S. 3713 2
S 375-A. NOTICE CONCERNING OUTSOURCING OF JOBS. 1. FOR PURPOSES OF
THIS SECTION:
A. "OUTSOURCING JOBS" MEANS TO RELOCATE OR MOVE EMPLOYMENT, JOBS, OR
POSITIONS FROM THE STATE OF NEW YORK OR THE UNITED STATES OR ITS TERRI-
TORIES TO AN OUTSIDE LOCALITY.
B. "MANUFACTURER" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN
MAKING, CONVERTING, PROCESSING, ALTERING, REPAIRING, FINISHING OR
PREPARING ANY CONSUMER PRODUCT FOR SALE TO A CONSUMER.
C. "IMPORTER" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN THE
DISTRIBUTION OF ANY CONSUMER PRODUCT FOR SALE OR LEASE TO A CONSUMER IN
THIS STATE.
D. "MERCHANT" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN THE SALE,
DISPLAY OR OFFERING FOR SALE OF CONSUMER PRODUCTS OR MERCHANDISE AT
RETAIL TO A CONSUMER.
2. ANY MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT
OR EMPLOYEE THEREOF LICENSED TO DO BUSINESS WITHIN THIS STATE WHICH IS
INVOLVED IN THE PRACTICE OF OUTSOURCING JOBS OR SERVICES TO FOREIGN
LOCATIONS SHALL DISCLOSE SUCH OUTSOURCING TO ANY CONSUMER DOING BUSINESS
WITH SUCH ENTITY. SUCH SERVICES SHALL INCLUDE PROFESSIONAL AND CONSUMER
SERVICES, INCLUDING BUT NOT LIMITED TO, HEALTH, ACCOUNTING, BANKING,
MORTGAGE, AND INCOME TAX PREPARATION.
3. SUCH MERCHANTS, MANUFACTURERS, FIRMS, CORPORATIONS, ASSOCIATIONS OR
AGENTS OR EMPLOYEES THEREOF SHALL CONSPICUOUSLY POST THE DISCLOSURE
REQUIRED BY SUBDIVISION TWO OF THIS SECTION IN THE PLACES OF BUSINESS OF
SUCH ENTITIES AND DISTRIBUTE A WRITTEN DISCLOSURE TO CONSUMERS.
4. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO ALTER OR
OTHERWISE SUPERSEDE ANY OTHER DISCLOSURE REQUIREMENT IMPOSED BY STATE OR
FEDERAL LAW.
5. A VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE BOTH A DECEPTIVE
ACT AND FALSE ADVERTISING AND SHALL BE SUBJECT TO THE PENALTIES OTHER-
WISE PRESCRIBED IN ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
S 375-B. RATIFICATION OF CERTAIN AGREEMENTS. AS PROVIDED IN SECTION
THIRTEEN OF THE EXECUTIVE LAW, THE STATE, THROUGH THE GOVERNOR, SHALL
NOT ENTER INTO OR ADOPT OR SUPPORT ANY MULTI-NATIONAL PROCUREMENT AGREE-
MENT OR AGREE TO AMEND OR RENEW ANY EXISTING MULTI-NATIONAL PROCUREMENT
AGREEMENT WITH ANY MULTI-NATIONAL TRADE ORGANIZATION, CORPORATION OR
OTHER BUSINESS ENTITY WITHOUT THE RATIFICATION BY THE LEGISLATURE OF
SUCH AGREEMENT.
S 3. The state finance law is amended by adding a new section 148 to
read as follows:
S 148. STATE CONTRACTS; OUTSOURCING PROHIBITED. 1. DEFINITIONS. FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
A. "DEVELOPMENTAL ASSISTANCE" (1) SHALL MEAN ANY FORM OF PUBLIC
ASSISTANCE, INCLUDING TAX EXPENDITURES, MADE FOR THE PURPOSE OF STIMU-
LATING ECONOMIC DEVELOPMENT OF A CORPORATION, INDUSTRY, GEOGRAPHIC
JURISDICTION OR ANY OTHER SECTOR OF THE STATE'S ECONOMY, INCLUDING BUT
NOT LIMITED TO INDUSTRIAL DEVELOPMENT BONDS, TRAINING GRANTS, LOANS,
LOAN GUARANTEES, ENTERPRISE ZONES, EMPOWERMENT ZONES, TAX INCREMENT
FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, INFRASTRUCTURE WHOSE PRIN-
CIPAL BENEFICIARY IS A SINGLE BUSINESS OR DEFINED GROUP OF BUSINESSES AT
THE TIME IT IS BUILT OR IMPROVED, MATCHING FUNDS, TAX ABATEMENTS, TAX
CREDITS AND TAX DISCOUNTS OF EVERY KIND, INCLUDING CORPORATE FRANCHISE,
PERSONAL INCOME, SALES AND COMPENSATING USE, RAW MATERIALS, REAL PROPER-
TY, JOB CREATION, INDIVIDUAL INVESTMENT, EXCISE, UTILITY, INVENTORY,
S. 3713 3
ACCELERATED DEPRECIATION, AND RESEARCH AND DEVELOPMENT TAX CREDITS AND
DISCOUNTS.
