senate Bill S1935

2013-2014 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 08, 2014 referred to labor
Jan 09, 2013 referred to labor

S1935 - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add ยง219-b, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1244
2009-2010: S7594A

S1935 - Bill Texts

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Prohibits state funding to business entities that outsource jobs.

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BILL NUMBER:S1935

TITLE OF BILL: An act to amend the labor law, in relation to prohibit-
ing 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 posi-
tion 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 dimin-
ished 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 them-
selves 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 resi-
dents in New York state.

LEGISLATIVE HISTORY: 2011-2012: S.1244 - 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
________________________________________________________________________

                                  1935

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01734-02-3

S. 1935                             2

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.

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