S T A T E O F N E W Y O R K
________________________________________________________________________
1867
2011-2012 Regular Sessions
I N S E N A T E
January 13, 2011
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, 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:
1 Section 1. The public authorities law is amended by adding a new arti-
2 cle 1-B to read as follows:
3 ARTICLE 1-B
4 PUBLIC AUTHORITIES INSPECTOR GENERAL
5 SECTION 55. PUBLIC AUTHORITIES INSPECTOR GENERAL; APPOINTMENT; TERM OF
6 OFFICE.
7 56. OFFICE OF THE PUBLIC AUTHORITIES INSPECTOR GENERAL.
8 57. AUTHORITY OF THE INSPECTOR GENERAL.
9 S 55. PUBLIC AUTHORITIES INSPECTOR GENERAL; APPOINTMENT; TERM OF
10 OFFICE. 1. AS USED IN THIS ARTICLE:
11 A. THE TERM "ATTORNEY GENERAL" SHALL MEAN THE NEW YORK STATE ATTORNEY
12 GENERAL;
13 B. THE TERM "INSPECTOR GENERAL" SHALL MEAN THE PUBLIC AUTHORITIES
14 INSPECTOR GENERAL CREATED BY SUBDIVISION TWO OF THIS SECTION; AND
15 C. THE TERM "PUBLIC AUTHORITY" SHALL INCLUDE ANY AUTHORITY OR OTHER
16 PUBLIC BENEFIT CORPORATION CREATED IN THIS CHAPTER OR ANY OTHER LAW,
17 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.
