What's happening
This bill prohibits New York state agencies from contracting for goods produced with forced, convict, or indentured labor and sets penalties for violations.
Why it matters
Strengthens ethical standards for state spending. by requiring contractors to explicitly certify that goods provided to New York agencies are not made with forced, convict, or indentured labor, aiming to prevent state funds from supporting exploitative labor practices.
Introduces enforceable penalties. including contract voiding, monetary fines (minimum $1,000 or 20% of the goods' value), and temporary bans from future bidding—for contractors who violate these terms, which increases the risks and consequences for unethical sourcing.
Provides due process and flexibility. by mandating fair hearings before sanctions and allowing agencies to consider good faith efforts by contractors, which both protects businesses acting responsibly and encourages proactive compliance.
Aligns state procurement with federal definitions. by referencing the U.S. Code’s definition of “forced labor,” ensuring consistency with federal law and making enforcement and compliance clearer for all parties involved.
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Who cares
Headline styles
Ban Forced Labor in Contracts
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
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 Assembly Committee · Labor · Sponsor Harry B. Bronson
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1396
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sens. COMRIE, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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
S. 1396 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.
Sponsor's memo
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, whichever 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
2015-16: S.5479/A/2486 Referred to Finance.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.