Bill Text: NY A04312 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the "minimum standards for subsidized jobs act"; defines terms; restricts persons, associations, corporations or other entities from being eligible to receive any economic development subsidies unless such entities pay all of their employees a minimum wage that is at least one dollar per hour higher than the state's minimum wage; employs twenty percent of its workers who will participate in the state worker training program, and have not been adjudicated to be in violation of any federal, state or local laws for at least the previous five years.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-01-04 - referred to labor [A04312 Detail]

Download: New_York-2011-A04312-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4312
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M.  of A. CRESPO, N. RIVERA -- read once and referred to
         the Committee on Labor
       AN ACT to amend the labor law, in relation to establishing the  "minimum
         standards for subsidized jobs act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known as the "minimum stand-
    2  ards for subsidized jobs act".
    3    S 2. Legislative findings and purpose. The  legislature  hereby  finds
    4  and declares that:
    5    (a)  Every  year,  New York state awards money in economic development
    6  subsidies to for-profit businesses.
    7    (b) When government invests  in  economic  development,  it  makes  no
    8  economic  sense to support the creation or promotion of jobs that do not
    9  give workers the chance to earn a decent living.
   10    (c) When state-subsidized jobs provide low wages  and  poor  benefits,
   11  they increase the need for government services, including public assist-
   12  ance for food, housing, health care, and child care.
   13    The  purpose  of  this act is to improve the effectiveness of economic
   14  development  expenditures,  take  pressure  off  state  social  services
   15  programs,  and  improve  the  public health and welfare by ensuring that
   16  major state subsidies are used to support at least minimum living stand-
   17  ards for working families.
   18    S 3. The labor law is amended by adding a new article 19-D to read  as
   19  follows:
   20                                ARTICLE 19-D
   21                  MINIMUM STANDARDS FOR SUBSIDIZED JOBS ACT
   22  SECTION 696. DEFINITION.
   23          697. MINIMUM STANDARDS FOR WAGES AND BENEFITS.
   24          698. ENFORCEMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04871-01-1
       A. 4312                             2
    1    S 696. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
    2  SUBSIDY"  MEANS ANY EXPENDITURE OF PUBLIC FUNDS WITH A VALUE OF AT LEAST
    3  ONE HUNDRED THOUSAND DOLLARS FOR THE  PURPOSE  OF  STIMULATING  ECONOMIC
    4  DEVELOPMENT  WITHIN  THE  STATE,  INCLUDING  BUT  NOT  LIMITED TO BONDS,
    5  GRANTS, LOANS, LOAN GUARANTEES, ENTERPRISE ZONES, EMPOWERMENT ZONES, TAX
    6  INCREMENT  FINANCING, FEE WAIVERS, LAND PRICE SUBSIDIES, MATCHING FUNDS,
    7  TAX ABATEMENTS, TAX EXEMPTIONS AND TAX CREDITS.
    8    S 697. MINIMUM STANDARDS FOR WAGES AND BENEFITS. 1. NO PERSON, ASSOCI-
    9  ATION, LIMITED LIABILITY COMPANY, CORPORATION OR OTHER ENTITY  SHALL  BE
   10  ELIGIBLE TO RECEIVE ANY ECONOMIC DEVELOPMENT SUBSIDY UNLESS IT:
   11    (A)  PAYS  ALL  ITS  EMPLOYEES  IN THE STATE A MINIMUM WAGE THAT IS AT
   12  LEAST ONE DOLLAR PER HOUR  HIGHER  THAN  THE  STATE'S  MINIMUM  WAGE  AS
   13  PROVIDED BY THIS CHAPTER.
   14    (B)  OFFERS  TO  AT LEAST TWENTY PERCENT OF ITS WORKERS IN THE STATE A
   15  WORKER TRAINING PROGRAM THAT  MEETS  MINIMUM  STANDARDS  ISSUED  BY  THE
   16  COMMISSIONER.
   17    (C)  HAS NOT BEEN ADJUDICATED TO BE IN VIOLATION OF ANY FEDERAL, STATE
   18  OR LOCAL LAWS FOR AT LEAST THE PRIOR FIVE YEARS.
   19    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   20    (A) A NOT-FOR-PROFIT ENTITY THAT IS EXEMPT FROM TAXATION  PURSUANT  TO
   21  STATE OR FEDERAL LAW.
   22    (B)  AN INTERN OR TRAINEE WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO
   23  IS EMPLOYED FOR A PERIOD OF NOT LONGER THAN THREE MONTHS.
   24    3. IF THE COMMISSIONER DETERMINES THAT  APPLICATION  OF  THIS  ARTICLE
   25  WOULD  CONFLICT  WITH  A  FEDERAL PROGRAM REQUIREMENT, THE COMMISSIONER,
   26  AFTER NOTICE AND PUBLIC HEARING, MAY GRANT A WAIVER  FROM  THE  REQUIRE-
   27  MENTS OF THIS ARTICLE.
   28    S  698.  ENFORCEMENT.  1. THE COMMISSIONER SHALL PROMULGATE SUCH REGU-
   29  LATIONS AS ARE NECESSARY TO IMPLEMENT AND ADMINISTER COMPLIANCE WITH THE
   30  PROVISIONS OF THIS ARTICLE.
   31    2. NO PERSON, ASSOCIATION, LIMITED LIABILITY COMPANY,  CORPORATION  OR
   32  OTHER  ENTITY  SHALL DISCHARGE, DEMOTE, HARASS OR OTHERWISE TAKE ADVERSE
   33  ACTIONS  AGAINST  ANY  INDIVIDUAL  BECAUSE  SUCH  INDIVIDUAL  SEEKS  THE
   34  ENFORCEMENT  OF  THIS  ARTICLE, OR TESTIFIES, ASSISTS OR PARTICIPATES IN
   35  ANY MANNER IN AN INVESTIGATION, HEARING OR OTHER PROCEEDING  TO  ENFORCE
   36  THIS ARTICLE.
   37    3.  NO  ENTITY SHALL PAY AN EMPLOYEE THROUGH A THIRD PARTY OR TREAT AN
   38  EMPLOYEE AS A SUBCONTRACTOR  OR  INDEPENDENT  CONTRACTOR  TO  AVOID  THE
   39  REQUIREMENTS OF THIS ARTICLE.
   40    S  4.  This  act  shall take effect on the sixtieth day after it shall
   41  have become a law and shall apply to any  economic  development  subsidy
   42  awarded or renewed on or after such effective date.