Senate Bill S2398C

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2012	print number 2398c
Jun 06, 2012	amend (t) and recommit to labor
Jan 04, 2012	referred to labor
Oct 07, 2011	print number 2398b
Oct 07, 2011	amend and recommit to labor
Sep 28, 2011	print number 2398a
Sep 28, 2011	amend (t) and recommit to labor
Jan 19, 2011	referred to labor

Bill Amendments

2011-S2398 - Details

See Assembly Version of this Bill:: A708
Current Committee:: Senate Labor
Law Section:: Economic Development Law
Laws Affected:: Amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1072, A1695
2015-2016: S5426, A4653
2017-2018: S2962

2011-S2398 - Summary

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

2011-S2398 - Sponsor Memo

                                BILL NUMBER:S2398

TITLE OF BILL:
An act
to amend the labor law, in relation to enacting the "jobs and
trade act"

PURPOSE:
To ensure that New York's citizens and the
legislators they
elect have access to information on the impact of international trade
policy on New York State's economy, Also, to clearly establish the
role of the New York State Legislature in setting trade policies for
the state, while helping workers and businesses that have been
impacted by trade.

SUMMARY OF PROVISIONS:
This bill requires the consent
of the state
legislature, not the governor, in order to bind New York to
international trade agreements and establishes Legislative Points of
Contact to serve as official liaisons with the Governor's office and
Federal Government on trade policy. It establishes a labor and trade
enforcement task force within the Department of Labor to analyze the
potential impact of trade proposals to the state, assess the impact of
trade on the state economy and make trade policy recommendations, and

assist local workers, firms and communities on trade matters. This
office will be required to provide annual reports to the Governor and
the Legislature on the impact of trade on New York State and requires
the Governor and Legislature to respond to recommendations for
handling the impact of trade on the state.

JUSTIFICATION:
Recent international trade agreements
have threatened
to erode the traditional degree of autonomy that states have had to
set their own procurement policies by requiring state governments to
treat international suppliers as favorably as they do in-state
suppliers. The New York State Legislature must work to preserve the
state's authority over procurement policy and to ensure that the
public is informed and involved in the discussion process. To protect
the state's economy and its citizens, the state must enact this
legislation. This bill will ensure that the state has continued input
to the trade decisions that affect its economy.
With the growth in globalization and America's increased dependence on
international trade, those trade agreements have a direct impact on
the lives and livelihoods of New York State's citizens. Therefore the
legislature must do everything in its power to ensure that trade
agreements are made which benefit the state's citizens and economy.

LEGISLATIVE HISTORY:

S.4786-A of 2007-08; Passed Senate
S.3350   of 2009-10; Referred to Labor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120 days after it shall have become law, with provisions.

2011-S2398 - Bill Text download pdf

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

                                  2398

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04826-01-1

S. 2398                             2

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;
  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;

S. 2398                             3

  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. 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;

S. 2398                             4

  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.

2011-S2398A - Details

See Assembly Version of this Bill:: A708
Current Committee:: Senate Labor
Law Section:: Economic Development Law
Laws Affected:: Amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1072, A1695
2015-2016: S5426, A4653
2017-2018: S2962

2011-S2398A - Summary

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

2011-S2398A - Sponsor Memo

                                BILL NUMBER:S2398A

TITLE OF BILL:
An act
to amend the legislative law and the executive law, in relation to
establishing the legislative commission on trade enforcement

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that New York's citizens
and the legislators they elect have access to information on the
impact of international trade policy on New York State's economy,
jobs, and laws.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 83-n to
the legislative law, establishing the Legislative Commission on Trade
Enforcement.

Section 1 subdivision 1 defines the legislature's role in procurement
policy and international trade with regards to state laws and the
state's economy.

Section 1 subdivision 2 establishes the Legislative Commission on
Trade Enforcement and tasks it with evaluating trade agreements
submitted by the U.S. Trade Representative (USTR) and received by
the Governor.

Section 1 subdivision 3 states that the commission shall consist of ten
members: 3 appointed by the temporary president of the senate; 3
appointed by the speaker of the assembly; 2 members appointed by the
senate minority leader and; 2 members appointed by the minority
leader of the assembly.

