S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2182

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed 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".
  S 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.
  S 3. The labor law is amended by adding a new article 19-C to read  as
follows:

                              ARTICLE 19-C
                MINIMUM STANDARDS FOR SUBSIDIZED JOBS ACT
SECTION 695. DEFINITION.
        696. MINIMUM STANDARDS FOR WAGES AND BENEFITS.
        697. ENFORCEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00115-01-9
              

S. 2182                             2

  S 695. 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.
  S 696. 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 ALL ITS EMPLOYEES IN THE STATE, WHO WORK AT LEAST THIR-
TY-FIVE HOURS PER WEEK, A HEALTH INSURANCE BENEFITS PLAN FOR  WHICH  THE
EMPLOYER  PAYS  AT  LEAST EIGHTY PERCENT OF THE MONTHLY PREMIUM, AND THE
COVERAGE PAYS AT LEAST EIGHTY PERCENT OF THE COSTS OF  PHYSICIAN  OFFICE
VISITS, EMERGENCY CARE, SURGERY AND PRESCRIPTIONS, WITH AN ANNUAL DEDUC-
TIBLE OF NO MORE THAN FIVE HUNDRED DOLLARS.
  (C)  OFFERS  TO  AT LEAST TWENTY PERCENT OF ITS WORKERS IN THE STATE A
WORKER TRAINING PROGRAM THAT  MEETS  MINIMUM  STANDARDS  ISSUED  BY  THE
COMMISSIONER.
  (D)  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  UNDER  THIS
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.
  S  697.  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.
  S  4.  This  act shall take effect July 1, 2009 and shall apply to any
economic development subsidy awarded or renewed on or after  October  1,
2009.