Assembly Bill A5938

2011-2012 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

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Archive: Last Bill Status - In Assembly 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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2011-A5938 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
State Finance Law
Laws Affected:
Add §148, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A470
2013-2014: A678
2015-2016: A2486
2017-2018: A1883

2011-A5938 (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.

2011-A5938 (ACTIVE) - Bill Text download pdf 

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

                                  5938

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M. of A. BRONSON, STEVENSON -- 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
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.
                                                           LBD07915-01-1

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