S T A T E O F N E W Y O R K
________________________________________________________________________
7594--A
I N S E N A T E
April 23, 2010
___________
Introduced by Sens. ADDABBO, PARKER -- read twice and ordered printed,
and when printed to be committed to the Committee on Labor -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16699-03-0