S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1826--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by Sens. KENNEDY, ADDABBO, BENJAMIN, BIAGGI, BOYLE, BRESLIN,
   GAUGHRAN, GOUNARDES, HARCKHAM, JACKSON, KAPLAN, LIU, MAY, MAYER, METZ-
   GER, MYRIE, RAMOS, SALAZAR, SAVINO, SKOUFIS, STAVISKY  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Labor  -- 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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02106-05-9
              

 S. 1826--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.
   § 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) 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

 S. 1826--A                          3
 
 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
 ________________________________________________________________________
 
                                  1826--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BOYLE,
   BRESLIN, BROOKS,  COMRIE,  GALLIVAN,  GAUGHRAN,  GIANARIS,  GOUNARDES,
   HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,  KRUEGER,
   LANZA, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,  PARKER,
   PERSAUD,  RAMOS,  SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVISKY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Labor -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  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.
                                                            LBD02106-07-9

              

 S. 1826--B                          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 "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
 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

 S. 1826--B                          3
 
 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
 ________________________________________________________________________
 
                                  1826--C
     Cal. No. 225
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BOYLE,
   BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,  GALLIVAN,  GAUGHRAN,  GIANARIS,
   GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN, KAVANAGH,
   KRUEGER, LANZA, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,
   PARKER, PERSAUD, RAMOS, SALAZAR, SANDERS,  SAVINO,  SERRANO,  SKOUFIS,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee  and  committed  to  the
   Committee  on  Finance  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   amended on second report, ordered  to  a  third  reading,  and  to  be
   reprinted  as amended, retaining its place in the order of third read-
   ing
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02106-08-9

 S. 1826--C                          2
 
         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
 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.

 S. 1826--C                          3
 
   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.