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.
STATE OF NEW YORK
________________________________________________________________________
5938
2011-2012 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The state finance law is amended by adding a new section
2 148 to read as follows:
3 § 148. Prohibition against forced labor. 1. Every contract entered
4 into by any state agency for the procurement of equipment, materials, or
5 supplies shall contain a statement in which the contractor attests that
6 no foreign-made equipment, materials, or supplies furnished to the state
7 pursuant to the contract have been produced in whole or in part by
8 forced labor, convict labor, or indentured labor under penal sanction.
9 2. Any contractor contracting with the state who furnishes foreign-
10 made equipment, materials, or supplies produced in whole or in part by
11 forced labor, convict labor, or indentured labor under penal sanction,
12 after providing a statement pursuant to subdivision one of this section,
13 shall have the contract voided, shall be assessed a penalty of one thou-
14 sand dollars or an amount equaling twenty percent of the value of the
15 equipment, materials, or supplies, whichever is greater, and shall be
16 prohibited from bidding for a period not to exceed three hundred sixty
17 days.
18 3. When imposing the sanctions described in subdivision two of this
19 section, the contracting agency shall provide for a fair hearing and
20 notice. The agency shall take into consideration any measures the
21 contractor has taken to ensure compliance with this section, and may
22 waive any or all of the sanctions if it determines that the contractor
23 has acted in good faith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07915-01-1
A. 5938 2
1 4. For purposes of this section, the term "forced labor" shall have
2 the same meaning as in section 1307 of Title 19 of the United States
3 Code.
4 § 2. This act shall take effect on the sixtieth day after it shall
5 have become a law.