Section 1 subdivision 4 states that upon the evaluation of a trade
agreement the commission shall submit recommendations to the
legislature. The accepted recommendations will then be sent with a
resolution to the Governor, asking him/her to communicate the findings
to the USTR.

Section 1 subdivisions 5-11 outline the powers of the commission.

Section 2 amends the executive law to add a new section, requiring the
Governor to submit to the legislature all documentation and
correspondence received from the USTR regarding a request to bind the
state to a new trade agreement.

JUSTIFICATION:
Recent international trade agreements have threatened
to erode the traditional degree of autonomy that states have had to
create their own procurement policies and laws. The legislature must
work to preserve the state's constitutional authority and to ensure
that the public is informed and involved in the discussion process.

In an increasingly interdependent global economy, free trade
agreements are having a significant impact on the lives and
livelihoods of New York State's citizens. Therefore the legislature


must do everything in its power to ensure that free trade agreements
are made which benefit the state's citizens and economy.

PRIOR LEGISLATIVE HISTORY:
2011:    A.708/Labor, S.2398/Labor
2009-10: A.1268/Labor, S.3350/Labor
2008:    A.8567-A/Rules, S.4786-A/Passed
2007:    A.8567-A/Rules, S.4786-A/Passed

FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become law and shall expire and repeal on the same date
and in the same manner as section 8 of chapter 141 of the laws of
1994 expires and repeals.

2011-S2398A - Bill Text download pdf

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

                                 2398--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the legislative law and the executive law, in relation
  to establishing the legislative commission on trade enforcement

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

  Section  1.    The  legislative law is amended by adding a new section
83-n to read as follows:
  S 83-N. LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT. 1. (A) THE LEGIS-
LATURE HEREBY DETERMINES AND DECLARES  THAT  STATES  HAVE  TRADITIONALLY
ENJOYED  A  LARGE  DEGREE  OF  AUTONOMY TO SET THEIR OWN PROCUREMENT AND
EMPLOYMENT POLICIES UNDER THE UNITED STATES SYSTEM OF FEDERALISM.
  (B) THE LEGISLATURE FURTHER  FINDS  THAT  RECENT  INTERNATIONAL  TRADE
AGREEMENTS  THREATEN TO ERODE THIS TRADITIONAL STATE AUTONOMY BY REQUIR-
ING 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 NECESSARY, AND LIMIT SUPPLIER QUALI-
FICATIONS TO QUALIFICATIONS THAT ARE "ESSENTIAL" TO THE  PERFORMANCE  OF
THE CONTRACT.
  (C)  THE  LEGISLATURE  FURTHER  FINDS THAT IT HAS AN IMPORTANT ROLE IN
PRESERVING STATE AUTHORITY OVER PROCUREMENT POLICY. THESE CRITICAL DECI-
SIONS 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.
  (D) THE LEGISLATURE FURTHER FINDS THAT IT IS  CRITICAL  FOR  CITIZENS,
STATE  AGENCIES,  THE  LEGISLATURE,  AND  OTHER ELECTED OFFICIALS IN THE
STATE TO HAVE ACCESS TO INFORMATION ABOUT HOW  TRADE  AGREEMENTS  IMPACT
STATE  LEGISLATIVE  AUTHORITY,  THE  STATE'S ECONOMY, AND EXISTING STATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04826-05-1

