Bill Text: NY A09809 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "save New York call center jobs act of 2012"; requires prior notice of relocation of call center jobs from New York to a foreign country; directs the commissioner of labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
Spectrum: Strong Partisan Bill (Democrat 62-4)
Status: (Engrossed - Dead) 2012-06-21 - REFERRED TO RULES [A09809 Detail]
Download: New_York-2011-A09809-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6918 A. 9809
S E N A T E - A S S E M B L Y
April 11, 2012
___________
IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Labor
IN ASSEMBLY -- Introduced by M. of A. JEFFRIES -- read once and referred
to the Committee on Labor
AN ACT to amend the labor law, in relation to enacting the "save New
York call center jobs act of 2012"
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 and may be cited as
2 the "save New York call center jobs act of 2012".
3 S 2. The labor law is amended by adding a new article 21 to read as
4 follows:
5 ARTICLE 21
6 SAVE NEW YORK CALL CENTER JOBS ACT
7 SECTION 770. DEFINITIONS.
8 771. LIST OF RELOCATED CALL CENTERS.
9 772. GRANTS, GUARANTEED LOANS AND TAX BENEFITS.
10 773. PROCUREMENT CONTRACTS.
11 774. STATE BENEFITS FOR WORKERS.
12 775. NO PRIVATE RIGHT OF ACTION.
