Senate Bill S3713

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

                                  3713

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, the  state  finance  law,  the
  general  obligations  law,  the  labor  law  and the executive law, in
  relation to enacting the "New York consumer and worker protection act"

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

  Section  1.  This act shall be known and may be cited as the "New York
consumer and worker protection act".
  S 2. The general business law is amended by adding a new article  24-D
to read as follows:

                              ARTICLE 24-D
               NEW YORK CONSUMER AND WORKER PROTECTION ACT
SECTION 375.   LEGISLATIVE INTENT.
        375-A. NOTICE CONCERNING OUTSOURCING OF JOBS.
        375-B. RATIFICATION OF CERTAIN AGREEMENTS.
  S 375. LEGISLATIVE INTENT. THE LEGISLATURE RECOGNIZES THE NECESSITY TO
STEM  THE  FLOW OF SKILLED AND UNSKILLED LABOR OUT OF NEW YORK STATE, TO
END NEW YORK STATE TAXPAYER SUBSIDIES FOR MOVING AMERICAN JOBS OVERSEAS,
TO PROTECT THE SECURITY OF  SENSITIVE,  PRIVATE  MEDICAL  AND  FINANCIAL
PERSONAL INFORMATION IN ORDER TO PREVENT IDENTITY THEFT AND OTHER FRAUD,
AND  TO  PREVENT  STATE  COMMITMENT TO GOVERNMENT PROCUREMENT AGREEMENTS
WITH FOREIGN COUNTRIES WITHOUT SUBJECTING SUCH AGREEMENTS  TO  RATIFICA-
TION  BY THE LEGISLATURE. IN MANY CASES, CONSUMERS ARE NOT INFORMED THAT
THEIR SENSITIVE PERSONAL INFORMATION IS BEING SENT OVERSEAS. THE  LEGIS-
LATURE FINDS THAT WHILE THE PRACTICE OF OUTSOURCING JOBS MAY ALLOW FIRMS
TO REDUCE COSTS IN THE SHORT TERM, THE COST TO THE STATE OF NEW YORK AND
THE  UNITED STATES IN THE LONG TERM IS DETRIMENTAL TO DOMESTIC TECHNICAL
ADVANCEMENT, JOB OPPORTUNITIES, WAGES AND CONSUMER PROTECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03761-01-1

              