S. 2398--A                          2

LAWS IN ORDER TO PARTICIPATE IN AN INFORMED DEBATE  ABOUT  INTERNATIONAL
TRADE ISSUES.
  (E)  THE  LEGISLATURE  FURTHER  FINDS  THAT THE UNITED STATES CONGRESS
SHOULD PASS LEGISLATION INSTRUCTING THE UNITED  STATES  TRADE  REPRESEN-
TATIVE  TO  FULLY  AND  FORMALLY  CONSULT  INDIVIDUAL STATE LEGISLATURES
REGARDING PROCUREMENT, SERVICES, INVESTMENT, OR ANY OTHER  TRADE  AGREE-
MENT RULES THAT IMPACT STATE LAWS OR AUTHORITY BEFORE NEGOTIATIONS BEGIN
AND  AS  THEY  DEVELOP,  AND  TO SEEK CONSENT FROM STATE LEGISLATURES 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 AGREEMENTS.
  2. A LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT IS HEREBY ESTABLISHED
TO  EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING INTERNATIONAL
TRADE AGREEMENTS RECEIVED FROM THE GOVERNOR. IN  EVALUATING  SAID  TRADE
AGREEMENTS, THE COMMISSION SHALL ANALYZE HOW THE TRADE AGREEMENT IMPACTS
EXISTING  STATE  LAWS AND WHETHER SUCH AGREEMENT CONFLICTS WITH EXISTING
STATE LAWS.
  3. THE COMMISSION SHALL CONSIST OF TEN  MEMBERS  TO  BE  APPOINTED  AS
FOLLOWS: THREE MEMBERS OF THE SENATE SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT  OF  THE  SENATE;  THREE  MEMBERS  OF  THE  ASSEMBLY  SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY;  TWO  MEMBERS  OF  THE  SENATE
SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND TWO MEMBERS
OF  THE ASSEMBLY SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY. FROM AMONG THE MEMBERS SO APPOINTED, A CHAIRMAN AND A VICE CHAIRMAN
SHALL BE DESIGNATED BY THE JOINT ACTION OF THE  TEMPORARY  PRESIDENT  OF
THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY. ANY VACANCY THAT OCCURS IN
THE COMMISSION OR IN THE CHAIRMANSHIP  OR  VICE  CHAIRMANSHIP  SHALL  BE
FILLED  IN  THE  SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIG-
NATION WAS MADE. NO MEMBER, OFFICER, OR EMPLOYEE OF THE COMMISSION SHALL
BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT,  NOR
SHALL  HE  OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS
OR HER APPOINTMENT HEREUNDER,  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY
GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE, OR CITY CHARTER.
  4.  WITHIN  THIRTY  DAYS OF RECEIVING AN INTERNATIONAL TRADE AGREEMENT
FROM THE GOVERNOR, AND AFTER EVALUATING THE TRADE AGREEMENT PURSUANT  TO
SUBDIVISION THREE OF THIS SECTION, THE COMMISSION SHALL SUBMIT ITS FIND-
INGS  AND RECOMMENDATIONS TO THE LEGISLATURE, TOGETHER WITH A RESOLUTION
REQUESTING THAT THE GOVERNOR COMMUNICATE THE LEGISLATURE'S FINDINGS  AND
RECOMMENDATIONS TO THE UNITED STATES TRADE REPRESENTATIVE.
  5.  THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE COMMISSION'S  FUNCTIONS
AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
  6.  EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
THE LEGISLATURE FOR ALL PURPOSES.
  7. IN ADDITION TO THE ABOVE MENTIONED  POWERS,  THE  COMMISSION  SHALL
HAVE  ALL  THE POWERS AND PRIVILEGES OF A LEGISLATIVE COMMITTEE PURSUANT
TO THIS CHAPTER.
  8. FOR THE ACCOMPLISHMENT OF ITS  PURPOSE,  THE  COMMISSION  SHALL  BE
AUTHORIZED  AND  EMPOWERED  TO  UNDERTAKE ANY STUDY, INQUIRY, SURVEY, OR
ANALYSIS IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL  IN  COOPERATION
WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
  9.  THE  COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM ANY DEPARTMENT,
BUREAU, COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY  OF  THE
STATE,  AND  FROM  ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS STATE, SUCH

S. 2398--A                          3

ASSISTANCE AND DATA AS  IT  DEEMS  NECESSARY  OR  DESIRABLE  FOR  PROPER
EXECUTION OF ITS POWERS AND DUTIES.
  10.  THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND SHALL HAVE
THE POWER TO SUBPOENA WITNESSES AND SHALL BE ENTITLED TO ALL RECORDS  OR
DATA IT DEEMS NECESSARY PURSUANT TO THIS CHAPTER.
  11.  THE  MEMBERS  OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S  2.  The executive law is amended by adding a new section 13 to read
as follows:
  S 13. NOTIFICATION TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT.
NOTWITHSTANDING ANY OTHER LAW, UPON  ANY  REQUEST  MADE  BY  THE  UNITED
STATES TRADE REPRESENTATIVE (USTR) TO BIND THE STATE TO AN INTERNATIONAL
TRADE AGREEMENT, THE GOVERNOR SHALL IMMEDIATELY SUBMIT ALL DOCUMENTATION
RECEIVED  FROM  THE USTR TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCE-
MENT. THE GOVERNOR'S SUBMISSION TO THE LEGISLATIVE COMMISSION  ON  TRADE
ENFORCEMENT  SHALL  INCLUDE, BUT NEED NOT BE LIMITED TO, THE TEXT OF THE
TRADE AGREEMENT AND ANY CORRESPONDENCE FROM THE USTR.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law and shall expire and repeal on the same date and in
the same manner as section 8 of chapter 141 of the laws of 1994, expires
and repeals.

