senate Bill S1244

2011-2012 Legislative Session

Prohibits state funding to business entities that outsource jobs

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Jan 06, 2011 referred to labor

Co-Sponsors

S1244 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add ยง219-b, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7594A

S1244 - Bill Texts

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Prohibits state funding to business entities that outsource jobs.

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BILL NUMBER:S1244

TITLE OF BILL:
An act
to amend the labor law, in relation to prohibiting 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 position 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
diminished 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 themselves 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
residents in New York state.

LEGISLATIVE HISTORY:
2010: S.7594 - 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.

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

                                  1244

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. ADDABBO, PARKER -- 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
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.
                                                           LBD02026-01-1

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