(2) SHALL NOT INCLUDE:
(I) ASSISTANCE GENERALLY AVAILABLE TO ALL BUSINESSES OR TO A GENERAL
CLASS OF SIMILAR BUSINESSES, SUCH AS A LINE OF BUSINESS, SIZE, LOCATION,
OR SIMILAR GENERAL CRITERIA;
(II) REDEVELOPMENT PROPERTY POLLUTED AS DEFINED IN THE ENVIRONMENTAL
CONSERVATION LAW OR PURSUANT TO FEDERAL LAW, RULES, OR REGULATIONS;
(III) ASSISTANCE PROVIDED FOR THE SOLE PURPOSE OF RENOVATING OLD OR
DECAYING BUILDING STOCK OR BRINGING SUCH STOCK INTO COMPLIANCE WITH THE
RELEVANT BUILDING AND FIRE CODES, AND ASSISTANCE PROVIDED FOR DESIGNATED
HISTORIC PRESERVATION DISTRICTS, PROVIDED THAT SUCH ASSISTANCE IN EITHER
CASE IS EQUAL TO OR LESS THAN FIFTY PERCENT OF THE TOTAL COST;
(IV) ASSISTANCE FOR HOUSING;
(V) ASSISTANCE FOR POLLUTION CONTROL OR ABATEMENT;
(VI) ASSISTANCE FOR ENERGY CONSERVATION;
(VII) TAX REDUCTIONS RESULTING FROM CONFORMITY WITH FEDERAL TAX LAW;
(VIII) WORKERS' COMPENSATION AND UNEMPLOYMENT COMPENSATION;
(IX) BENEFITS DERIVED FROM REGULATION;
(X) ASSISTANCE FOR COLLABORATION BETWEEN AN INSTITUTION OF HIGHER
EDUCATION WITHIN THE STATE AND A BUSINESS;
(XI) GENERAL CHANGES IN TAX INCREMENT FINANCING LAW AND OTHER GENERAL
TAX LAW CHANGES OF A PRINCIPALLY TECHNICAL NATURE;
(XII) FEDERAL ASSISTANCE UNTIL SUCH ASSISTANCE HAS BEEN REPAID TO AND
REINVESTED BY THE STATE OR A MUNICIPAL AGENCY; AND
(XIII) FEDERAL LOAN FUNDS PROVIDED THROUGH THE UNITED STATES DEPART-
MENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION.
B. "OUTSOURCING JOBS" MEANS TO RELOCATE OR MOVE EMPLOYMENT, JOBS, OR
POSITIONS FROM THE STATE OF NEW YORK OR THE UNITED STATES OR ITS TERRI-
TORIES TO AN OUTSIDE LOCALITY.
2. THE STATE AND ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR
PUBLIC BENEFIT CORPORATION OF THE STATE SHALL NOT ENGAGE IN THE PRACTICE
OF OUTSOURCING JOBS AND SHALL NOT CONTRACT FOR ANY PURPOSE, IN ANY FORM,
WITH ANY ENTITY WHICH ENGAGES IN THE PRACTICE OF OUTSOURCING JOBS WHEN
STATE FUNDS ARE USED FOR SUCH JOBS OR SERVICES.
3. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS HERE-
AFTER MADE OR AWARDED BY THE STATE, OR ANY PUBLIC DEPARTMENT OR OFFICIAL
THEREOF, PROHIBITING ANY CONTRACTOR, TO WHOM ANY CONTRACT SHALL BE LET,
GRANTED OR AWARDED, AS REQUIRED BY LAW, FROM OUTSOURCING JOBS. IF ANY
CONTRACTOR, TO WHOM ANY CONTRACT IS HEREAFTER LET, GRANTED OR AWARDED,
AS REQUIRED BY LAW, BY THE STATE, OR BY ANY PUBLIC DEPARTMENT OR OFFI-
CIAL THEREOF, SHALL OUTSOURCE JOBS AS PROHIBITED BY THIS SECTION, THE
STATE SHALL REVOKE AND ANNUL SUCH CONTRACT, AND THE STATE, PUBLIC
DEPARTMENT OR OFFICER, AS THE CASE MAY BE, SHALL BE RELIEVED AND
DISCHARGED FROM ANY AND ALL LIABILITY AND OBLIGATIONS GROWING OUT OF
SUCH CONTRACT, AND SHALL FORFEIT AND LOSE ALL MONEYS, THERETOFORE EARNED
UNDER SUCH CONTRACT EXCEPT SO MUCH AS MAY BE REQUIRED TO PAY HIS OR HER
EMPLOYEES.
4. NO CONTRACTOR THAT RECEIVES DEVELOPMENTAL ASSISTANCE FROM THE STATE
SHALL ENGAGE IN THE PRACTICE OF OUTSOURCING JOBS. IF SUCH CONTRACTOR
ENGAGES IN SUCH PROHIBITED PRACTICE, SUCH CONTRACTOR SHALL RETURN SUCH
ASSISTANCE TO THE STATE. ANY CONTRACTOR THAT VIOLATES THE PROVISIONS OF
THIS SECTION SHALL NOT RECEIVE ANY STATE DEVELOPMENTAL ASSISTANCE FOR A
PERIOD OF FIVE YEARS FROM THE DATE OF THE LATEST VIOLATION OR DETERMI-
NATION OF VIOLATION OF THIS SECTION, WHICHEVER IS LATER.
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5. ANY BUSINESS ENTITY THAT RECEIVES DEVELOPMENTAL ASSISTANCE FROM THE
STATE SHALL SUBMIT AN ANNUAL REPORT TO THE ATTORNEY GENERAL AND GRANTING
AGENCY STATING THE AMOUNT OF SUCH DEVELOPMENTAL ASSISTANCE RECEIVED, THE
AMOUNT OF EMPLOYMENT BY SUCH BUSINESS ENTITY GAINED OR LOST IN NEW YORK
OVER THE COURSE OF THE YEAR, WHAT SUCH DEVELOPMENTAL ASSISTANCE WENT
TOWARDS, AND ANY OTHER DATA THE ATTORNEY GENERAL MAY REQUIRE. SUCH
REPORT SHALL BE SUBMITTED ON OR BEFORE FEBRUARY FIRST OF EACH YEAR.
6. EACH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC IN AN EASILY
ACCESSIBLE FORMAT, INCLUDING BUT NOT LIMITED TO AN ELECTRONIC VERSION
VIA THE WORLD WIDE WEB.
S 4. The general obligations law is amended by adding a new section
5-707 to read as follows:
S 5-707. CONSENT TO TRANSMISSION OF PERSONAL INFORMATION. 1. NO CORPO-
RATION OR OTHER BUSINESS ENTITY SHALL SELL, SHARE, TRANSFER OR OTHERWISE
DISCLOSE NONPUBLIC PERSONAL INFORMATION TO OR WITH ANY NONAFFILIATED
THIRD PARTIES WHICH ARE LOCATED OUTSIDE THE UNITED STATES OR ITS TERRI-
TORIES WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONSUMER TO WHOM THE
NONPUBLIC PERSONAL INFORMATION RELATES.
2. FOR PURPOSES OF THIS SECTION:
A. "NONAFFILIATED THIRD PARTY" MEANS ANY ENTITY THAT IS NOT AN AFFIL-
IATE OF, OR RELATED BY COMMON OWNERSHIP OR AFFILIATED BY CORPORATE
CONTROL WITH, THE FINANCIAL INSTITUTION, BUT DOES NOT INCLUDE A JOINT
EMPLOYEE OF THAT INSTITUTION AND A THIRD PARTY.
