S1935-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S1935-2013 Memo

BILL NUMBER:S1935

TITLE  OF BILL:  An act to amend the labor law, in relation to prohibit-
ing state funding to businesses that outsource jobs

PURPOSE:  Allow State funding when applicable to  those  companies  that
create jobs within New York state, and prohibit financial incentives for
companies that send jobs outside the State.

SUMMARY OF PROVISIONS:

Section  219  of the Labor Law, which details violations of certain wage
payment provisions, is amended.

EXISTING LAW:  None, although efforts have been made  in  the  New  York
State Legislature to address this topic.

JUSTIFICATION:    As  jobs  are  consolidated  and cut, and as companies
recoup profits through different measures, workers will feel the effects
through diminished wages, decreased work hours and loss of  their  posi-
tion  to  lower  paid  workers. outsourcing is an attractable option for
companies looking to cut their costs and it is our intention  to  create
barriers for companies that utilize this option. A company should not be
rewarded  with  state  funding  when they utilize the monies for workers
outside the State.

The local economy often feels the affect of outsourcing for  fewer  jobs
are  available  to  local residents. In turn, quality-of-life i.s dimin-
ished as residents are left without viable forms of employment in  their
local  town, village or county and are thus pressured to seek employment
elsewhere, sometimes outside New York State. In  addition,  more  people
will  seek  food  stamps  and other means of public support to get them-
selves and families by. As outsourcing continues and residents leave the
state, tax monies that can be utilized to create new jobs are  lost  due
to a decline in the number of residents.

The premise of this proposed legislation is simple: keeps jobs and resi-
dents in New York state.

LEGISLATIVE HISTORY:  2011-2012: S.1244 - Referred to Labor

FISCAL IMPLICATIONS:; None expected.

EFFECTIVE  DATE:   This act shall take effect on the first of April next
succeeding the date it shall become a law.

S1935-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1935

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Labor

  AN ACT to amend the labor law, in relation to prohibiting state  funding
    to businesses that outsource jobs

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


    Section 1. The labor law is amended by adding a new section  219-b  to
  read as follows:

    S  219-B.  OUTSOURCING  OF  JOBS  PROHIBITED.  1. FOR PURPOSES OF THIS
  SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

    (A) "OUTSOURCE" SHALL MEAN TO RELOCATE OR MOVE  JOBS  OUTSIDE  OF  THE
  STATE OF NEW YORK TO ANOTHER STATE OR COUNTRY;
    (B)  "STATE  FUNDING"  SHALL MEAN THE PROVISION OF ANY AWARDS, GRANTS,
  LOANS, TAX BENEFITS OR ANY OTHER FINANCIAL ASSISTANCE BY THE STATE TO  A
  BUSINESS ENTITY; AND
    (C)  "BUSINESS ENTITY" SHALL MEAN ANY PERSON, FIRM, CORPORATION, PART-
  NERSHIP, LIMITED LIABILITY COMPANY OR ANY OTHER  BUSINESS  ENTITY  DOING
  BUSINESS  IN  THIS STATE OR A SUCCESSOR, AFFILIATE, ALTER EGO OR SUBSID-
  IARY OF SUCH BUSINESS ENTITY.
    2. NO BUSINESS ENTITY SHALL RECEIVE STATE FUNDING IF  A  DETERMINATION
  IS  MADE  BY  THE COMMISSIONER THAT SUCH BUSINESS ENTITY SHALL OUTSOURCE
  JOBS. UPON A DETERMINATION BY THE COMMISSIONER THAT  A  BUSINESS  ENTITY
  SHALL OUTSOURCE JOBS, THE COMMISSIONER SHALL NOTIFY SUCH BUSINESS ENTITY
  OF SUCH DETERMINATION. UPON RECEIPT OF SUCH NOTICE, SUCH BUSINESS ENTITY
  SHALL  HAVE THIRTY DAYS WITHIN WHICH TO REQUEST A HEARING REGARDING SUCH
  DETERMINATION. SUCH HEARING SHALL BE HELD IN A MANNER TO  BE  DETERMINED
  BY  THE  COMMISSIONER.  FAILURE  TO REQUEST A HEARING WITHIN THIRTY DAYS
  SHALL BE DEEMED A WAIVER OF SUCH BUSINESS ENTITY'S RIGHT TO  A  HEARING.
  IF  AFTER SUCH HEARING A DETERMINATION IS MADE THAT SUCH BUSINESS ENTITY

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01734-02-3

 S. 1935                             2

  HAS OUTSOURCED JOBS OR AFTER EXPIRATION OF SUCH THIRTY  DAY  PERIOD,  NO
  FURTHER STATE FUNDING SHALL BE MADE TO SUCH BUSINESS ENTITY.
    S  2. This act shall take effect on the first of April next succeeding
  the date on which it shall have become a law.