1Requiring employers that intend to relocate call centers
2overseas to notify the Secretary of Labor and Industry;
3imposing powers and duties on the Secretary of Labor and
4Industry; and prescribing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Call Center
9Jobs Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Call center." One or more locations that utilize
15telecommunications services in one or more of the following
16activities:

17(1) customer services;

18(2) soliciting sales;

19(3) reactivating dormant accounts;

1(4) conducting surveys or research;

2(5) fundraising;

3(6) collection of receivables;

4(7) receiving reservations; or

5(8) receiving orders or taking orders.

6"Employer." Any business enterprise that employs for the
7purpose of customer service or back-office operations:

8(1) fifty or more employees, excluding part-time
9employees; or

10(2) fifty or more employees who in the aggregate work at
11least 1,500 hours per week, exclusive of overtime.

12"Part-time employee." An employee who is employed for an
13average of fewer than 20 hours per week or who has been employed
14for fewer than six of the 12 months preceding the date on which
15notice is required.

16 "Secretary." The Secretary of Labor and Industry of the
17Commonwealth.

18Section 3. Notice to secretary.

19(a) General rule.--

20(1) An employer that intends to relocate a call center
21or one or more facilities or operating units within a call
22center comprising at least 30% of the call center's or
23operating unit's total volume when measured against the
24previous 12-month average call volume of operations or
25substantially similar operations from this Commonwealth to a
26foreign country shall notify the secretary at least 120 days
27before the relocation.

28(2) An employer that violates paragraph (1) shall be
29subject to a civil penalty of not more than $10,000 for each
30day of such violation, except that the secretary may reduce

1such amount for just cause shown.

2(b) Duties of secretary.--The secretary shall compile a
3semiannual list of all employers that notify the secretary of an
4intent to relocate a call center or one or more facilities or
5operating units within a call center comprising at least 40% of
6the call center's total volume of operations from this
7Commonwealth to a foreign country. The secretary shall
8distribute the list to all State agencies.

9Section 4. Effect on grants or guaranteed loans.

10(a) Ineligibility.--Except as provided in subsection (b),
11and notwithstanding any other provision of law, an employer that
12appears on the list provided for in section 3 shall be
13ineligible for any direct or indirect State grants or State-
14guaranteed loans for five years after the date on which the list
15is published.

16(b) Reversion.--Except as provided in subsection (c) and
17notwithstanding any other provision of law, an employer that
18appears on the list provided for in section 3 shall remit to the
19State Treasurer the unamortized value of any grant, guaranteed
20loans, tax benefits or any other governmental support it has
21previously received.

22(c) Exceptions.--The secretary, in consultation with the
23appropriate agency providing a loan or grant, may waive the
24ineligibility requirement provided under subsection (a) if the
25employer applying for the loan or grant demonstrates that a lack
26of such loan or grant would:

27(1) threaten national security;

28(2) result in substantial job loss in this Commonwealth;
29or

30(3) harm the environment.

1Section 5. In-State procurement.

2(a) General rule.--The head of each State agency shall
3ensure that all State-business-related call center and customer
4service work be performed by State contractors or their agents
5or subcontractors entirely within this Commonwealth.

6(b) Existing State contractors.--

7(1) A State contractor who, on the effective date of
8this section, performs such work outside this Commonwealth
9shall comply with the provisions of this act within two years
10of the effective date of this section.

11(2) If a State contractor subject to paragraph (1) adds
12a customer service employee who will perform work on such
13contract, then the new employee shall immediately be employed
14within this Commonwealth.

15Section 6. State benefits for workers.

16No provision of this act shall be construed to permit
17withholding or denial of payments, compensation or benefits
18under any State law, including, but not limited to, unemployment
19compensation, disability payments or workers' compensation to
20persons employed by employers that relocate to a foreign
21country.

22Section 7. Effective date.

23This act shall take effect in 60 days.