LBD05820-01-1
S. 1867 2
1 2. THERE SHALL BE A PUBLIC AUTHORITIES INSPECTOR GENERAL WHO SHALL
2 HAVE AND EXERCISE THE POWERS, DUTIES AND PREROGATIVES PROVIDED BY THIS
3 CHAPTER AND ANY OTHER PROVISIONS OF LAW. THE INSPECTOR GENERAL SHALL BE
4 APPOINTED BY THE ATTORNEY GENERAL.
5 3. THE TERM OF THE FIRST INSPECTOR GENERAL APPOINTED UNDER THIS ARTI-
6 CLE SHALL BEGIN ON THE DATE OF APPOINTMENT, AND SHALL END ON THE MARCH
7 THIRTY-FIRST OF THE FIFTH CALENDAR YEAR BEGINNING AFTER THE EFFECTIVE
8 DATE OF THIS ARTICLE. ALL SUBSEQUENT INSPECTORS GENERAL SHALL BE
9 APPOINTED FOR A FIVE YEAR TERM. IN THE EVENT THAT A VACANCY SHALL OCCUR
10 FOR ANY REASON DURING ANY FIVE YEAR TERM, THE VACANCY SHALL BE FILLED
11 FOR THE REMAINDER OF THE UNCOMPLETED TERM, PROVIDED, HOWEVER, THAT IF
12 THE UNCOMPLETED TERM IS LESS THAN TWO YEARS, THE ATTORNEY GENERAL MAY
13 APPOINT THE NEW INSPECTOR GENERAL TO A FULL FIVE YEAR TERM.
14 4. THE OFFICE OF THE INSPECTOR GENERAL SHALL BE AN INDEPENDENT OFFICE
15 AND SHALL NOT BE A UNIT OF THE ATTORNEY GENERAL'S OFFICE. THE SALARY OF
16 THE INSPECTOR GENERAL SHALL BE AS PROVIDED BY LAW, AND THE ANNUAL BUDGET
17 FOR THE OFFICE SHALL BE DETERMINED AND FUNDED IN THE MANNER PROVIDED BY
18 SECTION FIFTY-SIX OF THIS ARTICLE. THE OFFICE OF GENERAL SERVICES SHALL
19 ARRANGE FOR SUITABLE OFFICE SPACE, EQUIPMENT AND RESOURCES. EACH PUBLIC
20 AUTHORITY SUBJECT TO THE OFFICE OF THE INSPECTOR GENERAL SHALL PROVIDE
21 SUITABLE OFFICE SPACE, EQUIPMENT AND RESOURCES FOR EMPLOYEES OF THE
22 INSPECTOR GENERAL ASSIGNED TO SUCH PUBLIC AUTHORITY ON A FULL-TIME OR
23 PART-TIME BASIS.
24 5. THE INSPECTOR GENERAL MAY NOT BE REMOVED EXCEPT BY A JOINT RESOL-
25 UTION OF THE LEGISLATURE, AFTER NOTICE AND OPPORTUNITY FOR HEARING, ONLY
26 FOR:
27 A. PERMANENT DISABILITY;
28 B. INEFFICIENCY;
29 C. NEGLECT OF DUTY;
30 D. MALFEASANCE; OR
31 E. A FELONY OR CONDUCT INVOLVING MORAL TURPITUDE.
32 S 56. OFFICE OF THE PUBLIC AUTHORITIES INSPECTOR GENERAL. 1. THE
33 INSPECTOR GENERAL SHALL BE AUTHORIZED TO APPOINT AND AT PLEASURE REMOVE
34 DEPUTY INSPECTORS GENERAL, ASSISTANT DEPUTY INSPECTORS GENERAL, AND SUCH
35 OTHER STAFF, INCLUDING INVESTIGATORS, ACCOUNTANTS, ADMINISTRATIVE
36 ASSISTANTS AND SUCH OTHER SUPPORT STAFF AND CONSULTANTS AS HE OR SHE
37 SHALL DEEM NECESSARY AND APPROPRIATE TO ACCOMPLISH THE RESPONSIBILITIES
38 AND DUTIES CONTAINED IN THIS ARTICLE OR ELSEWHERE IN LAW, AND FIX AND
39 DETERMINE THE QUALIFICATIONS, DUTIES AND COMPENSATION OF SUCH ADDITIONAL
40 OFFICERS AND STAFF, SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW
41 AND SUCH RULES AS THE CIVIL SERVICE COMMISSION MAY ADOPT AND MAKE APPLI-
42 CABLE TO THE OFFICE OF THE INSPECTOR GENERAL. THE INSPECTOR GENERAL MAY
43 ALSO FROM TIME TO TIME CONTRACT FOR SUCH EXPERT PROFESSIONAL SERVICES AS
44 MAY BE DEEMED NECESSARY AND CONVENIENT.
45 2. NOT MORE THAN NINETY DAYS FROM THE BEGINNING OF HIS OR HER TERM,
46 THE FIRST INSPECTOR GENERAL SHALL PROPOSE AND DELIVER TO THE GOVERNOR,
47 THE ATTORNEY GENERAL, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE
48 SENATE, AND THE SPEAKER OF THE ASSEMBLY A PLAN OF ORGANIZATION OF THE
49 OFFICE OF THE INSPECTOR GENERAL SO AS TO PROVIDE THE SERVICES NORMALLY
50 PROVIDED BY AN INSPECTOR GENERAL IN AN ADEQUATE AND COST EFFECTIVE
51 MANNER. THEREAFTER, THE INSPECTOR GENERAL MAY FROM TIME TO TIME PROPOSE
52 AN AMENDED OR MODIFIED PLAN OF ORGANIZATION. SUCH PLAN SHALL EVALUATE
53 THE PROJECTED NEEDS OF EACH PUBLIC AUTHORITY FOR THE SERVICES OF THE
54 INSPECTOR GENERAL WHICH SHALL BE BASED ON RELEVANT CONSIDERATIONS,
55 INCLUDING WITHOUT LIMITATION, THE SIZE OF THE AUTHORITY AND THE COMPLEX-
56 ITY OF ITS BUSINESS; WHETHER THE BUSINESS OF THE AUTHORITY IS SUCH THAT
S. 1867 3
1 WOULD PROVIDE THE OPPORTUNITY FOR WRONGDOING AND WHETHER THERE IS ANY
2 HISTORY OF WRONGDOING IN THE AUTHORITY; AND WHETHER THERE ARE OTHER
3 AUTHORITIES IN THE SAME OR SIMILAR BUSINESS SUCH THAT IT WOULD PROMOTE
4 EFFICIENCY FOR THEM TO SHARE INSPECTOR GENERAL STAFF. SUCH PROPOSED
5 PLAN OF ORGANIZATION SHALL SET FORTH THE FOLLOWING ITEMS:
6 A. THE NAMES OF THE PUBLIC AUTHORITIES THAT REQUIRE A FULL-TIME DEPUTY
7 INSPECTOR GENERAL WITH OR WITHOUT ONE OR MORE ASSISTANT DEPUTY INSPEC-
8 TORS GENERAL;
9 B. A DESCRIPTION OF GROUPS OF PUBLIC AUTHORITIES, BY NAMES, BY CHARAC-
10 TERISTICS, OR BY PURPOSE THAT COULD BE COVERED BY ONE DEPUTY INSPECTOR
11 GENERAL WITH OR WITHOUT ONE OR MORE ASSISTANT DEPUTY INSPECTORS GENERAL;
12 C. A PLAN TO PROVIDE INSPECTOR GENERAL SERVICES TO THE PUBLIC AUTHORI-
13 TIES NOT COVERED BY PARAGRAPHS A AND B OF THIS SUBDIVISION; AND
14 D. SUCH OTHER MATTER AS MAY BE DEEMED APPROPRIATE.
15 3. THE PLAN OF ORGANIZATION OF THE INSPECTOR GENERAL SHALL BE EFFEC-
16 TIVE UNTIL MODIFIED, AMENDED OR REPLACED BY LAW.
17 4. NOTWITHSTANDING ANY PLAN OF ORGANIZATION, THE INSPECTOR GENERAL MAY
18 BE REQUIRED BY LAW TO PROVIDE INSPECTOR GENERAL SERVICES TO ANY PUBLIC
19 AUTHORITY OR GROUP OF PUBLIC AUTHORITIES IN A SPECIFIC MANNER SPECIFIED
20 IN SUCH LAW.
21 5. ALL COSTS AND EXPENSES OF THE OFFICE OF THE INSPECTOR GENERAL SHALL
22 BE PAID PURSUANT TO APPROPRIATION IN THE FIRST INSTANCE FROM THE STATE
23 TREASURY ON THE CERTIFICATION OF THE INSPECTOR GENERAL AND UPON THE
24 AUDIT AND WARRANT OF THE COMPTROLLER. THE STATE TREASURY SHALL BE REIM-
25 BURSED THEREFOR BY PAYMENTS TO BE MADE THERETO FROM ALL MONEYS COLLECTED
26 PURSUANT TO THIS SECTION. THE TOTAL OF SUCH COSTS AND EXPENSES SHALL BE
27 BORNE BY THE PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS SUBJECT
28 TO THE INSPECTOR GENERAL, TO BE ASSESSED IN THE MANNER PROVIDED IN
29 SUBDIVISIONS SIX, SEVEN AND EIGHT OF THIS SECTION.
30 6. THE INSPECTOR GENERAL SHALL ESTIMATE AND DELIVER TO THE ATTORNEY
31 GENERAL, THE COMPTROLLER, THE DIRECTOR OF THE BUDGET, THE TEMPORARY
32 PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY PRIOR TO DECEM-
33 BER FIRST OF EACH YEAR THE TOTAL COSTS AND EXPENSES FOR THE SUBSEQUENT
34 STATE FISCAL YEAR, INCLUDING THE COMPENSATION AND EXPENSES OF THE
35 INSPECTOR GENERAL AND HIS OR HER STAFF, THEIR AGENTS AND EMPLOYEES, AND
36 INCLUDING THE COST OF RETIREMENT CONTRIBUTIONS, SOCIAL SECURITY, HEALTH
37 AND DENTAL INSURANCE, SURVIVOR'S BENEFITS, WORKERS' COMPENSATION, UNEM-
38 PLOYMENT INSURANCE AND OTHER FRINGE BENEFITS REQUIRED TO BE PAID BY THE
39 STATE FOR THE PERSONNEL OF THE OFFICE OF THE INSPECTOR GENERAL, AND
40 INCLUDING ALL OTHER ITEMS OF MAINTENANCE AND OPERATION EXPENSES, AND ALL
41 OTHER DIRECT AND INDIRECT COSTS. BASED ON SUCH ESTIMATE, THE INSPECTOR
42 GENERAL SHALL DETERMINE THE AMOUNT TO BE PAID BY EACH PUBLIC AUTHORITY
43 AND PUBLIC BENEFIT CORPORATION IN ACCORDANCE WITH SUBDIVISION SEVEN OF
44 THIS SECTION. UNLESS AMENDED BY LAW, THE ESTIMATE AND ALLOCATION SHALL
45 BECOME FINAL. THE INSPECTOR GENERAL SHALL RENDER BILLS IN ACCORDANCE
46 WITH THE ORIGINAL ESTIMATE AND ALLOCATION TO EACH SUCH PUBLIC AUTHORITY
47 AND PUBLIC BENEFIT CORPORATION, NOT LATER THAN FEBRUARY FIRST PRIOR TO
48 THE BEGINNING OF THE APPLICABLE FISCAL YEAR; AN AMENDED BILL IN ACCORD-
49 ANCE WITH ANY AMENDING CHAPTER OF LAW SHALL BE SENT OUT AS SOON AS PRAC-
50 TICABLE AFTER THE ENACTMENT OF SUCH LAW.
51 7. THE ESTIMATE OF TOTAL COSTS AND EXPENSES SHALL BE ALLOCATED AMONG
52 THE PUBLIC AUTHORITIES ON AN EQUITABLE BASIS CONSISTENT WITH THE FOLLOW-
53 ING PRINCIPLES:
54 A. EACH PUBLIC AUTHORITY SHALL BE ASSESSED FOR THE ESTIMATED COSTS AND
55 EXPENSES RELATING TO ANY DEPUTY INSPECTOR GENERAL, ALL OTHER PERSONNEL,
56 AND ANY OTHER EXPENDITURES DEDICATED TO SUCH PUBLIC AUTHORITY;
S. 1867 4
1 B. EACH PUBLIC AUTHORITY THAT IS A MEMBER OF A GROUP OF PUBLIC AUTHOR-
2 ITIES WHICH SHARES RESOURCES SHALL BE ASSESSED FOR A PROPORTIONAL SHARE
3 OF THE ESTIMATED COSTS AND EXPENSES RELATING TO ANY DEPUTY INSPECTOR
4 GENERAL, ALL OTHER PERSONNEL, AND ANY OTHER EXPENDITURES DEDICATED TO
5 SUCH GROUP; AND
6 C. EACH PUBLIC AUTHORITY SHALL BE ASSESSED FOR A PROPORTIONAL SHARE OF
7 THE ESTIMATED COSTS AND EXPENSES RELATING TO THE INSPECTOR GENERAL, ANY
8 DEPUTY INSPECTOR GENERALS, AND ALL OTHER PERSONNEL, AND ANY OTHER
9 EXPENDITURES WHICH ARE NOT DEDICATED TO ANY PUBLIC AUTHORITY OR GROUP OF
10 PUBLIC AUTHORITIES.
