Bill Text: OH SB369 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require the Director of Commerce to keep a list of Ohio call centers, or facilities or operating units within a call center, that transfer or relocate to a foreign country, to prohibit call centers operating in a foreign country from receiving state funds, and to require call center employees to disclose their location to United States consumers if the call center is operating in a foreign country and transfer a consumer to a United States call center upon request.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-09-11 - To Insurance, Commerce, & Labor [SB369 Detail]

Download: Ohio-2011-SB369-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 369

Senator Schiavoni 

Cosponsor: Senator Skindell 

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A BILL

To enact sections 4174.01, 4174.02, 4174.03, 4174.04,

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4174.05, 4174.06, and 4174.07 of the Revised Code

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to require the Director of Commerce to keep a list

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of Ohio call centers, or facilities or operating

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units within a call center, that transfer or

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relocate to a foreign country, to prohibit call

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centers operating in a foreign country from

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receiving state funds, and to require call center

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employees to disclose their location to United

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States consumers if the call center is operating

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in a foreign country and transfer a consumer to a

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United States call center upon request.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4174.01, 4174.02, 4174.03, 4174.04,	13
4174.05, 4174.06, and 4174.07 of the Revised Code be enacted to	14
read as follows:	15

Sec. 4174.01.  As used in this chapter:

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(A) "Call center" means a facility or other operation whereby	17
employees receive telephone calls or other electronic	18
communication for the purpose of providing customer assistance or	19
other service.	20

(B) "Consumer" means any individual within the territorial	21
jurisdiction of the United States who is involved in a transaction	22
primarily for personal, family, or household purposes.	23

(C) "Customer service communication" means any	24
telecommunication or wire communication between a consumer and a	25
call center in furtherance of commerce.	26

(D) "Employer" means any individual, partnership,	27
association, corporation, business trust, or any person or group	28
of persons acting in the interest of an employer that employs	29
fifty or more full-time employees or fifty or more employees that	30
in the aggregate work at least one thousand five hundred hours per	31
week, excluding overtime hours, for the purpose of staffing a call	32
center.	33

(E) "Facility or operating unit" means a section of a call	34
center comprising at least thirty per cent of the call center's	35
total operating volume of telephone calls or other electronic	36
communications when measured against the average volume of those	37
operations during the immediately previous twelve months.	38

Sec. 4174.02.  (A) An employer shall notify the director of	39
commerce at least one hundred twenty days prior to either of the	40
following:	41

(1) The relocation or transfer of a call center from this	42
state to a foreign country;	43

(2) The relocation or transfer of a facility or operating	44
unit within a call center from this state to a foreign country.	45

(B) After a hearing conducted in accordance with Chapter 119.	46
of the Revised Code, an employer found in violation of the	47
notification requirement of division (A) of this section shall be	48
subject to a civil penalty in an amount that shall not exceed ten	49
thousand dollars for each day the employer fails to provide the	50
notification. The director may reduce the penalty or waive the	51
penalty upon the showing of just cause.	52

(C) Beginning six months after the effective date of this	53
section, and every six months thereafter, the director shall	54
compile a list of all call center employers that relocate a call	55
center or one or more facilities or operating units within a call	56
center from this state to a foreign country. An employer shall	57
remain on the list for a period not to exceed three years after	58
each instance of relocation to a foreign country.	59

(D) If an employer relocates or transfers a call center, or a	60
facility or operating unit within a call center, from this state	61
to a foreign country, but subsequently returns that same call	62
center, facility, or operating unit to the United States, the	63
employer may notify the director of the return. If the employer's	64
name is on the list required under division (C) of this section	65
because of the relocation or transfer of the returned call center,	66
facility, or operating unit at the time the employer notifies the	67
director, the director shall remove the employer's name from this	68
list.	69

(E) The director shall make the list required under division	70
(C) of this section available to the public.	71

Sec. 4174.03.  (A) Notwithstanding any other provision of law	72
to the contrary, an employer that appears on the list described in	73
division (C) of section 4174.02 of the Revised Code is ineligible	74
to receive any direct or indirect state grant, state guaranteed	75
loan, tax benefit, or other financial support from the state until	76
the employer no longer appears on the list.	77

(B) The director of commerce, in consultation with the	78
appropriate state agency providing any financial support described	79
in division (A) of this section, may waive the requirement	80
provided in division (A) of this section if the employer	81
demonstrates to the director that the requirement would do any of	82
the following:	83

(1) Threaten state or national security;

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(2) Result in substantial job loss in this state;

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(3) Harm the environment.

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(C) Notwithstanding any other provision of law to the	87
contrary, a department or agency of this state, in making or	88
awarding a contract for call center services, shall grant a	89
preference for the contract to an otherwise qualified business	90
that is located in this state and that employs residents of this	91
state.	92

Sec. 4174.04.  (A) A call center that initiates or receives a	93
customer service communication shall require that each employee or	94
agent of the call center participating in the communication to	95
disclose the employee's or agent's physical location at the	96
beginning of each customer service communication that is initiated	97
or received except in either of the following circumstances:	98

(1) The employee or agent of the call center involved in the	99
customer service communication is physically located in the United	100
States.	101

(2) The consumer initiates the communication with the call	102
center employee or agent who is physically located outside of the	103
United States and the consumer knows or reasonably should know	104
that the employee or agent is physically located outside of the	105
United States.	106

(B) A call center that is subject to the requirements of	107
division (A) of this section shall, at the request of a consumer,	108
transfer the consumer to a customer service agent who is	109
physically located inside the United States.	110

Sec. 4174.05.  Nothing in this chapter shall be construed to	111
permit the withholding or denial of payments, compensation, or	112
benefits under any state law, including unemployment compensation	113
benefits, disability benefits, or worker retraining or	114
readjustment benefits, to employees employed by an employer that	115
relocates a call center or transfers one or more facilities or	116
operating units within a call center to a foreign country.	117

Sec. 4174.06.  Nothing in this chapter shall be construed as	118
creating, establishing, or authorizing a private cause of action	119
by an aggrieved person against an employer who has violated, or is	120
alleged to have violated, any provision of this chapter.	121

Sec. 4174.07.  The director of commerce shall adopt rules in	122
accordance with Chapter 119. of the Revised Code as the director	123
considers appropriate to carry out the purposes of this chapter.	124