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

  Section  1.  Short  title. This act shall be known and may be cited as
the "save New York call center jobs act of 2012".
  S 2. The labor law is amended by adding a new article 21  to  read  as
follows:
                               ARTICLE 21
                   SAVE NEW YORK CALL CENTER JOBS ACT
SECTION 770. DEFINITIONS.
        771. LIST OF RELOCATED CALL CENTERS.
        772. GRANTS, GUARANTEED LOANS AND TAX BENEFITS.
        773. PROCUREMENT CONTRACTS.
        774. STATE BENEFITS FOR WORKERS.
        775. NO PRIVATE RIGHT OF ACTION.
  S 770. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION WHEREBY
EMPLOYEES RECEIVE TELEPHONE CALLS OR OTHER ELECTRONIC COMMUNICATION  FOR
THE PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR OTHER SERVICE.
  2.  (A)  THE  TERM  "EMPLOYER"  MEANS ANY BUSINESS ENTITY THAT EMPLOYS
FIFTY OR MORE EMPLOYEES, EXCLUDING PART-TIME EMPLOYEES; OR FIFTY OR MORE
EMPLOYEES THAT IN THE AGGREGATE WORK AT LEAST FIFTEEN HUNDRED HOURS  PER
WEEK,  EXCLUDING  OVERTIME  HOURS,  FOR  THE  PURPOSE OF STAFFING A CALL
CENTER.
  (B) THE TERM "PART-TIME EMPLOYEE" MEANS AN EMPLOYEE  WHO  IS  EMPLOYED
FOR  AN  AVERAGE  OF  FEWER  THAN  TWENTY HOURS PER WEEK OR WHO HAS BEEN
EMPLOYED FOR FEWER THAN SIX OF THE TWELVE MONTHS PRECEDING THE  DATE  ON
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

