S T A T E O F N E W Y O R K
________________________________________________________________________
708
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. COLTON, ABBATE, DESTITO, HOYT, CAHILL, JAFFEE,
SPANO, PERRY, SCHIMEL, SCHROEDER, KELLNER, MAISEL, ROBINSON, WRIGHT,
PHEFFER, FINCH, McDONOUGH -- Multi-Sponsored by -- M. of A. BOYLAND,
CALHOUN, CAMARA, GABRYSZAK, GIGLIO, HIKIND, HOOPER, LIFTON, MARKEY,
McENENY, J. MILLER, MILLMAN, REILLY, SWEENEY, TOWNS, WEISENBERG --
read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to enacting the "jobs and
trade 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 and may be cited as
the "jobs and trade act".
S 2. The labor law is amended by adding a new article 21 to read as
follows:
ARTICLE 21
JOBS AND TRADE ACT
SECTION 750. LEGISLATIVE INTENT.
751. ROLE OF THE LEGISLATURE IN TRADE POLICY.
752. LABOR AND TRADE ENFORCEMENT TASK FORCE.
S 750. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY DETERMINES AND
DECLARES THAT:
1. STATES HAVE TRADITIONALLY ENJOYED A LARGE DEGREE OF AUTONOMY TO SET
THEIR OWN PROCUREMENT AND EMPLOYMENT POLICIES UNDER THE U.S. SYSTEM OF
FEDERALISM.
2. RECENT INTERNATIONAL TRADE AGREEMENTS THREATEN TO ERODE THIS TRADI-
TIONAL STATE AUTONOMY BY REQUIRING STATE GOVERNMENTS TO ACCORD FOREIGN
SUPPLIERS OF GOODS AND SERVICES TREATMENT NO LESS FAVORABLE THAN THAT
AFFORDED TO IN-STATE SUPPLIERS. IN ADDITION, THE AGREEMENTS STIPULATE
THAT STATE CONTRACT SPECIFICATIONS MUST NOT BURDEN TRADE ANY MORE THAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04826-01-1
A. 708 2
NECESSARY, AND LIMIT SUPPLIER QUALIFICATIONS TO QUALIFICATIONS THAT ARE
"ESSENTIAL" TO THE PERFORMANCE OF THE CONTRACT.
3. STATE LEGISLATORS HAVE AN IMPORTANT ROLE TO PLAY IN PRESERVING
STATE AUTHORITY OVER PROCUREMENT POLICY. THESE CRITICAL DECISIONS SHOULD
BE MADE ONLY WITH THE INVOLVEMENT OF THE LEGISLATURE, AND ONLY AFTER THE
PUBLIC HAS BEEN ADEQUATELY INFORMED AND HAS OPENLY DEBATED THE ISSUES
INVOLVED.
4. IT IS CRITICAL FOR CITIZENS, STATE AGENCIES, THE LEGISLATURE, AND
OTHER ELECTED OFFICIALS IN THE STATE TO HAVE ACCESS TO INFORMATION ABOUT
HOW TRADE IMPACTS STATE LEGISLATIVE AUTHORITY, THE STATE'S ECONOMY, AND
EXISTING STATE LAWS IN ORDER TO PARTICIPATE IN AN INFORMED DEBATE ABOUT
INTERNATIONAL TRADE ISSUES.
5. IT IS THE SENSE OF THIS LEGISLATURE THAT THE CONGRESS OF THE UNITED
STATES SHOULD PASS LEGISLATION INSTRUCTING THE UNITED STATES TRADE
REPRESENTATIVE (USTR) TO FULLY AND FORMALLY CONSULT INDIVIDUAL STATE
LEGISLATURES REGARDING PROCUREMENT, SERVICES, INVESTMENT, OR ANY OTHER
TRADE AGREEMENT RULES THAT IMPACT STATE LAWS OR AUTHORITY BEFORE NEGOTI-
ATIONS BEGIN AND AS THEY DEVELOP, AND TO SEEK CONSENT FROM STATE LEGIS-
LATURES IN ADDITION TO GOVERNORS PRIOR TO BINDING STATES TO CONFORM
THEIR LAWS TO THE TERMS OF INTERNATIONAL COMMERCIAL AGREEMENTS. SUCH
LEGISLATION IS NECESSARY TO ENSURE THE PRIOR INFORMED CONSENT OF THE
STATE WITH REGARD TO FUTURE INTERNATIONAL TRADE AND INVESTMENT AGREE-
MENTS.
