Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to finance |
May 14, 2015 |
referred to finance |
Senate Bill S5479
2015-2016 Legislative Session
Sponsored By
(D) 14th Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) Senate District
2015-S5479 (ACTIVE) - Details
2015-S5479 (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.
2015-S5479 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5479 TITLE OF BILL: 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 PURPOSE: To ensure that every procurement contract entered into by a state agency shall contain a statement from the contractor that no forced labor was used. SUMMARY OF PROVISIONS: Section 1 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, material, or supplies furnished to the state pursuant to the contract has been produced in whole or part by the use of forced labor, convict labor, or indentured labor under penal sanction. Section 1 (2) provides that contractors who provide such goods contrary to their statement denying use of forced labor shall have their contract voided and be assessed a penalty of one thousand dollars, or an amount equal 20% of the product's value, which ever is greater and shall be prohibited from bidding for not more than 360 days. JUSTIFICATION: Many emerging nations utilize forced labor to stifle
2015-S5479 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5479 2015-2016 Regular Sessions I N S E N A T E May 14, 2015 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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: S 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 PENAL- TY OF ONE THOUSAND 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. LBD05957-01-5
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