S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6198
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the labor law, in relation to establishing the "minimum
   standards for subsidized jobs act"
 
   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 as the "minimum stand-
 ards for subsidized jobs act".
   §  2.  Legislative  findings and purpose. The legislature hereby finds
 and declares that:
   (a) Every year, New York state awards money  in  economic  development
 subsidies to for-profit businesses.
   (b)  When  government  invests  in  economic  development, it makes no
 economic sense to support the creation or promotion of jobs that do  not
 give workers the chance to earn a decent living.
   (c)  When  state-subsidized  jobs provide low wages and poor benefits,
 they increase the need for government services, including public assist-
 ance for food, housing, health care, and child care.
   The purpose of this act is to improve the  effectiveness  of  economic
 development  expenditures,  take  pressure  off  state  social  services
 programs, and improve the public health and  welfare  by  ensuring  that
 major state subsidies are used to support at least minimum living stand-
 ards for working families.
   §  3. The labor law is amended by adding a new article 19-D to read as
 follows:
 
                               ARTICLE 19-D
                 MINIMUM STANDARDS FOR SUBSIDIZED JOBS ACT
 SECTION 696. DEFINITION.
         697. MINIMUM STANDARDS FOR WAGES AND BENEFITS.
         698. ENFORCEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10202-01-9

 A. 6198                             2

   § 696. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
 SUBSIDY" MEANS ANY EXPENDITURE OF PUBLIC FUNDS WITH A VALUE OF AT  LEAST
 ONE  HUNDRED  THOUSAND  DOLLARS  FOR THE PURPOSE OF STIMULATING ECONOMIC
 DEVELOPMENT WITHIN THE  STATE,  INCLUDING  BUT  NOT  LIMITED  TO  BONDS,
 GRANTS, LOANS, LOAN GUARANTEES, ENTERPRISE ZONES, EMPOWERMENT ZONES, TAX
 INCREMENT  FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, MATCHING FUNDS,
 TAX ABATEMENTS, TAX EXEMPTIONS AND TAX CREDITS.
   § 697. MINIMUM STANDARDS FOR WAGES AND BENEFITS. 1. NO PERSON, ASSOCI-
 ATION, LIMITED LIABILITY COMPANY, CORPORATION OR OTHER ENTITY  SHALL  BE
 ELIGIBLE TO RECEIVE ANY ECONOMIC DEVELOPMENT SUBSIDY UNLESS IT:
   (A)  PAYS  ALL  ITS  EMPLOYEES  IN THE STATE A MINIMUM WAGE THAT IS AT
 LEAST ONE DOLLAR PER HOUR  HIGHER  THAN  THE  STATE'S  MINIMUM  WAGE  AS
 PROVIDED BY THIS CHAPTER.
   (B)  OFFERS  TO  AT LEAST TWENTY PERCENT OF ITS WORKERS IN THE STATE A
 WORKER TRAINING PROGRAM THAT  MEETS  MINIMUM  STANDARDS  ISSUED  BY  THE
 COMMISSIONER.
   (C)  HAS NOT BEEN ADJUDICATED TO BE IN VIOLATION OF ANY FEDERAL, STATE
 OR LOCAL LAWS FOR AT LEAST THE PRIOR FIVE YEARS.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   (A) A NOT-FOR-PROFIT ENTITY THAT IS EXEMPT FROM TAXATION  PURSUANT  TO
 STATE OR FEDERAL LAW.
   (B)  AN INTERN OR TRAINEE WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO
 IS EMPLOYED FOR A PERIOD OF NOT LONGER THAN THREE MONTHS.
   3. IF THE COMMISSIONER DETERMINES THAT  APPLICATION  OF  THIS  ARTICLE
 WOULD  CONFLICT  WITH  A  FEDERAL PROGRAM REQUIREMENT, THE COMMISSIONER,
 AFTER NOTICE AND PUBLIC HEARING, MAY GRANT A WAIVER  FROM  THE  REQUIRE-
 MENTS OF THIS ARTICLE.
   §  698.  ENFORCEMENT.  1. THE COMMISSIONER SHALL PROMULGATE SUCH REGU-
 LATIONS AS ARE NECESSARY TO IMPLEMENT AND ADMINISTER COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   2. NO PERSON, ASSOCIATION, LIMITED LIABILITY COMPANY,  CORPORATION  OR
 OTHER  ENTITY  SHALL DISCHARGE, DEMOTE, HARASS OR OTHERWISE TAKE ADVERSE
 ACTIONS  AGAINST  ANY  INDIVIDUAL  BECAUSE  SUCH  INDIVIDUAL  SEEKS  THE
 ENFORCEMENT  OF  THIS  ARTICLE, OR TESTIFIES, ASSISTS OR PARTICIPATES IN
 ANY MANNER IN AN INVESTIGATION, HEARING OR OTHER PROCEEDING  TO  ENFORCE
 THIS ARTICLE.
   3.  NO  ENTITY SHALL PAY AN EMPLOYEE THROUGH A THIRD PARTY OR TREAT AN
 EMPLOYEE AS A SUBCONTRACTOR  OR  INDEPENDENT  CONTRACTOR  TO  AVOID  THE
 REQUIREMENTS OF THIS ARTICLE.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to any  economic  development  subsidy
 awarded or renewed on or after such effective date.