STATE OF NEW YORK
________________________________________________________________________

3219--A

2001-2002 Regular Sessions

IN ASSEMBLY

January 30, 2001
___________
 
       Introduced  by M. of A. McENENY, HOYT, CANESTRARI, NOLAN, JACOBS, ENGLE-
         BRIGHT, GROMACK -- Multi-Sponsored by  --  M.  of  A.  CLARK,  COLTON,
         GALEF,  GLICK,  GRANNIS, JOHN, LAFAYETTE, MILLMAN, SWEENEY, WEISENBERG
         -- read once and referred to  the  Committee  on  Labor  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
 
       AN  ACT  to  amend the general municipal law, in relation to authorizing
         boards of education to consider labor  standards  and  working  condi-
         tions, including use of child labor, in purchasing apparel
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Section 103 of the general  municipal  law  is  amended  by
    2  adding a new subdivision 12 to read as follows:
    3    12.  Notwithstanding  any other provision of this section or any other
    4  provision of law, boards of education shall have the authority to deter-
    5  mine that a bidder on a contract for the purchase of apparel  is  not  a
    6  responsible  bidder  for  purposes  of  subdivision one of this section,
    7  based upon either or both of the following considerations: (a) the labor
    8  standards applicable to the manufacture of the  apparel,  including  but
    9  not  limited  to  employee  compensation,  working  conditions, employee
   10  rights to form unions, and the use of child labor or  (b)  the  bidder's
   11  failure  to  provide  information  sufficient for boards of education to
   12  determine the labor standards  applicable  to  the  manufacture  of  the
   13  apparel.
   14    § 2. Section 104-b of the general municipal law is amended by adding a
   15  new subdivision 6 to read as follows:
   16    6.  Notwithstanding  any  other  provisions  of  this  section  or any
   17  provision of law, boards  of  education  shall  have  the  authority  to
   18  include in the internal policies and procedures governing procurement of
   19  apparel,  where  such procurement is not required to be made pursuant to
   20  the competitive bidding requirements of section  one  hundred  three  of
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted.

                                                                  LBD00624-03-1



       A. 3219--A                          2
 
    1  this  article,  a  prohibition  against the purchase of apparel from any
    2  vendor based upon either or both of the  following  considerations:  (a)
    3  the  labor  standards  applicable  to  the  manufacture  of the apparel,
    4  including  but not limited to employee compensation, working conditions,
    5  employee rights to form unions, and the use of child labor; or  (b)  the
    6  bidder's  failure to provide information sufficient for boards of educa-
    7  tion to determine the labor standards applicable to the  manufacture  of
    8  the apparel.
    9    § 3. This act shall take effect immediately.

A3219-A McEneny (MS) Same as S 3013
General Municipal Law
TITLE....Authorizes boards of education to consider labor standards when purchasing apparel

In honor of Labor Day, Governor George E. Pataki today announced that he has signed into law a measure that will further strengthen New York's ongoing battle against sweatshops and unfair labor practices.

The new law will enable boards of education across the State to consider labor standards and working conditions including the illegal use of child labor when purchasing school uniform apparel.

"Labor Day is a fitting day to announce another key step in our ongoing battle to combat sweatshops, child labor and unsafe working conditions," Governor Pataki said. "By granting school boards the power to make informed choices when purchasing school apparel, we can strengthen our fight to protect workers and ensure that the taxpayer dollars spent by our schools won't go to manufacturers who refuse to comply with appropriate labor standards."

The new law grants authority to boards of education to determine that a manufacturer is not a responsible bidder if it does not meet certain employment standards, such as failure to pay wages, violation of child labor laws, violation of employees' rights to form unions and workplace safety.

Boards may also decide against awarding work to a manufacturer for failure to provide sufficient information for the boards to determine the labor standards applicable to the manufacture of the apparel. This provision applies to contracts for purchasing apparel regardless of whether or not such procurement is required to be competitively bid.

Senator Nicholas A. Spano said, "By authorizing boards of education to consider labor standards and working conditions, in purchasing apparel they will be able to make informed choices when buying school uniforms and clothing. The public can also be assured that public funds are not supporting the operation of illegal garment sweatshops. I applaud Governor Pataki for his efforts to ensure that the school uniform apparel worn by our children was made in decent working conditions."

State Labor Commissioner Linda Angello said, "The Department of Labor is committed to enforcing anti-sweatshop laws and in working to ensure that companies being awarded public contracts comply with fair and proper labor standards. We will work closely with school districts across the State to provide information concerning State Labor Law provisions."

Governor Pataki has signed several key pieces of legislation in the past five years aimed at ending sweatshop abuses. In 1998, he signed into law legislation that holds manufacturers liable for the unpaid wages of contractors' employees. The "Joint Liability" law holds contractors and manufacturers jointly liable for any wages not paid to contractors' employees. Prior law only held the contractor liable, which often resulted in some workers never receiving the back-pay owed. The Joint Liability law also empowers the Commissioner of Labor to have merchandise produced by illegal firms tagged as "unlawfully manufactured." Once this occurs, most manufacturers comply with the law and pay back wages.

In 1996 Governor Pataki signed the "Hot Goods" law, which enables the State Attorney General to prohibit the shipment, sale or purchase of goods produced by firms that have failed to adhere to state wage and hour laws. Since the legislation was passed, the Department of Labor's Apparel Industry Task Force (AITF) has collected more than $3 million on behalf of workers at 195 establishments. In addition, in the past five years, more than $1.7 million in penalties and stipulation assessments were issued against violators of New York State labor laws.

The AITF conducts more than 1,200 inspections of firms throughout New York City's garment sector each year. Task Force members investigate garment manufacturers and contractors, where they inspect working conditions, review employee records and examine registration certificates. The AITF issues violation notices to businesses that violate state laws covering registration, child labor, wages and benefits, working hours and industrial homework. In addition to enforcing wage and hour laws, the task force refers any unsafe working conditions to the appropriate state, local or federal authorities.