11 8. THE PUBLIC AUTHORITIES SHALL PAY THE INSPECTOR GENERAL'S ASSESSMENT
12 TO THE STATE TREASURY IN QUARTERLY INSTALLMENTS DUE ON OR BEFORE APRIL
13 FIRST (WHICH PAYMENT MAY BE PROVISIONAL IF A FINAL AMENDED BILL HAS NOT
14 BEEN SENT), JULY FIRST, OCTOBER FIRST, AND JANUARY FIRST OF EACH STATE
15 FISCAL YEAR.
16 S 57. AUTHORITY OF THE INSPECTOR GENERAL. 1. IN ADDITION TO ANY OTHER
17 DUTIES AND RESPONSIBILITIES AS MAY BE PROVIDED BY LAW, THE INSPECTOR
18 GENERAL SHALL HAVE THE DUTY AND RESPONSIBILITY TO:
19 A. INITIATE, CONDUCT, AND SUPERVISE SUCH INQUIRIES AND INVESTIGATIONS
20 RELATING TO ANY ALLEGED OR POSSIBLE WRONG, WHETHER CIVIL, CRIMINAL,
21 ADMINISTRATIVE, OR ETHICAL IN NATURE, IN ANY PUBLIC AUTHORITY AS HE OR
22 SHE CONSIDERS APPROPRIATE BASED ON INFORMATION RECEIVED FROM ANY OFFICER
23 OR EMPLOYEE OF THE AUTHORITY OR FROM ANY OTHER INFORMANT, OR UPON HIS OR
24 HER OWN INITIATIVE, PROVIDED, HOWEVER, THAT THE INSPECTOR GENERAL SHALL
25 PROMPTLY TURN OVER TO THE PROPER PROSECUTORIAL AUTHORITIES ANY SUBSTAN-
26 TIAL EVIDENCE THAT A CRIME HAS BEEN COMMITTED;
27 B. INVESTIGATE EVIDENCE OR ALLEGATIONS OF CORRUPTION, GRAFT, FRAUD,
28 CONFLICTS OF INTEREST, UNLAWFUL DISCRIMINATION OR OTHER ABUSE IN ANY
29 PUBLIC AUTHORITY;
30 C. INFORM THE GOVERNOR, THE COMPTROLLER, THE LEADERS OF THE SENATE AND
31 THE ASSEMBLY, THE BOARDS AND EXECUTIVE MANAGEMENT OF THE INVOLVED PUBLIC
32 AUTHORITY AND THE PUBLIC CONCERNING ALLEGATIONS, EVIDENCE AND THE
33 RESULTS OF INVESTIGATIONS; PROVIDED, HOWEVER, THAT SUCH REPORTING SHALL
34 BE DONE AT SUCH TIMES AND IN SUCH DETAIL AS THE CIRCUMSTANCES REQUIRE;
35 D. RECOMMEND APPROPRIATE ACTION WITH RESPECT TO EACH INVESTIGATION,
36 SUCH AS DISCIPLINARY ACTION, CIVIL LAWSUIT, CRIMINAL PROSECUTION, OR
37 REFERRAL TO AN APPROPRIATE FEDERAL, STATE, OR LOCAL AGENCY FOR FURTHER
38 INVESTIGATION OR ACTION AND TO COOPERATE IN ANY CONTINUING INVESTI-
39 GATION;
40 E. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF EACH SUCH
41 INVESTIGATION AND PERIODIC SUMMARY REPORTS OF INVESTIGATIVE ACTIVITY;
42 PROVIDED, HOWEVER, THAT SUCH REPORTS AND SUMMARY REPORTS MAY BE DELAYED,
43 REDACTED, OR WRITTEN USING FICTITIOUS NAMES SO AS TO PRESERVE THE PRIVA-
44 CY RIGHTS OF AFFECTED INDIVIDUALS;
45 F. REVIEW AND EXAMINE THE POLICIES AND PROCEDURES OF PUBLIC AUTHORI-
46 TIES WITH REGARD TO THE PREVENTION AND DETECTION OF CORRUPTION, GRAFT,
47 FRAUD, CONFLICTS OF INTEREST, UNLAWFUL DISCRIMINATION OR OTHER ABUSE;
48 G. RECOMMEND REMEDIAL ACTION TO PREVENT OR ELIMINATE CORRUPTION,
49 GRAFT, FRAUD, CONFLICTS OF INTEREST, UNLAWFUL DISCRIMINATION OR OTHER
50 ABUSE; AND
51 H. ESTABLISH OR MONITOR TRAINING PROGRAMS FOR OFFICERS AND EMPLOYEES
52 OF PUBLIC AUTHORITIES REGARDING THE PREVENTION OR ELIMINATION OF
53 CORRUPTION, GRAFT, FRAUD, CONFLICTS OF INTEREST, UNLAWFUL DISCRIMINATION
54 OR OTHER ABUSE.
55 2. IN ADDITION TO THE AUTHORITY OTHERWISE PROVIDED BY LAW, THE INSPEC-
56 TOR GENERAL, EACH DEPUTY INSPECTOR GENERAL AND EACH ASSISTANT DEPUTY
S. 1867 5
1 INSPECTOR GENERAL, IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE, IS
2 AUTHORIZED TO:
3 A. HAVE ACCESS TO ALL RECORDS, REPORTS, AUDITS, REVIEWS, DOCUMENTS,
4 PAPERS, RECOMMENDATIONS, OR OTHER MATERIAL ON ANY MATTER INVOLVING THE
5 OPERATIONS OR ADMINISTRATION OF ANY PUBLIC AUTHORITY SUBJECT TO INVESTI-
6 GATION BY THE INSPECTOR GENERAL;
7 B. REQUEST SUCH INFORMATION OR ASSISTANCE AS MAY BE NECESSARY FOR
8 CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF THE INSPECTOR GENERAL
9 FROM ANY FEDERAL, STATE, OR LOCAL GOVERNMENT OR ANY AGENCY OR UNIT THER-
10 EOF;
11 C. REQUIRE BY SUBPOENA THE PRODUCTION OF ALL INFORMATION, DOCUMENTS,
12 REPORTS, ANSWERS, RECORDS, ACCOUNTS, PAPERS, AND OTHER DATA AND DOCUMEN-
13 TARY EVIDENCE NECESSARY OR USEFUL IN THE PERFORMANCE OF THE DUTIES OR
14 RESPONSIBILITIES OF THE INSPECTOR GENERAL, WHICH SUBPOENA SHALL BE
15 ENFORCEABLE BY ORDER OF THE SUPREME COURT OF APPROPRIATE JURISDICTION
16 AND VENUE;
17 D. ADMINISTER TO OR TAKE FROM ANY PERSON AN OATH, AFFIRMATION, OR
18 AFFIDAVIT, WHENEVER NECESSARY IN THE PERFORMANCE OF THE DUTIES OR
19 RESPONSIBILITIES OF THE INSPECTOR GENERAL, WHICH OATH, AFFIRMATION, OR
20 AFFIDAVIT WHEN ADMINISTERED OR TAKEN BY OR BEFORE AN EMPLOYEE OF THE
21 OFFICE OF INSPECTOR GENERAL DESIGNATED BY THE INSPECTOR GENERAL SHALL
22 HAVE THE SAME FORCE AND EFFECT AS IF ADMINISTERED OR TAKEN BY OR BEFORE
23 A NOTARY PUBLIC;
24 E. HAVE DIRECT AND PROMPT ACCESS TO THE HEAD OF ANY PUBLIC AUTHORITY
25 WHEN NECESSARY OR USEFUL IN THE PERFORMANCE OF THE DUTIES OR RESPONSI-
26 BILITIES OF THE INSPECTOR GENERAL; AND
27 F. ENTER INTO CONTRACTS AND OTHER ARRANGEMENTS FOR AUDITS, STUDIES,
28 ANALYSES, AND OTHER SERVICES WITH PUBLIC AGENCIES OR WITH PRIVATE
29 PERSONS AS MAY BE DEEMED NECESSARY OR USEFUL IN THE PERFORMANCE OF THE
30 DUTIES OR RESPONSIBILITIES OF THE INSPECTOR GENERAL.
31 3. A. NO INFORMATION, DOCUMENTS, REPORTS, ANSWERS, RECORDS, ACCOUNTS,
32 PAPERS, AND OTHER DATA AND DOCUMENTARY EVIDENCE SHALL BE DENIED TO THE
33 INSPECTOR GENERAL OR ANY PERSON ACTING ON BEHALF OF THE INSPECTOR GENER-
34 AL: (I) BECAUSE OF ANY PRIVILEGE OR ALLEGED PRIVILEGE, INCLUDING BUT NOT
35 LIMITED TO THE ATTORNEY-CLIENT PRIVILEGE, EXECUTIVE PRIVILEGE, OR PUBLIC
36 INTEREST PRIVILEGE, WHICH BELONGS TO OR COULD BE WAIVED BY THE PUBLIC
37 AUTHORITY IN POSSESSION OF THE INFORMATION; OR (II) BECAUSE OF ANY
38 DEFENSE THAT THE PUBLIC AUTHORITY MAY HAVE AGAINST ANY REQUEST FOR ANY
39 SUCH EVIDENCE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
40 B. IF ANY PUBLIC AUTHORITY BELIEVES THAT ANY SUCH EVIDENCE IS PRIVI-
41 LEGED OR OTHERWISE PROTECTED AGAINST DISCLOSURE, SUCH PUBLIC AUTHORITY
42 SHALL NEVERTHELESS MAKE OR PERMIT ANY SUCH DISCLOSURE, AND THE PUBLIC
43 AUTHORITY MAY AT THE TIME OF SUCH DISCLOSURE MAKE A CLAIM OF CONFIDEN-
44 TIALITY FOR ANY SUCH EVIDENCE AND STATE WITH PARTICULARITY THE NATURE OF
45 SUCH CLAIM.
46 C. NOTWITHSTANDING ANY OTHER PROVISIONS OF STATUTE OR COMMON LAW, THE
47 DISCLOSURE OF ANY EVIDENCE TO THE INSPECTOR GENERAL UNDER A CLAIM OF
48 CONFIDENTIALITY SHALL NOT BE CONSTRUED TO BE A WAIVER OF ANY PRIVILEGE
49 OR ANY OTHER PROTECTION AGAINST DISCLOSURE. SUCH EVIDENCE SHALL BE
50 PROTECTED AGAINST SUBPOENA OR OTHER FORM OF FORCED DISCLOSURE TO THE
51 SAME EXTENT THAT IT WOULD HAVE BEEN IF IT HAD NEVER BEEN DISCLOSED TO
52 THE INSPECTOR GENERAL.
53 D. THE INSPECTOR GENERAL MAY IN HIS OR HER DISCRETION DETERMINE TO
54 DISCLOSE ANY EVIDENCE RECEIVED UNDER THE CLAIM OF CONFIDENTIALITY UPON A
55 FINDING THAT THE MATTER UNDER INVESTIGATION IS HIGHLY IMPORTANT TO THE
56 PUBLIC AUTHORITY AND THAT THE PUBLIC HAS A RIGHT TO RECEIVE KNOWLEDGE OF
S. 1867 6
1 THE RESULT OF THE INVESTIGATION, AND THAT THE EVIDENCE (I) IS HIGHLY
2 MATERIAL AND RELEVANT TO THE MATTER UNDER INVESTIGATION; (II) THAT IT IS
3 CRITICAL OR NECESSARY TO AN UNDERSTANDING OF THE OUTCOME OF THE INVESTI-
4 GATION; AND (III) THAT IT IS NOT READILY OBTAINABLE FROM ANY ALTERNATIVE
5 SOURCE.
6 E. NOTWITHSTANDING PARAGRAPH D OF THIS SUBDIVISION, THE INSPECTOR
7 GENERAL MAY NOT DISCLOSE ANY EVIDENCE RECEIVED UNDER A CLAIM OF CONFI-
8 DENTIALITY WITHOUT FIRST GIVING THIRTY DAYS ADVANCE WRITTEN NOTICE TO
9 THE PUBLIC AUTHORITY AND ANY OTHER PERSON WHO MAY BE ENTITLED TO OBJECT
10 TO THE DISCLOSURE OF THE EVIDENCE. IN THE EVENT OF ANY CIVIL ACTION TO
11 PREVENT THE DISCLOSURE OF ANY SUCH EVIDENCE, THE COURT SHALL ALLOW THE
12 DISCLOSURE UNLESS IT SHALL FIND THAT THE INSPECTOR GENERAL HAS ABUSED
13 HIS OR HER DISCRETION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES
14 AND DISBURSEMENTS REASONABLY INCURRED TO A LITIGANT THAT SUBSTANTIALLY
15 PREVAILS AGAINST THE RELEASE OF INFORMATION BY THE INSPECTOR GENERAL IF
16 THE INSPECTOR GENERAL LACKED A REASONABLE BASIS PURSUANT TO THIS ARTICLE
17 FOR THE CHALLENGED RELEASE OF INFORMATION.
18 S 2. Subdivision 1 of section 51 of the public authorities law is
19 amended by adding a new paragraph o to read as follows:
20 O. INDUSTRIAL DEVELOPMENT AGENCIES
21 S 3. Subdivision 14 of section 854 of the general municipal law, as
22 added by chapter 356 of the laws of 1993, is amended and two new subdi-
23 visions 20 and 21 are added to read as follows:
