STATE
OF NEW YORK
2675
2003-2004 Regular Sessions
IN SENATE
March 4, 2003
Introduced
by Sens. VELELLA, BALBONI, MORAHAN, ROBACH, TRUNZO, WRIGHT --
read twice and
ordered printed, and when printed to be committed to
the Committee on Labor
AN ACT to amend the labor law, the state finance law, the general munic-
ipal law and the education law, in relation to including certain
sports equipment
under the special provisions applicable for the
purchasing of apparel by the
state university of New York and the city
university of New York
The People of the State of New York, represented in Senate and Assem-
bly,
do enact as follows:
1 Section 1. Section 213-a of the
labor law, as added by chapter 350 of
2 the laws of 2002, is amended to read
as follows:
3 § 213-a. Special provisions regarding the purchasing of
apparel or
4 sports equipment by the state university of New York and the
city
5 university of New York.
6 1. Notwithstanding any other provision
of law, the various units of
7 the state university of New York, the city
university of New York and
8 community colleges shall have the authority to:
9 a. Determine that a bidder on a contract for the purchase of apparel
10
or sports equipment is not a responsible bidder as defined in section
11 one
hundred sixty-three of the state finance law based upon either of
12 the following
considerations:
13 (i) the labor standards applicable to the manufacture of
the apparel
14 or sports equipment, including but not limited to employee
compensation,
15 working conditions, employee rights to form unions, and the
use of child
16 labor, or
17 (ii) the bidder's failure to provide information
sufficient for the
18 state agency or corporation to determine the labor conditions
applicable
19 to the manufacture of the apparel or sports equipment.
20
b. Include in the internal policies and procedures governing procure-
21 ment
of apparel or sports equipment, where such procurement is not
EXPLANATION--Matter
in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08551-01-3
S. 2675 page 2
1 further required to be made pursuant to the competitive bidding require-
2 ments of section one hundred sixty-three of the state finance law, a
3 prohibition
against the purchase of apparel or sports equipment from any
4 vendor based
upon either or both of the following considerations:
5 (i) the labor standards
applicable to the manufacture of the apparel
6 or sports equipment, including
but not limited to employee compensation,
7 working conditions, employee rights
to form unions, and the use of child
8 labor, or
9 (ii) the bidder's failure
to provide sufficient information for said
10 state agencies to determine
the labor standards applicable to the manu-
11 facture of the apparel or sports
equipment.
12 2. For the purposes of this section[,] the term:
13 a. "apparel"
shall mean goods, such as, but not limited to, sports
14 uniforms, including
gym uniforms, required school uniforms, shoes,
15 including, but not limited
to, athletic shoes or sneakers, sweatshirts,
16 caps, hats, and other clothing,
whether or not imprinted with a school's
17 name or logo, academic regalia,
lab coats and staff uniforms; and
18 b. "sports equipment" shall
mean equipment, such as, but not limited
19 to, balls, bats and other goods
intended for use by those participating
20 in sports and games.
21 §
2. Subdivision 7 of section 165 of the state finance law, as added
22 by chapter
350 of the laws of 2002, is amended to read as follows:
23 7. Special provisions
regarding the purchasing of apparel or sports
24 equipment by the state university
of New York and the city university of
25 New York.
26 a. Notwithstanding
any other provision of law, the various units of
27 the state university of
New York, the city university of New York and
28 community colleges shall
have authority to:
29 (i) Determine that a bidder on a contract for the purchase
of apparel
30 or sports equipment is not a responsible bidder as defined in
section
31 one hundred sixty-three of this article based upon either of the
follow-
32 ing considerations:
33 (A) the labor standards applicable to
the manufacture of the apparel
34 or sports equipment, including but not limited
to employee compensation,
35 working conditions, employee rights to form unions,
and the use of child
36 labor, or
37 (B) the bidder's failure to provide
information sufficient for the
38 state agency or corporation to determine
the labor conditions applicable
39 to the manufacture of the apparel or sports
equipment.
40 (ii) Include in the internal policies and procedures governing
41 procurement of apparel or sports equipment, where such procurement is
42
not further required to be made pursuant to the competitive bidding
43 requirements
of section one hundred sixty-three of this article, a
44 prohibition against
the purchase of apparel or sports equipment from any
45 vendor based upon
either or both of the following considerations:
46 (A) the labor standards
applicable to the manufacture of the apparel
47 or sports equipment, including
but not limited to employee compensation,
48 working conditions, employee
rights to form unions, and the use of child
49 labor, or
50 (B) the bidder's
failure to provide sufficient information for said
51 state agencies to determine
the labor standards applicable to the manu-
52 facture of the apparel or sports
equipment.