B. "CONSUMER" MEANS AN INDIVIDUAL RESIDENT OF THIS STATE, OR THAT
INDIVIDUAL'S LEGAL REPRESENTATIVE, WHO OBTAINS OR HAS OBTAINED FROM A
FINANCIAL INSTITUTION A FINANCIAL PRODUCT OR SERVICE TO BE USED PRIMARI-
LY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. FOR PURPOSES OF THIS
SECTION, AN INDIVIDUAL RESIDENT OF THIS STATE IS SOMEONE WHOSE LAST
KNOWN MAILING ADDRESS, OTHER THAN AN ARMED FORCES POST OFFICE OR FLEET
POST OFFICE ADDRESS, AS SHOWN IN THE RECORDS OF THE FINANCIAL INSTITU-
TION, IS LOCATED IN THIS STATE. FOR PURPOSES OF THIS SECTION, AN INDI-
VIDUAL IS NOT A CONSUMER OF A FINANCIAL INSTITUTION SOLELY BECAUSE HE OR
SHE IS (I) A PARTICIPANT OR BENEFICIARY OF AN EMPLOYEE BENEFIT PLAN THAT
A FINANCIAL INSTITUTION ADMINISTERS OR SPONSORS, OR FOR WHICH THE FINAN-
CIAL INSTITUTION ACTS AS A TRUSTEE, INSURER OR FIDUCIARY, (II) COVERED
UNDER A GROUP OR BLANKET INSURANCE POLICY OR GROUP ANNUITY CONTRACT
ISSUED BY THE FINANCIAL INSTITUTION, (III) A BENEFICIARY IN A WORKERS'
COMPENSATION PLAN, (IV) A BENEFICIARY OF A TRUST FOR WHICH THE FINANCIAL
INSTITUTION IS A TRUSTEE OR (V) A PERSON WHO HAS DESIGNATED THE FINAN-
CIAL INSTITUTION AS TRUSTEE FOR A TRUST, PROVIDED THAT THE FINANCIAL
INSTITUTION PROVIDES ALL REQUIRED NOTICES REQUIRED BY THIS SECTION TO
THE PLAN SPONSOR, GROUP OR BLANKET INSURANCE POLICYHOLDER OR GROUP ANNU-
ITY CONTRACT HOLDER.
C. "NONPUBLIC PERSONAL INFORMATION" MEANS PERSONALLY IDENTIFIABLE
INFORMATION (I) PROVIDED BY A CONSUMER OR (II) RESULTING FROM ANY TRANS-
ACTION WITH THE CONSUMER OR ANY SERVICE PERFORMED FOR THE CONSUMER.
NONPUBLIC PERSONAL INFORMATION DOES NOT INCLUDE PUBLICLY AVAILABLE
INFORMATION WHERE THERE IS A REASONABLE BASIS TO BELIEVE THAT SUCH
INFORMATION IS LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC FROM FEDER-
AL, STATE OR LOCAL GOVERNMENT RECORDS, WIDELY DISTRIBUTED MEDIA OR
DISCLOSURES TO THE GENERAL PUBLIC THAT ARE REQUIRED TO BE MADE BY FEDER-
AL, STATE OR LOCAL LAW. NONPUBLIC PERSONAL INFORMATION SHALL INCLUDE ANY
LIST, DESCRIPTION OR OTHER GROUPING OF CONSUMERS, AND PUBLICLY AVAILABLE
INFORMATION PERTAINING TO THEM, THAT IS DERIVED USING ANY NONPUBLIC
PERSONAL INFORMATION OTHER THAN PUBLICLY AVAILABLE INFORMATION, BUT
SHALL NOT INCLUDE ANY LIST, DESCRIPTION OR OTHER GROUPING OF CONSUMERS,
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AND PUBLICLY AVAILABLE INFORMATION PERTAINING TO SUCH CONSUMERS, THAT IS
DERIVED WITHOUT USING ANY NONPUBLIC PERSONAL INFORMATION.
S 5. The labor law is amended by adding a new section 201-g to read as
follows:
S 201-G. NOTICE OF OUTSOURCING; PROHIBITED REPLACEMENT TRAINING. 1.
FOR PURPOSES OF THIS SECTION, "OUTSOURCING JOBS" MEANS TO RELOCATE OR
MOVE EMPLOYMENT, JOBS, OR POSITIONS FROM THE STATE OF NEW YORK TO AN
OUTSIDE LOCALITY OTHER THAN A LOCALITY LOCATED WITHIN THE UNITED STATES
OR ITS TERRITORIES.
