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

                                 542--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. KENNEDY, ADDABBO, AVELLA, HASSELL-THOMPSON, STAVI-
  SKY, VALESKY -- read twice and ordered printed, and when printed to be
  committed to the Committee on Labor -- recommitted to the Committee on
  Labor  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the labor law, in relation to enacting the "save New
  York call center jobs act of 2014"

  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 2014".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02435-02-4
              

S. 542--A                           2

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.
  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

S. 542--A                           3

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-
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.