NY State Senate Bill 2009-S6180

Senate Bill S6180

2009-2010 Legislative Session

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

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2010	committee discharged and committed to codes
Jan 06, 2010	referred to finance
Sep 21, 2009	referred to rules

2009-S6180 (ACTIVE) - Details

See Assembly Version of this Bill:: A470
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-S6180 (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-S6180 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6180

 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


 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, 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.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal.

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

2009-S6180 (ACTIVE) - Bill Text download pdf

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

                                  6180

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                           September 21, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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
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.
                                                           LBD02543-03-9

S. 6180                             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.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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