53 b. For the purposes of this subdivision[,] the term:
54
(i) "apparel" shall mean goods, such as, but not limited to, sports
55 uniforms, including gym uniforms, required school uniforms, shoes,
56 including,
but not limited to, athletic shoes or sneakers, sweatshirts,
S. 2675 page 3
1 caps, hats, and other clothing, whether or not imprinted
with a school's
2 name or logo, academic regalia, lab coats and staff uniforms;
and
3 (ii) "sports equipment" shall mean equipment, such as, but
not limited
4 to, balls, bats and other goods intended for use by those participating
5 in sports and games.
6 § 3. Subdivision 12 of section 103 of the general
municipal law, as
7 added by chapter 227 of the laws 2001, is amended to read
as follows:
8 12. Notwithstanding any other provision of this section or any
other
9 provision of law, boards of education shall have the authority to
deter-
10 mine that a bidder on a contract for the purchase of apparel or
sports
11 equipment is not a responsible bidder for purposes of subdivision
one of
12 this section, based upon either or both of the following considerations:
13 (a) the labor standards applicable to the manufacture of the apparel or
14 sports equipment, including but not limited to employee compensation,
15
working conditions, employee rights to form unions, and the use of child
16
labor; or (b) the bidder's failure to provide information sufficient for
17
boards of education to determine the labor standards applicable to the
18
manufacture of the apparel or sports equipment.
19 § 4. Subdivision 6
of section 104-b of the general municipal law, as
20 added by chapter 227
of the laws of 2001, is amended to read as follows:
21 6. Notwithstanding
any other provisions of this section or any
22 provision of law, boards of
education shall have the authority to
23 include in the internal policies
and procedures governing procurement of
24 apparel or sports equipment, where
such procurement is not required to
25 be made pursuant to the competitive
bidding requirements of section one
26 hundred three of this article, a prohibition
against the purchase of
27 apparel or sports equipment from any vendor based
upon either or both of
28 the following considerations: (a) the labor standards
applicable to the
29 manufacture of the apparel or sports equipment, including
but not limit-
30 ed to employee compensation, working conditions, employee
rights to form
31 unions, and the use of child labor; or (b) the bidder's
failure to
32 provide information sufficient for boards of education to determine
the
33 labor standards applicable to the manufacture of the apparel or sports
34 equipment.
35 § 5. Subdivision 6 of section 6302 of the education
law, as added by
36 chapter 350 of the laws of 2002, is amended to read as
follows:
37 6. a. Notwithstanding any other provision of law, community colleges
38 established under this article shall have the authority to:
39 (i) Determine
that the bidder on a contract for the purchase of
40 apparel or sports equipment
is not an acceptable bidder based on either
41 of the following considerations:
42 (A) the labor standards applicable to the manufacture of the apparel
43
or sports equipment, including but not limited to employee compensation,
44
working conditions, employee rights to form unions, and the use of child
45
labor, or
46 (B) the bidder's failure to provide information sufficient for
the
47 state agency or corporation to determine the labor conditions applicable
48 to the manufacture of the apparel or sports equipment.
49 (ii) Include
in the internal policies and procedures governing
50 procurement of apparel
a prohibition against the purchase of apparel or
51 sports equipment from
any vendor based upon either or both of the
52 following considerations:
53 (A) the labor standards applicable to the manufacture of the apparel
54
or sports equipment, including but not limited to employee compensation,
55
working conditions, employee rights to form unions, and the use of child
56
labor; or
S. 2675 page 4
1
(B) the bidder's failure to provide sufficient information for said
2 state
agencies to determine the labor standards applicable to the manu-
3 facture
of the apparel or sports equipment.
4 b. For the purposes of this subdivision[,]
the term:
5 (i) "apparel" shall mean goods, such as, but not limited
to, sports
6 uniforms, including gym uniforms, required school uniforms, shoes,
7 including, but not limited to, athletic shoes or sneakers, sweatshirts,
8 caps, hats, and other clothing, whether or not imprinted with a school's
9 name or logo, academic regalia, lab coats and staff uniforms; and
10 (ii)
"sports equipment" shall mean equipment, such as, but not limited
11 to, balls, bats and other goods intended for use by those participating
12 in sports and games.
13 § 6. This act shall take effect September
1, 2003 and shall respec-
14 tively apply to bids issued after such date;
provided, however, that
15 effective immediately, the addition, amendment
and/or repeal of any rule
16 or regulation necessary for the implementation
of this act on its effec-
17 tive date are authorized and directed to be made
and completed on or
18 before such effective date.
