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Assembly Bill A1883

2017-2018 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

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2017-A1883 (ACTIVE) - Details

See Senate Version of this Bill:
S1396
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
2011-2012: A5938
2013-2014: A678
2015-2016: A2486, S5479

2017-A1883 (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.

2017-A1883 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1883
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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:
   § 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 PENALTY OF ONE THOU-
 SAND 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.
                                                            LBD00313-01-7

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