24 (14) "Financial assistance" - shall mean the proceeds of bonds issued
25 by an agency, straight-leases, or exemptions from taxation claimed by a
26 project occupant as a result of an agency taking title, possession or
27 control (by lease, license or otherwise) to the property or equipment of
28 such project occupant or of such project occupant acting as an agent of
29 an agency AND SHALL ALSO MEAN AND INCLUDE, NOTWITHSTANDING ANY INCON-
30 SISTENT PROVISION OF LAW, EACH CONTRACT, AGREEMENT OR UNDERSTANDING BY
31 WHICH A PERSON, FIRM, PARTNERSHIP, COMPANY, ASSOCIATION OR CORPORATION
32 RECEIVES AN AWARD, GRANT, LOAN, TAX ABATEMENT OR OTHER BUSINESS INCEN-
33 TIVE FROM THE STATE, ANY OF ITS POLITICAL SUBDIVISIONS, OR ANY DEPART-
34 MENT, BUREAU, BOARD, COMMISSION, AUTHORITY, OR ANY OTHER AGENCY OR
35 INSTRUMENTALITY OF THE STATE OR ITS POLITICAL SUBDIVISIONS, OR ANY
36 PUBLIC BENEFIT CORPORATION AS DEFINED IN SUBDIVISION FOUR OF SECTION
37 SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, OR ANY MUNICIPAL CORPORATION
38 AS DEFINED IN SUBDIVISION THREE OF SECTION THREE-A OF THIS CHAPTER FOR
39 THE PURPOSES OF JOB TRAINING, JOB CREATION OR RETENTION, OR THE DEVELOP-
40 MENT OF ITS OPERATION WITHIN THE STATE.
41 (20) "PRESERVATION" SHALL MEAN MAINTAINING LANDS IN EXISTING USES, OR
42 USES THAT ARE COMPATIBLE WITH EXISTING USES AND WHICH DO NOT INCREASE
43 THE OVERALL DENSITY OF DEVELOPMENT IN AN AREA, AND MAINTAIN SCENIC, OPEN
44 SPACE, WATER QUALITY, WETLANDS, AGRICULTURAL LANDS, AND WILDLIFE CONDI-
45 TIONS IN AN AREA, OR RESTORING LANDS TO AN OPEN CONDITION.
46 (21) "PUBLIC OPEN SPACE" MEANS PRESERVATION AREAS THAT ARE ACCESSIBLE
47 TO THE GENERAL PUBLIC FOR RECREATIONAL OR SCENIC USE, OR WHICH ARE
48 RESERVED FOR WILDLIFE.
49 S 4. Subdivision 2 of section 856 of the general municipal law, as
50 amended by chapter 356 of the laws of 1993, is amended to read as
51 follows:
52 2. An agency shall be a corporate governmental agency, constituting a
53 public benefit corporation. Except as otherwise provided by special act
54 of the legislature, an agency shall consist of not less than [three]
55 FIVE nor more than [seven] NINE members who shall be appointed by the
56 governing body of each municipality and who shall serve at the pleasure
S. 1867 7
1 of the appointing authority. Such members [may] SHALL include, BUT NEED
2 NOT BE LIMITED TO, representatives of [local government, school boards,
3 organized labor and business] (A) BUSINESS IN THE LOCAL AREA, WHO
4 (1) ARE OWNERS OF BUSINESSES, CHIEF EXECUTIVES OR OPERATING OFFICERS
5 OF BUSINESSES, AND OTHER BUSINESS EXECUTIVES OR EMPLOYERS WITH OPTIMUM
6 POLICYMAKING OR HIRING AUTHORITY; (2) REPRESENT BUSINESSES WITH EMPLOY-
7 MENT OPPORTUNITIES THAT REFLECT THE EMPLOYMENT OPPORTUNITIES OF THE
8 LOCAL AREA; AND (3) ARE APPOINTED FROM AMONG INDIVIDUALS NOMINATED BY
9 LOCAL BUSINESS ORGANIZATIONS AND BUSINESS TRADE ASSOCIATIONS; AND (B)
10 REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES, INCLUDING REPRESENTATIVES
11 OF LOCAL EDUCATIONAL AGENCIES, LOCAL SCHOOL BOARDS, ENTITIES PROVIDING
12 ADULT EDUCATION AND LITERACY ACTIVITIES, AND POSTSECONDARY EDUCATIONAL
13 INSTITUTIONS (INCLUDING REPRESENTATIVES OF COMMUNITY COLLEGES, WHERE
14 SUCH ENTITIES EXIST), SELECTED FROM AMONG INDIVIDUALS NOMINATED BY
15 REGIONAL OR LOCAL EDUCATIONAL AGENCIES, INSTITUTIONS, OR ORGANIZATIONS
16 REPRESENTING SUCH LOCAL EDUCATIONAL ENTITIES; AND (C) REPRESENTATIVES OF
17 LABOR ORGANIZATIONS (FOR A LOCAL AREA IN WHICH EMPLOYEES ARE REPRESENTED
18 BY LABOR ORGANIZATIONS), NOMINATED BY LOCAL LABOR FEDERATIONS, OR (FOR A
19 LOCAL AREA IN WHICH NO EMPLOYEES ARE REPRESENTED BY SUCH ORGANIZATIONS),
20 OTHER REPRESENTATIVES OF EMPLOYEES; AND (D) REPRESENTATIVES OF COMMUNI-
21 TY-BASED ORGANIZATIONS (INCLUDING ORGANIZATIONS REPRESENTING INDIVIDUALS
22 WITH DISABILITIES AND VETERANS, FOR A LOCAL AREA IN WHICH SUCH ORGANIZA-
23 TIONS ARE PRESENT). A member shall continue to hold office until his OR
24 HER successor is appointed and has qualified. The governing body of each
25 municipality shall designate the first [chairman] CHAIRPERSON and file
26 with the secretary of state a certificate of appointment or reappoint-
27 ment of any member. Such members shall receive no compensation for their
28 services but shall be entitled to the necessary expenses, including
29 traveling expenses, incurred in the discharge of their duties.
30 S 5. The general municipal law is amended by adding a new section 857
31 to read as follows:
32 S 857. LIMITATIONS ON POWERS OF AGENCIES. 1. NO AGENCY SHALL PROVIDE
33 FINANCIAL ASSISTANCE TO OR FOR ANY PROJECT OR FACILITY THAT WOULD DIMIN-
34 ISH THE PRESERVATION OF PUBLIC OPEN SPACE.
35 2. NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE TO OR FOR ANY PROJECT
36 OR FACILITY THAT WOULD EXTEND PUBLICLY OWNED WATER OR SEWER LINES OR
37 BOTH.
38 3. NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE TO OR FOR ANY "APPLI-
