Requires the department of economic development to prepare a report relating to international trade agreements.
- Jun 6, 2012: PRINT NUMBER 2398C
- Jun 6, 2012: AMEND (T) AND RECOMMIT TO LABOR
- Jan 4, 2012: REFERRED TO LABOR
- Oct 7, 2011: PRINT NUMBER 2398B
- Oct 7, 2011: AMEND AND RECOMMIT TO LABOR
- Sep 28, 2011: PRINT NUMBER 2398A
- Sep 28, 2011: AMEND (T) AND RECOMMIT TO LABOR
- Jan 19, 2011: REFERRED TO LABOR
BILL NUMBER:S2398A TITLE OF BILL: An act to amend the legislative law and the executive law, in relation to establishing the legislative commission on trade enforcement PURPOSE OR GENERAL IDEA OF BILL: To ensure that New York's citizens and the legislators they elect have access to information on the impact of international trade policy on New York State's economy, jobs, and laws. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section 83-n to the legislative law, establishing the Legislative Commission on Trade Enforcement. Section 1 subdivision 1 defines the legislature's role in procurement policy and international trade with regards to state laws and the state's economy. Section 1 subdivision 2 establishes the Legislative Commission on Trade Enforcement and tasks it with evaluating trade agreements submitted by the U.S. Trade Representative (USTR) and received by the Governor. Section 1 subdivision 3 states that the commission shall consist of ten members: 3 appointed by the temporary president of the senate; 3 appointed by the speaker of the assembly; 2 members appointed by the senate minority leader and; 2 members appointed by the minority leader of the assembly. Section 1 subdivision 4 states that upon the evaluation of a trade agreement the commission shall submit recommendations to the legislature. The accepted recommendations will then be sent with a resolution to the Governor, asking him/her to communicate the findings to the USTR. Section 1 subdivisions 5-11 outline the powers of the commission. Section 2 amends the executive law to add a new section, requiring the Governor to submit to the legislature all documentation and correspondence received from the USTR regarding a request to bind the state to a new trade agreement. JUSTIFICATION: Recent international trade agreements have threatened to erode the traditional degree of autonomy that states have had to create their own procurement policies and laws. The legislature must work to preserve the state's constitutional authority and to ensure that the public is informed and involved in the discussion process. In an increasingly interdependent global economy, free trade agreements are having a significant impact on the lives and livelihoods of New York State's citizens. Therefore the legislature must do everything in its power to ensure that free trade agreements are made which benefit the state's citizens and economy. PRIOR LEGISLATIVE HISTORY: 2011: A.708/Labor, S.2398/Labor 2009-10: A.1268/Labor, S.3350/Labor 2008: A.8567-A/Rules, S.4786-A/Passed 2007: A.8567-A/Rules, S.4786-A/Passed FISCAL IMPLICATIONS: Negligible. EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law and shall expire and repeal on the same date and in the same manner as section 8 of chapter 141 of the laws of 1994 expires and repeals.
S T A T E O F N E W Y O R K ________________________________________________________________________ 2398--A 2011-2012 Regular Sessions I N SENATE January 19, 2011 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the legislative law and the executive law, in relation to establishing the legislative commission on trade enforcement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. The legislative law is amended by adding a new section 83-n to read as follows:
S 83-N. LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT. 1. (A) THE LEGIS- LATURE HEREBY DETERMINES AND DECLARES THAT STATES HAVE TRADITIONALLY ENJOYED A LARGE DEGREE OF AUTONOMY TO SET THEIR OWN PROCUREMENT AND EMPLOYMENT POLICIES UNDER THE UNITED STATES SYSTEM OF FEDERALISM. (B) THE LEGISLATURE FURTHER FINDS THAT RECENT INTERNATIONAL TRADE AGREEMENTS THREATEN TO ERODE THIS TRADITIONAL STATE AUTONOMY BY REQUIR- ING STATE GOVERNMENTS TO ACCORD FOREIGN SUPPLIERS OF GOODS AND SERVICES TREATMENT NO LESS FAVORABLE THAN THAT AFFORDED TO IN-STATE SUPPLIERS. IN ADDITION, THE AGREEMENTS STIPULATE THAT STATE CONTRACT SPECIFICATIONS MUST NOT BURDEN TRADE ANY MORE THAN NECESSARY, AND LIMIT SUPPLIER QUALI- FICATIONS TO QUALIFICATIONS THAT ARE "ESSENTIAL" TO THE PERFORMANCE OF THE CONTRACT. (C) THE LEGISLATURE FURTHER FINDS THAT IT HAS AN IMPORTANT ROLE IN PRESERVING STATE AUTHORITY OVER PROCUREMENT POLICY. THESE CRITICAL DECI- SIONS SHOULD BE MADE ONLY WITH THE INVOLVEMENT OF THE LEGISLATURE, AND ONLY AFTER THE PUBLIC HAS BEEN ADEQUATELY INFORMED AND HAS OPENLY DEBATED THE ISSUES INVOLVED. (D) THE LEGISLATURE FURTHER FINDS THAT IT IS CRITICAL FOR