senate Bill S975A

Directs state university trustees to promulgate and enforce a sweat-free code of conduct for the licensing and purchase of apparel at colleges of state university

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 29 / Feb / 2012
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 29 / Feb / 2012
    • PRINT NUMBER 975A

Summary

Directs the state university trustees to promulgate and enforce a sweat-free code of conduct for the licensing and purchase of apparel at colleges and universities of the state university; requires provision in contracts with apparel manufacturers providing for the termination thereof if the manufacturer uses a sweatshop; requires that at least one member of the special task force on the apparel industry be a representative of the state university of New York.

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Bill Details

Versions:
S975
S975A
Legislative Cycle:
2011-2012
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §361, Ed L; amd §342, Lab L
Versions Introduced in 2009-2010 Legislative Cycle:
S5609

Sponsor Memo

BILL NUMBER:S975A REVISED 03/02/12

TITLE OF BILL:
An act to amend the education law, in relation to establishing a
sweat-free code of conduct for apparel licensed by the colleges and
universities of the state university; and to amend the labor law, in
relation to the special task force for the apparel industry

PURPOSE:
The Ethical Business Conduct in Higher Education Act.

Directs state university trustees to promulgate and enforce a
sweat-free code of conduct for the licensing and purchase of apparel
at colleges of state university.

SUMMARY OF PROVISIONS:
Section 1. The name of the act is The Ethical Business Conduct in
Higher Education Act.

Section 2 provides for legislative intent.

Section 3 amends the education law by adding section 361 to require
SUNY to issue rules prohibiting its campuses from affiliating with
sweatshops, provides a time line for all campuses to comply, and
requires campuses to include "null and void" clauses if their
contractors are found to use sweatshops.

On or before January 31st, 2013 the chancellor must submit to the
state university trustees a code of conduct to accomplish above. On or
before September 1st, 2013, the chancellor must submit to the
legislature and the governor a preliminary report of which
institutions no longer affiliate with the sweatshops for apparel and
which institutions have joined the Workers Rights Consortium and the
Designated Supplier Program.

JUSTIFICATION:
Presently 60 of the 64 state university campuses have failed to take
the example or lead of the universities at Albany and Buffalo, which
have adopted the Designated Supplier Program, and the colleges at New
Paltz and Cortland, all four of which have affiliated with the Worker
Rights Consortium to ensure sweat-free manufacturing.

For almost two decades labor, religious, and student groups have made
some progress towards putting an end to sweatshop labor practices.
However, it is time for the SUNY Central Administration to issue rules
for all of its campuses which will bring an end to its relationships
with sweatshops.

Rutgers University, the University of California and Washington State
University are some of the state university systems around the nation
that have aggressively moved to stop their campuses from signing
contracts to produce campus apparel with manufacturers which use
sweatshops.

LEGISLATIVE HISTORY:
2009-10: S.5609/A.7376 (P.Rivera) - Referred to Higher Education


FISCAL IMPLICATIONS:
Not applicable.

EFFECTIVE DATE:
This bill will take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 975--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. HASSELL-THOMPSON, DUANE, KRUEGER, MONTGOMERY, PARKER
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on Higher Education -- recommitted to the Committee on
  Higher Education in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to establishing a  sweat-
  free  code of conduct for apparel licensed by the colleges and univer-
  sities of the state  university;  and  to  amend  the  labor  law,  in
  relation to the special task force for the apparel industry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "ethical business conduct in higher education act".
  S  2.  Legislative intent. The legislature hereby finds that the state
university of New York has not responded to decades  old  requests  that
its  campuses  disaffiliate their business relationships with sweatshops
in the production and licensing of campus apparel. It is now clear  that
voluntary action by each campus is no longer an option and that the time
has come to require a system-wide set of rules and regulations be put in
place by the chancellor and board of trustees of the state university of
New York.
  For years, lawmakers, religious and labor groups have criticized state
university  campus'  affiliations  with  apparel  manufacturers  who are
indifferent to the fact that  workers  making  university  apparel  face
abusive  treatment,  excessive  working  hours, dangerous conditions and
wages that are inadequate to meet basic needs.
  There continues to be  a  strong  demand  that  all  state  university
campuses  diligently  adopt  sweat-free  standards  in  the  purchase of
athletic apparel and in the licensing of campus  merchandise.  Advocates