S. 3713                             2

  S 375-A. NOTICE CONCERNING OUTSOURCING OF JOBS.  1.  FOR  PURPOSES  OF
THIS SECTION:
  A.  "OUTSOURCING  JOBS" MEANS TO RELOCATE OR MOVE EMPLOYMENT, JOBS, OR
POSITIONS FROM THE STATE OF NEW YORK OR THE UNITED STATES OR ITS  TERRI-
TORIES TO AN OUTSIDE LOCALITY.
  B.  "MANUFACTURER"  MEANS  A  PERSON,  FIRM  OR CORPORATION ENGAGED IN
MAKING,  CONVERTING,  PROCESSING,  ALTERING,  REPAIRING,  FINISHING   OR
PREPARING ANY CONSUMER PRODUCT FOR SALE TO A CONSUMER.
  C.  "IMPORTER"  MEANS  A  PERSON,  FIRM  OR CORPORATION ENGAGED IN THE
DISTRIBUTION OF ANY CONSUMER PRODUCT FOR SALE OR LEASE TO A CONSUMER  IN
THIS STATE.
  D. "MERCHANT" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN THE SALE,
DISPLAY  OR  OFFERING  FOR  SALE  OF CONSUMER PRODUCTS OR MERCHANDISE AT
RETAIL TO A CONSUMER.
  2. ANY MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT
OR EMPLOYEE THEREOF LICENSED TO DO BUSINESS WITHIN THIS STATE  WHICH  IS
INVOLVED  IN  THE  PRACTICE  OF  OUTSOURCING JOBS OR SERVICES TO FOREIGN
LOCATIONS SHALL DISCLOSE SUCH OUTSOURCING TO ANY CONSUMER DOING BUSINESS
WITH SUCH ENTITY. SUCH SERVICES SHALL INCLUDE PROFESSIONAL AND  CONSUMER
SERVICES,  INCLUDING  BUT  NOT  LIMITED TO, HEALTH, ACCOUNTING, BANKING,
MORTGAGE, AND INCOME TAX PREPARATION.
  3. SUCH MERCHANTS, MANUFACTURERS, FIRMS, CORPORATIONS, ASSOCIATIONS OR
AGENTS OR EMPLOYEES THEREOF  SHALL  CONSPICUOUSLY  POST  THE  DISCLOSURE
REQUIRED BY SUBDIVISION TWO OF THIS SECTION IN THE PLACES OF BUSINESS OF
SUCH ENTITIES AND DISTRIBUTE A WRITTEN DISCLOSURE TO CONSUMERS.
  4.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT BE DEEMED TO ALTER OR
OTHERWISE SUPERSEDE ANY OTHER DISCLOSURE REQUIREMENT IMPOSED BY STATE OR
FEDERAL LAW.
  5. A VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE BOTH A  DECEPTIVE
ACT  AND  FALSE ADVERTISING AND SHALL BE SUBJECT TO THE PENALTIES OTHER-
WISE PRESCRIBED IN ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
  S 375-B. RATIFICATION OF CERTAIN AGREEMENTS. AS  PROVIDED  IN  SECTION
THIRTEEN  OF  THE  EXECUTIVE LAW, THE STATE, THROUGH THE GOVERNOR, SHALL
NOT ENTER INTO OR ADOPT OR SUPPORT ANY MULTI-NATIONAL PROCUREMENT AGREE-
MENT OR AGREE TO AMEND OR RENEW ANY EXISTING MULTI-NATIONAL  PROCUREMENT
AGREEMENT  WITH  ANY  MULTI-NATIONAL  TRADE ORGANIZATION, CORPORATION OR
OTHER BUSINESS ENTITY WITHOUT THE RATIFICATION  BY  THE  LEGISLATURE  OF
SUCH AGREEMENT.
  S  3.  The state finance law is amended by adding a new section 148 to
read as follows:
  S 148. STATE CONTRACTS; OUTSOURCING PROHIBITED. 1. DEFINITIONS.    FOR
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "DEVELOPMENTAL ASSISTANCE"  (1)  SHALL  MEAN  ANY  FORM  OF  PUBLIC
ASSISTANCE,  INCLUDING  TAX EXPENDITURES, MADE FOR THE PURPOSE OF STIMU-
LATING ECONOMIC  DEVELOPMENT  OF  A  CORPORATION,  INDUSTRY,  GEOGRAPHIC
JURISDICTION  OR  ANY OTHER SECTOR OF THE STATE'S ECONOMY, INCLUDING BUT
NOT LIMITED TO INDUSTRIAL DEVELOPMENT  BONDS,  TRAINING  GRANTS,  LOANS,
LOAN  GUARANTEES,  ENTERPRISE  ZONES,  EMPOWERMENT  ZONES, TAX INCREMENT
FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, INFRASTRUCTURE WHOSE PRIN-
CIPAL BENEFICIARY IS A SINGLE BUSINESS OR DEFINED GROUP OF BUSINESSES AT
THE TIME IT IS BUILT OR IMPROVED, MATCHING FUNDS,  TAX  ABATEMENTS,  TAX
CREDITS  AND TAX DISCOUNTS OF EVERY KIND, INCLUDING CORPORATE FRANCHISE,
PERSONAL INCOME, SALES AND COMPENSATING USE, RAW MATERIALS, REAL PROPER-
TY, JOB CREATION, INDIVIDUAL  INVESTMENT,  EXCISE,  UTILITY,  INVENTORY,