39 CANT" (WHICH MEANS, FOR THE PURPOSES OF THIS SUBDIVISION, ANY PROJECT OR
40 FACILITY WHOSE INITIAL OWNER, OPERATOR, OR MANAGER (OR WHOSE INTENDED OR
41 CONTEMPLATED SUBSEQUENT OWNER, OPERATOR, OR MANAGER)), WHO OR WHICH HAS
42 A SUBSTANTIAL RECORD OF UNLAWFUL CONDUCT.
43 (A) IN DETERMINING THE EXISTENCE OR NONEXISTENCE OF A SUBSTANTIAL
44 RECORD OF UNLAWFUL CONDUCT, THERE SHALL BE A REBUTTABLE PRESUMPTION OF
45 THE EXISTENCE THEREOF IF THE APPLICANT HAS:
46 (1) AN UNCURED BREACH OF ANY OBLIGATION TO ANY AGENCY IN EXISTENCE AT
47 THE TIME OF APPLICATION;
48 (2) MADE ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE INSTANT
49 APPLICATION FOR FINANCIAL ASSISTANCE FROM AN AGENCY OR IN CONNECTION
50 WITH ANY OTHER APPLICATION OR OTHER MATTER INVOLVING ANY OTHER AGENCY;
51 (3) BEEN CONVICTED OF ANY CRIME OR OFFENSE IN CONNECTION WITH ANY
52 PROJECT OR FACILITY WITHIN THE TEN-YEAR PERIOD PRIOR TO THE APPLICATION;
53 (4) HAD ANY JUDGMENTS, MEDIATION AND ARBITRATION DECISIONS AND AWARDS,
54 OR INJUNCTIONS, ISSUED WITHIN THE PRIOR TEN YEARS, IN ANY JUDICIAL
55 ACTIONS OR PROCEEDINGS AND IN ANY MEDIATION OR ARBITRATION PROCEEDINGS
56 AND INITIATED BY ANY AGENCY OR PUBLIC OFFICER AGAINST THE APPLICANT WITH
S. 1867 8
1 RESPECT TO A PROJECTOR FACILITY AND ANY SUCH JUDICIAL ACTIONS OR
2 PROCEEDINGS OR HAS MEDIATION OR ARBITRATION PROCEEDINGS THAT ARE PRES-
3 ENTLY PENDING OR FOR WHICH NOTICE OF CLAIM HAS BEEN RECEIVED;
4 (5) ANY RECORD OF SANCTIONS IMPOSED WITHIN THE PRIOR TEN YEARS AS A
5 RESULT OF JUDICIAL OR ADMINISTRATIVE DISCIPLINARY PROCEEDINGS WITH
6 RESPECT TO ANY PROFESSIONAL LICENSES HELD BY THE APPLICANT, OR A PRINCI-
7 PAL OWNER OR OFFICER OF THE APPLICANT;
8 (6) NOT FILED STATE OF NEW YORK INCOME TAX RETURNS, WHERE REQUIRED,
9 FOR THE PAST TEN YEARS;
10 (7) OUTSTANDING TAX WARRANTS AND UNSATISFIED TAX LIENS, AS REFLECTED
11 IN THE RECORDS OF THE STATE;
12 (8) BEEN THE SUBJECT OF INFORMATION FROM PUBLIC REPORTS OF THE ORGAN-
13 IZED CRIME CONTROL BUREAU AND THE NEW YORK STATE ORGANIZED CRIME TASK
14 FORCE THAT INDICATES INVOLVEMENT IN CRIMINAL ACTIVITY;
15 (9) CRIMINAL PROCEEDINGS PENDING AGAINST THE APPLICANT AND ANY PRINCI-
16 PAL OWNER OR OFFICER OF SUCH APPLICANT;
17 (10) ANY RECORD OF CRIMINAL CONVICTIONS OF THE APPLICANT, ANY CURRENT
18 PRINCIPAL OWNER OR OFFICER FOR ANY CRIME RELATED TO TRUTHFULNESS OR
19 BUSINESS CONDUCT AND FOR ANY OTHER FELONY COMMITTED WITHIN THE PRIOR TEN
20 YEARS, AND OF ANY FORMER PRINCIPAL OWNER OR OFFICER, WITHIN THE PRIOR
21 TEN YEARS, FOR ANY CRIME RELATED TO TRUTHFULNESS OR BUSINESS CONDUCT AND
22 FOR ANY OTHER FELONY COMMITTED WHILE HE OR SHE HELD SUCH POSITION OR
23 STATUS;
24 (11) ANY PENDING BANKRUPTCY PROCEEDINGS AND ANY BANKRUPTCY PROCEEDINGS
25 INITIATED WITHIN THE PAST SEVEN YEARS BY OR AGAINST THE APPLICANT OR ITS
26 AFFILIATES.
27 (12) BEEN FOUND BY A COURT OR GOVERNMENT AGENCY TO HAVE ENGAGED IN
28 SYSTEMATIC FALSIFICATION OF PAYROLL RECORDS OR TO HAVE VIOLATED ANY
29 EMPLOYMENT, LABOR, TAX, ENVIRONMENTAL, OR LAND USE LAW, ON A PATTERN AND
30 PRACTICE BASIS DURING THE TEN YEARS PRECEDING THE DATE OF THE APPLICA-
31 TION;
32 (13) BEEN THE DEFENDANT IN ANY CERTIFIED CLASS ACTION LAWSUITS INVOLV-
33 ING CLAIMS OF WAGE OR HOUR VIOLATIONS, EMPLOYMENT DISCRIMINATION, OR
34 OTHER EMPLOYMENT OR LABOR LAW VIOLATIONS INVOLVING AT LEAST ONE HUNDRED
35 WORKERS DURING THE TEN YEARS PRECEDING THE DATE OF THE APPLICATION; OR
36 (14) BEEN REQUIRED TO PAY MORE THAN ONE MILLION DOLLARS IN BACK PAY OR
37 CIVIL DAMAGES AS A RESULT OF WAGE AND HOUR, EMPLOYMENT DISCRIMINATION,
38 OR OTHER EMPLOYMENT-RELATED LITIGATION OR SETTLEMENTS DURING THE TEN
39 YEARS PRECEDING THE DATE OF THE APPLICATION.
40 (B) AN APPLICANT MAY REBUT AN APPLICABLE PRESUMPTION OF DENIAL BY:
41 (1) DISCLOSING DISCOVERY MATERIALS FROM PENDING, SETTLED, OR OTHERWISE
42 ADJUDICATED CIVIL LITIGATION INVOLVING WAGE AND HOUR, EMPLOYMENT
43 DISCRIMINATION, OR OTHER EMPLOYMENT CLAIMS THAT DEMONSTRATE THAT THE
44 ALLEGATIONS INVOKED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT TRIGGERED
45 A PRESUMPTIVE DENIAL ARE WITHOUT MERIT; OR
46 (2) DEMONSTRATING THAT THE AGGRIEVED EMPLOYEES IN QUESTION SHALL BE
47 ENSURED FAIR TREATMENT AND RESPECT FOR THEIR EMPLOYMENT RIGHTS THROUGH A
48 LEGALLY BINDING, WRITTEN COMMITMENT BY THE APPLICANT TO PAY SALARIES,
49 WAGES, OR BENEFITS AS THEY ARE LEGALLY DUE, AND TO INCREASE EACH YEAR
50 THE SALARIES, WAGES, OR BENEFITS OF EXISTING AND NEWLY HIRED EMPLOYEES,
51 EXCLUDING MANAGERS, ADMINISTRATORS, AND CONTRACT EMPLOYEES, AND BY
52 DEMONSTRATING THAT THERE EXISTS A METHOD FOR ENFORCING SUCH COMMITMENT,
53 SUCH AS ARBITRATION, THAT IS AVAILABLE TO EMPLOYEES OR THEIR REPRESEN-
54 TATIVE, AND THAT IS EXPEDITIOUS, USES A NEUTRAL DECISIONMAKER, AND IS
55 ECONOMICAL FOR THE EMPLOYEES, AND WHERE THE APPLICANT HAS PROVIDED WRIT-
56 TEN NOTICE OF THE TERMS OF THE COMMITMENT AND THE AVAILABILITY OF THE
S. 1867 9
1 ENFORCEMENT MECHANISM TO THE RELEVANT EMPLOYEES OR THEIR RECOGNIZED
2 REPRESENTATIVE.
3 S 6. The opening paragraph of section 858 of the general municipal
4 law, as amended by chapter 659 of the laws of 1997, is amended to read
5 as follows:
6 The purposes of the agency shall be to promote, develop, encourage and
7 assist in the acquiring, constructing, reconstructing, improving, main-
8 taining, equipping and furnishing industrial, manufacturing, warehous-
9 ing, commercial, research and recreation facilities including industrial
10 pollution control facilities, educational or cultural facilities, rail-
11 road facilities, horse racing facilities and continuing care retirement
12 communities, provided, however, that, of agencies governed by this arti-
13 cle, only agencies created for the benefit of a county and the agency
14 created for the benefit of the city of New York shall be authorized to
15 provide financial assistance in any respect to a continuing care retire-
16 ment community, and thereby advance the job opportunities, health,
17 general prosperity and economic welfare of the people of the state of
18 New York and to improve their recreation opportunities, prosperity and
19 standard of living; TO PROMOTE ECONOMIC DEVELOPMENT IN AREAS WHERE
20 TRANSPORTATION, WATER, AND SEWER INFRASTRUCTURE ARE READILY AVAILABLE OR
21 ECONOMICALLY PRACTICAL IN PREFERENCE TO AREAS WHERE TRANSPORTATION,
22 WATER, AND SEWER INFRASTRUCTURE ARE NOT READILY AVAILABLE OR NOT ECONOM-
23 ICALLY PRACTICAL, and to carry out the aforesaid purposes, each agency
24 shall have the following powers:
25 S 7. Section 858 of the general municipal law is amended by adding a
26 new subdivision 15-a to read as follows:
27 (15-A) TO PROVIDE AN ANNUAL REPORT OF ITS ACTIVITIES TO THE PUBLIC
28 AUTHORITIES CONTROL BOARD AND THE PUBLIC AUTHORITIES INSPECTOR GENERAL
29 FOR REVIEW; AND TO SUBMIT TO ANNUAL AUDITS BY THE STATE COMPTROLLER'S
30 OFFICE, WHICH SHALL PROVIDE, NO LESS THAN SIX MONTHS AFTER COMPLETION OF
31 THE AUDIT OR AUDITS, THE RESULTS TO THE GOVERNOR'S OFFICE, THE SPEAKER
32 OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE.
33 S 8. Section 868 of the general municipal law, as added by chapter
34 1030 of the laws of 1969, is amended to read as follows:
35 S 868. Agreements of the municipality and state. The municipality is
36 authorized to, and the state does hereby, pledge to and agree with the
37 holders of the bonds or notes that neither the municipality nor the
38 state, respectively, will limit or alter the rights, hereby vested in
39 the agency to acquire, construct, reconstruct, improve, maintain, equip
40 and furnish the project or projects, to establish and collect rentals,
41 fees and other charges and to fulfill the terms of any agreements made
42 with the holders of the bonds or notes nor in any way impair the rights
43 and remedies of the bondholders or noteholders until the bonds or notes,
44 together with interest thereon, with interest on any unpaid installments
45 of interest and all costs and expenses in connection with any action or
46 proceeding by or on behalf of the bondholders or noteholders are fully
47 met and discharged. THE PUBLIC AUTHORITIES INSPECTOR GENERAL SHALL HAVE
48 THE POWER TO REVIEW AND APPROVE, OR DISAPPROVE, ANY CONTRACT THAT SUCH
49 INSPECTOR GENERAL CONSIDERS THE TERMS TO BE UNATTAINABLE BY THE APPLI-
50 CANT OR THE LOCAL INDUSTRIAL DEVELOPMENT AGENCY. BOTH PARTIES SHALL BE
51 NOTIFIED IN WRITING OF SUCH INSPECTOR GENERAL'S DECISION WITHIN SIXTY
52 DAYS FROM SUBMISSION OF THE CONTRACT TO SUCH INSPECTOR GENERAL. IF AN
53 APPLICANT IS DENIED APPROVAL, THE APPLICANT CAN APPEAL THE DECISION TO A
54 FAIR HEARING IN WHICH FINAL JUDGMENT OF SUCH CONTRACT SHALL BE GIVEN.
S. 1867 10
1 S 9. Paragraph (a) of subdivision 4 of section 874 of the general
2 municipal law, as amended by chapter 357 of the laws of 1993, is amended
3 to read as follows:
4 (a) The agency shall establish a uniform tax exemption policy, with
5 input from affected tax jurisdictions, which shall be applicable to the
6 provision of financial assistance pursuant to section eight hundred
7 fifty-nine-a of this [chapter] TITLE and shall provide guidelines for
8 the claiming of real property, mortgage recording, and sales tax
9 exemptions. Such guidelines shall include, but not be limited to: period
10 of exemption; percentage of exemption; types of projects for which
11 exemptions can be claimed; procedures for payments in lieu of taxes and
12 instances in which real property appraisals are to be performed as a
13 part of an application for tax exemption; in addition, agencies shall in
14 adopting such policy consider such issues as: the extent to which a
15 project will create or retain permanent, private sector jobs; the esti-
16 mated value of any tax exemptions to be provided; whether affected tax
17 jurisdictions shall be reimbursed by the project occupant if a project
18 does not fulfill the purposes for which an exemption was provided; A
19 SCHEDULE OF REIMBURSEMENT TO THE AGENCY OF SUCH PROJECT IF IT IS DECIDED
20 THAT THE PROJECT WILL NOT FULFILL ITS CONTRACTUAL OBLIGATIONS; the
21 impact of a proposed project on existing and proposed businesses and
22 economic development projects in the vicinity; the amount of private
23 sector investment generated or likely to be generated by the proposed
24 project; the demonstrated public support for the proposed project; the
25 likelihood of accomplishing the proposed project in a timely fashion;
26 the effect of the proposed project upon the environment; the extent to
27 which the proposed project will require the provision of additional
28 services, including, but not limited to additional educational, trans-
29 portation, police, emergency medical or fire services; and the extent to
30 which the proposed project will provide additional sources of revenue
31 for municipalities and school districts.
32 S 10. The general municipal law is amended by adding a new section 885
33 to read as follows:
34 S 885. PREVAILING WAGES. ANY CONTRACT FOR PUBLIC WORK PROJECTS LET BY
35 AN AGENCY OR FOR WHICH AN AGENCY PROVIDES FINANCIAL ASSISTANCE SHALL BE
36 SUBJECT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
37 S 11. The general municipal law is amended by adding a new section
38 959-c to read as follows:
39 S 959-C. PREVAILING WAGES. ANY CONTRACT FOR WORK PROJECTS (INVOLVING
40 THE KIND OF WORK WITHIN THE CONTEMPLATION OF SECTION TWO HUNDRED TWENTY
41 OF THE LABOR LAW) LET BY A BUSINESS CERTIFIED PURSUANT TO THIS ARTICLE
42 AND LOCATED WITHIN AN EMPIRE ZONE, INCLUDING A BUSINESS DESCRIBED IN
43 PARAGRAPH (V) OF SUBDIVISION (D) OF SECTION NINE HUNDRED FIFTY-SEVEN OF
44 THIS ARTICLE, SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY OF THE
45 LABOR LAW.
46 S 12. The public health law is amended by adding a new article 9-B to
47 read as follows:
48 ARTICLE 9-B
49 HEALTH CARE SECURITY ACT
50 SECTION 930. I.D.A./E.Z. HEALTH CARE SECURITY ACT.
51 S 930. I.D.A./E.Z. HEALTH CARE SECURITY ACT.
52 A. SHORT TITLE. THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS THE
53 "I.D.A./E.Z. HEALTH CARE SECURITY ACT".