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00244-02-2

S. 975--A                           2

on  behalf  of working people deplore the repression and exploitation of
apparel workers in Latin America and elsewhere in the world. The univer-
sities and colleges of the state   university of New York  should  be  a
model  for  ethical  business  conduct,  both for their students and the
broader public. It is past time for the state university system adminis-
tration and all its campuses to affiliate with the sweat-free and worker
rights work of the Worker Rights Consortium and the Designated  Supplier
Program  and  end their business relationships that are de facto support
for sweatshop conditions.
  Presently 60 of the 64 state university campuses have failed  to  take
the  example  or  lead  of the universities at Albany and Buffalo, which
have adopted the Designated Supplier Program, and the  colleges  at  New
Paltz  and  Cortland,  all four of which have affiliated with the Worker
Rights Consortium to ensure sweat-free manufacturing.
  It is obvious that where there has been strong leadership and  commit-
ment to protecting worker rights this issue has been resolved.  However,
we  cannot  wait  indefinitely  for  the  other 60 campuses to engage in
ethical business behavior that demonstrates  our  national  respect  for
human rights, worker rights and anti-child labor rights.
  It  is well understood by organized labor, religious organizations and
social justice groups that the apparel  industry  continues  to  operate
under  a  paradigm of cost-cutting without respect to human consequence,
the tragic results of which are the sweatshop conditions that plague the
supply chains of  university  licensed  apparel.  All  state  university
campuses  that  have  not already done so must adopt sweat-free codes of
conduct to which apparel manufacturers producing university apparel must
adhere.
  It is the findings of the legislature that in order to comprehensively
remedy this situation it must be  required  that  the  state  university
administration  put  in  place strict policies for all its campuses with
regard to how their apparel is manufactured.  It  is  unacceptable  that
after  all  the years of calls to end such practices, campus administra-
tors continue to ignore the violations of human rights that  take  place
in order for their campus apparel to be manufactured and sold.
  S  3. The education law is amended by adding a new section 361 to read
as follows:
  S 361. SWEAT-FREE CODE OF CONDUCT.  1.   THE CHANCELLOR OF  THE  STATE
UNIVERSITY  SHALL, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND THIR-
TEEN, DEVELOP AND DRAFT A SWEAT-FREE CODE OF CONDUCT  FOR  THE  PURCHASE
AND  LICENSING  OF APPAREL BY STATE-OPERATED INSTITUTIONS. SUCH CODE, TO
THE EXTENT PRACTICABLE, SHALL MEET OR EXCEED THE  LABOR  STANDARDS,  AND
BUSINESS AND FACTORY DISCLOSURE REQUIREMENTS ENUMERATED IN WORKER RIGHTS
CONSORTIUM'S  MODEL  CODE  OF  CONDUCT.  THE  CODE  SHALL  REQUIRE  EACH
STATE-OPERATED INSTITUTION TO AFFILIATE WITH THE WORKER RIGHTS CONSORTI-
UM AND PARTICIPATE IN THE DESIGNATED SUPPLIER PROGRAM FOR THE PURPOSE OF
EFFECTIVELY ENFORCING THE PROVISIONS OF SUCH  CODE.    FURTHERMORE,  THE
SWEAT-FREE  CODE  OF CONDUCT SHALL PROVIDE THAT EVERY CONTRACT BETWEEN A
STATE-OPERATED INSTITUTION AND ANY APPAREL MANUFACTURER SHALL INCLUDE  A
PROVISION  PROVIDING  FOR  THE  TERMINATION  AND  NULLIFICATION  OF SUCH
CONTRACT UPON ANY FINDING OF A  VIOLATION  OF  THE  SWEAT-FREE  CODE  OF
CONDUCT  IN FACILITIES THAT SUCH MANUFACTURER OPERATES OR FROM WHOM SUCH
MANUFACTURER PURCHASES PRODUCTS.   SUCH CODE OF  CONDUCT  SHALL  PROVIDE
THAT  NOTICE  OF ANY SUCH VIOLATION MAY BE PROVIDED BY THE WORKER RIGHTS
CONSORTIUM. THE SWEAT-FREE CODE OF CONDUCT SHALL PROVIDE FOR  A  REMEDI-
ATION  PROCESS WHEREBY ANY SUCH MANUFACTURER MAY BE GRANTED THE OPPORTU-
NITY TO TAKE CORRECTIVE ACTION PRIOR TO CONTRACT TERMINATION. SUCH REME-

