S T A T E O F N E W Y O R K ________________________________________________________________________ 1594 1999-2000 Regular Sessions I N S E N A T E January 27, 1999 ___________ Introduced by Sen. SPANO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the education law, in relation to prohibiting public universities from purchasing, purchasing for resale or selling unlawfully manufactured apparel THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. It has become increasingly apparent 2 that, despite numerous measures, sweatshops continue to operate. Unscru- 3 pulous employers, with little or no regard for wage, hour and workplace 4 safety laws, continue to exploit workers for their own personal gain. It 5 is the intent of this legislation to establish a code of conduct for the 6 state university of New York, the city university of New York and each 7 community college to ensure that products bearing trademarks of New 8 York's public institutions of higher learning are manufactured under 9 healthy, safe and fair working conditions. 10 § 2. Section 21 of the labor law is amended by adding a new subdivi- 11 sion 15 to read as follows: 12 15. A. SHALL ADOPT RULES AND REGULATIONS PRESCRIBING THE METHODOLOGY 13 FOR PURCHASE, PURCHASE FOR RESALE AND SALE OF APPAREL BY THE STATE 14 UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF NEW YORK AND COMMUNITY 15 COLLEGES. SUCH RULES AND REGULATIONS SHALL PROHIBIT THE PURCHASE, 16 PURCHASE FOR RESALE AND SALE OF UNLAWFULLY MANUFACTURED APPAREL AS 17 REFERRED TO IN SECTION THREE HUNDRED FORTY-ONE-A OF THIS CHAPTER. IN 18 ADDITION, SUCH RULES AND REGULATIONS SHALL REQUIRE EACH VENDOR OR 19 MANUFACTURER OF APPAREL TO BE PURCHASED OR SOLD BY SUCH EDUCATIONAL 20 INSTITUTIONS TO PROVIDE THE COMMISSIONER WITH: 21 (1) THE IDENTITY AND LOCATION OF THE FACTORIES PRODUCING ITS APPAREL; 22 (2) A STATEMENT, SWORN UNDER OATH, THAT IT WORKS WITH GOVERNMENTAL AND 23 NON-GOVERNMENTAL ORGANIZATIONS IN THE COUNTY WHERE THE APPAREL IS MANU- 24 FACTURED; AND 25 (3) WITH A STATEMENT, SWORN UNDER OATH, THAT IT: PAGE-2 1 (I) PROHIBITS THE USE OF CHILD LABOR BY SETTING MINIMUM AGE REQUIRE- 2 MENTS FOR EMPLOYMENT, 3 (II) SETS WAGES AND BENEFITS, OVERTIME PAY AND WORKING HOURS WHICH 4 COMPLY WITH THE LAWS, RULES AND REGULATIONS RELATING THERETO IN THE 5 JURISDICTION IN WHICH THE MANUFACTURING IS PERFORMED, 6 (III) PROVIDES ITS EMPLOYEES A SAFE AND HEALTHY WORK ENVIRONMENT, 7 (IV) PROHIBITS THE HARASSMENT, ABUSE AND CORPORAL PUNISHMENT OF 8 EMPLOYEES, 9 (V) BASES ITS DETERMINATIONS OF HIRING, ADVANCEMENT AND TERMINATION OF 10 EMPLOYEES SOLELY UPON THE ABILITY TO PERFORM THE REQUIRED DUTIES, 11 (VI) REFRAINS FROM USING FORCED LABOR OR PRISON LABOR, 12 (VII) RECOGNIZES EMPLOYEES' RIGHTS TO COLLECTIVELY BARGAIN, 13 (VIII) IS COMMITTED TO PROTECTING THE ENVIRONMENT AND CONDUCTING BUSI- 14 NESS IN ACCORDANCE WITH HIGH ETHICAL STANDARDS, 15 (IX) WILL REPORT AND CORRECT VIOLATIONS, AND 16 (X) WILL COMMIT TO PARTICIPATE IN A COMPLIANCE MONITORING PROGRAM. 