54 B. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
55 SHALL HAVE THE FOLLOWING MEANINGS:
56 (1) "ADMINISTERING AGENCY" MEANS THE DEPARTMENT OF HEALTH.
S. 1867 11
1 (2) "I.D.A. EMPLOYER" MEANS ANY ENTITY THAT EMPLOYS PERSONS PERFORMING
2 ON-SITE WORK, OTHER THAN PROFESSIONALS LICENSED PURSUANT TO TITLE EIGHT
3 OF THE EDUCATION LAW, ADMINISTRATIVE OR MANAGERIAL EMPLOYEES (EXCLUSIVE
4 OF FOREPERSONS), OR PERSONS EMPLOYED PURSUANT TO AN INDIVIDUAL CONTRACT
5 BETWEEN SUCH PERSON AND THE EMPLOYER, FOR THE DEVELOPMENT, PREPARATION,
6 CONSTRUCTION, AND OTHER TASKS ON A PROJECT OR FACILITY RECEIVING FINAN-
7 CIAL ASSISTANCE, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION EIGHT
8 HUNDRED FIFTY-FOUR OF THE GENERAL MUNICIPAL LAW, FROM AN INDUSTRIAL
9 DEVELOPMENT AGENCY FOR THE PURPOSES OF RENDERING SUCH SITE READY AND
10 COMPLETE FOR ITS INTENDED USE.
11 (3) "STATE" MEANS THE STATE OF NEW YORK.
12 (4) "EMPLOYEE" MEANS ANY PERSON WHO IS EMPLOYED WITHIN THE CONTEM-
13 PLATION OF PARAGRAPH TWO OR TWELVE OF THIS SUBDIVISION.
14 (5) "FAMILY OF EMPLOYEE" MEANS THE SPOUSE OF AN EMPLOYEE AND EACH
15 DEPENDENT OF SUCH EMPLOYEE.
16 (6) "HEALTH BENEFITS PLAN" MEANS A PLAN OR SYSTEM FOR PROVIDING HEALTH
17 CARE SERVICES FOR EMPLOYEES AND FAMILIES OF EMPLOYEES.
18 (7) "HEALTH CARE EXPENDITURE" MEANS ANY AMOUNT PAID BY AN I.D.A./E.Z.
