S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  567--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, COLTON, PAULIN, ARROYO, BARRON,
   CARROLL, STECK, WALKER, RAMOS, ABINANTI, HYNDMAN,  JEAN-PIERRE,  DICK-
   ENS,  PEOPLES-STOKES,  SEAWRIGHT, RYAN, ORTIZ, DE LA ROSA, FAHY, BENE-
   DETTO, GLICK, PERRY, D'URSO, RAIA,  GARBARINO,  DINOWITZ,  RICHARDSON,
   OTIS,  GOTTFRIED,  ROZIC,  CUSICK,  SIMON,  WOERNER, MOSLEY, BUCHWALD,
   WALLACE, AUBRY,  BICHOTTE,  QUART,  GALEF,  STIRPE,  LUPARDO,  CRESPO,
   SANTABARBARA,   WILLIAMS,  M. L. MILLER,  WEPRIN,  B. MILLER,  TAYLOR,
   NORRIS, DAVILA, EPSTEIN, NIOU -- Multi-Sponsored by -- M. of A. ENGLE-
   BRIGHT, HEVESI, LENTOL, McDONOUGH, RODRIGUEZ, THIELE, WRIGHT  --  read
   once  and  referred  to  the  Committee on Ways and Means -- 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  "New  York
   call center 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 and may  be  cited  as
 the "New York call center jobs act".
   §  2.  The  labor law is amended by adding a new article 21 to read as
 follows:
                                ARTICLE 21
                       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.
         776. REGULATIONS.
   § 770. DEFINITIONS. AS USED IN THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01837-02-9

 A. 567--A                           2
 
   1. THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION  WHEREBY
 EMPLOYEES  RECEIVE PHONE 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.
   § 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  OR
 ANY  OTHER STATE 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 AN ANNUAL 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 OR TO ANOTHER STATE.
   4. THE COMMISSIONER SHALL MAKE THE LIST CREATED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION, AVAILABLE TO THE PUBLIC AND SHALL PROMINENT-
 LY DISPLAY A LINK TO THE LIST ON THE DEPARTMENT'S WEBSITE.
   §  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  IN  THE  PAST FIVE YEARS.   THE PROVISIONS OF THIS
 SUBDIVISION SHALL APPLY TO GRANTS, LOANS,  TAX  BENEFITS  AND  FINANCIAL
 GOVERNMENTAL  ASSISTANCE THAT IS RECEIVED ON OR AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE.  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT
 THE EMPLOYER FROM RECEIVING ANY  GRANT  TO  PROVIDE  TRAINING  OR  OTHER
 EMPLOYMENT  ASSISTANCE  TO  INDIVIDUALS  WHO  ARE  SELECTED  AS BEING IN
 PARTICULAR NEED OF TRAINING OR OTHER EMPLOYMENT ASSISTANCE  DUE  TO  THE
 TRANSFER OR RELOCATION OF THE EMPLOYER'S FACILITY OR OPERATING UNITS.
   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. 567--A                           3
 
