|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 03, 2010 |
referred to codes delivered to senate passed assembly |
| Jan 25, 2010 |
amended on third reading 470a |
| Jan 06, 2010 |
ordered to third reading cal.29 returned to assembly died in senate |
| May 11, 2009 |
referred to finance delivered to senate passed assembly |
| May 07, 2009 |
advanced to third reading cal.500 |
| May 05, 2009 |
reported |
| Apr 06, 2009 |
reported referred to ways and means |
| Mar 03, 2009 |
reported referred to codes |
| Jan 07, 2009 |
referred to labor |
Assembly Bill A470
2009-2010 Legislative Session
Sponsored By
JOHN
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Catherine Nolan
William Colton
Mark J.F. Schroeder
2009-A470 - Details
- Current Committee:
- Senate Codes
- Law Section:
- State Finance Law
- Laws Affected:
- Add §148, St Fin L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5938
2013-2014: A678
2015-2016: A2486
2017-2018: A1883
2009-A470 - Summary
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, 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 servitude; provides sanctions for violations; provides waivers for good faith violations.
2009-A470 - Sponsor Memo
BILL NUMBER:A470
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 equip-
ment, materials or supplies
PURPOSE OR GENERAL IDEA OF BILL: 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 SPECIFIC PROVISIONS: Section 1 provides that every contract
entered into by a state agency for the procurement of equipment, materi-
als 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 commod-
2009-A470 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
470
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN, NOLAN -- 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
147 to read as follows:
S 147. 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
FOREIGN-MADE 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 PENAL-
TY 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.
co-Sponsors
Catherine Nolan
William Colton
Mark J.F. Schroeder
2009-A470A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- State Finance Law
- Laws Affected:
- Add §148, St Fin L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5938
2013-2014: A678
2015-2016: A2486
2017-2018: A1883
2009-A470A (ACTIVE) - Summary
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, 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 servitude; provides sanctions for violations; provides waivers for good faith violations.
2009-A470A (ACTIVE) - Sponsor Memo
BILL NUMBER:A470A
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 equip-
ment, materials or supplies
PURPOSE OR GENERAL IDEA OF BILL: 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 SPECIFIC PROVISIONS: Section 1 provides that every contract
entered into by a state agency for the procurement of equipment, materi-
als 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 commod-
2009-A470A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
470--A
Cal. No. 29
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN, NOLAN, COLTON, SCHROEDER -- read once and
referred to the Committee on Labor -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
S 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
FOREIGN-MADE 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 PENAL-
TY 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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