A RECIPIENT CORPORATION UPON  A  DETERMINATION
   41  OF  LEGITIMATE  HARDSHIP.   A LEGITIMATE HARDSHIP PURSUANT TO THIS PARA-
   42  GRAPH SHALL BE A CIRCUMSTANCE UNDER WHICH  A  RECIPIENT  CORPORATION  IS
   43  COMPELLED  TO RELOCATE DUE TO UNFORESEEN CIRCUMSTANCES BEYOND THE DIRECT
   44  OR INDIRECT CONTROL OF SUCH RECIPIENT CORPORATION.
   45    11. EVERY ASPECT OF ALL DEVELOPMENT ASSISTANCE DEFAULT NOTICES, RECAP-
   46  TURE REMITTANCES,  ASSOCIATED  CORRESPONDENCE  AND  RELATED  PROCEEDINGS
   47  SHALL  BE  FULLY  SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC
   48  OFFICERS LAW.
   49    12. IF A GRANTING BODY FAILS TO ENFORCE THE PROVISIONS OF  THIS  ARTI-
   50  CLE,  ANY TAXPAYER WHO PAID TAXES IN THE CALENDAR YEAR PRIOR TO THE YEAR
   51  IN DISPUTE, OR ANY ORGANIZATION REPRESENTING SUCH  TAXPAYERS,  SHALL  BE
   52  ENTITLED  TO BRING A CAUSE OF ACTION TO COMPEL ENFORCEMENT OF THIS ARTI-
   53  CLE.   THE COURT SHALL AWARD  TO  ANY  PREVAILING  PLAINTIFF  REASONABLE
   54  ATTORNEY'S FEES AND ACTUAL INCURRED COSTS IN PURSUING SUCH ACTION.
   55    S  4.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
   56  section, or any other part of this act, or the  application  thereof  to
       A. 6253                            13

    1  any  person  or circumstances, is held to be invalid, such holding shall
    2  not affect, impair, or invalidate the remainder  of  this  act,  of  the
    3  application  of  such  section or part of a section held invalid, to any
    4  other person or circumstances, but shall be confined in its operation to
    5  the item, clause, sentence, subparagraph, subdivision, section, or other
    6  part of this act directly involved in such holding, or to the person and
    7  circumstances therein involved.
    8    S  5. This act shall take effect on the first of January next succeed-
    9  ing the date on which it shall have become a law.
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