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

                                  7733

                            I N  S E N A T E

                               May 5, 2010
                               ___________

Introduced  by  Sen. PERALTA -- 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 establishing the  "minimum
  standards for subsidized jobs act"

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

  Section 1. Short title. This act shall be known as the "minimum stand-
ards for subsidized jobs act".
  S 2. Legislative findings and purpose. The  legislature  hereby  finds
and declares that:
  (a)  Every  year,  New York state awards money in economic development
subsidies to for-profit businesses.
  (b) When government invests  in  economic  development,  it  makes  no
economic  sense to support the creation or promotion of jobs that do not
give workers the chance to earn a decent living.
  (c) When state-subsidized jobs provide low wages  and  poor  benefits,
they increase the need for government services, including public assist-
ance for food, housing, health care, and child care.
  The  purpose  of  this act is to improve the effectiveness of economic
development  expenditures,  take  pressure  off  state  social  services
programs,  and  improve  the  public health and welfare by ensuring that
major state subsidies are used to support at least minimum living stand-
ards for working families.
  S 3. The labor law is amended by adding a new article 19-C to read  as
follows:

                              ARTICLE 19-C
                MINIMUM STANDARDS FOR SUBSIDIZED JOBS ACT
SECTION 695. DEFINITION.
        696. MINIMUM STANDARDS FOR WAGES AND BENEFITS.
        697. ENFORCEMENT.
  S 695. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
SUBSIDY"  MEANS ANY EXPENDITURE OF PUBLIC FUNDS WITH A VALUE OF AT LEAST
ONE HUNDRED THOUSAND DOLLARS FOR THE  PURPOSE  OF  STIMULATING  ECONOMIC

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

                                                           LBD00115-07-0

S. 7733                             2

DEVELOPMENT  WITHIN  THE  STATE,  INCLUDING  BUT  NOT  LIMITED TO BONDS,
GRANTS, LOANS, LOAN GUARANTEES, ENTERPRISE ZONES, EMPOWERMENT ZONES, TAX
INCREMENT FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, MATCHING  FUNDS,
TAX ABATEMENTS, TAX EXEMPTIONS AND TAX CREDITS.
  S 696. MINIMUM STANDARDS FOR WAGES AND BENEFITS. 1. NO PERSON, ASSOCI-
ATION,  LIMITED  LIABILITY COMPANY, CORPORATION OR OTHER ENTITY SHALL BE
ELIGIBLE TO RECEIVE ANY ECONOMIC DEVELOPMENT SUBSIDY UNLESS IT:
  (A) PAYS ALL ITS EMPLOYEES IN THE STATE A  MINIMUM  WAGE  THAT  IS  AT
LEAST  ONE  DOLLAR  PER  HOUR  HIGHER  THAN  THE STATE'S MINIMUM WAGE AS
PROVIDED BY THIS CHAPTER.
  (B) OFFERS TO AT LEAST TWENTY PERCENT OF ITS WORKERS IN  THE  STATE  A
WORKER  TRAINING  PROGRAM  THAT  MEETS  MINIMUM  STANDARDS ISSUED BY THE
COMMISSIONER.
  (C) HAS NOT BEEN ADJUDICATED TO BE IN VIOLATION OF ANY FEDERAL,  STATE
OR LOCAL LAWS FOR AT LEAST THE PRIOR FIVE YEARS.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
  (A)  A  NOT-FOR-PROFIT ENTITY THAT IS EXEMPT FROM TAXATION PURSUANT TO
STATE OR FEDERAL LAW.
  (B) AN INTERN OR TRAINEE WHO IS UNDER TWENTY-ONE YEARS OF AGE AND  WHO
IS EMPLOYED FOR A PERIOD OF NOT LONGER THAN THREE MONTHS.
  3.  IF  THE  COMMISSIONER  DETERMINES THAT APPLICATION OF THIS ARTICLE
WOULD CONFLICT WITH A FEDERAL  PROGRAM  REQUIREMENT,  THE  COMMISSIONER,
AFTER  NOTICE  AND  PUBLIC HEARING, MAY GRANT A WAIVER FROM THE REQUIRE-
MENTS OF THIS ARTICLE.
  S 697. ENFORCEMENT. 1. THE COMMISSIONER SHALL  PROMULGATE  SUCH  REGU-
LATIONS AS ARE NECESSARY TO IMPLEMENT AND ADMINISTER COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE.
  2.  NO  PERSON, ASSOCIATION, LIMITED LIABILITY COMPANY, CORPORATION OR
OTHER ENTITY SHALL DISCHARGE, DEMOTE, HARASS OR OTHERWISE  TAKE  ADVERSE
ACTIONS  AGAINST  ANY  INDIVIDUAL  BECAUSE  SUCH  INDIVIDUAL  SEEKS  THE
ENFORCEMENT OF THIS ARTICLE, OR TESTIFIES, ASSISTS  OR  PARTICIPATES  IN
ANY  MANNER  IN AN INVESTIGATION, HEARING OR OTHER PROCEEDING TO ENFORCE
THIS ARTICLE.
  3. NO ENTITY SHALL PAY AN EMPLOYEE THROUGH A THIRD PARTY OR  TREAT  AN
EMPLOYEE  AS  A  SUBCONTRACTOR  OR  INDEPENDENT  CONTRACTOR TO AVOID THE
REQUIREMENTS OF THIS ARTICLE.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law and shall apply to any economic development subsidy
awarded or renewed on or after such effective date.