senate Bill S1072A

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 09 / Jan / 2013
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 09 / Jan / 2013
    • PRINT NUMBER 1072A
  • 20 / May / 2013
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 20 / May / 2013
    • PRINT NUMBER 1072B
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Summary

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

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Bill Details

Versions:
S1072
S1072A
S1072B
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Economic Development Law
Laws Affected:
Amd §100, Ec Dev L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2398C
2009-2010: S3350

Sponsor Memo

BILL NUMBER:S1072A

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 regu-
latory 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-parti-
san 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.

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

                                 1072--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

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