19 EMPLOYER FOR THE PURPOSE OF PROVIDING HEALTH CARE SERVICES OR REIMBURS-
20 ING THE COST OF SUCH SERVICES FOR ANY EMPLOYEE OF SUCH I.D.A./E.Z.
21 EMPLOYER OR FAMILY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO, GRATUI-
22 TOUS PAYMENTS MADE BY SUCH EMPLOYER TO SUCH EMPLOYEE OR FAMILY OF SUCH
23 EMPLOYEE WHO INCURRED HEALTH CARE EXPENSES, BUT WHO HAD NO ENTITLEMENT
24 TO HAVE EXPENSES REIMBURSED UNDER ANY PLAN, FUND OR PROGRAM MAINTAINED
25 BY AN I.D.A./E.Z. EMPLOYER.
26 (8) "HEALTH CARE SERVICES" MEANS PRIMARY OR SECONDARY MEDICAL CARE OR
27 SERVICE INCLUDING, BUT NOT LIMITED TO, (I) INPATIENT AND OUTPATIENT
28 HOSPITAL SERVICES, (II) PHYSICIANS' SURGICAL AND MEDICAL SERVICES, (III)
29 LABORATORY, DIAGNOSTIC AND X-RAY SERVICES, (IV) PRESCRIPTION DRUG COVER-
30 AGE, (V) ANNUAL PHYSICAL EXAMINATIONS, (VI) PREVENTATIVE SERVICES, (VII)
31 MENTAL HEALTH SERVICES AND (VIII) SUBSTANCE ABUSE TREATMENT SERVICES;
32 PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY MEDICAL PROCE-
33 DURE OR TREATMENT WHICH IS SOLELY COSMETIC.
34 (9) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, SOLE PROPRIETOR-
35 SHIP, PARTNERSHIP, ASSOCIATION, JOINT VENTURE, LIMITED LIABILITY COMPANY
36 OR OTHER LEGAL ENTITY.
37 (10) "PREVAILING HEALTH CARE EXPENDITURE" MEANS THE AMOUNT OF HEALTH
38 CARE EXPENDITURE CUSTOMARILY MADE ON BEHALF OF FULL-TIME WORKERS AND
39 THEIR FAMILIES IN NEW YORK STATE IN THE SAME TRADE OR OCCUPATION FOR
40 EMPLOYEES OF AN I.D.A./E.Z. EMPLOYER, PRORATED ON AN HOURLY BASIS.
41 (11) "PROGRAM" MEANS THE NEW YORK STATE I.D.A./E.Z. HEALTH CARE SECU-
42 RITY PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
43 (12) "E.Z. EMPLOYER" MEANS ANY BUSINESS CERTIFIED PURSUANT TO ARTICLE
44 EIGHTEEN-B OF THE GENERAL MUNICIPAL LAW AND LOCATED WITHIN AN EMPIRE
45 ZONE, INCLUDING A BUSINESS DESCRIBED IN PARAGRAPH (V) OF SUBDIVISION (D)
46 OF SECTION NINE HUNDRED FIFTY-SEVEN OF THE GENERAL MUNICIPAL LAW.
47 (13) "I.D.A./E.Z. EMPLOYER" MEANS ANY I.D.A. EMPLOYER, AS DEFINED IN
48 PARAGRAPH TWO OF THIS SUBDIVISION, OR ANY E.Z. EMPLOYER AS DEFINED IN
49 PARAGRAPH TWELVE OF THIS SUBDIVISION.
50 C. I.D.A./E.Z. HEALTH CARE SECURITY PROGRAM. THE ADMINISTERING AGENCY
51 SHALL ESTABLISH AN I.D.A./E.Z. HEALTH CARE SECURITY PROGRAM TO PROVIDE
52 HEALTH CARE SERVICES FOR EMPLOYEES AND FAMILIES OF EMPLOYERS OF
53 I.D.A./E.Z. EMPLOYEES WHO DO NOT RECEIVE HEALTH CARE FROM THEIR
54 I.D.A./E.Z. EMPLOYERS AND SHALL:
S. 1867 12
1 (1) CONTRACT OR ENTER INTO AGREEMENTS WITH PUBLIC OR PRIVATE HEALTH
2 CARE PROVIDERS OR HEALTH BENEFITS PLANS, AS SUCH AGENCY DEEMS APPROPRI-
3 ATE, TO PROVIDE SUCH HEALTH CARE SERVICES;
4 (2) ESTABLISH AND OPERATE A SYSTEM FOR ASSESSING AND COLLECTING FEES
5 FROM ALL I.D.A./E.Z. EMPLOYERS ON A QUARTERLY BASIS TO ADMINISTER SUCH
6 PROGRAM, WHEREBY FEES:
7 (I) SHALL BE SET BY THE ADMINISTERING AGENCY IN ACCORDANCE WITH GUID-
8 ING LEGAL STANDARDS FOR SETTING AND ADMINISTERING REGULATORY FEES,
9 INCLUDING USING RELIABLE FACTUAL STUDIES OR STATISTICS TO SET THE APPRO-
10 PRIATE LEVEL OF THE FEES;
11 (II) MAY DIFFER AMONG THE I.D.A./E.Z. EMPLOYERS IF THE ADMINISTERING
12 AGENCY DETERMINES THAT THE PRORATED COST OF OPERATING THE PROGRAM VARIES
13 SIGNIFICANTLY AMONG SUCH I.D.A./E.Z. EMPLOYERS;
14 (III) SHALL BE ASSESSED ON A PER EMPLOYEE BASIS FOR EACH HOUR THAT AN
15 EMPLOYEE WORKS FOR AN I.D.A./E.Z. EMPLOYER WITHIN THE STATE; PROVIDED
16 THAT AN I.D.A./E.Z. EMPLOYER THAT MAKES PREVAILING HEALTH CARE EXPENDI-
17 TURES ON BEHALF OF ITS EMPLOYEES AND FAMILIES OF EMPLOYEES SHALL RECEIVE
18 A CREDIT AGAINST THE ASSESSED FEE EQUAL TO THE PRORATED HOURLY COST TO
19 THE EMPLOYER OF SUCH PREVAILING HEALTH CARE EXPENDITURES, AS PROVIDED IN
20 PARAGRAPH TWO OF SUBDIVISION F OF THIS SECTION; AND
21 (IV) SHALL BE DETERMINED ON A PRORATED HOURLY BASIS BY (A) TAKING THE
22 ANNUAL COST TO THE STATE OF PROVIDING OR PURCHASING HEALTH CARE SERVICES
23 FOR ONE ENROLLED EMPLOYEE AND FOR THE FAMILY OF ONE ENROLLED EMPLOYEE,
24 (B) ADDING SUCH COST TO THE PROJECTED ANNUAL COST TO THE STATE PER
25 ENROLLED EMPLOYEE OF ADMINISTERING AND ENFORCING THE PROGRAM AND OF
26 MAINTAINING AN APPROPRIATE RESERVE FUND TO PROTECT THE PROGRAM AGAINST
27 OPERATING AT A DEFICIT, AND (C) THEN DIVIDING THAT TOTAL BY TWO THOUSAND
28 EIGHTY, THE NUMBER OF HOURS IN A FULL-TIME WORK YEAR, IN ORDER TO DETER-
29 MINE AN HOURLY FEE; PROVIDED THAT THIS METHODOLOGY SHALL BE SUBJECT TO
30 REVIEW AND REVISION BY THE ADMINISTERING AGENCY, AS IT DEEMS APPROPRI-
31 ATE;
32 (3) ESTABLISH APPLICATION AND ELIGIBILITY RULES AND PROCEDURES FOR
33 DETERMINING WHICH EMPLOYEES AND FAMILIES OF EMPLOYEES OF I.D.A./E.Z.
34 EMPLOYERS SHALL BE ELIGIBLE TO RECEIVE HEALTH CARE SERVICES UNDER SUCH
35 PROGRAM; PROVIDED THAT NO ELIGIBILITY RULE SHALL MAKE AN EMPLOYEE OR
36 FAMILY OF AN EMPLOYEE ELIGIBLE, IN WHOLE OR IN PART, BECAUSE THE EMPLOY-
37 EE'S I.D.A./E.Z. EMPLOYER HAS PAID THE REQUIRED FEE, NOR SHALL AN
38 EMPLOYEE OR FAMILY OF AN EMPLOYEE BE ELIGIBLE SOLELY BECAUSE THE EMPLOY-
39 EE'S I.D.A./E.Z. EMPLOYER IS OBLIGATED TO PAY THE REQUIRED FEE, BUT
40 ELIGIBILITY SHALL DEPEND IN PART ON NEED-BASED CRITERIA TO BE DEVELOPED
41 BY THE ADMINISTERING AGENCY; AND
42 (4) MAKE AVAILABLE ON THE STATE'S OFFICIAL WEBSITE INFORMATION ON
43 WHETHER AN I.D.A./E.Z. EMPLOYER HAS COMPLIED WITH THIS SECTION AND
44 FURTHER INDICATING WHETHER SUCH I.D.A./E.Z. EMPLOYER COMPLIED BY PAYING
45 THE FEE ASSESSED PURSUANT TO PARAGRAPH TWO OF THIS SUBDIVISION OR BY
46 FILING PROOF THAT SUCH I.D.A./E.Z. EMPLOYER MADE PREVAILING HEALTH CARE
47 EXPENDITURES AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION F OF THIS
48 SECTION.
49 D. PROGRAM REQUIREMENTS. THE PROGRAM ESTABLISHED PURSUANT TO THIS
50 SECTION SHALL:
51 (1) PROVIDE HEALTH CARE SERVICES THAT ARE SUBSTANTIALLY EQUIVALENT TO,
52 OR SUPERIOR TO, THOSE PROVIDED TO STATE EMPLOYEES UNDER THE BASIC STATE
53 EMPLOYEE HEALTH BENEFITS PLAN, INCLUDING THOSE HEALTH CARE SERVICES
54 PROVIDED UNDER ANY SUPPLEMENT PLAN FOR PROVIDING PRESCRIPTION DRUGS TO
55 STATE EMPLOYEES; AND
S. 1867 13
1 (2) NOT CHARGE A PREMIUM OR DEDUCTIBLE TO ENROLLED EMPLOYEES AND FAMI-
2 LIES OF EMPLOYEES, AND SHALL LIMIT THE AMOUNT OF ANY CO-PAYMENTS OR
3 OTHER REQUIRED OUT-OF-POCKET PAYMENTS TO NO MORE THAN SUCH AMOUNTS AS
4 ARE CHARGED TO STATE EMPLOYEES UNDER THE BASIC STATE EMPLOYEE HEALTH
5 BENEFITS PLAN.
6 E. ADVISORY BOARD. NOT LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE
7 OF THIS SECTION, THE ADMINISTERING AGENCY SHALL ESTABLISH AN ADVISORY
8 BOARD COMPOSED OF EIGHT INDIVIDUALS, INCLUDING PUBLIC HEALTH EXPERTS,
9 BUSINESS LEADERS AND LABOR LEADERS FROM THE I.D.A./E.Z. EMPLOYERS. THE
10 ADVISORY BOARD SHALL ADVISE THE ADMINISTERING AGENCY ON ALL ASPECTS OF
11 IMPLEMENTATION OF THIS SECTION AND SHALL BE PERMITTED ACCESS TO ALL
12 RECORDS AND INFORMATION THAT ARE REQUIRED TO BE MAINTAINED BY
13 I.D.A./E.Z. EMPLOYERS OR SUBMITTED TO THE ADMINISTERING AGENCY PURSUANT
14 TO THIS SECTION. THE GOVERNOR SHALL APPOINT FOUR MEMBERS OF THE ADVISORY
15 BOARD AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
16 ASSEMBLY SHALL EACH APPOINT TWO MEMBERS OF THE ADVISORY BOARD. MEMBERS
17 SHALL SERVE FOR A TERM OF THREE YEARS TO COMMENCE UPON ESTABLISHMENT OF
18 SUCH BOARD AND MAY BE REMOVED FOR CAUSE. VACANCIES SHALL BE FILLED IN
19 THE SAME MANNER AS THE ORIGINAL POSITION WAS FILLED. THE MEMBERS OF THE
20 ADVISORY BOARD SHALL APPOINT A CHAIRPERSON DURING SUCH BOARD'S FIRST
21 MEETING, WHICH SHALL BE CONVENED WITHIN ONE HUNDRED TWENTY DAYS AFTER
22 THE EFFECTIVE DATE OF THIS SECTION. THE ADVISORY BOARD SHALL MEET AT
23 LEAST QUARTERLY AND ALL MEMBERS OF THE ADVISORY BOARD SHALL SERVE WITH-
24 OUT COMPENSATION, EXCEPT THAT EACH MEMBER SHALL BE ALLOWED HIS OR HER
25 ACTUAL AND NECESSARY EXPENSES. NO PERSON SHALL BE INELIGIBLE FOR MEMBER-
26 SHIP ON THE ADVISORY BOARD BECAUSE SUCH PERSON HOLDS ANY OTHER PUBLIC
27 OFFICE, EMPLOYMENT OR TRUST, NOR SHALL ANY PERSON BE MADE INELIGIBLE TO
28 OR FORFEIT SUCH PERSON'S RIGHT TO ANY PUBLIC OFFICE, EMPLOYMENT OR TRUST
29 BY REASON OF SUCH APPOINTMENT.
30 F. PREVAILING HEALTH CARE EXPENDITURES. (1) THE COMPTROLLER SHALL
31 ANNUALLY DETERMINE THE PREVAILING HEALTH CARE EXPENDITURE FOR FULL-TIME
32 EMPLOYEES IN EACH TRADE OR OCCUPATION IN EACH I.D.A./E.Z. EMPLOYMENT,
33 PRORATED ON AN HOURLY BASIS, USING PROCEDURES AND STANDARDS SIMILAR TO
34 THOSE USED TO CALCULATE PREVAILING WAGES AND BENEFITS PURSUANT TO
35 SECTIONS TWO HUNDRED THIRTY-FOUR AND TWO HUNDRED TWENTY OF THE LABOR
36 LAW.
37 (2) THE ADMINISTERING AGENCY SHALL ESTABLISH PROCEDURES FOR DETERMIN-
38 ING WHETHER HEALTH CARE EXPENDITURES MADE BY AN I.D.A./E.Z. EMPLOYER ON
39 BEHALF OF ITS EMPLOYEES QUALIFY AS PREVAILING HEALTH CARE EXPENDITURES
40 PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION AND, IF SUCH EXPENDITURES
