HB 94

This bill would require certain employers relocating call centers from this state to notify the Director of the Department of Economic and Community Affairs within a specified time frame prior to relocation

This bill would also provide for the assessment of penalties against employers who fail to provide the notice and allows the director to recapture certain benefits, such as grants, loans, or tax credits

This bill would also require state agencies to ensure that all call centers used by the entity are performed within the state and would preclude contractors with the state performing these services from performing work at a location outside the state

Relating to call centers; to require certain employers relocating call centers to provide notice prior to the relocation within a specified time frame; to provide for civil penalties and benefit recapture from employers that fail to provide notification; to require state agencies to ensure that call centers used by the agency or entity are located within the state; and to preclude contractors performing call center or customer service work from performing work at a location outside of the state.

Section 1

For the purposes of this act, the following words shall have the following meanings: (1) CALL CENTER. A physical location within the State of Alabama at which 50 or more individuals receive by telephone, email, or other electronic forms of communication requests for service and repairs and assist with a resolution. The term does not include locations within this state at which similar calls are resolved in whole or in part by means of computers, including, but not limited to, artificial intelligence. (2) DIRECTOR. The Director of the Department of Economic and Community Affairs. (3) EMPLOYER. A call center that employs either of the following: a. Fifty or more individuals, excluding part-time employees. b. Fifty or more individuals who, in the aggregate, work at least 1,500 hours each week for the employer, not including overtime hours. (4) PART-TIME EMPLOYEE. An individual employed for an average of fewer than 20 hours each week or for fewer than six of the 12 months before the date on which a determination to relocate is made.

Section 2

(a) An employer that intends to relocate a call center, or one or more facilities or operating units within a call center consisting of at least 30 percent of the call center's total volume when measured against the previous 12-month average call volume from this state, shall notify the director at least 120 days before the relocation is scheduled to occur. (b) If the employer fails to provide notice pursuant to subsection (a), the director shall notify the Attorney General of the failure, and the Attorney General shall commence an action for assessment of a civil penalty against the employer in the circuit court in the county where the employer's call center is located. Upon a finding that an employer has violated subsection (a), the court shall assess a civil penalty of not more than ten thousand dollars ($10,000) against the employer for each day the employer failed to provide the notice. (c) A court may reduce a civil penalty imposed under subsection (b) if the court determines that an employer has shown just cause as to why notification under subsection (a) was not made in the time frame required.

Section 3

(a) Beginning October 1, 2019, and every six months thereafter, the director shall compile a list of every employer that has relocated a call center, or one or more facilities or operating units within a call center consisting of at least 30 percent of the call center's total volume when measured against the previous 12-month average call volume, from this state. (b) The director shall include on the list the name of each employer and the date on which the call center was relocated. (c) The director shall immediately distribute the list to each state agency and political subdivision of the state that provides the employers with any grants, loans, or tax credits.

Section 4

(a) Except as provided in subsection (c), an employer that appears on a list compiled by the director pursuant to Section 3 is ineligible to receive from the state or any political subdivision of the state any grant, loan, or tax credit until five years after the date on which the employer relocated the call center. (b) Except as provided in subsection (c), if an employer appears on a list compiled under Section 3, the director shall recapture from the employer an amount equal to the unamortized value of any grant, loan, or tax credit that the employer received from the state or any political subdivision of the state on or after the effective date of this act. The employer shall pay the recapture amount to the director within 30 days of receiving the recapture demand. (c) The director may waive the disqualification provided for in subsection (a) if the employer applying for the grant, loan, or tax credit demonstrates that one or more of the following will happen if the grant, loan, or tax credit is not provided: (1) Substantial job loss in the state. (2) Harm to the environment of the state. (3) A significant economic impact to the state.

Section 5

(a) This section applies to contracts entered into on or after the effective date of this act. (b) Each state agency within the executive department shall ensure that all call center and customer service work performed for the agency is performed entirely within the state. (c) A contractor that performs call center or customer service work for the state may not hire an individual to perform the work at a location outside of the state. (d) Beginning October 1, 2020, each individual employed by a contractor to perform call center or customer service work for the state shall perform the work within the state.

Section 6

This act may not be construed as permitting the withholding or denial of payments, compensation, or benefits from employees.

Section 7

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.