S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4077
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced by M. of A. BRENNAN, COLTON -- Multi-Sponsored by -- M. of A.
         J. RIVERA -- 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:
    1    Section 1. Short title. This act shall be known as the "minimum stand-
    2  ards for subsidized jobs act".
    3    S  2.  Legislative  findings and purpose. The legislature hereby finds
    4  and declares that:
    5    (a) Every year, New York state awards money  in  economic  development
    6  subsidies to for-profit businesses.
    7    (b)  When  government  invests  in  economic  development, it makes no
    8  economic sense to support the creation or promotion of jobs that do  not
    9  give workers the chance to earn a decent living.
   10    (c)  When  state-subsidized  jobs provide low wages and poor benefits,
   11  they increase the need for government services, including public assist-
   12  ance for food, housing, health care, and child care.
   13    The purpose of this act is to improve the  effectiveness  of  economic
   14  development  expenditures,  take  pressure  off  state  social  services
   15  programs, and improve the public health and  welfare  by  ensuring  that
   16  major state subsidies are used to support at least minimum living stand-
   17  ards for working families.
   18    S  3. The labor law is amended by adding a new article 19-D to read as
   19  follows:
   20                                ARTICLE 19-D
   21                  MINIMUM STANDARDS FOR SUBSIDIZED JOBS ACT
   22  SECTION 696. DEFINITION.
   23          697. MINIMUM STANDARDS FOR WAGES AND BENEFITS.
   24          698. ENFORCEMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04871-02-1
       A. 4077                             2
    1    S 696. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
    2  SUBSIDY" MEANS ANY EXPENDITURE OF PUBLIC FUNDS WITH A VALUE OF AT  LEAST
    3  ONE  HUNDRED  THOUSAND  DOLLARS  FOR THE PURPOSE OF STIMULATING ECONOMIC
    4  DEVELOPMENT WITHIN THE  STATE,  INCLUDING  BUT  NOT  LIMITED  TO  BONDS,
    5  GRANTS, LOANS, LOAN GUARANTEES, ENTERPRISE ZONES, EMPOWERMENT ZONES, TAX
    6  INCREMENT  FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, MATCHING FUNDS,
    7  TAX ABATEMENTS, TAX EXEMPTIONS AND TAX CREDITS.
    8    S 697. MINIMUM STANDARDS FOR WAGES AND BENEFITS. 1. NO PERSON, ASSOCI-
    9  ATION, LIMITED LIABILITY COMPANY, CORPORATION OR OTHER ENTITY  SHALL  BE
   10  ELIGIBLE TO RECEIVE ANY ECONOMIC DEVELOPMENT SUBSIDY UNLESS IT:
   11    (A)  PAYS  ALL  ITS  EMPLOYEES  IN THE STATE A MINIMUM WAGE THAT IS AT
   12  LEAST ONE DOLLAR PER HOUR  HIGHER  THAN  THE  STATE'S  MINIMUM  WAGE  AS
   13  PROVIDED BY THIS CHAPTER.
   14    (B)  OFFERS TO ALL ITS EMPLOYEES IN THE STATE, WHO WORK AT LEAST THIR-
   15  TY-FIVE HOURS PER WEEK, A HEALTH INSURANCE BENEFITS PLAN FOR  WHICH  THE
   16  EMPLOYER  PAYS  AT  LEAST EIGHTY PERCENT OF THE MONTHLY PREMIUM, AND THE
   17  COVERAGE PAYS AT LEAST EIGHTY PERCENT OF THE COSTS OF  PHYSICIAN  OFFICE
   18  VISITS, EMERGENCY CARE, SURGERY AND PRESCRIPTIONS, WITH AN ANNUAL DEDUC-
   19  TIBLE OF NO MORE THAN FIVE HUNDRED DOLLARS.
   20    (C)  OFFERS  TO  AT LEAST TWENTY PERCENT OF ITS WORKERS IN THE STATE A
   21  WORKER TRAINING PROGRAM THAT  MEETS  MINIMUM  STANDARDS  ISSUED  BY  THE
   22  COMMISSIONER.
   23    (D)  HAS NOT BEEN ADJUDICATED TO BE IN VIOLATION OF ANY FEDERAL, STATE
   24  OR LOCAL LAWS FOR AT LEAST THE PRIOR FIVE YEARS.
   25    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   26    (A) A NOT-FOR-PROFIT ENTITY THAT IS EXEMPT FROM  TAXATION  UNDER  THIS
   27  ARTICLE PURSUANT TO STATE OR FEDERAL LAW.
   28    (B)  AN INTERN OR TRAINEE WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO
   29  IS EMPLOYED FOR A PERIOD OF NOT LONGER THAN THREE MONTHS.
   30    3. IF THE COMMISSIONER DETERMINES THAT  APPLICATION  OF  THIS  ARTICLE
   31  WOULD  CONFLICT  WITH  A  FEDERAL PROGRAM REQUIREMENT, THE COMMISSIONER,
   32  AFTER NOTICE AND PUBLIC HEARING, MAY GRANT A WAIVER  FROM  THE  REQUIRE-
   33  MENTS OF THIS ARTICLE.
   34    S  698.  ENFORCEMENT.  1. THE COMMISSIONER SHALL PROMULGATE SUCH REGU-
   35  LATIONS AS ARE NECESSARY TO IMPLEMENT AND ADMINISTER COMPLIANCE WITH THE
   36  PROVISIONS OF THIS ARTICLE.
   37    2. NO PERSON, ASSOCIATION, LIMITED LIABILITY COMPANY,  CORPORATION  OR
   38  OTHER  ENTITY  SHALL DISCHARGE, DEMOTE, HARASS OR OTHERWISE TAKE ADVERSE
   39  ACTIONS  AGAINST  ANY  INDIVIDUAL  BECAUSE  SUCH  INDIVIDUAL  SEEKS  THE
   40  ENFORCEMENT  OF  THIS  ARTICLE, OR TESTIFIES, ASSISTS OR PARTICIPATES IN
   41  ANY MANNER IN AN INVESTIGATION, HEARING OR OTHER PROCEEDING  TO  ENFORCE
   42  THIS ARTICLE.
   43    3.  NO  ENTITY SHALL PAY AN EMPLOYEE THROUGH A THIRD PARTY OR TREAT AN
   44  EMPLOYEE AS A SUBCONTRACTOR  OR  INDEPENDENT  CONTRACTOR  TO  AVOID  THE
   45  REQUIREMENTS OF THIS ARTICLE.
   46    S  4.  This  act  shall take effect on the sixtieth day after it shall
   47  have become a law and shall apply to any  economic  development  subsidy
   48  awarded or renewed on or after such effective date.