41 QUALIFY AS PREVAILING HEALTH CARE EXPENDITURES, THE CORRESPONDING HOURLY
42 CREDIT THAT SUCH EMPLOYER SHOULD RECEIVE. IN MAKING SUCH A DETERMINATION
43 THE AGENCY MAY, IF IT DEEMS APPROPRIATE, USE AN AVERAGE VALUE BY TAKING
44 THE I.D.A./E.Z. EMPLOYER'S TOTAL HEALTH CARE EXPENDITURES ON BEHALF OF
45 ALL EMPLOYEES IN A PARTICULAR TRADE OR OCCUPATION OVER A GIVEN PERIOD
46 AND DIVIDING THAT SUM BY THE TOTAL HOURS WORKED BY SUCH EMPLOYEES. WHERE
47 THE COST TO AN I.D.A./E.Z. EMPLOYER OF MAKING PREVAILING HEALTH CARE
48 EXPENDITURES IS EQUAL TO OR GREATER, ON AN HOURLY PER EMPLOYEE BASIS,
49 THAN THE AMOUNT OF THE FEE ASSESSED, SUCH I.D.A./E.Z. EMPLOYER MAY
50 COMPLY WITH THIS SECTION BY PROVIDING PROOF TO THE ADMINISTERING AGENCY,
51 IN A MANNER SPECIFIED BY SUCH AGENCY, THAT SUCH I.D.A./E.Z. EMPLOYER
52 MAKES PREVAILING HEALTH CARE EXPENDITURES ON BEHALF OF ITS EMPLOYEES;
53 PROVIDED THAT AN I.D.A./E.Z. EMPLOYER THAT IS A SIGNATORY TO A COLLEC-
54 TIVE BARGAINING AGREEMENT PURSUANT TO WHICH IT MAKES PREVAILING HEALTH
55 CARE EXPENDITURES ON BEHALF OF ITS EMPLOYEES AND FAMILIES OF EMPLOYEES
56 MAY COMPLY WITH THIS SECTION AS PROVIDED IN SUBDIVISION J OF THIS
S. 1867 14
1 SECTION. AN I.D.A./E.Z. EMPLOYER SHALL NOT BE ENTITLED TO ANY PAYMENT
2 OR REIMBURSEMENT FROM THE STATE OR FROM ANY OTHER PARTY IN CONNECTION
3 WITH THE PROVISIONS OF THIS SECTION AND MAY NOT CLAIM ANY CREDIT AGAINST
4 ANY FUTURE FEES OWED.
5 G. RESPONSIBILITIES OF AN I.D.A./E.Z. EMPLOYER. AN I.D.A./E.Z.
6 EMPLOYER SHALL:
7 (1) MAINTAIN AN ACCURATE WORK LOG THAT LISTS, FOR EACH EMPLOYEE, SUCH
8 EMPLOYEE'S NAME AND THE DATES AND HOURS WORKED BY SUCH EMPLOYEE, AND
9 WHETHER SUCH EMPLOYER HAS PAID A FEE OR RECEIVED A CREDIT PURSUANT TO
10 THIS SECTION;
11 (2) SUBMIT A REPORT TO THE ADMINISTERING AGENCY ON A QUARTERLY BASIS,
12 INCLUDING, BUT NOT LIMITED TO, (I) THE NUMBER OF SUCH EMPLOYER'S EMPLOY-
13 EES AND (II) THE DATES AND HOURS EACH EMPLOYEE WORKED DURING THAT QUAR-
14 TER. THE INFORMATION IN THE REPORT SHALL BE DISAGGREGATED BY JOB CLASSI-
15 FICATION;
16 (3) MAKE AVAILABLE TO THE PUBLIC, IN A MANNER SPECIFIED BY THE ADMIN-
17 ISTERING AGENCY, THE AMOUNT AND DATES OF ALL FEE PAYMENTS MADE TO THE
18 STATE AND PROOF OF ENTITLEMENT TO ANY CREDIT CLAIMED AGAINST SUCH FEE;
19 AND
20 (4) PROVIDE EMPLOYEES UPON HIRE, AND ON OR ABOUT JANUARY FIRST OF EACH
21 YEAR, A WALLET-SIZED CARD IN A FORMAT SPECIFIED BY THE ADMINISTERING
22 AGENCY, INDICATING WHETHER SUCH I.D.A./E.Z. EMPLOYER PAID A FEE OR
23 RECEIVED A CREDIT PURSUANT TO THIS SECTION; PROVIDED THAT AN I.D.A./E.Z.
24 EMPLOYER THAT DOES NOT MAKE PREVAILING HEALTH CARE EXPENDITURES ON
25 BEHALF OF ITS EMPLOYEES SHALL PROVIDE EMPLOYEES UPON HIRE, AND ON OR
26 ABOUT JANUARY FIRST OF EACH YEAR, A BROCHURE, IN A FORMAT SPECIFIED BY
27 THE ADMINISTERING AGENCY, WITH INFORMATION ON PROCEDURES FOR APPLYING
28 FOR HEALTH CARE SERVICES PURSUANT TO THE PROGRAM.
29 H. RULES. THE ADMINISTERING AGENCY SHALL PROMULGATE RULES IN ACCORD-
30 ANCE WITH THIS SECTION AND SUCH OTHER RULES AS MAY BE NECESSARY FOR THE
31 PURPOSE OF IMPLEMENTING, CONSTRUING AND CARRYING OUT THE PROVISIONS OF
32 THIS SECTION. SUCH RULES SHALL HAVE THE FORCE AND EFFECT OF LAW.
33 I. ENFORCEMENT. (1) THE ADMINISTERING AGENCY, THE PUBLIC AUTHORITIES
34 INSPECTOR GENERAL, OR ANY OTHER APPROPRIATE AGENCY AND THE COMPTROLLER
35 SHALL BE AUTHORIZED TO TAKE ANY STEPS APPROPRIATE TO ENFORCE THE
36 REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, INSPECTING
37 THE RECORDS OF I.D.A./E.Z. EMPLOYERS. IN THE EVENT THAT SUCH AGENCY OR
38 THE COMPTROLLER DETERMINES THAT AN I.D.A./E.Z. EMPLOYER HAS FAILED TO
39 PAY THE FEE REQUIRED PURSUANT TO THIS SECTION OR VIOLATED ANY OTHER
40 REQUIREMENT OF THIS SECTION, THE STATE OR THE COMPTROLLER MAY TAKE ANY
41 STEP APPROPRIATE TO BRING ABOUT COMPLIANCE INCLUDING, BUT NOT LIMITED
42 TO, INFORMING STATE OR MUNICIPAL AGENCIES OR DEPARTMENTS OF THE NEED TO
43 REVOKE OR SUSPEND ANY STATE-ISSUED OR MUNICIPALLY ISSUED REGISTRATION
44 CERTIFICATES, PERMITS OR LICENSES HELD OR REQUESTED BY SUCH I.D.A./E.Z.
45 EMPLOYER, OR TO SUSPEND ANY CONSTRUCTION, DEMOLITION OR RENOVATION
46 PROJECT ON WHICH SUCH I.D.A./E.Z. EMPLOYER IS WORKING, UNTIL SUCH TIME
47 AS THE VIOLATION IS REMEDIED. ANY SUCH STATE OR MUNICIPAL AGENCY OR
48 DEPARTMENT RECEIVING SUCH INFORMATION SHALL ENSURE SUCH REVOCATION OR
49 SUSPENSION.
50 (2) AN I.D.A./E.Z. EMPLOYER, REPRESENTATIVE OF EMPLOYEES OF AN
51 I.D.A./E.Z. EMPLOYER, OR AN ORGANIZATION THAT ADVOCATES FOR EMPLOYEES
52 IN THE SAME INDUSTRY AS AN I.D.A./E.Z. EMPLOYER, CLAIMING TO BE INJURED
53 BY THE VIOLATION OF THIS SECTION BY AN I.D.A./E.Z. EMPLOYER WITHIN THE
54 SAME I.D.A./E.Z. INDUSTRY MAY COMMENCE AN ACTION IN A COURT OF COMPE-
55 TENT JURISDICTION AGAINST SUCH I.D.A./E.Z. EMPLOYER FOR ANY SUCH
56 VIOLATION OF THIS SECTION, INCLUDING: (A) THE FAILURE BY AN I.D.A./E.Z.
S. 1867 15
1 EMPLOYER TO PAY ON A TIMELY BASIS THE FEES ESTABLISHED PURSUANT TO THIS
2 SECTION OR FILE PROOF THAT SUCH EMPLOYER PROVIDES HEALTH CARE EXPENDI-
3 TURES AT A COST THAT IS EQUAL TO OR GREATER THAN THE FEE, (B) THE FAIL-
4 URE BY AN I.D.A./E.Z. EMPLOYER TO PROVIDE INFORMATION TO THE ADMINIS-
5 TERING AGENCY, EMPLOYEES AND THE PUBLIC AS PROVIDED IN THIS SECTION, AND
6 (C) THE FAILURE BY AN I.D.A./E.Z. EMPLOYER TO REFRAIN FROM RETALIATION
7 AS PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION. THE COURT MAY ISSUE
8 AN INJUNCTION ENJOINING ANY ACTS OR PRACTICES WHICH CONSTITUTE A
9 VIOLATION OF THIS SECTION; AWARD LIQUIDATED DAMAGES TO THE PREVAILING
10 PLAINTIFF IN THE AMOUNT OF FIVE HUNDRED DOLLARS FOR EACH DAY A VIOLATION
11 OCCURRED OR PERSISTED TO COMPENSATE FOR ANY INJURY SUFFERED; OR ORDER
12 SUCH OTHER RELIEF AS MAY BE APPROPRIATE; AND SHALL AWARD TO THE PREVAIL-
13 ING PLAINTIFF COURT COSTS AND A REASONABLE ATTORNEY'S FEE. A CIVIL
14 ACTION COMMENCED UNDER THIS SECTION MUST BE COMMENCED WITHIN THREE YEARS
15 AFTER THE DATE OF THE OCCURRENCE OR TERMINATION OF THE ALLEGED
16 VIOLATION.
17 (3) RETALIATION. IT SHALL BE UNLAWFUL FOR ANY I.D.A./E.Z. EMPLOYER TO
18 DEPRIVE OR THREATEN TO DEPRIVE ANY PERSON OF EMPLOYMENT, TAKE OR THREAT-
19 EN TO TAKE ANY REPRISAL OR RETALIATORY ACTION AGAINST ANY PERSON, OR
20 DIRECTLY OR INDIRECTLY INTIMIDATE, THREATEN, COERCE, COMMAND OR INFLU-
21 ENCE OR ATTEMPT TO INTIMIDATE, THREATEN, COERCE, COMMAND OR INFLUENCE
22 ANY PERSON BECAUSE SUCH PERSON HAS TAKEN AN ACTION TO ENFORCE OR INFORM
23 OTHERS ABOUT THE REQUIREMENTS OF THIS SECTION. TAKING ADVERSE ACTION
24 AGAINST A PERSON WITHIN SIXTY DAYS OF A PERSON'S EXERCISE OF RIGHTS
25 PROTECTED UNDER THIS SECTION SHALL RAISE A REBUTTABLE PRESUMPTION THAT
26 SUCH ACTION WAS IN RETALIATION FOR THE EXERCISE OF SUCH RIGHTS. AN
27 I.D.A./E.Z. EMPLOYER WHO VIOLATES THE PROHIBITIONS OF THIS SUBDIVISION
28 SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE NOT TO EXCEED ONE
29 THOUSAND DOLLARS UPON CONVICTION.
30 J. AN I.D.A./E.Z. EMPLOYER THAT IS A SIGNATORY TO A COLLECTIVE
31 BARGAINING AGREEMENT UNDER WHICH SUCH EMPLOYER MAKES PREVAILING HEALTH
32 CARE EXPENDITURES ON BEHALF OF EMPLOYEES AND FAMILIES OF EMPLOYEES AS
33 DETERMINED BY THE COMPTROLLER MAY FULLY COMPLY WITH THE REQUIREMENTS OF
34 THIS SECTION BY FILING ANNUALLY WITH THE ADMINISTERING AGENCY PROOF OF
35 SUCH A COLLECTIVE BARGAINING AGREEMENT AND ITS TERMS, IN A FORMAT SPECI-
36 FIED BY THE ADMINISTERING AGENCY, AND SHALL OTHERWISE BE EXEMPT FROM ALL
37 REPORTING AND ENFORCEMENT REQUIREMENTS AND PROVISIONS OF THIS SECTION.
38 AN I.D.A./E.Z. EMPLOYER AND ITS EMPLOYEES MAY AGREE TO MODIFY OR WAIVE
39 ANY OF THE REQUIREMENTS OF THIS SECTION PURSUANT TO A VALID COLLECTIVE
40 BARGAINING AGREEMENT; PROVIDED THAT SUCH MODIFICATION OR WAIVER IS SET
41 FORTH EXPRESSLY AND UNAMBIGUOUSLY IN THE COLLECTIVE BARGAINING AGREEMENT
42 IN A PROVISION THAT MAKES EXPRESS REFERENCE TO THIS SECTION.
43 S 13. If any section, subdivision, sentence, clause, phrase, or other
44 portion of this act, including any requirement imposed or credit author-
45 ized pursuant to it, is for any reason declared unconstitutional or
46 invalid, in whole or in part, by any court of competent jurisdiction,
47 such portion shall be deemed severable, and such unconstitutionality or
48 invalidity shall not affect the validity of the remaining portions of
49 this act, which remaining portions shall continue in full force and
50 effect.
51 S 14. This act shall take effect on the one hundred twentieth day
52 after it shall have become a law; provided that the commissioner of
53 health is authorized to promulgate any and all rules and regulations and
54 take any other measures necessary to implement this act on its effective
55 date on or before such date; and provided that section four of this act
56 shall take effect one year after the effective date of this act.