2. ANY EMPLOYER THAT ENGAGES OR IS PLANNING ON ENGAGING IN THE PRAC-
TICE OF OUTSOURCING JOBS WHICH ARE WITHIN NEW YORK STATE TO A LOCATION
OUTSIDE THE UNITED STATES OR ITS TERRITORIES SHALL PROVIDE ITS AFFECTED
EMPLOYEES WITH AT LEAST ONE HUNDRED EIGHTY DAYS NOTICE IMMEDIATELY PRIOR
TO SUCH OUTSOURCING. THE NOTICE REQUIRED BY THIS SECTION SHALL ALSO BE
PROVIDED TO THE DEPARTMENT AT LEAST ONE HUNDRED EIGHTY DAYS IMMEDIATELY
PRIOR TO SUCH OUTSOURCING.
3. ANY EMPLOYEE DISPLACED BY THE PRACTICE OF OUTSOURCING JOBS SHALL
NOT BE REQUIRED, AS A CONDITION OF RECEIPT OF SEVERANCE PAY, TO TRAIN
EMPLOYEES OUTSIDE THE UNITED STATES OR ITS TERRITORIES WHO ARE REPLACING
SUCH DISPLACED EMPLOYEE.
4. ANY EMPLOYER FOUND TO BE IN VIOLATION OF THIS SECTION SHALL BE
SUBJECT TO THE PENALTIES OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTI-
CLE.
S 6. The executive law is amended by adding a new section 13 to read
as follows:
S 13. PROCUREMENT AGREEMENTS BETWEEN THE GOVERNOR AND MULTINATIONAL
ORGANIZATIONS. NOTWITHSTANDING ANY OTHER LAW, THE STATE, THROUGH THE
GOVERNOR, SHALL NOT ENTER INTO OR ADOPT OR SUPPORT ANY MULTINATIONAL
PROCUREMENT AGREEMENT OR AGREE TO AMEND OR RENEW ANY EXISTING MULTINA-
TIONAL PROCUREMENT AGREEMENT WITH ANY MULTINATIONAL TRADE ORGANIZATION,
CORPORATION OR OTHER BUSINESS ENTITY WITHOUT RATIFICATION BY THE LEGIS-
LATURE OF SUCH AGREEMENT. ANY SUCH AGREEMENT SHALL BE DEEMED RATIFIED
BY THE LEGISLATURE AFTER THE GOVERNOR'S CERTIFICATION TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE SECRETARY
OF STATE, THAT SUCH CONTRACT, THROUGH ITS TERMS, BETWEEN THE STATE AND
THE MULTINATIONAL TRADE ORGANIZATION, CORPORATION OR OTHER BUSINESS
ENTITY BY STATUTE, BY EXECUTIVE ORDER, OR BY THE TERMS OF ANY OTHER
AGREEMENT ENTERED INTO BY OR ON BEHALF OF SUCH ORGANIZATION, CORPORATION
OR OTHER BUSINESS ENTITY, PROVIDES ASSURANCE THAT SUCH MULTINATIONAL
TRADE ORGANIZATION, CORPORATION OR OTHER BUSINESS ENTITY WILL ADHERE TO
AND CARRY OUT THE PROVISIONS OF SUCH AGREEMENT PURSUANT TO THE
PROVISIONS OF ARTICLE TWENTY-FOUR-D OF THE GENERAL BUSINESS LAW, SECTION
ONE HUNDRED FORTY-EIGHT OF THE STATE FINANCE LAW, SECTION 5-707 OF THE
GENERAL OBLIGATIONS LAW, AND SECTION TWO HUNDRED ONE-G OF THE LABOR LAW,
AND UPON A MAJORITY VOTE BY THE SENATE AND ASSEMBLY APPROVING SUCH
AGREEMENT.
S 7. Nothing in this act shall be construed to impede, infringe or
diminish the integrity of collective bargaining agreements in existence
and effect on the effective date of this act. Nothing in this act shall
be construed to impede, infringe or diminish any agreement or contract
provisions in existence and effect on the effective date of this act.
S 8. If any item, clause, sentence, subparagraph, paragraph, subdivi-
sion, section, or any other part of this act, or the application thereof
to any person or circumstances, is held to be invalid, such holding
shall not affect, impair, or invalidate the remainder of this act, or of
the application of such section or part of a section held invalid, to
S. 3713 6
any other person or circumstances, but shall be confined in its opera-
tion to the item, clause, sentence, subparagraph, paragraph, subdivi-
sion, section, or other part of this act directly involved in such hold-
ing, or to the person and circumstances therein involved.
S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to agreements or contracts
entered into on or after such date.