STATE OF NEW YORK
________________________________________________________________________
5464--A
Cal. No. 9
2009-2010 Regular Sessions
IN SENATE
May 8, 2009
___________
Introduced by Sens. ONORATO, BRESLIN, ADDABBO, DIAZ, DILAN, FOLEY,
HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS,
SAMPSON, SAVINO, STAVISKY, STEWART-COUSINS -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
-- recommitted to the Committee on Finance in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
AN ACT to amend the state finance law, in relation to requiring certain
information to be provided to the legislature prior to appropriating
money to state entities for certain projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 136 of the state finance law, as amended by chapter
2 413 of the laws of 1989, is amended to read as follows:
3 § 136. Contracts in pursuance of appropriations. 1. A contract or
4 contracts made in pursuance of an appropriation by the state for a
5 specific object shall be for the completion of the work contemplated by
6 the appropriation, and in the aggregate shall not exceed the amount of
7 such appropriation. A contract for a part of such work shall not be
8 binding upon the state until contracts are also made covering the entire
9 work contemplated by such appropriation, except that, (a) upon certif-
10 ication by the agency having jurisdiction to the state comptroller that
11 sufficient appropriations remain for completion of the entire work
12 contemplated, preliminary work such as site preparation and infrastruc-
13 ture work may be commenced for a project where the timeliness thereof is
14 of the essence and the director of the budget certifies to such need and
15 to the availability of appropriations, and except (b) where it is
16 expressly provided by such appropriation that a part of the work may be
17 done by day's labor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11274-07-0
S. 5464--A 2
1 2. Prior to an appropriation by the state for any financial assistance
2 by a state agency, public authority or corporation, or any other state
3 entity for an economic development project, such entity shall provide
4 the legislature with information regarding the plan by the recipient of
5 such financial assistance to hire local construction workers for the
6 project. Such information shall state whether the recipient has met
7 with any local labor organization and entered into any written agreement
8 concerning a plan to hire local construction workers for the project,
9 the types of construction skills needed for such project, efforts by the
10 state entity or recipient to identify skilled construction workers need-
11 ed for the project through the department of labor and whether prevail-
12 ing wages will be paid for all of the construction work. The department
13 of labor shall assist the state entity and the recipient in determining
14 the availability of skilled workers needed for the construction work.
15 Except as provided in section thirty-eight of the highway law, every
16 such contract shall be accompanied by a bond for the completion of the
17 work, specified in the contract, within the amount stipulated therein,
18 which bond shall be filed in the office of the state comptroller.
19 3. For the purpose of this section:
20 (a) "financial assistance" shall mean the proceeds in excess of three
21 million dollars of bonds, grants, loans, tax abatements, tax exemptions,
22 tax credits, tax increment financing or real property; and
23 (b) "economic development project" shall mean any project related to a
24 public use, benefit or purpose, or any purpose related primarily to
25 economic development, for which any state entity is authorized to
26 provide grants, tax credits, or financial assistance.
27 § 2. This act shall take effect immediately.
