S03351 Summary:

BILL NOS03351
 
SAME ASNo same as
 
SPONSORHASSELL-THOMPSON
 
COSPNSRKRUEGER, MONTGOMERY, PARKER, STAVISKY
 
MLTSPNSR
 
Add S361, Ed L; amd S342, Lab L
 
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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S03351 Actions:

BILL NOS03351
 
02/01/2013REFERRED TO HIGHER EDUCATION
01/08/2014REFERRED TO HIGHER EDUCATION
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S03351 Floor Votes:

There are no votes for this bill in this legislative session.
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S03351 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3351
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "ethical business conduct in higher education act".
     3    § 2. Legislative intent. The legislature hereby finds that  the  state
     4  university  of  New  York has not responded to decades old requests that
     5  its campuses disaffiliate their business relationships  with  sweatshops
     6  in  the production and licensing of campus apparel. It is now clear that
     7  voluntary action by each campus is no longer an option and that the time
     8  has come to require a system-wide set of rules and regulations be put in

     9  place by the chancellor and board of trustees of the state university of
    10  New York.
    11    For years, lawmakers, religious and labor groups have criticized state
    12  university campus'  affiliations  with  apparel  manufacturers  who  are
    13  indifferent  to  the  fact  that  workers making university apparel face
    14  abusive treatment, excessive working  hours,  dangerous  conditions  and
    15  wages that are inadequate to meet basic needs.
    16    There  continues  to  be  a  strong  demand  that all state university
    17  campuses diligently  adopt  sweat-free  standards  in  the  purchase  of
    18  athletic  apparel  and in the licensing of campus merchandise. Advocates
    19  on behalf of working people deplore the repression and  exploitation  of
    20  apparel workers in Latin America and elsewhere in the world. The univer-
    21  sities  and  colleges  of the state   university of New York should be a

    22  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
 
     1  broader public. It is past time for the state university system adminis-
     2  tration and all its campuses to affiliate with the sweat-free and worker
     3  rights  work of the Worker Rights Consortium and the Designated Supplier
     4  Program  and  end their business relationships that are de facto support
     5  for sweatshop conditions.
     6    Presently 60 of the 64 state university campuses have failed  to  take
     7  the  example  or  lead  of the universities at Albany and Buffalo, which

     8  have adopted the Designated Supplier Program, and the  colleges  at  New
     9  Paltz  and  Cortland,  all four of which have affiliated with the Worker
    10  Rights Consortium to ensure sweat-free manufacturing.
    11    It is obvious that where there has been strong leadership and  commit-
    12  ment to protecting worker rights this issue has been resolved.  However,
    13  we  cannot  wait  indefinitely  for  the  other 60 campuses to engage in
    14  ethical business behavior that demonstrates  our  national  respect  for
    15  human rights, worker rights and anti-child labor rights.
    16    It  is well understood by organized labor, religious organizations and
    17  social justice groups that the apparel  industry  continues  to  operate
    18  under  a  paradigm of cost-cutting without respect to human consequence,
    19  the tragic results of which are the sweatshop conditions that plague the

    20  supply chains of  university  licensed  apparel.  All  state  university
    21  campuses  that  have  not already done so must adopt sweat-free codes of
    22  conduct to which apparel manufacturers producing university apparel must
    23  adhere.
    24    It is the finding of the legislature that in order to  comprehensively
    25  remedy  this  situation  it  must  be required that the state university
    26  administration put in place strict policies for all  its  campuses  with
    27  regard  to  how  their  apparel is manufactured. It is unacceptable that
    28  after all the years of calls to end such practices,  campus  administra-
    29  tors  continue  to ignore the violations of human rights that take place
    30  in order for their campus apparel to be manufactured and sold.
    31    § 3. The education law is amended by adding a new section 361 to  read
    32  as follows:

    33    §  361.  Sweat-free  code of conduct.  1.  The chancellor of the state
    34  university shall, on or before January thirty-first, two thousand  four-
    35  teen,  develop  and  draft a sweat-free code of conduct for the purchase
    36  and licensing of apparel by state-operated institutions. Such  code,  to
    37  the  extent  practicable,  shall meet or exceed the labor standards, and
    38  business and factory disclosure requirements enumerated in Worker Rights
    39  Consortium's Model Code of Conduct. The code shall require  each  state-
    40  operated  institution to affiliate with the Worker Rights Consortium and
    41  participate in the Designated Supplier Program for the purpose of effec-
    42  tively enforcing the provisions of such code.   Furthermore, the  sweat-