S. 975--A                           3

DIATION PROCESS, TO THE EXTENT PRACTICABLE, SHALL  REFLECT  THE  PROCESS
DESCRIBED IN THE MODEL CODE OF CONDUCT OF THE WORKER RIGHTS CONSORTIUM.
  2. SUCH CHANCELLOR SHALL, ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOU-
SAND  THIRTEEN,  SUBMIT  TO  THE  STATE  UNIVERSITY TRUSTEES THE CODE OF
CONDUCT DEVELOPED AND  DRAFTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION.  SUCH  CODE OF CONDUCT SHALL BE ADOPTED BY THE STATE UNIVERSITY
TRUSTEES ON OR BEFORE MARCH THIRTIETH, TWO THOUSAND THIRTEEN,  AS  RULES
AND  REGULATIONS  APPLICABLE  TO ALL STATE-OPERATED INSTITUTIONS.   SUCH
RULES AND REGULATIONS SHALL INCLUDE PROVISIONS FOR THE ENFORCEMENT THER-
EOF TO ENSURE FULL COMPLIANCE THEREWITH BY STATE OPERATED INSTITUTIONS.
  3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND THIRTEEN, THE CHANCELLOR
OF THE STATE UNIVERSITY SHALL SUBMIT A PRELIMINARY REPORT TO THE  GOVER-
NOR AND THE LEGISLATURE WHICH SHALL INCLUDE A LIST OF THE STATE-OPERATED
INSTITUTIONS WHICH HAVE COME INTO COMPLIANCE WITH THE SWEAT-FREE CODE OF
CONDUCT,  AND  WHEN ANY PURCHASING AND LICENSING AGREEMENTS WITH APPAREL
MANUFACTURERS WHICH HAVE FAILED TO COMPLY WITH THE  PROVISIONS  OF  SUCH
CODE  OF  CONDUCT, WILL EXPIRE.  SUCH PRELIMINARY REPORT SHALL INCLUDE A
LIST OF EACH STATE-OPERATED INSTITUTION THAT  HAS  AFFILIATED  WITH  THE
WORKER  RIGHTS  CONSORTIUM  AND  PARTICIPATES IN THE DESIGNATED SUPPLIER
PROGRAM.
  4. THE CHANCELLOR OF THE STATE UNIVERSITY SHALL, ON OR BEFORE  JANUARY
THIRTY-FIRST, TWO THOUSAND FOURTEEN, SUBMIT A FINAL REPORT TO THE GOVER-
NOR AND THE LEGISLATURE WHICH SHALL INCLUDE A LIST OF THE STATE-OPERATED
INSTITUTIONS WHICH HAVE COME INTO COMPLIANCE WITH THE SWEAT-FREE CODE OF
CONDUCT,  A  LIST OF EACH STATE-OPERATED INSTITUTION THAT HAS AFFILIATED
WITH THE WORKER RIGHTS CONSORTIUM AND  PARTICIPATES  IN  THE  DESIGNATED
SUPPLIER  PROGRAM, AND WHEN ANY PURCHASING AND LICENSING AGREEMENTS WITH
APPAREL MANUFACTURERS WHICH HAVE FAILED TO COMPLY WITH THE PROVISIONS OF
SUCH CODE OF CONDUCT, WILL EXPIRE.
  5. THE CHIEF EXECUTIVE  OFFICER  OF  EACH  STATE-OPERATED  INSTITUTION
WHICH  HAS  FAILED  TO COMPLY WITH THE CODE OF CONDUCT OR AFFILIATE WITH
THE WORKER RIGHTS CONSORTIUM AND PARTICIPATE IN THE DESIGNATED  SUPPLIER
PROGRAM  ON  OR BEFORE MARCH FIRST, TWO THOUSAND FOURTEEN, SHALL SUBMIT,
BY FIRST CLASS MAIL, TO THE GOVERNOR, EACH MEMBER OF THE LEGISLATURE AND
EACH MEMBER OF THE STATE UNIVERSITY TRUSTEES A DETAILED  EXPLANATION  OF
THE  DELAY  IN  COMPLIANCE AND/OR AFFILIATION, AND WHEN FULL COMPLIANCE,
AFFILIATION AND/OR PARTICIPATION WILL BE COMPLETED.
  6. ON OR BEFORE SEPTEMBER FIRST,  TWO  THOUSAND  FOURTEEN,  THE  STATE
UNIVERSITY  TRUSTEES SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE ON
THE ACTIONS  THAT  HAVE  BEEN  TAKEN  TO  ENFORCE  COMPLIANCE  WITH  THE
PROVISIONS OF THE CODE OF CONDUCT.
  7.  NO  PROVISION  OF THIS SECTION, OR ANY RULE, REGULATION OR CODE OF
CONDUCT ADOPTED PURSUANT THERETO, SHALL BE DEEMED TO ESTABLISH ANY POWER
OR DUTY IN VIOLATION OF ANY FEDERAL LAW, RULE OR REGULATION.
  S 4. The opening paragraph of section 342 of the labor law, as amended
by chapter 41 of the laws of 2004, is amended to read as follows:
  The commissioner is authorized to establish a special task  force  for
the  purpose  of  concentrating  enforcement  of the labor law affecting
production employees in the apparel  industry  in  New  York  state  and
otherwise  exercising  the duties and powers set forth in sections three
hundred forty-three and three hundred forty-four of this article.    NOT
LESS THAN ONE MEMBER OF SUCH TASK FORCE SHALL BE A REPRESENTATIVE OF THE
STATE UNIVERSITY OF NEW YORK. Such special task force shall be empowered
to  investigate  and  conduct  inspections at locations where an apparel
industry contractor is operating.
  S 5. This act shall take effect immediately.

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