2011-S2398B - Details

See Assembly Version of this Bill:: A708
Current Committee:: Senate Labor
Law Section:: Economic Development Law
Laws Affected:: Amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1072, A1695
2015-2016: S5426, A4653
2017-2018: S2962

2011-S2398B - Summary

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

2011-S2398B - Sponsor Memo

                                BILL NUMBER:S2398B

TITLE OF BILL:
An act
to amend the legislative law and the executive law, in relation to
establishing the legislative commission on trade enforcement

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that New York's citizens and the legislators they elect have
access to information on the impact of international trade policy
on New York State's economy, jobs, and laws.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 83-n to the legislative law, establishing
the Legislative Commission on Trade Enforcement.

Section 1 subdivision 1 defines the legislature's role in procurement
policy and international trade with regards to state laws and the
state's economy.

Section 1 subdivision 2 establishes the Legislative Commission on
Trade Enforcement and tasks it with evaluating trade agreements
submitted by the U.S. Trade Representative (USTR) and received by the
Governor.

Section 1 subdivision 3 states that the commission shall consist of

ten members: 3 appointed by the temporary president of the senate;
3 appointed by the speaker of the assembly; 2 members appointed by
the senate minority leader and; 2 members appointed by the minority
leader of the assembly.

Section 1 subdivision 4 states that upon the evaluation of a trade
agreement the commission shall submit recommendations to the legis-
lature. The accepted recommendations will then be sent with a
resolution to the Governor, asking him/her to communicate the findings
to the USTR.

Section 1 subdivisions 5-11 outline the powers of the commission.

Section 2 amends the executive law to add a new section, requiring the
Governor to submit to the legislature all documentation and
correspondence received from the USTR regarding a request to bind the
state to a new trade agreement.

JUSTIFICATION:
Recent international trade agreements have threatened to erode the
traditional degree of autonomy that states have had to create their
own procurement policies and laws. The legislature must work to
preserve the state's constitutional authority and to ensure that the
public is informed and involved in the discussion process.

In an increasingly interdependent global economy, free trade
agreements are having a significant impact on the lives and livelihoods
of New York State's citizens. Therefore the legislature must do
everything in its power to ensure that free trade agreements are made
which benefit the state's citizens and economy.


PRIOR LEGISLATIVE HISTORY:
2011:    A.708/Labor, S.2398/Labor
2009-10: A.1268/Labor, S.3350/Labor
2008:    A.8567-A/Rules, S.4786-A/Passed
2007:    A.8567-A/Rules, S.4786-A/Passed

FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law and shall expire and repeal on the same date and in the
same manner as section 8 of chapter 141 of the laws of 1994 expires
and repeals.

2011-S2398B - Bill Text download pdf

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

                                 2398--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the legislative law and the executive law,  in  relation
  to establishing the legislative commission on trade enforcement

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

  Section 1.  The legislative law is amended by  adding  a  new  section
83-n to read as follows:
  S 83-N. LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT. 1. (A) THE LEGIS-
LATURE  HEREBY  DETERMINES  AND  DECLARES THAT STATES HAVE TRADITIONALLY
ENJOYED A LARGE DEGREE OF AUTONOMY TO  SET  THEIR  OWN  PROCUREMENT  AND
EMPLOYMENT POLICIES UNDER THE UNITED STATES SYSTEM OF FEDERALISM.
  (B)  THE  LEGISLATURE  FURTHER  FINDS  THAT RECENT INTERNATIONAL TRADE
AGREEMENTS THREATEN TO ERODE THIS TRADITIONAL STATE AUTONOMY BY  REQUIR-
ING  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 NECESSARY, AND LIMIT SUPPLIER QUALI-
FICATIONS  TO  QUALIFICATIONS THAT ARE "ESSENTIAL" TO THE PERFORMANCE OF
THE CONTRACT.
  (C) THE LEGISLATURE FURTHER FINDS THAT IT HAS  AN  IMPORTANT  ROLE  IN
PRESERVING STATE AUTHORITY OVER PROCUREMENT POLICY. THESE CRITICAL DECI-
SIONS  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.
  (D)  THE  LEGISLATURE  FURTHER FINDS THAT IT IS CRITICAL FOR CITIZENS,
STATE AGENCIES, THE LEGISLATURE, AND  OTHER  ELECTED  OFFICIALS  IN  THE
STATE  TO  HAVE  ACCESS TO INFORMATION ABOUT HOW TRADE AGREEMENTS IMPACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04826-06-1

