NY State Senate Bill 2017-S2962

Senate Bill S2962

2017-2018 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 Commerce, Economic Development And Small Business 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to commerce, economic development and small business
Jan 18, 2017	referred to commerce, economic development and small business

2017-S2962 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Economic Development Law
Laws Affected:: Amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2398
2013-2014: S1072
2015-2016: S5426

2017-S2962 (ACTIVE) - Summary

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

2017-S2962 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2962

 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 in 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 a request is made by
federal officials to any state official for the authority to commit
the state to comply with the procurement rules of an international
trade agreement or for submission of state entities or laws that
should be exempted from an international trade agreement. If no such
request is made, the report shall be produced one year after notice is
provided to congress with respect to initiating negotiation for a new
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 regulatory authority, and an
estimate of how much it may cost the state to enforce.

 JUSTIFICATION :

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.
While NAFTA can be attributed to the creation of 46,000 jobs in New
York State between 1993 and 2003, it has also led to the loss of
103,000 jobs in the state during the same period. NAFTA and other free
trade agreements (FTAs) have taken quite a toll on New York State's
manufacturing and agricultural sectors, while boosting the state's
financial sector. The uneven effects of free trade on the state have
created vast disparities in employment and wages from region to
region.

In 2011 the U.S. Congress passed three new 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 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 PTA gives more
rights to foreign companies to challenge our laws than our own
domestic businesses. At this moment in time the European Union (El')
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.

Transparency in trade policy is crucial to protecting the lives and
livelihoods of New York State's citizens and keeping our economy
strong. The international trade division of Empire State Development
and other relevant state agencies should be tasked with evaluating
trade agreements to assess their effects on New York state business,
industry, commerce, job market, laws- and regulatory authority. If we
are to pressure our federal representatives into formulating trade
deals with New Yorkers' interests in mind, the Legislature must do
everything in it its power to ensure that the public is informed and
involved in the process.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.5426
2013-14: A.1695-A/Passed; S.1072-8/COMMERCE, ECONOMIC DEVELOPMENT AND
SMALL BUSINESS
2012: A.708-D/Passed; S.2398-D/Labor
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 immediately.

2017-S2962 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2962
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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
 agreements will have on the welfare of New York state business, industry
 and commerce within and outside of the state.
   § 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 A REQUEST IS MADE BY
 FEDERAL OFFICIALS TO ANY STATE OFFICIAL  FOR  AUTHORITY  TO  COMMIT  THE
 STATE  TO  COMPLY  WITH  THE PROCUREMENT RULES OF AN INTERNATIONAL TRADE
 AGREEMENT OR FOR SUBMISSION OF STATE ENTITIES OR  LAWS  THAT  SHOULD  BE
 EXEMPTED  FROM AN INTERNATIONAL TRADE AGREEMENT OR IF NO SUCH REQUEST IS
 MADE, WITHIN ONE YEAR AFTER NOTICE IS PROVIDED TO CONGRESS WITH  RESPECT
 TO  INITIATING  NEGOTIATION  FOR A NEW AGREEMENT, CONSISTING OF FINDINGS
 AND ANALYSIS DERIVED FROM DATA RECEIVED FROM ANY AGENCY, BUREAU, COMMIS-
 SION, AUTHORITY, OFFICE OF THE STATE OR ANY POLITICAL SUBDIVISION THERE-
 OF AND, TO THE EXTENT PRACTICABLE, FROM ANY FEDERAL ENTITY. SUCH  REPORT
 SHALL  PROVIDE AN ANALYSIS DESCRIBING THE TERMS OF THE PROPOSED INTERNA-
 TIONAL TRADE AGREEMENT AND THE IMPACT, IF ANY, SUCH AGREEMENT WOULD HAVE
 ON THE STATE'S COMMERCE,  INDUSTRY,  JOB  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.
   § 3. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08507-01-7

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