S. 3713                             3

ACCELERATED  DEPRECIATION,  AND RESEARCH AND DEVELOPMENT TAX CREDITS AND
DISCOUNTS.
  (2) SHALL NOT INCLUDE:
  (I)  ASSISTANCE  GENERALLY AVAILABLE TO ALL BUSINESSES OR TO A GENERAL
CLASS OF SIMILAR BUSINESSES, SUCH AS A LINE OF BUSINESS, SIZE, LOCATION,
OR SIMILAR GENERAL CRITERIA;
  (II) REDEVELOPMENT PROPERTY POLLUTED AS DEFINED IN  THE  ENVIRONMENTAL
CONSERVATION LAW OR PURSUANT TO FEDERAL LAW, RULES, OR REGULATIONS;
  (III)  ASSISTANCE  PROVIDED  FOR THE SOLE PURPOSE OF RENOVATING OLD OR
DECAYING BUILDING STOCK OR BRINGING SUCH STOCK INTO COMPLIANCE WITH  THE
RELEVANT BUILDING AND FIRE CODES, AND ASSISTANCE PROVIDED FOR DESIGNATED
HISTORIC PRESERVATION DISTRICTS, PROVIDED THAT SUCH ASSISTANCE IN EITHER
CASE IS EQUAL TO OR LESS THAN FIFTY PERCENT OF THE TOTAL COST;
  (IV) ASSISTANCE FOR HOUSING;
  (V) ASSISTANCE FOR POLLUTION CONTROL OR ABATEMENT;
  (VI) ASSISTANCE FOR ENERGY CONSERVATION;
  (VII) TAX REDUCTIONS RESULTING FROM CONFORMITY WITH FEDERAL TAX LAW;
  (VIII) WORKERS' COMPENSATION AND UNEMPLOYMENT COMPENSATION;
  (IX) BENEFITS DERIVED FROM REGULATION;
  (X)  ASSISTANCE  FOR  COLLABORATION  BETWEEN  AN INSTITUTION OF HIGHER
EDUCATION WITHIN THE STATE AND A BUSINESS;
  (XI) GENERAL CHANGES IN TAX INCREMENT FINANCING LAW AND OTHER  GENERAL
TAX LAW CHANGES OF A PRINCIPALLY TECHNICAL NATURE;
  (XII)  FEDERAL ASSISTANCE UNTIL SUCH ASSISTANCE HAS BEEN REPAID TO AND
REINVESTED BY THE STATE OR A MUNICIPAL AGENCY; AND
  (XIII) FEDERAL LOAN FUNDS PROVIDED THROUGH THE UNITED  STATES  DEPART-
MENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION.
  B.  "OUTSOURCING  JOBS" MEANS TO RELOCATE OR MOVE EMPLOYMENT, JOBS, OR
POSITIONS FROM THE STATE OF NEW YORK OR THE UNITED STATES OR ITS  TERRI-
TORIES TO AN OUTSIDE LOCALITY.
  2.  THE  STATE AND ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR
PUBLIC BENEFIT CORPORATION OF THE STATE SHALL NOT ENGAGE IN THE PRACTICE
OF OUTSOURCING JOBS AND SHALL NOT CONTRACT FOR ANY PURPOSE, IN ANY FORM,
WITH ANY ENTITY WHICH ENGAGES IN THE PRACTICE OF OUTSOURCING  JOBS  WHEN
STATE FUNDS ARE USED FOR SUCH JOBS OR SERVICES.
  3. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS HERE-
AFTER MADE OR AWARDED BY THE STATE, OR ANY PUBLIC DEPARTMENT OR OFFICIAL
THEREOF,  PROHIBITING ANY CONTRACTOR, TO WHOM ANY CONTRACT SHALL BE LET,
GRANTED OR AWARDED, AS REQUIRED BY LAW, FROM OUTSOURCING JOBS.   IF  ANY
CONTRACTOR,  TO  WHOM ANY CONTRACT IS HEREAFTER LET, GRANTED OR AWARDED,
AS REQUIRED BY LAW, BY THE STATE, OR BY ANY PUBLIC DEPARTMENT  OR  OFFI-
CIAL  THEREOF,  SHALL  OUTSOURCE JOBS AS PROHIBITED BY THIS SECTION, THE
STATE SHALL REVOKE AND  ANNUL  SUCH  CONTRACT,  AND  THE  STATE,  PUBLIC
DEPARTMENT  OR  OFFICER,  AS  THE  CASE  MAY  BE,  SHALL BE RELIEVED AND
DISCHARGED FROM ANY AND ALL LIABILITY AND  OBLIGATIONS  GROWING  OUT  OF
SUCH CONTRACT, AND SHALL FORFEIT AND LOSE ALL MONEYS, THERETOFORE EARNED
UNDER  SUCH CONTRACT EXCEPT SO MUCH AS MAY BE REQUIRED TO PAY HIS OR HER
EMPLOYEES.
  4. NO CONTRACTOR THAT RECEIVES DEVELOPMENTAL ASSISTANCE FROM THE STATE
SHALL ENGAGE IN THE PRACTICE OF OUTSOURCING  JOBS.  IF  SUCH  CONTRACTOR
ENGAGES  IN  SUCH PROHIBITED PRACTICE, SUCH CONTRACTOR SHALL RETURN SUCH
ASSISTANCE TO THE STATE. ANY CONTRACTOR THAT VIOLATES THE PROVISIONS  OF
THIS  SECTION SHALL NOT RECEIVE ANY STATE DEVELOPMENTAL ASSISTANCE FOR A
PERIOD OF FIVE YEARS FROM THE DATE OF THE LATEST VIOLATION  OR  DETERMI-
NATION OF VIOLATION OF THIS SECTION, WHICHEVER IS LATER.