S 751. ROLE OF THE LEGISLATURE IN TRADE POLICY. 1. IT SHALL BE THE
POLICY OF THE STATE THAT APPROVAL FOR THE STATE TO BE BOUND BY ANY TRADE
AGREEMENT REQUIRES THE CONSENT OF THE LEGISLATURE.
2. THE FOLLOWING ACTIONS ARE REQUIRED BEFORE THE STATE SHALL CONSENT
TO THE TERMS OF A TRADE AGREEMENT:
A. WHEN A REQUEST HAS BEEN RECEIVED, THE GOVERNOR, THE TEMPORARY PRES-
IDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY MAY SUBMIT TO THE
LEGISLATURE, ON A DAY ON WHICH BOTH HOUSES ARE IN SESSION, A COPY OF THE
FINAL LEGAL TEXT OF THE AGREEMENT, TOGETHER WITH:
I. A REPORT BY THE LABOR AND TRADE ENFORCEMENT TASK FORCE WHICH SHALL
INCLUDE AN ANALYSIS OF HOW THE AGREEMENT OF THE STATE TO THE SPECIFIC
PROVISIONS OF THE AGREEMENT SHALL CHANGE OR AFFECT EXISTING STATE LAW;
II. A STATEMENT OF ANY ADMINISTRATIVE ACTION PROPOSED TO IMPLEMENT
THESE TRADE AGREEMENT PROVISIONS IN THE STATE; AND
III. A DRAFT OF LEGISLATION AUTHORIZING THE STATE TO SIGN ON TO THE
SPECIFIC LISTED PROVISIONS OF THE AGREEMENT IN QUESTION.
B. A PUBLIC HEARING TO BE CONDUCTED BY THE CHAIRPERSONS OF THE SENATE
AND ASSEMBLY LABOR COMMITTEES, WITH ADEQUATE PUBLIC NOTICE, SHALL OCCUR
BEFORE THE LEGISLATURE VOTES ON THE LEGISLATION; AND
C. THE LEGISLATION AUTHORIZING THE STATE TO SIGN ON TO SPECIFIC LISTED
PROVISIONS OF AN AGREEMENT IS ENACTED INTO LAW.
3. THE ATTORNEY GENERAL SHALL NOTIFY THE USTR OF THE POLICIES ESTAB-
LISHED IN THIS ARTICLE IN WRITING NO LATER THAN DECEMBER THIRTY-FIRST
AND SHALL PROVIDE COPIES OF SUCH NOTICE TO THE TEMPORARY PRESIDENT OF
THE SENATE, SPEAKER OF THE ASSEMBLY, THE GOVERNOR AND THE STATE'S
CONGRESSIONAL DELEGATION.
S 752. LABOR AND TRADE ENFORCEMENT TASK FORCE. 1. THERE SHALL BE
WITHIN THE DEPARTMENT THE LABOR AND TRADE ENFORCEMENT TASK FORCE.