   (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,  EXCEPT  THAT  BUSINESSES  SUBJECT  TO  A
 CONTRACT  AGREED  TO  PRIOR  TO  THE EFFECTIVE DATE OF THIS ARTICLE WITH
 TERMS EXTENDING BEYOND A DATE GREATER THAN TWO YEARS AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBDIVI-
 SION AT THE NEXT POINT IN WHICH THE CONTRACT IS SUBJECT TO RENEWAL.
   § 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.
   § 776. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH  RULES  AND
 REGULATIONS  AS SHALL BE NECESSARY AND PROPER TO EFFECTUATE THE PURPOSES
 AND PROVISIONS OF THIS ARTICLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  567--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, COLTON, PAULIN, ARROYO, BARRON,
   CARROLL, STECK, WALKER, RAMOS, ABINANTI, HYNDMAN,  JEAN-PIERRE,  DICK-
   ENS,  PEOPLES-STOKES,  SEAWRIGHT, RYAN, ORTIZ, DE LA ROSA, FAHY, BENE-
   DETTO, GLICK, PERRY, D'URSO, RAIA,  GARBARINO,  DINOWITZ,  RICHARDSON,
   OTIS,  GOTTFRIED,  ROZIC,  CUSICK,  SIMON,  WOERNER, MOSLEY, BUCHWALD,
   WALLACE, AUBRY,  BICHOTTE,  QUART,  GALEF,  STIRPE,  LUPARDO,  CRESPO,
   SANTABARBARA,   WILLIAMS,  M. L. MILLER,  WEPRIN,  B. MILLER,  TAYLOR,
   NORRIS, DAVILA, EPSTEIN, NIOU, REYES, BURKE, BRAUNSTEIN, FALL, ZEBROW-
   SKI, STERN, SIMOTAS, BRONSON, LiPETRI, REILLY -- Multi-Sponsored by --
   M. of A. DenDEKKER, ENGLEBRIGHT, HEVESI,  LENTOL,  LIFTON,  McDONOUGH,
   RODRIGUEZ,  THIELE,  WRIGHT -- read once and referred to the Committee
   on Ways and Means  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the labor law, in relation to enacting the "New York
   call center 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 and may be cited as
 the "New York call center jobs act".
   § 2. The labor law is amended by adding a new article 21  to  read  as
 follows:
                                ARTICLE 21
                       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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01837-05-9

 A. 567--B                           2
 
         775. NO PRIVATE RIGHT OF ACTION.
         776. REGULATIONS.
   § 770. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION WHEREBY
 EMPLOYEES RECEIVE PHONE CALLS OR OTHER ELECTRONIC COMMUNICATION FOR  THE
 PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR OTHER SERVICE.
   2.  (A) THE TERM "CALL CENTER 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.
   § 771. LIST OF RELOCATED CALL CENTERS.  1. A CALL CENTER EMPLOYER THAT
 INTENDS TO RELOCATE A CALL CENTER FROM NEW YORK STATE TO A FOREIGN COUN-
 TRY OR ANY OTHER STATE, OR REDUCE CALL VOLUME HANDLED AT CALL CENTERS IN
 NEW  YORK  STATE BY AT LEAST THIRTY PERCENT, MEASURED AS THE CALL VOLUME
 OF THE PREVIOUS CALENDAR MONTH COMPARED  TO  THE  AVERAGE  MONTHLY  CALL
 VOLUME OF THE PREVIOUS TWELVE MONTHS, AND INTENDS TO RELOCATE SUCH OPER-
 ATIONS  FROM  NEW  YORK  STATE  TO A FOREIGN COUNTRY OR ANY OTHER STATE,
 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 AN ANNUAL LIST OF ALL CALL CENTER
 EMPLOYERS THAT RELOCATE OR REDUCE CALL VOLUME  PURSUANT  TO  SUBDIVISION
 ONE OF THIS SECTION, AND SUCH LIST SHALL BE MADE AVAILABLE TO THE PUBLIC
 AND  SHALL  PROMINENTLY  DISPLAY  A LINK TO THE LIST ON THE DEPARTMENT'S
 WEBSITE.
   4. THE COMMISSIONER SHALL MAKE THE LIST CREATED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION, AVAILABLE TO THE PUBLIC AND SHALL PROMINENT-
 LY DISPLAY A LINK TO THE LIST ON THE DEPARTMENT'S WEBSITE.
   §  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  IN  THE  PAST FIVE YEARS.   THE PROVISIONS OF THIS
 SUBDIVISION SHALL APPLY TO GRANTS, LOANS,  TAX  BENEFITS  AND  FINANCIAL
 GOVERNMENTAL  ASSISTANCE THAT IS RECEIVED ON OR AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE.  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT
 THE CALL CENTER EMPLOYER FROM RECEIVING ANY GRANT TO PROVIDE TRAINING OR
 OTHER EMPLOYMENT ASSISTANCE TO INDIVIDUALS WHO ARE SELECTED AS BEING  IN
 PARTICULAR  NEED  OF  TRAINING OR OTHER EMPLOYMENT ASSISTANCE DUE TO THE