    43  free  code of conduct shall provide that every contract between a state-
    44  operated institution  and  any  apparel  manufacturer  shall  include  a
    45  provision  providing  for  the  termination  and  nullification  of such
    46  contract upon any finding of a  violation  of  the  sweat-free  code  of
    47  conduct  in facilities that such manufacturer operates or from whom such
    48  manufacturer purchases products.   Such code of  conduct  shall  provide
    49  that  notice  of any such violation may be provided by the Worker Rights
    50  Consortium. The sweat-free code of conduct shall provide for  a  remedi-
    51  ation  process whereby any such manufacturer may be granted the opportu-
    52  nity to take corrective action prior to contract termination. Such reme-

    53  diation process, to the extent practicable, shall  reflect  the  process
    54  described in the Model Code of Conduct of the Worker Rights Consortium.
    55    2. Such chancellor shall, on or before January thirty-first, two thou-
    56  sand  fourteen,  submit  to  the  state  university trustees the code of

        S. 3351                             3
 
     1  conduct developed and  drafted  pursuant  to  subdivision  one  of  this
     2  section.  Such  code of conduct shall be adopted by the state university
     3  trustees on or before March thirtieth, two thousand fourteen,  as  rules
     4  and  regulations  applicable  to all state-operated institutions.   Such
     5  rules and regulations shall include provisions for the enforcement ther-

     6  eof to ensure full compliance therewith by state operated institutions.
     7    3. On or before September first, two thousand fourteen, the chancellor
     8  of the state university shall submit a preliminary report to the  gover-
     9  nor and the legislature which shall include a list of the state-operated
    10  institutions which have come into compliance with the sweat-free code of
    11  conduct,  and  when any purchasing and licensing agreements with apparel
    12  manufacturers which have failed to comply with the  provisions  of  such
    13  code  of  conduct, will expire.  Such preliminary report shall include a
    14  list of each state-operated institution that  has  affiliated  with  the
    15  Worker  Rights  Consortium  and  participates in the Designated Supplier
    16  Program.

    17    4. The chancellor of the state university shall, on or before  January
    18  thirty-first,  two thousand fifteen, submit a final report to the gover-
    19  nor and the legislature which shall include a list of the state-operated
    20  institutions which have come into compliance with the sweat-free code of
    21  conduct, a list of each state-operated institution that  has  affiliated
    22  with  the  Worker  Rights  Consortium and participates in the Designated
    23  Supplier Program, and when any purchasing and licensing agreements  with
    24  apparel manufacturers which have failed to comply with the provisions of
    25  such code of conduct, will expire.
    26    5.  The  chief  executive  officer  of each state-operated institution

    27  which has failed to comply with the code of conduct  or  affiliate  with
    28  the  Worker Rights Consortium and participate in the Designated Supplier
    29  Program on or before March first, two thousand fifteen, shall submit, by
    30  first class mail, to the governor, each member of  the  legislature  and
    31  each  member  of the state university trustees a detailed explanation of
    32  the delay in compliance and/or affiliation, and  when  full  compliance,
    33  affiliation and/or participation will be completed.
    34    6.  On  or  before  September  first,  two thousand fifteen, the state
    35  university trustees shall report to the governor and the legislature  on
    36  the  actions  that  have  been  taken  to  enforce  compliance  with the
    37  provisions of the code of conduct.

    38    7. No provision of this section, or any rule, regulation  or  code  of
    39  conduct adopted pursuant thereto, shall be deemed to establish any power
    40  or duty in violation of any federal law, rule or regulation.
    41    § 4. The opening paragraph of section 342 of the labor law, as amended
    42  by chapter 41 of the laws of 2004, is amended to read as follows:
    43    The  commissioner  is authorized to establish a special task force for
    44  the purpose of concentrating enforcement  of  the  labor  law  affecting
    45  production  employees  in  the  apparel  industry  in New York state and
    46  otherwise exercising the duties and powers set forth in  sections  three
    47  hundred  forty-three  and three hundred forty-four of this article.  Not
    48  less than one member of such task force shall be a representative of the

    49  state university of New York. Such special task force shall be empowered
    50  to investigate and conduct inspections at  locations  where  an  apparel
    51  industry contractor is operating.
    52    § 5. This act shall take effect immediately.
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