What's happening
This bill requires state contracts for equipment, materials, or supplies to certify no use of forced or convict labor, with penalties for violations.
Why it matters
Raises ethical standards for state purchases. by requiring contractors to guarantee that foreign-made goods provided to New York are not made with forced, convict, or indentured labor, addressing concerns about human rights abuses in supply chains.
Introduces significant penalties and enforcement mechanisms,. including voiding contracts, financial penalties, and temporary bans from bidding, to deter companies from misrepresenting their labor practices or sourcing from exploitative suppliers.
Provides for due process and consideration of good faith efforts. Contractors accused of violations are entitled to a fair hearing, and penalties can be waived if the contractor demonstrates genuine efforts to comply, which may encourage businesses to improve supply chain oversight rather than simply avoid state contracts.
Aligns state procurement with federal definitions and standards. by referencing existing U.S. law on forced labor, promoting consistency and potentially making compliance easier for companies already subject to federal rules.
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Ban Forced Labor in Contracts
Plain English, a few words. Used as the page title.
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History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Forced Labor in Contracts
In Senate Committee · Finance · Sponsor Leroy Comrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1883
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
Introduced by M. of A. BRONSON -- read once and referred to the Committee on Labor
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The state finance law is amended by adding a new section 148 to read as follows:
§ 148. Prohibition against forced labor. 1. Every contract entered into by any state agency for the procurement of equipment, materials, or supplies shall contain a statement in which the contractor attests that no foreign-made equipment, materials, or supplies furnished to the state pursuant to the contract have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction.
2. Any contractor contracting with the state who furnishes foreignmade equipment, materials, or supplies produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction, after providing a statement pursuant to subdivision one of this section, shall have the contract voided, shall be assessed a penalty of one thousand dollars or an amount equaling twenty percent of the value of the equipment, materials, or supplies, whichever is greater, and shall be prohibited from bidding for a period not to exceed three hundred sixty days.
3. When imposing the sanctions described in subdivision two of this section, the contracting agency shall provide for a fair hearing and notice. The agency shall take into consideration any measures the contractor has taken to ensure compliance with this section, and may waive any or all of the sanctions if it determines that the contractor has acted in good faith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00313-01-7
A. 1883 2
4. For purposes of this section, the term "forced labor" shall have the same meaning as in section 1307 of Title 19 of the United States Code.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.