Prohibits the state from purchasing any product that was made with child labor or which contains components or parts manufactured or procured using child labor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4389
SPONSOR: Molitor TITLE OF BILL:
An act to amend the state finance law, in relation to prohibiting the
state from purchasing any product that was made with child labor
PURPOSE:
The purpose of this legislation is to prohibit the purchase by the State
of New York of products that were manufactured using child labor.
SUMMARY OF PROVISIONS:
Section 1 amends section 165 of the State Finance Law by adding a new
subdivision 9 to prohibit a state agency from purchasing products made
with child labor, including products manufactured in another country,
nation or providence, that would violate New York child labor laws if
produced in New York State. The Commissioner of General Services would
be required to prepare a list of such products.
JUSTIFICATION:
The evils of child labor have long been documented. In 1916 photographer
Lewis Hines documented the plight of child workers. As described by the
Smithsonian Institute:
(C)hildren (were) growing up stunted mentally (illiterate or barely able
to read because their jobs kept them out of school) and physically (from
lack of fresh air, exercise, and time to relax and play).... (C)ountless
children (were) injured or permanently disabled on the job.
New York State responded to these serious problems over 125 years ago by
banning or regulating the employment of young children. The first child
labor law was enacted in 1897, and it has been strengthened several
times, since then.
Currently, section 131 of the Labor Law restricts the employment of
children under the age of 14 or 15 years old, and Section 133 of the
Labor Law prohibits the employment of any children under the age of 18
in connection with a mine or quarry or any occupation involving power-
driven woodworking, metal forming, or related occupations.
Unfortunately, child labor remains a huge issue internationally.
According to UNICEF, roughly 160 million children were the victims of
child labor in 2020. As noted by UNICF:
"The consequences are staggering. Child labour can result in extreme
bodily and mental harm, and even death. It can lead to slavery and sexu-
al or economic exploitation. And in nearly every case, it cuts children
off from schooling and health care, restricting their fundamental rights
... Whatever the cause, child labour compounds social inequity and
discrimination. Unlike activities that help children develop, ... child
labour limits access to education and harms a child's physical, mental
and social, growth. Especially for girls, the "triple burden" of
school, work, and household chores heightens their risk of falling
behind, making them even more vulnerable to poverty and exclusion." The
International Labor Organization notes that "{c}hild labor, as the
statistics clearly demonstrate, is a problem of immense global
proportions." The ILO Conventions ban the use of young children in
"hazardous work," which would include "work which exposes children to
physical, psychological or sexual abuse; work underground, underwater,
at dangerous heights or in confined spaces; work with dangerous machin-
ery, equipment and tools or carrying heavy loads; exposure to hazardous
substances, agents or -processes, or to temperatures, noise levels or
vibrations damaging to health; work for long hours, night work, and
unreasonable confinement to the premises of the employer."
Despite the nearly universal condemnation of child labor, many foreign
countries continue to exploit young children. The use of child labor is
tracked by the United States Department of Labor, which annually issues
a List of Goods Produced by Child Labor that identifies both specific
products and the country of origin.
It is unconscionable that New York State should spend taxpayer money to
support those countries and companies that abuse children in ways that
would clearly violate New York child labor laws.
PRIOR LEGISLATIVE HISTORY:
A.10017 2024 - Referred to Governmental Operations
FISCAL IMPLICATIONS:
New York may incur additional costs in purchasing products that did not
rely on child labor, which is often underpaid.
EFFECTIVE DATE:
The act would become effective the first of July in the next succeeding
year after enactment.
STATE OF NEW YORK
________________________________________________________________________
4389
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to prohibiting the
state from purchasing any product that was made with child labor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 165 of the state finance law is amended by adding a
2 new subdivision 10 to read as follows:
3 10. Products manufactured using child labor.
4 a. The commissioner of general services shall prepare a list of all
5 products known to be manufactured in whole or in part using child labor,
6 including any products manufactured in any other country, nation or
7 province which would violate the laws of New York if it were manufac-
8 tured within the state.
9 b. A state agency shall not enter into any contract for procurement of
10 any product manufactured in whole or in part using child labor, as iden-
11 tified by the commissioner of general services, including any product
12 manufactured in any other country, nation or province which would
13 violate the laws of New York if it were manufactured within the state.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08650-01-5