S. 2398--B                          2

STATE LEGISLATIVE AUTHORITY, THE STATE'S  ECONOMY,  AND  EXISTING  STATE
LAWS  IN  ORDER TO PARTICIPATE IN AN INFORMED DEBATE ABOUT INTERNATIONAL
TRADE ISSUES.
  (E)  THE  LEGISLATURE  FURTHER  FINDS  THAT THE UNITED STATES CONGRESS
SHOULD PASS LEGISLATION INSTRUCTING THE UNITED  STATES  TRADE  REPRESEN-
TATIVE  TO  FULLY  AND  FORMALLY  CONSULT  INDIVIDUAL STATE LEGISLATURES
REGARDING PROCUREMENT, SERVICES, INVESTMENT, OR ANY OTHER  TRADE  AGREE-
MENT RULES THAT IMPACT STATE LAWS OR AUTHORITY BEFORE NEGOTIATIONS BEGIN
AND  AS  THEY  DEVELOP,  AND  TO SEEK CONSENT FROM STATE LEGISLATURES 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 AGREEMENTS.
  2. A LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT IS HEREBY ESTABLISHED
TO  EXAMINE,  EVALUATE AND MAKE RECOMMENDATIONS CONCERNING INTERNATIONAL
TRADE AGREEMENTS RECEIVED FROM THE GOVERNOR. IN  EVALUATING  SAID  TRADE
AGREEMENTS, THE COMMISSION SHALL ANALYZE HOW THE TRADE AGREEMENT IMPACTS
EXISTING  STATE  LAWS AND WHETHER SUCH AGREEMENT CONFLICTS WITH EXISTING
STATE LAWS.
  3. THE COMMISSION SHALL CONSIST OF TEN  MEMBERS  TO  BE  APPOINTED  AS
FOLLOWS: THREE MEMBERS OF THE SENATE SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT  OF  THE  SENATE;  THREE  MEMBERS  OF  THE  ASSEMBLY  SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY;  TWO  MEMBERS  OF  THE  SENATE
SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND TWO MEMBERS
OF  THE ASSEMBLY SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY. FROM AMONG THE MEMBERS SO APPOINTED, A CHAIRMAN AND A VICE CHAIRMAN
SHALL BE DESIGNATED BY THE JOINT ACTION OF THE  TEMPORARY  PRESIDENT  OF
THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY. ANY VACANCY THAT OCCURS IN
THE COMMISSION OR IN THE CHAIRMANSHIP  OR  VICE  CHAIRMANSHIP  SHALL  BE
FILLED  IN  THE  SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIG-
NATION WAS MADE. NO MEMBER, OFFICER, OR EMPLOYEE OF THE COMMISSION SHALL
BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT,  NOR
SHALL  HE  OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS
OR HER APPOINTMENT HEREUNDER,  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY
GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE, OR CITY CHARTER.
  4.  WITHIN  THIRTY  DAYS OF RECEIVING AN INTERNATIONAL TRADE AGREEMENT
FROM THE GOVERNOR, AND AFTER EVALUATING THE TRADE AGREEMENT PURSUANT  TO
SUBDIVISION  TWO  OF THIS SECTION, THE COMMISSION SHALL SUBMIT ITS FIND-
INGS AND RECOMMENDATIONS TO THE LEGISLATURE, TOGETHER WITH A  RESOLUTION
REQUESTING  THAT THE GOVERNOR COMMUNICATE THE LEGISLATURE'S FINDINGS AND
RECOMMENDATIONS TO THE UNITED STATES TRADE REPRESENTATIVE.
  5. THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL  AS
IT  MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE COMMISSION'S FUNCTIONS
AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
  6. EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES  OF
THE LEGISLATURE FOR ALL PURPOSES.
  7.  IN  ADDITION  TO  THE ABOVE MENTIONED POWERS, THE COMMISSION SHALL
HAVE ALL THE POWERS AND PRIVILEGES OF A LEGISLATIVE  COMMITTEE  PURSUANT
TO THIS CHAPTER.
  8.  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSE, THE COMMISSION SHALL BE
AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDY,  INQUIRY,  SURVEY,  OR
ANALYSIS  IT  MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL IN COOPERATION
WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
  9. THE COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM  ANY  DEPARTMENT,
BUREAU,  COMMISSION,  AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY OF THE
STATE, AND FROM ANY COUNTY, CITY, TOWN OR VILLAGE OF  THIS  STATE,  SUCH