S. 3713                             4

  5. ANY BUSINESS ENTITY THAT RECEIVES DEVELOPMENTAL ASSISTANCE FROM THE
STATE SHALL SUBMIT AN ANNUAL REPORT TO THE ATTORNEY GENERAL AND GRANTING
AGENCY STATING THE AMOUNT OF SUCH DEVELOPMENTAL ASSISTANCE RECEIVED, THE
AMOUNT  OF EMPLOYMENT BY SUCH BUSINESS ENTITY GAINED OR LOST IN NEW YORK
OVER  THE  COURSE  OF  THE YEAR, WHAT SUCH DEVELOPMENTAL ASSISTANCE WENT
TOWARDS, AND ANY OTHER DATA  THE  ATTORNEY  GENERAL  MAY  REQUIRE.  SUCH
REPORT SHALL BE SUBMITTED ON OR BEFORE FEBRUARY FIRST OF EACH YEAR.
  6.  EACH  REPORT  SHALL  BE  MADE AVAILABLE TO THE PUBLIC IN AN EASILY
ACCESSIBLE FORMAT, INCLUDING BUT NOT LIMITED TO  AN  ELECTRONIC  VERSION
VIA THE WORLD WIDE WEB.
  S  4.  The  general obligations law is amended by adding a new section
5-707 to read as follows:
  S 5-707. CONSENT TO TRANSMISSION OF PERSONAL INFORMATION. 1. NO CORPO-
RATION OR OTHER BUSINESS ENTITY SHALL SELL, SHARE, TRANSFER OR OTHERWISE
DISCLOSE NONPUBLIC PERSONAL INFORMATION TO  OR  WITH  ANY  NONAFFILIATED
THIRD  PARTIES WHICH ARE LOCATED OUTSIDE THE UNITED STATES OR ITS TERRI-
TORIES WITHOUT THE PRIOR WRITTEN CONSENT OF THE  CONSUMER  TO  WHOM  THE
NONPUBLIC PERSONAL INFORMATION RELATES.
  2. FOR PURPOSES OF THIS SECTION:
  A.  "NONAFFILIATED THIRD PARTY" MEANS ANY ENTITY THAT IS NOT AN AFFIL-
IATE OF, OR RELATED BY  COMMON  OWNERSHIP  OR  AFFILIATED  BY  CORPORATE
CONTROL  WITH,  THE  FINANCIAL INSTITUTION, BUT DOES NOT INCLUDE A JOINT
EMPLOYEE OF THAT INSTITUTION AND A THIRD PARTY.
  B. "CONSUMER" MEANS AN INDIVIDUAL RESIDENT  OF  THIS  STATE,  OR  THAT
INDIVIDUAL'S  LEGAL  REPRESENTATIVE,  WHO OBTAINS OR HAS OBTAINED FROM A
FINANCIAL INSTITUTION A FINANCIAL PRODUCT OR SERVICE TO BE USED PRIMARI-
LY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.  FOR  PURPOSES  OF  THIS
SECTION,  AN  INDIVIDUAL  RESIDENT  OF  THIS STATE IS SOMEONE WHOSE LAST
KNOWN MAILING ADDRESS, OTHER THAN AN ARMED FORCES POST OFFICE  OR  FLEET
