senate Bill S3351

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Feb 01, 2013 referred to higher education

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S3351 - Bill Details

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

S3351 - Bill Texts

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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 NUMBER:S3351

TITLE OF BILL: An act to amend the education law, in relation to estab-
lishing 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 indus-
try

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 sweatsh-
ops, 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 affil-
iate 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.

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

                                  3351

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  KRUEGER,  MONTGOMERY,  PARKER,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Higher Education

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06478-01-3

S. 3351                             2

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 finding 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  FOUR-
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-
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 FOURTEEN, SUBMIT TO THE  STATE  UNIVERSITY  TRUSTEES  THE  CODE  OF

S. 3351                             3

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 FOURTEEN, 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 FOURTEEN, 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 FIFTEEN, 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 FIFTEEN, 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 FIFTEEN, 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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