2. THE LABOR AND TRADE ENFORCEMENT TASK FORCE IS DIRECTED TO:
A. MONITOR TRADE NEGOTIATIONS AND DISPUTES IMPACTING THE STATE ECONO-
MY;
A. 708 3
B. ANALYZE PENDING TRADE AGREEMENTS THE STATE IS CONSIDERING SIGNING
AND PROVIDE THE ANALYSIS TO THE GOVERNOR, THE LEGISLATURE AND THE
PUBLIC;
C. PROVIDE TECHNICAL ASSISTANCE TO WORKERS AND FIRMS IMPACTED BY
UNFAIR TRADE PRACTICES;
D. PROVIDE A TRADE IMPACT REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE PUBLIC NO LATER
THAN MARCH THIRTY-FIRST, TWO THOUSAND TWELVE AND ANNUALLY THEREAFTER;
E. PROVIDE ADDITIONAL RESEARCH AND ANALYSIS AS REQUESTED BY THE GOVER-
NOR AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY;
F. SERVE AS THE STATE'S OFFICIAL LIAISONS WITH THE FEDERAL GOVERNMENT
AND AS THE LEGISLATURE'S LIAISONS WITH THE GOVERNOR ON TRADE-RELATED
MATTERS;
G. SERVE AS THE DESIGNATED RECIPIENTS OF FEDERAL REQUESTS FOR CONSENT
OR CONSULTATION REGARDING INVESTMENT, PROCUREMENT, SERVICES OR OTHER
PROVISIONS OF INTERNATIONAL TRADE AGREEMENTS WHICH IMPINGE ON STATE LAW
OR REGULATORY AUTHORITY RESERVED TO THE STATE;
H. TRANSMIT INFORMATION REGARDING FEDERAL REQUESTS FOR CONSENT TO THE
OFFICE OF THE GOVERNOR, THE ATTORNEY GENERAL AND THE CHAIRPERSONS OF THE
SENATE AND ASSEMBLY LABOR COMMITTEES;
I. ISSUE A FORMAL REQUEST TO OTHER APPROPRIATE STATE AGENCIES TO
PROVIDE ANALYSIS OF ALL PROPOSED TRADE AGREEMENTS' IMPACT ON LEGISLATIVE
AUTHORITY AND THE ECONOMY OF THE STATE;
J. INFORM ALL MEMBERS OF THE LEGISLATURE ON A REGULAR BASIS ABOUT
ONGOING TRADE NEGOTIATIONS AND DISPUTE SETTLEMENT PROCEEDINGS WITH
IMPLICATIONS FOR THE STATE MORE GENERALLY;
K. COMMUNICATE THE INTERESTS AND CONCERNS OF THE LEGISLATURE TO THE
USTR REGARDING ONGOING AND PROPOSED TRADE NEGOTIATIONS; AND
L. NOTIFY THE USTR OF THE OUTCOME OF ANY LEGISLATIVE ACTION.
3. EACH ANNUAL TRADE IMPACT REPORT REQUIRED BY THIS SECTION SHALL
INCLUDE:
A. AN AUDIT OF THE AMOUNT OF PUBLIC CONTRACT WORK BEING PERFORMED
OVERSEAS;
B. AN AUDIT OF GOVERNMENT GOODS BEING PROCURED FROM OVERSEAS;
C. A STUDY OF TRADE'S IMPACTS ON STATE AND LOCAL EMPLOYMENT LEVELS,
TAX REVENUES AND RETRAINING AND ADJUSTMENT COSTS;
D. AN ANALYSIS OF THE CONSTRAINTS TRADE RULES PLACE ON STATE REGULATO-
RY AUTHORITY, INCLUDING BUT NOT LIMITED TO THE STATE'S ABILITY TO
PRESERVE THE ENVIRONMENT, PROTECT PUBLIC HEALTH AND SAFETY, AND PROVIDE
HIGH-QUALITY PUBLIC SERVICES; AND
E. FINDINGS AND RECOMMENDATIONS OF SPECIFIC ACTIONS THE STATE SHOULD
TAKE IN RESPONSE TO THE IMPACTS OF TRADE ON THE STATE IDENTIFIED IN THIS
SECTION.