POST  OFFICE  ADDRESS, AS SHOWN IN THE RECORDS OF THE FINANCIAL INSTITU-
TION, IS LOCATED IN THIS STATE. FOR PURPOSES OF THIS SECTION,  AN  INDI-
VIDUAL IS NOT A CONSUMER OF A FINANCIAL INSTITUTION SOLELY BECAUSE HE OR
SHE IS (I) A PARTICIPANT OR BENEFICIARY OF AN EMPLOYEE BENEFIT PLAN THAT
A FINANCIAL INSTITUTION ADMINISTERS OR SPONSORS, OR FOR WHICH THE FINAN-
CIAL  INSTITUTION  ACTS AS A TRUSTEE, INSURER OR FIDUCIARY, (II) COVERED
UNDER A GROUP OR BLANKET INSURANCE  POLICY  OR  GROUP  ANNUITY  CONTRACT
ISSUED  BY  THE FINANCIAL INSTITUTION, (III) A BENEFICIARY IN A WORKERS'
COMPENSATION PLAN, (IV) A BENEFICIARY OF A TRUST FOR WHICH THE FINANCIAL
INSTITUTION IS A TRUSTEE OR (V) A PERSON WHO HAS DESIGNATED  THE  FINAN-
CIAL  INSTITUTION  AS  TRUSTEE  FOR A TRUST, PROVIDED THAT THE FINANCIAL
INSTITUTION PROVIDES ALL REQUIRED NOTICES REQUIRED BY  THIS  SECTION  TO
THE PLAN SPONSOR, GROUP OR BLANKET INSURANCE POLICYHOLDER OR GROUP ANNU-
ITY CONTRACT HOLDER.
  C.  "NONPUBLIC  PERSONAL  INFORMATION"  MEANS  PERSONALLY IDENTIFIABLE
INFORMATION (I) PROVIDED BY A CONSUMER OR (II) RESULTING FROM ANY TRANS-
ACTION WITH THE CONSUMER OR ANY  SERVICE  PERFORMED  FOR  THE  CONSUMER.
NONPUBLIC  PERSONAL  INFORMATION  DOES  NOT  INCLUDE  PUBLICLY AVAILABLE
INFORMATION WHERE THERE IS A  REASONABLE  BASIS  TO  BELIEVE  THAT  SUCH
INFORMATION IS LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC FROM FEDER-
AL,  STATE  OR  LOCAL  GOVERNMENT  RECORDS,  WIDELY DISTRIBUTED MEDIA OR
DISCLOSURES TO THE GENERAL PUBLIC THAT ARE REQUIRED TO BE MADE BY FEDER-
AL, STATE OR LOCAL LAW. NONPUBLIC PERSONAL INFORMATION SHALL INCLUDE ANY
LIST, DESCRIPTION OR OTHER GROUPING OF CONSUMERS, AND PUBLICLY AVAILABLE
INFORMATION PERTAINING TO THEM, THAT  IS  DERIVED  USING  ANY  NONPUBLIC
PERSONAL  INFORMATION  OTHER  THAN  PUBLICLY  AVAILABLE INFORMATION, BUT
SHALL NOT INCLUDE ANY LIST, DESCRIPTION OR OTHER GROUPING OF  CONSUMERS,

