Bill Text: NY A00708 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Sponsorship: Moderate Partisan Bill (Democrat 29-5)

Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A00708 Detail]

Download: New_York-2011-A00708-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        708--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A. COLTON, ABBATE, CAHILL, JAFFEE, SPANO, PERRY,
         SCHIMEL, SCHROEDER, KELLNER, MAISEL, ROBINSON,  WRIGHT,  FINCH,  McDO-
         NOUGH, STEVENSON, P. RIVERA -- Multi-Sponsored by -- M. of A. BOYLAND,
         CALHOUN,  CAMARA,  GABRYSZAK,  GIGLIO, HIKIND, HOOPER, LIFTON, MARKEY,
         McENENY, J. MILLER, MILLMAN, REILLY, SWEENEY, WEISENBERG -- read  once
         and  referred  to the Committee on Labor -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the legislative law and the executive law, in relation
         to establishing the legislative commission on trade enforcement
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    The  legislative law is amended by adding a new section
    2  83-n to read as follows:
    3    S 83-N. LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT. 1. (A) THE LEGIS-
    4  LATURE HEREBY DETERMINES AND DECLARES  THAT  STATES  HAVE  TRADITIONALLY
    5  ENJOYED  A  LARGE  DEGREE  OF  AUTONOMY TO SET THEIR OWN PROCUREMENT AND
    6  EMPLOYMENT POLICIES UNDER THE UNITED STATES SYSTEM OF FEDERALISM.
    7    (B) THE LEGISLATURE FURTHER  FINDS  THAT  RECENT  INTERNATIONAL  TRADE
    8  AGREEMENTS  THREATEN TO ERODE THIS TRADITIONAL STATE AUTONOMY BY REQUIR-
    9  ING STATE GOVERNMENTS TO ACCORD FOREIGN SUPPLIERS OF GOODS AND  SERVICES
   10  TREATMENT NO LESS FAVORABLE THAN THAT AFFORDED TO IN-STATE SUPPLIERS. IN
   11  ADDITION,  THE  AGREEMENTS  STIPULATE THAT STATE CONTRACT SPECIFICATIONS
   12  MUST NOT BURDEN TRADE ANY MORE THAN NECESSARY, AND LIMIT SUPPLIER QUALI-
   13  FICATIONS TO QUALIFICATIONS THAT ARE "ESSENTIAL" TO THE  PERFORMANCE  OF
   14  THE CONTRACT.
   15    (C)  THE  LEGISLATURE  FURTHER  FINDS THAT IT HAS AN IMPORTANT ROLE IN
   16  PRESERVING STATE AUTHORITY OVER PROCUREMENT POLICY. THESE CRITICAL DECI-
   17  SIONS SHOULD BE MADE ONLY WITH THE INVOLVEMENT OF THE  LEGISLATURE,  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04826-04-1
       A. 708--A                           2
    1  ONLY  AFTER  THE  PUBLIC  HAS  BEEN  ADEQUATELY  INFORMED AND HAS OPENLY
    2  DEBATED THE ISSUES INVOLVED.
    3    (D)  THE  LEGISLATURE  FURTHER FINDS THAT IT IS CRITICAL FOR CITIZENS,
    4  STATE AGENCIES, THE LEGISLATURE, AND  OTHER  ELECTED  OFFICIALS  IN  THE
    5  STATE  TO  HAVE  ACCESS TO INFORMATION ABOUT HOW TRADE AGREEMENTS IMPACT
    6  STATE LEGISLATIVE AUTHORITY, THE STATE'S  ECONOMY,  AND  EXISTING  STATE
    7  LAWS  IN  ORDER TO PARTICIPATE IN AN INFORMED DEBATE ABOUT INTERNATIONAL
    8  TRADE ISSUES.
    9    (E) THE LEGISLATURE FURTHER FINDS  THAT  THE  UNITED  STATES  CONGRESS
   10  SHOULD  PASS  LEGISLATION  INSTRUCTING THE UNITED STATES TRADE REPRESEN-
   11  TATIVE TO FULLY  AND  FORMALLY  CONSULT  INDIVIDUAL  STATE  LEGISLATURES
   12  REGARDING  PROCUREMENT,  SERVICES, INVESTMENT, OR ANY OTHER TRADE AGREE-
   13  MENT RULES THAT IMPACT STATE LAWS OR AUTHORITY BEFORE NEGOTIATIONS BEGIN
   14  AND AS THEY DEVELOP, AND TO SEEK  CONSENT  FROM  STATE  LEGISLATURES  IN
   15  ADDITION  TO  GOVERNORS PRIOR TO BINDING STATES TO CONFORM THEIR LAWS TO
   16  THE TERMS OF INTERNATIONAL COMMERCIAL AGREEMENTS.  SUCH  LEGISLATION  IS
   17  NECESSARY  TO ENSURE THE PRIOR INFORMED CONSENT OF THE STATE WITH REGARD
   18  TO FUTURE INTERNATIONAL TRADE AND INVESTMENT AGREEMENTS.
   19    2. A LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT IS HEREBY ESTABLISHED
