Bill > A3271

Introduced Session

This bill sets standards and procedures regarding repayment of State or local government development subsidies by employers who receive the subsidies, but fail to maintain and report records required by certain wage, benefit and tax laws and, in connection with that failure to maintain or report the records, fail to pay wages, benefits, taxes or other contributions or assessments required by those laws. The bill provides that if the Commissioner of Labor and Workforce Development finds that an employer receiving a State or local government development subsidy has failed for one or more of its employees, to maintain and report every record required by laws specified by the bill regarding wages, benefits and taxes and has, in connection with that failure, failed to pay wages, benefits, taxes or other contributions or assessments required by those laws, the commissioner is required to notify the employer of those failures and conduct a subsequent audit. If the commissioner determines in that audit that the employer or any successor firm to the employer has continued in its failure to maintain or report the records and continued its failure to pay the wages, benefits, taxes or other contributions or assessments, the commissioner is required to issue a written determination directing the State Treasurer and any other granting body to require the employer to repay any development subsidy awarded during the five years before the violation, during a period determined by the commissioner of not more than 12 months after the date of the notice, paid in installments as determined by the commissioner, with the first installment paid within 60 days after the notice. Subsidies subject to the provisions of the bill include, but are not limited to, bonds, grants, loans, loan guarantees, tax increment financing, fee waivers, land price subsidies, matching funds or tax expenditures, but not procurement or construction contracts.

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Reed Gusciora (D)*,  Elizabeth Muoio (D)*, 

Introduced, Referred to Assembly Labor Committee (on 02/22/2016)