S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2170--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Labor -- recommitted to the Committee on Labor in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the labor law, in relation to  enacting  the  "save  New
   York call center jobs act of 2018"
 
   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 2018".
   §  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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00830-04-8
              

 A. 2170--A                          2
 
   (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.
   § 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.
   §  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.
   § 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.

 A. 2170--A                          3
 
   §  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.
   § 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.