   20  TO EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS  CONCERNING  INTERNATIONAL
   21  TRADE  AGREEMENTS  RECEIVED  FROM THE GOVERNOR. IN EVALUATING SAID TRADE
   22  AGREEMENTS, THE COMMISSION SHALL ANALYZE HOW THE TRADE AGREEMENT IMPACTS
   23  EXISTING STATE LAWS AND WHETHER SUCH AGREEMENT CONFLICTS  WITH  EXISTING
   24  STATE LAWS.
   25    3.  THE  COMMISSION  SHALL  CONSIST  OF TEN MEMBERS TO BE APPOINTED AS
   26  FOLLOWS: THREE MEMBERS OF THE SENATE SHALL BE APPOINTED BY THE TEMPORARY
   27  PRESIDENT OF  THE  SENATE;  THREE  MEMBERS  OF  THE  ASSEMBLY  SHALL  BE
   28  APPOINTED  BY  THE  SPEAKER  OF  THE ASSEMBLY; TWO MEMBERS OF THE SENATE
   29  SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND TWO MEMBERS
   30  OF THE ASSEMBLY SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  ASSEM-
   31  BLY. FROM AMONG THE MEMBERS SO APPOINTED, A CHAIRMAN AND A VICE CHAIRMAN
   32  SHALL  BE  DESIGNATED  BY THE JOINT ACTION OF THE TEMPORARY PRESIDENT OF
   33  THE SENATE AND THE SPEAKER OF THE ASSEMBLY. ANY VACANCY THAT  OCCURS  IN
   34  THE  COMMISSION  OR  IN  THE  CHAIRMANSHIP OR VICE CHAIRMANSHIP SHALL BE
   35  FILLED IN THE SAME MANNER IN WHICH THE ORIGINAL  APPOINTMENT  OR  DESIG-
   36  NATION WAS MADE. NO MEMBER, OFFICER, OR EMPLOYEE OF THE COMMISSION SHALL
   37  BE  DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR
   38  SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON  OF  HIS
   39  OR  HER  APPOINTMENT  HEREUNDER,  NOTWITHSTANDING  THE PROVISIONS OF ANY
   40  GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE, OR CITY CHARTER.
   41    4. WITHIN THIRTY DAYS OF RECEIVING AN  INTERNATIONAL  TRADE  AGREEMENT
   42  FROM  THE GOVERNOR, AND AFTER EVALUATING THE TRADE AGREEMENT PURSUANT TO
   43  SUBDIVISION TWO OF THIS SECTION, THE COMMISSION SHALL SUBMIT  ITS  FIND-
   44  INGS  AND RECOMMENDATIONS TO THE LEGISLATURE, TOGETHER WITH A RESOLUTION
   45  REQUESTING THAT THE GOVERNOR COMMUNICATE THE LEGISLATURE'S FINDINGS  AND
   46  RECOMMENDATIONS TO THE UNITED STATES TRADE REPRESENTATIVE.
   47    5.  THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
   48  IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE COMMISSION'S  FUNCTIONS
   49  AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
   50    6.  EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
   51  THE LEGISLATURE FOR ALL PURPOSES.
   52    7. IN ADDITION TO THE ABOVE MENTIONED  POWERS,  THE  COMMISSION  SHALL
   53  HAVE  ALL  THE POWERS AND PRIVILEGES OF A LEGISLATIVE COMMITTEE PURSUANT
   54  TO THIS CHAPTER.
   55    8. FOR THE ACCOMPLISHMENT OF ITS  PURPOSE,  THE  COMMISSION  SHALL  BE
   56  AUTHORIZED  AND  EMPOWERED  TO  UNDERTAKE ANY STUDY, INQUIRY, SURVEY, OR
       A. 708--A                           3
    1  ANALYSIS IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL  IN  COOPERATION
    2  WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
    3    9.  THE  COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM ANY DEPARTMENT,
    4  BUREAU, COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY  OF  THE
    5  STATE,  AND  FROM  ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS STATE, SUCH
    6  ASSISTANCE AND DATA AS  IT  DEEMS  NECESSARY  OR  DESIRABLE  FOR  PROPER
    7  EXECUTION OF ITS POWERS AND DUTIES.
    8    10.  THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND SHALL HAVE
    9  THE POWER TO SUBPOENA WITNESSES AND SHALL BE ENTITLED TO ALL RECORDS  OR
   10  DATA IT DEEMS NECESSARY PURSUANT TO THIS CHAPTER.
   11    11.  THE  MEMBERS  OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
   12  THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES
   13  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   14    S  2.  The executive law is amended by adding a new section 13 to read
   15  as follows:
   16    S 13. NOTIFICATION TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCEMENT.
   17  NOTWITHSTANDING ANY OTHER LAW, UPON  ANY  REQUEST  MADE  BY  THE  UNITED
   18  STATES TRADE REPRESENTATIVE (USTR) TO BIND THE STATE TO AN INTERNATIONAL
   19  TRADE AGREEMENT, THE GOVERNOR SHALL IMMEDIATELY SUBMIT ALL DOCUMENTATION
   20  RECEIVED  FROM  THE USTR TO THE LEGISLATIVE COMMISSION ON TRADE ENFORCE-
   21  MENT. THE GOVERNOR'S SUBMISSION TO THE LEGISLATIVE COMMISSION  ON  TRADE
   22  ENFORCEMENT  SHALL  INCLUDE, BUT NEED NOT BE LIMITED TO, THE TEXT OF THE
   23  TRADE AGREEMENT AND ANY CORRESPONDENCE FROM THE USTR.
   24    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   25  have  become  a  law and shall expire and repeal on the same date and in
   26  the same manner as section 8 of chapter 141 of the laws of 1994, expires
   27  and repeals.