CITIZENS, STATE AGENCIES, THE LEGISLATURE, AND OTHER ELECTED OFFICIALS IN THE STATE TO HAVE ACCESS TO INFORMATION ABOUT HOW TRADE AGREEMENTS IMPACT STATE LEGISLATIVE AUTHORITY, THE STATE'S ECONOMY, AND EXISTING STATE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04826-05-1 S. 2398--A 2 LAWS IN ORDER TO PARTICIPATE IN AN INFORMED DEBATE ABOUT INTERNATIONAL TRADE ISSUES. (E) THE LEGISLATURE FURTHER FINDS THAT THE UNITED STATES CONGRESS SHOULD PASS LEGISLATION INSTRUCTING THE UNITED STATES TRADE REPRESEN- TATIVE TO FULLY AND FORMALLY CONSULT INDIVIDUAL STATE LEGISLATURES REGARDING PROCUREMENT, SERVICES, INVESTMENT, OR ANY OTHER TRADE AGREE- MENT RULES THAT IMPACT STATE LAWS OR AUTHORITY BEFORE NEGOTIATIONS BEGIN AND AS THEY DEVELOP, AND TO SEEK CONSENT FROM STATE LEGISLATURES IN ADDITION TO GOVERNORS PRIOR TO BINDING STATES TO CONFORM THEIR LAWS TO THE TERMS OF INTERNATIONAL COMMERCIAL AGREEMENTS. SUCH LEGISLATION IS NECESSARY TO ENSURE THE PRIOR INFORMED CONSENT OF THE STATE WITH REGARD TO FUTURE INTERNATIONAL TRADE AND INVESTMENT AGREEMENTS. 2. A LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT IS HEREBY ESTABLISHED TO EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS CONCERNING INTERNATIONAL TRADE AGREEMENTS RECEIVED FROM THE GOVERNOR. IN EVALUATING SAID TRADE AGREEMENTS, THE COMMISSION SHALL ANALYZE HOW THE TRADE AGREEMENT IMPACTS EXISTING STATE LAWS AND WHETHER SUCH AGREEMENT CONFLICTS WITH EXISTING STATE LAWS. 3. THE COMMISSION SHALL CONSIST OF TEN MEMBERS TO BE APPOINTED AS FOLLOWS: THREE MEMBERS OF THE SENATE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; THREE MEMBERS OF THE ASSEMBLY SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO MEMBERS OF THE SENATE SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND TWO MEMBERS OF THE ASSEMBLY SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM- BLY. FROM AMONG THE MEMBERS SO APPOINTED, A CHAIRMAN AND A VICE CHAIRMAN SHALL BE DESIGNATED BY THE JOINT ACTION OF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. ANY VACANCY THAT OCCURS IN THE COMMISSION OR IN THE CHAIRMANSHIP OR VICE CHAIRMANSHIP SHALL BE FILLED IN THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIG- NATION WAS MADE. NO MEMBER, OFFICER, OR EMPLOYEE OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINTMENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE, OR CITY CHARTER. 4. WITHIN THIRTY DAYS OF RECEIVING AN INTERNATIONAL TRADE AGREEMENT FROM THE GOVERNOR, AND AFTER EVALUATING THE TRADE AGREEMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE COMMISSION SHALL SUBMIT ITS FIND- INGS AND RECOMMENDATIONS TO THE LEGISLATURE, TOGETHER WITH A RESOLUTION REQUESTING THAT THE GOVERNOR COMMUNICATE THE LEGISLATURE'S FINDINGS AND RECOMMENDATIONS TO THE UNITED STATES TRADE REPRESENTATIVE. 5. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE COMMISSION'S FUNCTIONS AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR. 6. EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF THE LEGISLATURE FOR ALL PURPOSES. 7. IN ADDITION TO THE ABOVE MENTIONED POWERS, THE COMMISSION SHALL HAVE ALL THE POWERS AND PRIVILEGES OF A LEGISLATIVE COMMITTEE PURSUANT TO THIS CHAPTER. 8. FOR THE ACCOMPLISHMENT OF ITS PURPOSE, THE COMMISSION SHALL BE AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDY, INQUIRY, SURVEY, OR ANALYSIS IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL IN COOPERATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY. 9. THE COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM ANY DEPARTMENT, BUREAU, COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY OF THE STATE, AND FROM ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS STATE, SUCH S. 2398--A 3 ASSISTANCE AND DATA AS IT DEEMS NECESSARY OR DESIRABLE FOR PROPER EXECUTION OF ITS POWERS AND DUTIES. 10. THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND SHALL HAVE THE POWER TO SUBPOENA WITNESSES AND SHALL BE ENTITLED TO ALL RECORDS OR DATA IT DEEMS NECESSARY PURSUANT TO THIS CHAPTER. 11. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. S 2. The executive law is amended by adding a new section 13 to read as follows:
S 13. NOTIFICATION TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT. NOTWITHSTANDING ANY OTHER LAW, UPON ANY REQUEST MADE BY THE UNITED STATES TRADE REPRESENTATIVE (USTR) TO BIND THE STATE TO AN INTERNATIONAL TRADE AGREEMENT, THE GOVERNOR SHALL IMMEDIATELY SUBMIT ALL DOCUMENTATION RECEIVED FROM THE USTR TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCE- MENT. THE GOVERNOR'S SUBMISSION TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE TEXT OF THE TRADE AGREEMENT AND ANY CORRESPONDENCE FROM THE USTR. S 3. This act shall take effect on the sixtieth day after it shall have become a law and shall expire and repeal on the same date and in the same manner as section 8 of chapter 141 of the laws of 1994, expires and repeals.