Requires the department of economic development to prepare a report relating to international trade agreements.
TITLE OF BILL: An act to amend the economic development law, in relation to requiring the department of economic development to prepare a report relating to international trade agreements
PURPOSE OR GENERAL IDEA OF BILL: To promote understanding of the impact an international trade agreement will have on the welfare of New York state business, industry, commerce, job market, laws and regulatory authority.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 describes the legislative intent.
§ 2 amends subdivision 47 of section 100 of the economic development law, requiring the Department of Economic Development to produce a report on an international trade agreement. The report shall provide an analysis of the impact the international trade agreement will have on New York State business, industry, commerce, job market, laws and regulatory authority, and an estimate of how much it may cost the state to enforce.
JUSTIFICATION: In 2011 Congress passed three new Free Trade Agreements (FTAs) with South Korea, Panama, and Colombia, with little or no input from state governments. These agreements were wrought with controversy and drew substantial opposition. The International Trade Commission stated that the FTA with South Korea would most likely increase the U.S. trade deficit, and kill more jobs than it aims to create. The non-partisan Economic Policy Institute released figures in 2010 which tied the loss of 682,900 U.S. jobs to the passage of NAFTA.
The FTA with South Korea is the most significant since NAFTA and will basically give South Korean companies a "hunting license" to go after NYS laws they feel are a barrier to market access. The FTA gives more rights to foreign companies to challenge our laws than our own domestic businesses. At this moment in time the European Union (EU) is pushing the U.S. to eliminate carve outs for Minority and Women-owned Business Enterprises (MWBE) and demanding stringent enforcement of provisions contained in the WTO's Government Procurement Agreement (GPA) with state governments.
The Legislature must do everything it its power to preserve the state's constitutional authority under the Tenth Amendment, and ensure that the public is informed and involved in the process. Transparency in trade policy is crucial to protecting the lives and livelihoods of New York State's citizens and keeping our economy strong.
PRIOR LEGISLATIVE HISTORY: 2011-12: A.708C S.2398C/Labor 2011:A.708/Labor, S.2398/Labor 2009-10: A.1268/Labor, S.3350/Labor 2008:A.8567A/Rules, S.4786A/Passed 2007:A.8567A/Rules, S.4788A/Passed
FISCAL IMPLICATIONS: Negligible.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1072--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the economic development law, in relation to requiring the department of economic development to prepare a report relating to international trade agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds and declares that it is necessary to adopt such measures as may best be calculated to promote understanding of the impact international trade agreements will have on the welfare of New York state business, industry and commerce within and outside of the state. S 2. Subdivision 47 of section 100 of the economic development law, as renumbered by chapter 427 of the laws of 2008, is renumbered subdivision 48 and a new subdivision 47 is added to read as follows: 47. TO PREPARE A REPORT TO BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE STATE'S CONGRESSIONAL DELEGATION WITHIN THIRTY DAYS AFTER A REQUEST IS MADE BY FEDERAL OFFICIALS TO ANY STATE OFFICIAL FOR AUTHORITY TO COMMIT THE STATE TO COMPLY WITH THE PROCUREMENT RULES OF AN INTERNATIONAL TRADE AGREEMENT OR FOR SUBMISSION OF STATE ENTITIES OR LAWS THAT SHOULD BE EXEMPTED FROM AN INTERNATIONAL TRADE AGREEMENT, CONSISTING OF FINDINGS AND ANALYSIS DERIVED FROM DATA RECEIVED FROM ANY AGENCY, BUREAU, COMMIS- SION, AUTHORITY, OFFICE OF THE STATE OR ANY POLITICAL SUBDIVISION THERE- OF AND, TO THE EXTENT PRACTICABLE, FROM ANY FEDERAL ENTITY. SUCH REPORT SHALL PROVIDE AN ANALYSIS DESCRIBING THE TERMS OF THE PROPOSED INTERNA- TIONAL TRADE AGREEMENT AND THE IMPACT, IF ANY, SUCH AGREEMENT WOULD HAVE ON THE STATE'S COMMERCE, INDUSTRY, JOB MARKET, LAWS AND REGULATORY AUTHORITY AND TO WHAT EXTENT, IF ANY, THE RESOURCES OF THE STATE WOULD BE UTILIZED IN ENFORCING AND REGULATING THE TERMS OF THE AGREEMENT. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02097-04-3