NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1695A
SPONSOR: Colton (MS) TITLE OF BILL: An act to amend the economic development law, in
relation to requiring the department of economic development to prepare
a report relating to international trade agreements
PURPOSE OR GENERAL IDEA OF BILL:
To promote understanding of the impact in international trade agreement
will have on the welfare of New York state business, industry, commerce,
job market, laws and regulatory authority.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 describes the legislative intent.
§2 amends subdivision 47 of section 100 of the economic development law,
requiring the Department of Economic Development to produce a report on
an international trade agreement once a request is made by federal offi-
cials to any state official for the authority to commit the state to
comply with the procurement rules of an international trade agreement or
for submission of state entities or laws that should be exempted from an
international trade agreement. If no such request is made, the report
shall be produced one year after notice is provided to congress with
respect to initiating negotiation for a new agreement. The report shall
provide an analysis of the impact the international trade agreement will
have on New York State business, industry, commerce, job market, laws
and regulatory authority, and an estimate of how much it may cost the
state to enforce.
JUSTIFICATION:
The non-partisan Economic Policy Institute released figures in 2010
which tied the loss of 682,900 U.S. jobs to the passage of NAFTA. While
NAFTA can be attributed to the creation of 46,000 jobs in New York State
between 1993 and 2003, it has also led to the loss of 103,000 jobs in
the state during the same period. NAFTA and other free trade agreements
(FTAs) have taken quite a toll on New York State's manufacturing and
agricultural sectors, while boosting the state's financial sector. The
uneven effects of free trade on the state have created vast disparities
in employment and wages from region to region.
In 2011 the U.S. Congress passed three new FTAs with South Korea, Pana-
ma, and Colombia, with little or no input from state governments. These
agreements were wrought with controversy and drew substantial oppo-
sition. The International Trade Commission stated that the FTA with
South Korea would most likely increase the U.S. trade deficit, and kill
more jobs than it aims to create.
The FTA with South Korea is the most significant since NAFTA and will
basically give South Korean companies a "hunting license" to go after
NYS laws they feel are a barrier to market access. The PTA gives more
rights to foreign companies to challenge our laws than our own domestic
businesses. At this moment in time the European Union (ElI) is pushing
the U.S. to eliminate carve outs for Minority and Women-owned Business
Enterprises (MWBE) and demanding stringent enforcement of provisions
contained in the WTO's Government Procurement Agreement (GPA) with state
governments.
Transparency in trade policy is crucial to protecting the lives and
livelihoods of New York State's citizens and keeping our economy strong.
The international trade division of Empire State Development and other
relevant state agencies should be tasked with evaluating trade agree-
ments to assess their effects on New York state business, industry,
commerce, job market, laws- and regulatory authority. If we are to pres-
sure our federal representatives into formulating trade deals with New
Yorkers' interests in mind, the Legislature must do everything in it its
power to ensure that the public is informed and involved in the process.
PRIOR LEGISLATIVE HISTORY:
2012: A.708-D/Passed; S.2398-D/Labor
2011: A.708/Labor, S.2398/Labor
2009-10: A.1268/Labor, S.3350/Labor
2008: A.8567-A/Rules, S.4786-A/Passed
2007:A.8567-A/Rules, S.4786-.A/Passed.
FISCAL IMPLICATIONS:
Negligible.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1695--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. COLTON, ABBATE, CAHILL, JAFFEE, PERRY, SCHIMEL,
KELLNER, MAISEL, ROBINSON, WRIGHT, STEVENSON, MOYA, HOOPER -- Multi-
Sponsored by -- M. of A. BOYLAND, CAMARA, CRESPO, GABRYSZAK, GIBSON,
GIGLIO, GOTTFRIED, HIKIND, LIFTON, MARKEY, MILLMAN, SWEENEY, WEINSTEIN
-- read once and referred to the Committee on Governmental Operations
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the economic development law, in relation to requiring
the department of economic development to prepare a report relating to
international trade agreements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that it is necessary to adopt such measures as may best be
3 calculated to promote understanding of the impact international trade
4 agreements will have on the welfare of New York state business, industry
5 and commerce within and outside of the state.
6 § 2. Subdivision 47 of section 100 of the economic development law, as
7 renumbered by chapter 427 of the laws of 2008, is renumbered subdivision
8 48 and a new subdivision 47 is added to read as follows:
9 47. to prepare a report to be submitted to the governor, the temporary
10 president of the senate, the speaker of the assembly and the state's
11 congressional delegation within thirty days after a request is made by
12 federal officials to any state official for authority to commit the
13 state to comply with the procurement rules of an international trade
14 agreement or for submission of state entities or laws that should be
15 exempted from an international trade agreement or if no such request is
16 made, within one year after notice is provided to congress with respect
17 to initiating negotiation for a new agreement, consisting of findings
18 and analysis derived from data received from any agency, bureau, commis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02097-09-3
A. 1695--A 2
1 sion, authority, office of the state or any political subdivision there-
2 of and, to the extent practicable, from any federal entity. Such report
3 shall provide an analysis describing the terms of the proposed interna-
4 tional trade agreement and the impact, if any, such agreement would have
5 on the state's commerce, industry, job market, laws and regulatory
6 authority and to what extent, if any, the resources of the state would
7 be utilized in enforcing and regulating the terms of the agreement.
8 § 3. This act shall take effect immediately.
