Senate Bill S1072B

                                BILL NUMBER:S1072

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:


2011-12: A.708C  S.2398C/Labor
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.

                                BILL NUMBER:S1072A

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. 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 regu-
latory authority, and an estimate of how much it may cost the  state  to
enforce.

JUSTIFICATION:   In 2011 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-parti-
san  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:       2011-12:   A.708C   S.2398C/Labor
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.4788A/Passed

FISCAL IMPLICATIONS: Negligible.

EFFECTIVE DATE:  This act shall take effect immediately.