A4312-2011 Actions

• Jan 4, 2012: referred to labor
• Feb 3, 2011: referred to labor

A4312-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4312
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 3, 2011
 
 Introduced  by  M.  of A. CRESPO, N. RIVERA -- read once and referred to
 the Committee on Labor
 

AN ACT to amend the labor law, in relation to establishing the  "minimum
 standards for subsidized jobs act"
 

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

 

Section 1. Short title. This act shall be known as the "minimum stand
 ards for subsidized jobs act".
 

S 2. Legislative findings and purpose. The  legislature  hereby  finds
 and declares that:

 (a)  Every  year,  New York state awards money in economic development
 subsidies to for-profit businesses.
 (b) When government invests  in  economic  development,  it  makes  no
 economic  sense to support the creation or promotion of jobs that do not
 give workers the chance to earn a decent living.
 (c) When state-subsidized jobs provide low wages  and  poor  benefits,
 they increase the need for government services, including public assist
 ance for food, housing, health care, and child care.
 The  purpose  of  this act is to improve the effectiveness of economic
 development  expenditures,  take  pressure  off  state  social  services
 programs,  and  improve  the  public health and welfare by ensuring that
 major state subsidies are used to support at least minimum living stand
 ards for working families.
 

S 3. The labor law is amended by adding a new article 19-D to read  as
 follows:

 ARTICLE 19-D
 MINIMUM STANDARDS FOR SUBSIDIZED JOBS ACT
 SECTION 696. DEFINITION.
 697. MINIMUM STANDARDS FOR WAGES AND BENEFITS.
 698. ENFORCEMENT.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04871-01-1
 
       A. 4312                             2
 

S 696. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
 SUBSIDY"  MEANS ANY EXPENDITURE OF PUBLIC FUNDS WITH A VALUE OF AT LEAST
 ONE HUNDRED THOUSAND DOLLARS FOR THE  PURPOSE  OF  STIMULATING  ECONOMIC
 DEVELOPMENT  WITHIN  THE  STATE,  INCLUDING  BUT  NOT  LIMITED TO BONDS,
 GRANTS, LOANS, LOAN GUARANTEES, ENTERPRISE ZONES, EMPOWERMENT ZONES, TAX
 INCREMENT  FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, MATCHING FUNDS,
 TAX ABATEMENTS, TAX EXEMPTIONS AND TAX CREDITS.
 

S 697. MINIMUM STANDARDS FOR WAGES AND BENEFITS. 1. NO PERSON, ASSOCI
 ATION, LIMITED LIABILITY COMPANY, CORPORATION OR OTHER ENTITY  SHALL  BE
 ELIGIBLE TO RECEIVE ANY ECONOMIC DEVELOPMENT SUBSIDY UNLESS IT:

 (A)  PAYS  ALL  ITS  EMPLOYEES  IN THE STATE A MINIMUM WAGE THAT IS AT
 LEAST ONE DOLLAR PER HOUR  HIGHER  THAN  THE  STATE'S  MINIMUM  WAGE  AS
 PROVIDED BY THIS CHAPTER.
 (B)  OFFERS  TO  AT LEAST TWENTY PERCENT OF ITS WORKERS IN THE STATE A
 WORKER TRAINING PROGRAM THAT  MEETS  MINIMUM  STANDARDS  ISSUED  BY  THE
 COMMISSIONER.
 (C)  HAS NOT BEEN ADJUDICATED TO BE IN VIOLATION OF ANY FEDERAL, STATE
 OR LOCAL LAWS FOR AT LEAST THE PRIOR FIVE YEARS.
 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:

 (A) A NOT-FOR-PROFIT ENTITY THAT IS EXEMPT FROM TAXATION  PURSUANT  TO
 STATE OR FEDERAL LAW.
 (B)  AN INTERN OR TRAINEE WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO
 IS EMPLOYED FOR A PERIOD OF NOT LONGER THAN THREE MONTHS.
 3. IF THE COMMISSIONER DETERMINES THAT  APPLICATION  OF  THIS  ARTICLE
 WOULD  CONFLICT  WITH  A  FEDERAL PROGRAM REQUIREMENT, THE COMMISSIONER,
 AFTER NOTICE AND PUBLIC HEARING, MAY GRANT A WAIVER  FROM  THE  REQUIRE
 MENTS OF THIS ARTICLE.
 

S  698.  ENFORCEMENT.  1. THE COMMISSIONER SHALL PROMULGATE SUCH REGU
 LATIONS AS ARE NECESSARY TO IMPLEMENT AND ADMINISTER COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
 2. NO PERSON, ASSOCIATION, LIMITED LIABILITY COMPANY,  CORPORATION  OR
 OTHER  ENTITY  SHALL DISCHARGE, DEMOTE, HARASS OR OTHERWISE TAKE ADVERSE
 ACTIONS  AGAINST  ANY  INDIVIDUAL  BECAUSE  SUCH  INDIVIDUAL  SEEKS  THE
 ENFORCEMENT  OF  THIS  ARTICLE, OR TESTIFIES, ASSISTS OR PARTICIPATES IN
 ANY MANNER IN AN INVESTIGATION, HEARING OR OTHER PROCEEDING  TO  ENFORCE
 THIS ARTICLE.
 3.  NO  ENTITY SHALL PAY AN EMPLOYEE THROUGH A THIRD PARTY OR TREAT AN
 EMPLOYEE AS A SUBCONTRACTOR  OR  INDEPENDENT  CONTRACTOR  TO  AVOID  THE
 REQUIREMENTS OF THIS ARTICLE.
 

S  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to any  economic  development  subsidy
 awarded or renewed on or after such effective date.

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