13 S 770. DEFINITIONS. AS USED IN THIS ARTICLE:
14 1. THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION WHEREBY
15 EMPLOYEES RECEIVE TELEPHONE CALLS OR OTHER ELECTRONIC COMMUNICATION FOR
16 THE PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR OTHER SERVICE.
17 2. (A) THE TERM "EMPLOYER" MEANS ANY BUSINESS ENTITY THAT EMPLOYS
18 FIFTY OR MORE EMPLOYEES, EXCLUDING PART-TIME EMPLOYEES; OR FIFTY OR MORE
19 EMPLOYEES THAT IN THE AGGREGATE WORK AT LEAST FIFTEEN HUNDRED HOURS PER
20 WEEK, EXCLUDING OVERTIME HOURS, FOR THE PURPOSE OF STAFFING A CALL
21 CENTER.
22 (B) THE TERM "PART-TIME EMPLOYEE" MEANS AN EMPLOYEE WHO IS EMPLOYED
23 FOR AN AVERAGE OF FEWER THAN TWENTY HOURS PER WEEK OR WHO HAS BEEN
24 EMPLOYED FOR FEWER THAN SIX OF THE TWELVE MONTHS PRECEDING THE DATE ON
25 WHICH NOTICE IS REQUIRED UNDER THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14936-02-2
S. 6918 2 A. 9809
1 S 771. LIST OF RELOCATED CALL CENTERS. 1. A CALL CENTER EMPLOYER THAT
2 INTENDS TO RELOCATE A CALL CENTER, OR ONE OR MORE FACILITIES OR OPERAT-
3 ING UNITS WITHIN A CALL CENTER COMPRISING AT LEAST THIRTY PERCENT OF THE
4 CALL CENTER'S, OR OPERATING UNIT'S, TOTAL VOLUME WHEN MEASURED AGAINST
5 THE PREVIOUS TWELVE MONTH AVERAGE CALL VOLUME OF OPERATIONS OR SUBSTAN-
6 TIALLY SIMILAR OPERATIONS, FROM NEW YORK STATE TO A FOREIGN COUNTRY
7 SHALL NOTIFY THE COMMISSIONER AT LEAST ONE HUNDRED DAYS BEFORE SUCH
8 RELOCATION.
9 2. A CALL CENTER EMPLOYER THAT VIOLATES SUBDIVISION ONE OF THIS
10 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
11 DOLLARS FOR EACH DAY OF SUCH VIOLATION, EXCEPT THAT THE COMMISSIONER MAY
12 REDUCE SUCH AMOUNT FOR JUST CAUSE SHOWN.
13 3. THE COMMISSIONER SHALL COMPILE A SEMIANNUAL LIST OF ALL CALL CENTER
14 EMPLOYERS THAT RELOCATE A CALL CENTER, OR ONE OR MORE FACILITIES OR
15 OPERATING UNITS WITHIN A CALL CENTER COMPRISING AT LEAST THIRTY PERCENT
16 OF THE CALL CENTER'S TOTAL VOLUME OF OPERATIONS, FROM NEW YORK STATE TO
17 A FOREIGN COUNTRY.
18 4. THE COMMISSIONER SHALL DISTRIBUTE THE LIST REQUIRED IN THIS SECTION
19 TO ALL AGENCIES IN THE STATE.
20 S 772. GRANTS, GUARANTEED LOANS AND TAX BENEFITS. 1. EXCEPT AS
21 PROVIDED IN SUBDIVISION THREE OF THIS SECTION AND NOTWITHSTANDING ANY
22 OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER THAT APPEARS ON THE LIST
23 DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS ARTICLE SHALL BE
24 INELIGIBLE FOR ANY DIRECT OR INDIRECT STATE GRANTS, STATE GUARANTEED
25 LOANS, TAX BENEFITS OR OTHER FINANCIAL GOVERNMENTAL SUPPORT FOR A PERIOD
26 OF FIVE YEARS FROM THE DATE SUCH LIST IS PUBLISHED.
27 2. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION AND
28 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER THAT
29 APPEARS ON THE LIST DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF
30 THIS ARTICLE SHALL REMIT THE UNAMORTIZED VALUE OF ANY GRANT OR GUARAN-
31 TEED LOANS, OR ANY TAX BENEFITS OR OTHER GOVERNMENTAL SUPPORT IT HAS
32 PREVIOUSLY RECEIVED TO THE COMMISSIONER. THE PROVISIONS OF THIS SUBDIVI-
33 SION SHALL APPLY TO GRANTS, LOANS, TAX BENEFITS AND FINANCIAL GOVERN-
34 MENTAL ASSISTANCE THAT IS RECEIVED ON OR AFTER THE EFFECTIVE DATE OF
35 THIS ARTICLE.
36 3. THE COMMISSIONER, IN CONSULTATION WITH THE APPROPRIATE AGENCY
37 PROVIDING A LOAN OR GRANT, MAY WAIVE THE REQUIREMENT PROVIDED UNDER
38 SUBDIVISION TWO OF THIS SECTION IF THE EMPLOYER DEMONSTRATES THAT SUCH
39 REQUIREMENT WOULD:
40 (A) THREATEN STATE OR NATIONAL SECURITY;
41 (B) RESULT IN SUBSTANTIAL JOB LOSS IN THE STATE OF NEW YORK; OR
42 (C) HARM THE ENVIRONMENT.
43 S 773. PROCUREMENT CONTRACTS. THE HEAD OF EACH STATE AGENCY SHALL
44 ENSURE THAT ALL STATE-BUSINESS-RELATED CALL CENTER AND CUSTOMER SERVICE
45 WORK BE PERFORMED BY STATE CONTRACTORS OR OTHER AGENTS OR SUBCONTRACTORS
46 ENTIRELY WITHIN THE STATE OF NEW YORK. STATE CONTRACTORS WHO CURRENTLY
47 PERFORM SUCH WORK OUTSIDE THE STATE OF NEW YORK SHALL HAVE TWO YEARS
48 FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE TO COMPLY WITH THIS
49 SECTION; PROVIDED, THAT IF ANY SUCH CONTRACTORS WHICH PERFORM WORK
50 OUTSIDE THIS STATE ADDS CUSTOMER SERVICE EMPLOYEES WHO WILL PERFORM WORK
51 ON SUCH CONTRACTS, THOSE NEW EMPLOYEES SHALL IMMEDIATELY BE EMPLOYED
52 WITHIN THE STATE OF NEW YORK.
53 S 774. STATE BENEFITS FOR WORKERS. NO PROVISION OF THIS ARTICLE SHALL
54 BE CONSTRUED TO PERMIT WITHHOLDING OR DENIAL OF PAYMENTS, COMPENSATION,
55 OR BENEFITS UNDER ANY OTHER STATE LAW, INCLUDING BUT NOT LIMITED TO
56 STATE UNEMPLOYMENT COMPENSATION, DISABILITY PAYMENTS OR WORKER RETRAIN-
S. 6918 3 A. 9809
1 ING OR READJUSTMENT FUNDS, TO WORKERS EMPLOYED BY EMPLOYERS THAT RELO-
2 CATE TO A FOREIGN COUNTRY.
3 S 775. NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN THIS ARTICLE
4 SHALL BE CONSTRUED AS CREATING, ESTABLISHING, OR AUTHORIZING A PRIVATE
5 CAUSE OF ACTION BY AN AGGRIEVED PERSON AGAINST AN EMPLOYER WHO HAS
6 VIOLATED, OR IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS ARTICLE.
7 S 3. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
