S T A T E   O F   N E W   Y O R K
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                                  8514

                          I N  A S S E M B L Y

                            January 21, 2014
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to  enacting  the  "save  New
  York call center jobs act of 2014"

  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 "save New York call center jobs act of 2014".
  S  2.  The  labor law is amended by adding a new article 21 to read as
follows:
                               ARTICLE 21
                   SAVE NEW YORK CALL CENTER JOBS ACT
SECTION 770. DEFINITIONS.
        771. LIST OF RELOCATED CALL CENTERS.
        772. GRANTS, GUARANTEED LOANS AND TAX BENEFITS.
        773. PROCUREMENT CONTRACTS.
        774. STATE BENEFITS FOR WORKERS.
        775. NO PRIVATE RIGHT OF ACTION.
  S 770. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION  WHEREBY
EMPLOYEES  RECEIVE TELEPHONE CALLS OR OTHER ELECTRONIC COMMUNICATION FOR
THE PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR OTHER SERVICE.
  2. (A) THE TERM "EMPLOYER" MEANS  ANY  BUSINESS  ENTITY  THAT  EMPLOYS
FIFTY OR MORE EMPLOYEES, EXCLUDING PART-TIME EMPLOYEES; OR FIFTY OR MORE
EMPLOYEES  THAT IN THE AGGREGATE WORK AT LEAST FIFTEEN HUNDRED HOURS PER
WEEK, EXCLUDING OVERTIME HOURS, FOR  THE  PURPOSE  OF  STAFFING  A  CALL
CENTER.
  (B)  THE  TERM  "PART-TIME EMPLOYEE" MEANS AN EMPLOYEE WHO IS EMPLOYED
FOR AN AVERAGE OF FEWER THAN TWENTY HOURS  PER  WEEK  OR  WHO  HAS  BEEN
EMPLOYED  FOR  FEWER THAN SIX OF THE TWELVE MONTHS PRECEDING THE DATE ON
WHICH NOTICE IS REQUIRED UNDER THIS ARTICLE.
  S 771. LIST OF RELOCATED CALL CENTERS.  1. A CALL CENTER EMPLOYER THAT
INTENDS TO RELOCATE A CALL CENTER, OR ONE OR MORE FACILITIES OR  OPERAT-
ING UNITS WITHIN A CALL CENTER COMPRISING AT LEAST THIRTY PERCENT OF THE