S. 3713                             5

AND PUBLICLY AVAILABLE INFORMATION PERTAINING TO SUCH CONSUMERS, THAT IS
DERIVED WITHOUT USING ANY NONPUBLIC PERSONAL INFORMATION.
  S 5. The labor law is amended by adding a new section 201-g to read as
follows:
  S  201-G.  NOTICE OF OUTSOURCING; PROHIBITED REPLACEMENT TRAINING.  1.
FOR PURPOSES OF THIS SECTION, "OUTSOURCING JOBS" MEANS  TO  RELOCATE  OR
MOVE  EMPLOYMENT,  JOBS,  OR  POSITIONS FROM THE STATE OF NEW YORK TO AN
OUTSIDE LOCALITY OTHER THAN A LOCALITY LOCATED WITHIN THE UNITED  STATES
OR ITS TERRITORIES.
  2.  ANY  EMPLOYER THAT ENGAGES OR IS PLANNING ON ENGAGING IN THE PRAC-
TICE OF OUTSOURCING JOBS WHICH ARE WITHIN NEW YORK STATE TO  A  LOCATION
OUTSIDE  THE UNITED STATES OR ITS TERRITORIES SHALL PROVIDE ITS AFFECTED
EMPLOYEES WITH AT LEAST ONE HUNDRED EIGHTY DAYS NOTICE IMMEDIATELY PRIOR
TO SUCH OUTSOURCING. THE NOTICE REQUIRED BY THIS SECTION SHALL  ALSO  BE
PROVIDED  TO THE DEPARTMENT AT LEAST ONE HUNDRED EIGHTY DAYS IMMEDIATELY
PRIOR TO SUCH OUTSOURCING.
  3. ANY EMPLOYEE DISPLACED BY THE PRACTICE OF  OUTSOURCING  JOBS  SHALL
NOT  BE  REQUIRED,  AS A CONDITION OF RECEIPT OF SEVERANCE PAY, TO TRAIN
EMPLOYEES OUTSIDE THE UNITED STATES OR ITS TERRITORIES WHO ARE REPLACING
SUCH DISPLACED EMPLOYEE.
  4. ANY EMPLOYER FOUND TO BE IN VIOLATION  OF  THIS  SECTION  SHALL  BE
SUBJECT  TO  THE PENALTIES OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTI-
CLE.
  S 6. The executive law is amended by adding a new section 13  to  read
as follows:
  S  13.  PROCUREMENT  AGREEMENTS BETWEEN THE GOVERNOR AND MULTINATIONAL
ORGANIZATIONS. NOTWITHSTANDING ANY OTHER LAW,  THE  STATE,  THROUGH  THE
GOVERNOR,  SHALL  NOT  ENTER  INTO OR ADOPT OR SUPPORT ANY MULTINATIONAL
PROCUREMENT AGREEMENT OR AGREE TO AMEND OR RENEW ANY  EXISTING  MULTINA-
TIONAL  PROCUREMENT AGREEMENT WITH ANY MULTINATIONAL TRADE ORGANIZATION,
CORPORATION OR OTHER BUSINESS ENTITY WITHOUT RATIFICATION BY THE  LEGIS-
LATURE  OF  SUCH AGREEMENT.  ANY SUCH AGREEMENT SHALL BE DEEMED RATIFIED
BY THE LEGISLATURE AFTER THE GOVERNOR'S CERTIFICATION TO  THE  TEMPORARY
PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE SECRETARY
OF STATE, THAT SUCH CONTRACT, THROUGH ITS TERMS, BETWEEN THE  STATE  AND
THE  MULTINATIONAL  TRADE  ORGANIZATION,  CORPORATION  OR OTHER BUSINESS
ENTITY BY STATUTE, BY EXECUTIVE ORDER, OR BY  THE  TERMS  OF  ANY  OTHER
AGREEMENT ENTERED INTO BY OR ON BEHALF OF SUCH ORGANIZATION, CORPORATION
OR  OTHER  BUSINESS  ENTITY,  PROVIDES ASSURANCE THAT SUCH MULTINATIONAL
TRADE ORGANIZATION, CORPORATION OR OTHER BUSINESS ENTITY WILL ADHERE  TO
AND  CARRY  OUT  THE  PROVISIONS  OF  SUCH  AGREEMENT  PURSUANT  TO  THE
PROVISIONS OF ARTICLE TWENTY-FOUR-D OF THE GENERAL BUSINESS LAW, SECTION
ONE HUNDRED FORTY-EIGHT OF THE STATE FINANCE LAW, SECTION 5-707  OF  THE
GENERAL OBLIGATIONS LAW, AND SECTION TWO HUNDRED ONE-G OF THE LABOR LAW,
AND  UPON  A  MAJORITY  VOTE  BY  THE SENATE AND ASSEMBLY APPROVING SUCH
AGREEMENT.
  S 7. Nothing in this act shall be construed  to  impede,  infringe  or
diminish  the integrity of collective bargaining agreements in existence
and effect on the effective date of this act. Nothing in this act  shall
be  construed  to impede, infringe or diminish any agreement or contract
provisions in existence and effect on the effective date of this act.
  S 8. If any item, clause, sentence, subparagraph, paragraph,  subdivi-
sion, section, or any other part of this act, or the application thereof
to  any  person  or  circumstances,  is held to be invalid, such holding
shall not affect, impair, or invalidate the remainder of this act, or of
the application of such section or part of a section  held  invalid,  to

S. 3713                             6

any  other  person or circumstances, but shall be confined in its opera-
tion to the item, clause, sentence,  subparagraph,  paragraph,  subdivi-
sion, section, or other part of this act directly involved in such hold-
ing, or to the person and circumstances therein involved.
  S 9. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law and shall apply to agreements or contracts
entered into on or after such date.