S2398A-2011 - NY Senate Open Legislation - Relates to a legislative commission on trade enforcement

Requires the department of economic development to prepare a report relating to international trade agreements.

Sponsor: MAZIARZ Committee: LABOR
Law Section: Legislative Law
Law: Add Art 21 SS750 - 752, Lab L

S2398A-2011 Actions

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

S2398A-2011 Memo

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.

S2398A-2011 Text


                      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.

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S2398A-2011: Relates to a legislative commission on trade enforcement

S2398A-2011 Actions

S2398A-2011 Memo

S2398A-2011 Text

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