Provides that every procurement contract entered into by a state agency shall contain a statement from the contractor that no forced labor was used

1 Co-sponsor

• Bill Perkins

BILL NUMBER:S5479

Title of bill

An act to amend the state finance law, in relation to contracts entered into by a state agency for the procurement of equipment, materials or supplies

Purpose

To ensure that every procurement contract entered into by a state agency shall contain a statement from the contractor that no forced labor was used.

Summary of provisions

Section 1 provides that every contract entered into by a state agency for the procurement of equipment, materials or supplies shall contain a statement in which the contractor attests that no foreign-made equipment, material, or supplies furnished to the state pursuant to the contract has been produced in whole or part by the use of forced labor, convict labor, or indentured labor under penal sanction. Section 1 (2) provides that contractors who provide such goods contrary to their statement denying use of forced labor shall have their contract voided and be assessed a penalty of one thousand dollars, or an amount equal 20% of the product's value, which ever is greater and shall be prohibited from bidding for not more than 360 days.

Justification

Many emerging nations utilize forced labor to stifle dissent while improving their own economies through the export of these cheaply made products. In addition, forced labor is at odds with the New York state constitution which states that "labor is not a commodity". Forced labor discourages competition in local economies. Harry Wu, noted humanitarian was imprisoned in China for his work in investigating forced labor and its exports. The state should not even indirectly support the tragic and wrongful imprisonment of human beings.

Legislative history

This is a new bill.

Fiscal implications

None.

Local fiscal implications

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.