4. SUCH ACTIONS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
A. REVOCATION OF THE STATE'S CONSENT TO BE BOUND BY THE PROCUREMENT
RULES OF INTERNATIONAL TRADE AGREEMENTS;
B. PROHIBITION OF OFFSHORE PERFORMANCE OF STATE CONTRACT WORK AND
PREFERENCES FOR DOMESTIC CONTENT IN STATE PURCHASING;
C. STATE SUPPORT FOR CASES BROUGHT UNDER FEDERAL TRADE LAWS BY RESI-
DENTS OF THE STATE;
D. STATE ADVOCACY FOR REFORM OF TRADE AGREEMENTS AND TRADE LAWS AT THE
FEDERAL LEVEL; AND
E. IMPLEMENTATION OF A HIGH-ROAD GROWTH STRATEGY FORMULATED WITH BUSI-
NESS, LABOR AND COMMUNITY PARTICIPATION.
5. SUCH A STRATEGY MAY INCLUDE, BUT NOT BE LIMITED TO:
A. 708 4
A. MORE EFFECTIVE EARLY WARNING AND LAYOFF AVERSION MEASURES;
B. INCREASED ASSISTANCE AND ADJUSTMENT PROGRAMS FOR DISPLACED WORKERS
AND TRADE-IMPACTED COMMUNITIES;
C. STRONGER STANDARDS AND ACCOUNTABILITY FOR RECIPIENTS OF STATE
SUBSIDIES AND INCENTIVES;
D. INVESTMENTS IN WORKFORCE TRAINING AND DEVELOPMENT;
E. INVESTMENTS IN TECHNOLOGY AND INFRASTRUCTURE; AND
F. INCREASED ACCESS TO CAPITAL FOR LOCAL PRODUCERS.
6. WITHIN THIRTY DAYS OF RECEIPT OF THE ANNUAL TRADE IMPACT REPORT:
A. THE GOVERNOR SHALL REVIEW THE REPORT AND ISSUE A PUBLIC STATEMENT
EXPLAINING WHICH OF THE REPORT'S RECOMMENDATIONS FOR SPECIFIC ACTION THE
GOVERNOR WILL ACT UPON IN THE NEXT THIRTY DAYS, WHETHER THROUGH EXECU-
TIVE ACTION OR PROPOSED LEGISLATION; AND
B. THE LEGISLATURE SHALL REVIEW THE REPORT, HOLD PUBLIC HEARINGS ON
THE REPORT'S RECOMMENDATIONS FOR SPECIFIC ACTION AND INTRODUCE LEGIS-
LATION TO ENACT THOSE RECOMMENDATIONS ACCEPTED BY THE LEGISLATURE.
7. A. THE LABOR AND TRADE ENFORCEMENT TASK FORCE SHALL CONSIST OF
FIFTEEN MEMBERS, ACTING BY A MAJORITY THEREOF, AND COMPOSED OF THE
FOLLOWING: THE COMMISSIONER OF LABOR, FOUR MEMBERS APPOINTED BY THE
GOVERNOR; THREE MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDA-
TION OF THE TEMPORARY PRESIDENT OF THE SENATE; THREE MEMBERS APPOINTED
BY THE GOVERNOR UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY;
TWO MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE NEW
YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS; AND TWO MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION
OF THE BUSINESS COUNCIL.
B. THE TASK FORCE SHALL:
I. ASSESS THE LEGAL AND ECONOMIC IMPACTS OF TRADE AGREEMENTS;
II. PROVIDE INPUT ON THE ANNUAL TRADE IMPACT REPORT;
III. HOLD PUBLIC HEARINGS ON THE IMPACT OF TRADE ON THE STATE AND
COMMUNITIES, AS WELL AS THE IMPACT OF THE ANNUAL TRADE IMPACT REPORT ON
THE STATE; AND
IV. MAKE POLICY RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE, THE
STATE'S CONGRESSIONAL DELEGATION AND U.S. TRADE NEGOTIATORS.
C. THE TASK FORCE SHALL CONVENE QUARTERLY.
D. THE TASK FORCE SHALL APPOINT A CHAIRPERSON FROM AMONG ITS MEMBERS.
E. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICE BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.