 A. 567--B                           3
 
 TRANSFER OR RELOCATION OF THE CALL CENTER EMPLOYER'S FACILITY OR OPERAT-
 ING UNITS.
   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 CALL CENTER 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 CONTRACTS  FOR  CALL  CENTER  AND
 CUSTOMER  SERVICE WORK BE PERFORMED BY STATE CONTRACTORS OR OTHER AGENTS
 OR SUBCONTRACTORS ENTIRELY WITHIN THE STATE OF NEW YORK. STATE  CONTRAC-
 TORS 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, EXCEPT THAT BUSINESSES SUBJECT TO
 A CONTRACT AGREED TO PRIOR TO THE EFFECTIVE DATE OF  THIS  ARTICLE  WITH
 TERMS EXTENDING BEYOND A DATE GREATER THAN TWO YEARS AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBDIVI-
 SION AT THE NEXT POINT IN WHICH THE CONTRACT IS SUBJECT TO RENEWAL.
   §  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 CALL CENTER EMPLOYERS
 THAT RELOCATE 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 A  CALL  CENTER  EMPLOYER
 WHO  HAS VIOLATED, OR IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS
 ARTICLE.
   § 776. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH  RULES  AND
 REGULATIONS  AS SHALL BE NECESSARY AND PROPER TO EFFECTUATE THE PURPOSES
 AND PROVISIONS OF THIS ARTICLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  567--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, COLTON, PAULIN, ARROYO, BARRON,
   CARROLL, STECK, WALKER, RAMOS, ABINANTI, HYNDMAN,  JEAN-PIERRE,  DICK-
   ENS,  PEOPLES-STOKES,  SEAWRIGHT, RYAN, ORTIZ, DE LA ROSA, FAHY, BENE-
   DETTO, GLICK, PERRY, D'URSO, RAIA,  GARBARINO,  DINOWITZ,  RICHARDSON,
   OTIS,  GOTTFRIED,  ROZIC,  CUSICK,  SIMON,  WOERNER, MOSLEY, BUCHWALD,
   WALLACE, AUBRY,  BICHOTTE,  QUART,  GALEF,  STIRPE,  LUPARDO,  CRESPO,
   SANTABARBARA,   WILLIAMS,  M. L. MILLER,  WEPRIN,  B. MILLER,  TAYLOR,
   NORRIS, DAVILA, EPSTEIN, NIOU, REYES, BURKE, BRAUNSTEIN, FALL, ZEBROW-
   SKI, STERN, SIMOTAS, BRONSON, LiPETRI, REILLY, HUNTER, SMITH, COOK  --
   Multi-Sponsored  by  --  M.  of  A.    DenDEKKER, ENGLEBRIGHT, HEVESI,
   LENTOL, LIFTON, McDONOUGH, RODRIGUEZ, THIELE, WRIGHT -- read once  and
   referred  to  the Committee on Ways and Means -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to  enacting  the  "New  York
   call center 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 and may  be  cited  as
 the "New York call center jobs act".
   §  2.  The  labor law is amended by adding a new article 21 to read as
 follows:
                                ARTICLE 21
                       NEW YORK CALL CENTER JOBS ACT
 SECTION 770. DEFINITIONS.
         771. LIST OF RELOCATED CALL CENTERS.
         772. GRANTS, GUARANTEED LOANS AND TAX BENEFITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01837-06-9