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

                                                           LBD02435-03-4

A. 8514                             2

CALL  CENTER'S,  OR OPERATING UNIT'S, TOTAL VOLUME WHEN MEASURED AGAINST
THE PREVIOUS TWELVE MONTH AVERAGE CALL VOLUME OF OPERATIONS OR  SUBSTAN-
TIALLY  SIMILAR  OPERATIONS,  FROM  NEW  YORK STATE TO A FOREIGN COUNTRY
SHALL  NOTIFY  THE  COMMISSIONER  AT  LEAST ONE HUNDRED DAYS BEFORE SUCH
RELOCATION.
  2. A CALL CENTER  EMPLOYER  THAT  VIOLATES  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS FOR EACH DAY OF SUCH VIOLATION, EXCEPT THAT THE COMMISSIONER MAY
REDUCE SUCH AMOUNT FOR JUST CAUSE SHOWN.
  3. THE COMMISSIONER SHALL COMPILE A SEMIANNUAL LIST OF ALL CALL CENTER
EMPLOYERS THAT RELOCATE A CALL CENTER, OR  ONE  OR  MORE  FACILITIES  OR
OPERATING  UNITS WITHIN A CALL CENTER COMPRISING AT LEAST THIRTY PERCENT
OF THE CALL CENTER'S TOTAL VOLUME OF OPERATIONS, FROM NEW YORK STATE  TO
A FOREIGN COUNTRY.
  4. THE COMMISSIONER SHALL DISTRIBUTE THE LIST REQUIRED IN THIS SECTION
TO ALL AGENCIES IN THE STATE.
  S  772.  GRANTS,  GUARANTEED  LOANS  AND  TAX  BENEFITS.  1. EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION  AND  NOTWITHSTANDING  ANY
OTHER  PROVISION OF LAW, A CALL CENTER EMPLOYER THAT APPEARS ON THE LIST
DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS ARTICLE SHALL  BE
INELIGIBLE  FOR  ANY  DIRECT  OR INDIRECT STATE GRANTS, STATE GUARANTEED
LOANS, TAX BENEFITS OR OTHER FINANCIAL GOVERNMENTAL SUPPORT FOR A PERIOD
OF FIVE YEARS FROM THE DATE SUCH LIST IS PUBLISHED.
  2. EXCEPT AS  PROVIDED  IN  SUBDIVISION  THREE  OF  THIS  SECTION  AND
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER THAT
APPEARS ON THE LIST DESCRIBED IN SECTION SEVEN  HUNDRED  SEVENTY-ONE  OF
THIS  ARTICLE  SHALL REMIT THE UNAMORTIZED VALUE OF ANY GRANT OR GUARAN-
TEED LOANS, OR ANY TAX BENEFITS OR OTHER  GOVERNMENTAL  SUPPORT  IT  HAS
PREVIOUSLY RECEIVED TO THE COMMISSIONER. THE PROVISIONS OF THIS SUBDIVI-
SION  SHALL  APPLY  TO GRANTS, LOANS, TAX BENEFITS AND FINANCIAL GOVERN-
MENTAL ASSISTANCE THAT IS RECEIVED ON OR AFTER  THE  EFFECTIVE  DATE  OF
THIS ARTICLE.
  3.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE APPROPRIATE AGENCY
PROVIDING A LOAN OR GRANT, MAY  WAIVE  THE  REQUIREMENT  PROVIDED  UNDER
SUBDIVISION  TWO  OF THIS SECTION IF THE EMPLOYER DEMONSTRATES THAT SUCH
REQUIREMENT WOULD:
  (A) THREATEN STATE OR NATIONAL SECURITY;
  (B) RESULT IN SUBSTANTIAL JOB LOSS IN THE STATE OF NEW YORK; OR
  (C) HARM THE ENVIRONMENT.
  S 773. PROCUREMENT CONTRACTS. THE HEAD  OF  EACH  STATE  AGENCY  SHALL
ENSURE  THAT ALL STATE-BUSINESS-RELATED CALL CENTER AND CUSTOMER SERVICE
WORK BE PERFORMED BY STATE CONTRACTORS OR OTHER AGENTS OR SUBCONTRACTORS
ENTIRELY WITHIN THE STATE OF NEW YORK. STATE CONTRACTORS  WHO  CURRENTLY
PERFORM  SUCH  WORK  OUTSIDE  THE STATE OF NEW YORK SHALL HAVE TWO YEARS
FOLLOWING THE EFFECTIVE  DATE  OF  THIS  ARTICLE  TO  COMPLY  WITH  THIS
SECTION;  PROVIDED,  THAT  IF  ANY  SUCH  CONTRACTORS WHICH PERFORM WORK
OUTSIDE THIS STATE ADDS CUSTOMER SERVICE EMPLOYEES WHO WILL PERFORM WORK
ON SUCH CONTRACTS, THOSE NEW EMPLOYEES  SHALL  IMMEDIATELY  BE  EMPLOYED
WITHIN THE STATE OF NEW YORK.
  S  774. STATE BENEFITS FOR WORKERS. NO PROVISION OF THIS ARTICLE SHALL
BE CONSTRUED TO PERMIT WITHHOLDING OR DENIAL OF PAYMENTS,  COMPENSATION,
OR  BENEFITS  UNDER  ANY  OTHER  STATE LAW, INCLUDING BUT NOT LIMITED TO
STATE UNEMPLOYMENT COMPENSATION, DISABILITY PAYMENTS OR WORKER  RETRAIN-
ING  OR  READJUSTMENT FUNDS, TO WORKERS EMPLOYED BY EMPLOYERS THAT RELO-
CATE TO A FOREIGN COUNTRY.

A. 8514                             3

  S 775. NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN  THIS  ARTICLE
SHALL  BE  CONSTRUED AS CREATING, ESTABLISHING, OR AUTHORIZING A PRIVATE
CAUSE OF ACTION BY AN AGGRIEVED  PERSON  AGAINST  AN  EMPLOYER  WHO  HAS
VIOLATED, OR IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.