  S 771. LIST OF RELOCATED CALL CENTERS.  1. A CALL CENTER EMPLOYER THAT
INTENDS  TO RELOCATE A CALL CENTER, OR ONE OR MORE FACILITIES OR OPERAT-
ING UNITS WITHIN A CALL CENTER COMPRISING AT LEAST THIRTY PERCENT OF THE
CALL CENTER'S, OR OPERATING UNIT'S, TOTAL VOLUME WHEN  MEASURED  AGAINST
THE  PREVIOUS TWELVE MONTH AVERAGE CALL VOLUME OF OPERATIONS OR SUBSTAN-
TIALLY SIMILAR OPERATIONS, FROM NEW YORK  STATE  TO  A  FOREIGN  COUNTRY
SHALL  NOTIFY  THE  COMMISSIONER  AT  LEAST ONE HUNDRED DAYS BEFORE SUCH
RELOCATION.
  2. A CALL CENTER  EMPLOYER  THAT  VIOLATES  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS FOR EACH DAY OF SUCH VIOLATION, EXCEPT THAT THE COMMISSIONER MAY
REDUCE SUCH AMOUNT FOR JUST CAUSE SHOWN.
  3. THE COMMISSIONER SHALL COMPILE A SEMIANNUAL LIST OF ALL CALL CENTER
EMPLOYERS THAT RELOCATE A CALL CENTER, OR  ONE  OR  MORE  FACILITIES  OR
OPERATING  UNITS WITHIN A CALL CENTER COMPRISING AT LEAST THIRTY PERCENT
OF THE CALL CENTER'S TOTAL VOLUME OF OPERATIONS, FROM NEW YORK STATE  TO
A FOREIGN COUNTRY.
  4. THE COMMISSIONER SHALL DISTRIBUTE THE LIST REQUIRED IN THIS SECTION
TO ALL AGENCIES IN THE STATE.
  S  772.  GRANTS,  GUARANTEED  LOANS  AND  TAX  BENEFITS.  1. EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION  AND  NOTWITHSTANDING  ANY
OTHER  PROVISION OF LAW, A CALL CENTER EMPLOYER THAT APPEARS ON THE LIST
DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS ARTICLE SHALL  BE
INELIGIBLE  FOR  ANY  DIRECT  OR INDIRECT STATE GRANTS, STATE GUARANTEED
LOANS, TAX BENEFITS OR OTHER FINANCIAL GOVERNMENTAL SUPPORT FOR A PERIOD
OF FIVE YEARS FROM THE DATE SUCH LIST IS PUBLISHED.
  2. EXCEPT AS  PROVIDED  IN  SUBDIVISION  THREE  OF  THIS  SECTION  AND
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER THAT
APPEARS ON THE LIST DESCRIBED IN SECTION SEVEN  HUNDRED  SEVENTY-ONE  OF
THIS  ARTICLE  SHALL REMIT THE UNAMORTIZED VALUE OF ANY GRANT OR GUARAN-
TEED LOANS, OR ANY TAX BENEFITS OR OTHER  GOVERNMENTAL  SUPPORT  IT  HAS
PREVIOUSLY RECEIVED TO THE COMMISSIONER. THE PROVISIONS OF THIS SUBDIVI-
SION  SHALL  APPLY  TO GRANTS, LOANS, TAX BENEFITS AND FINANCIAL GOVERN-
MENTAL ASSISTANCE THAT IS RECEIVED ON OR AFTER  THE  EFFECTIVE  DATE  OF
THIS ARTICLE.
  3.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE APPROPRIATE AGENCY
PROVIDING A LOAN OR GRANT, MAY  WAIVE  THE  REQUIREMENT  PROVIDED  UNDER
SUBDIVISION  TWO  OF THIS SECTION IF THE EMPLOYER DEMONSTRATES THAT SUCH
REQUIREMENT WOULD:
  (A) THREATEN STATE OR NATIONAL SECURITY;
  (B) RESULT IN SUBSTANTIAL JOB LOSS IN THE STATE OF NEW YORK; OR
  (C) HARM THE ENVIRONMENT.
  S 773. PROCUREMENT CONTRACTS. THE HEAD  OF  EACH  STATE  AGENCY  SHALL
ENSURE  THAT ALL STATE-BUSINESS-RELATED CALL CENTER AND CUSTOMER SERVICE
WORK BE PERFORMED BY STATE CONTRACTORS OR OTHER AGENTS OR SUBCONTRACTORS
ENTIRELY WITHIN THE STATE OF NEW YORK. STATE CONTRACTORS  WHO  CURRENTLY
PERFORM  SUCH  WORK  OUTSIDE  THE STATE OF NEW YORK SHALL HAVE TWO YEARS
FOLLOWING THE EFFECTIVE  DATE  OF  THIS  ARTICLE  TO  COMPLY  WITH  THIS
SECTION;  PROVIDED,  THAT  IF  ANY  SUCH  CONTRACTORS WHICH PERFORM WORK
OUTSIDE THIS STATE ADDS CUSTOMER SERVICE EMPLOYEES WHO WILL PERFORM WORK
ON SUCH CONTRACTS, THOSE NEW EMPLOYEES  SHALL  IMMEDIATELY  BE  EMPLOYED
WITHIN THE STATE OF NEW YORK.
  S  774. STATE BENEFITS FOR WORKERS. NO PROVISION OF THIS ARTICLE SHALL
BE CONSTRUED TO PERMIT WITHHOLDING OR DENIAL OF PAYMENTS,  COMPENSATION,
OR  BENEFITS  UNDER  ANY  OTHER  STATE LAW, INCLUDING BUT NOT LIMITED TO
STATE UNEMPLOYMENT COMPENSATION, DISABILITY PAYMENTS OR WORKER  RETRAIN-

S. 6918                             3                            A. 9809

ING  OR  READJUSTMENT FUNDS, TO WORKERS EMPLOYED BY EMPLOYERS THAT RELO-
CATE TO A FOREIGN COUNTRY.
  S  775.  NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN THIS ARTICLE
SHALL BE CONSTRUED AS CREATING, ESTABLISHING, OR AUTHORIZING  A  PRIVATE
CAUSE  OF  ACTION  BY  AN  AGGRIEVED  PERSON AGAINST AN EMPLOYER WHO HAS
VIOLATED, OR IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.