17 B. ANY VENDOR OR MANUFACTURER WHO IS FOUND TO HAVE PROVIDED THE 18 COMMISSIONER WITH FALSE INFORMATION, SUBMITTED PURSUANT TO SUBPARAGRAPHS 19 ONE THROUGH THREE OF PARAGRAPH A OF THIS SUBDIVISION, OR TO HAVE 20 VIOLATED ANY RULE OR REGULATION PROMULGATED PURSUANT TO PARAGRAPH A OF 21 THIS SUBDIVISION SHALL HAVE ITS CONTRACT TO SELL APPAREL TO EVERY SUCH 22 EDUCATIONAL INSTITUTION IMMEDIATELY TERMINATED. 23 § 3. Section 355 of the education law is amended by adding a new 24 subdivision 17 to read as follows: 25 17. THE STATE UNIVERSITY TRUSTEES SHALL ENSURE, IN COMPLIANCE WITH 26 RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER OF LABOR PURSUANT 27 TO SUBDIVISION FIFTEEN OF SECTION TWENTY-ONE OF THE LABOR LAW, THAT NO 28 UNIVERSITY OR COLLEGE OF THE STATE UNIVERSITY OF NEW YORK SHALL 29 PURCHASE, PURCHASE FOR RESALE OR SELL UNLAWFULLY MANUFACTURED APPAREL. 30 EVERY SUCH COLLEGE OR UNIVERSITY SHALL, WHEN DETERMINING WHETHER TO 31 PURCHASE, PURCHASE FOR RESALE OR SELL APPAREL FROM ANY VENDOR OR 32 MANUFACTURER, CONSIDER, AS A MAJOR FACTOR IN SUCH DETERMINATION, THE 33 VENDOR'S OR MANUFACTURER'S PAST COMPLIANCE WITH THE RULES AND REGU- 34 LATIONS PROMULGATED PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWENTY- 35 ONE OF THE LABOR LAW. 36 § 4. Section 6206 of the education law is amended by adding a new 37 subdivision 15 to read as follows: 38 15. THE BOARD OF TRUSTEES SHALL ENSURE, IN COMPLIANCE WITH RULES AND 39 REGULATIONS PROMULGATED BY THE COMMISSIONER OF LABOR PURSUANT TO SUBDI- 40 VISION FIFTEEN OF SECTION TWENTY-ONE OF THE LABOR LAW, THAT THE CITY 41 UNIVERSITY OF NEW YORK SHALL NOT PURCHASE, PURCHASE FOR RESALE OR SELL 42 UNLAWFULLY MANUFACTURED APPAREL. SUCH UNIVERSITY SHALL, WHEN DETERMIN- 43 ING WHETHER TO PURCHASE, PURCHASE FOR RESALE OR SELL APPAREL FROM ANY 44 VENDOR OR MANUFACTURER, CONSIDER, AS A MAJOR FACTOR IN SUCH DETERMI- 45 NATION, THE VENDOR'S OR MANUFACTURER'S PAST COMPLIANCE WITH THE RULES 46 AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION FIFTEEN OF SECTION 47 TWENTY-ONE OF THE LABOR LAW. 48 § 5. Section 6306 of the education law is amended by adding a new 49 subdivision 8-a to read as follows: 50 8-A. THE BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ENSURE, IN 51 COMPLIANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER OF 52 LABOR PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWENTY-ONE OF THE LABOR 53 LAW, THAT THE COMMUNITY COLLEGE SHALL NOT PURCHASE, PURCHASE FOR RESALE 54 OR SELL UNLAWFULLY MANUFACTURED APPAREL. EVERY COMMUNITY COLLEGE SHALL, 55 WHEN DETERMINING WHETHER TO PURCHASE, PURCHASE FOR RESALE OR SELL 56 APPAREL FROM ANY VENDOR OR MANUFACTURER, CONSIDER, AS A MAJOR FACTOR IN PAGE-3 1 SUCH DETERMINATION, THE VENDOR'S OR MANUFACTURER'S PAST COMPLIANCE WITH 2 THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION FIFTEEN OF 3 SECTION TWENTY-ONE OF THE LABOR LAW. 4 § 6. This act shall take effect immediately, except that sections 5 three, four and five of this act shall take effect on the first day of 6 August next succeeding the date on which it shall have become a law. .