 A. 567--C                           2
 
         773. PROCUREMENT CONTRACTS.
         774. STATE BENEFITS FOR WORKERS.
         775. NO PRIVATE RIGHT OF ACTION.
         776. REGULATIONS.
   § 770. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION WHEREBY
 EMPLOYEES RECEIVE PHONE CALLS OR OTHER ELECTRONIC COMMUNICATION FOR  THE
 PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR OTHER SERVICE.
   2.  (A) THE TERM "CALL CENTER 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.
   § 771. LIST OF RELOCATED CALL CENTERS.  1. A CALL CENTER EMPLOYER THAT
 INTENDS TO RELOCATE A CALL CENTER FROM NEW YORK STATE TO A FOREIGN COUN-
 TRY OR ANY OTHER STATE, OR REDUCE CALL VOLUME HANDLED AT CALL CENTERS IN
 NEW  YORK  STATE BY AT LEAST THIRTY PERCENT, MEASURED AS THE CALL VOLUME
 OF THE PREVIOUS CALENDAR MONTH COMPARED  TO  THE  AVERAGE  MONTHLY  CALL
 VOLUME OF THE PREVIOUS TWELVE MONTHS, AND INTENDS TO RELOCATE SUCH OPER-
 ATIONS  FROM  NEW  YORK  STATE  TO A FOREIGN COUNTRY OR ANY OTHER STATE,
 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 AN ANNUAL LIST OF ALL CALL CENTER
 EMPLOYERS THAT RELOCATE OR REDUCE CALL VOLUME  PURSUANT  TO  SUBDIVISION
 ONE OF THIS SECTION, AND SUCH LIST SHALL BE MADE AVAILABLE TO THE PUBLIC
 AND  SHALL  PROMINENTLY  DISPLAY  A LINK TO THE LIST ON THE DEPARTMENT'S
 WEBSITE.
   4. THE COMMISSIONER SHALL MAKE THE LIST CREATED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION, AVAILABLE TO THE PUBLIC AND SHALL PROMINENT-
 LY DISPLAY A LINK TO THE LIST ON THE DEPARTMENT'S WEBSITE.
   §  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  IN  THE  PAST  FIVE  YEARS. THE PROVISIONS OF THIS
 SUBDIVISION SHALL APPLY TO GRANTS, LOANS,  TAX  BENEFITS  AND  FINANCIAL
 GOVERNMENTAL  ASSISTANCE  THAT IS ENTERED INTO ON OR AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE. NOTHING IN THIS SUBDIVISION  SHALL  BE  DEEMED  TO
 PREVENT  THE  CALL  CENTER  EMPLOYER FROM RECEIVING ANY GRANT TO PROVIDE
 TRAINING OR OTHER EMPLOYMENT ASSISTANCE TO INDIVIDUALS WHO ARE  SELECTED

 A. 567--C                           3
 
 AS  BEING  IN PARTICULAR NEED OF TRAINING OR OTHER EMPLOYMENT ASSISTANCE
 DUE TO THE TRANSFER OR RELOCATION OF THE CALL CENTER EMPLOYER'S FACILITY
 OR OPERATING UNITS.
   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 CALL CENTER 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 CONTRACTS  FOR  CALL  CENTER  AND
 CUSTOMER  SERVICE WORK BE PERFORMED BY STATE CONTRACTORS OR OTHER AGENTS
 OR SUBCONTRACTORS ENTIRELY WITHIN THE STATE OF NEW YORK. STATE  CONTRAC-
 TORS 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, EXCEPT THAT BUSINESSES SUBJECT TO
 A CONTRACT AGREED TO PRIOR TO THE EFFECTIVE DATE OF  THIS  ARTICLE  WITH
 TERMS EXTENDING BEYOND A DATE GREATER THAN TWO YEARS AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBDIVI-
 SION AT THE NEXT POINT IN WHICH THE CONTRACT IS SUBJECT TO RENEWAL.
   §  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 CALL CENTER EMPLOYERS
 THAT RELOCATE 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 A  CALL  CENTER  EMPLOYER
 WHO  HAS VIOLATED, OR IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS
 ARTICLE.
   § 776. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH  RULES  AND
 REGULATIONS  AS SHALL BE NECESSARY AND PROPER TO EFFECTUATE THE PURPOSES
 AND PROVISIONS OF THIS ARTICLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.