S. 2398--B                          3

ASSISTANCE  AND  DATA  AS  IT  DEEMS  NECESSARY  OR DESIRABLE FOR PROPER
EXECUTION OF ITS POWERS AND DUTIES.
  10.  THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND SHALL HAVE
THE POWER TO SUBPOENA WITNESSES AND SHALL BE ENTITLED TO ALL RECORDS  OR
DATA IT DEEMS NECESSARY PURSUANT TO THIS CHAPTER.
  11.  THE  MEMBERS  OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S  2.  The executive law is amended by adding a new section 13 to read
as follows:
  S 13. NOTIFICATION TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT.
NOTWITHSTANDING ANY OTHER LAW, UPON  ANY  REQUEST  MADE  BY  THE  UNITED
STATES TRADE REPRESENTATIVE (USTR) TO BIND THE STATE TO AN INTERNATIONAL
TRADE AGREEMENT, THE GOVERNOR SHALL IMMEDIATELY SUBMIT ALL DOCUMENTATION
RECEIVED  FROM  THE USTR TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCE-
MENT. THE GOVERNOR'S SUBMISSION TO THE LEGISLATIVE COMMISSION  ON  TRADE
ENFORCEMENT  SHALL  INCLUDE, BUT NEED NOT BE LIMITED TO, THE TEXT OF THE
TRADE AGREEMENT AND ANY CORRESPONDENCE FROM THE USTR.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law and shall expire and repeal on the same date and in
the same manner as section 8 of chapter 141 of the laws of 1994, expires
and repeals.

2011-S2398C (ACTIVE) - Details

See Assembly Version of this Bill:: A708
Current Committee:: Senate Labor
Law Section:: Economic Development Law
Laws Affected:: Amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1072, A1695
2015-2016: S5426, A4653
2017-2018: S2962

2011-S2398C (ACTIVE) - Summary

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

2011-S2398C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2398C

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 once it has been entered
into by the President of the United States. 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
regulatory authority, and an estimate of how much it may cost the
state to enforce.

JUSTIFICATION:
Last year 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-partisan 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:    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.4786A/Passed

FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2398C (ACTIVE) - Bill Text download pdf

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

                                 2398--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
  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
legislation will have on the welfare of New York state business,  indus-
try 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 AN INTERNATIONAL TRADE
AGREEMENT HAS BEEN ENTERED INTO BY THE PRESIDENT OF THE  UNITED  STATES,
CONSISTING  OF FINDINGS AND ANALYSIS DERIVED FROM DATA RECEIVED FROM ANY
AGENCY, BUREAU, COMMISSION, AUTHORITY, OFFICE OF THE STATE OR ANY  POLI-
TICAL  SUBDIVISION  THEREOF  AND,  TO  THE  EXTENT PRACTICABLE, FROM ANY
FEDERAL ENTITY. SUCH REPORT SHALL PROVIDE  AN  ANALYSIS  DESCRIBING  THE
TERMS  OF  THE PROPOSED INTERNATIONAL TRADE AGREEMENT AND THE IMPACT, IF
ANY, SUCH AGREEMENT WOULD HAVE ON THE STATE'S  COMMERCE,  INDUSTRY,  JOB

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04826-13-2

S. 2398--C                          2

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.

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Senate Bill S2398C

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Labor Committee

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