Bill Text: NY S06518 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards; requires the commissioner of general services to compile a list of products manufactured under conditions that fail to comply with minimum safety standards and the manufacturers thereof.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-02-21 - REFERRED TO FINANCE [S06518 Detail]

Download: New_York-2011-S06518-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6518
                                   I N  S E N A T E
                                   February 21, 2012
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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 products  manufac-
         tured under conditions that fail to comply with minimum OSHA standards
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 165 of the state finance law is amended by adding a
    2  new subdivision 9 to read as follows:
    3    9. PRODUCTS MANUFACTURED IN COMPLIANCE WITH MINIMUM OCCUPATIONAL SAFE-
    4  TY AND HEALTH ACT (OSHA) STANDARDS.
    5    A. AS USED IN THIS SUBDIVISION, "MINIMUM OSHA  STANDARDS"  SHALL  MEAN
    6  THOSE  STANDARDS  ISSUED  PURSUANT TO THE OCCUPATIONAL SAFETY AND HEALTH
    7  ACT OF 1970, AS AMENDED.
    8    B. THE COMMISSIONER OF GENERAL SERVICES SHALL HAVE THE  POWER  AND  IT
    9  SHALL  BE  HIS  OR  HER  DUTY TO PREPARE A LIST OF ALL PRODUCTS THAT ARE
   10  MANUFACTURED UNDER  CONDITIONS  THAT  FAIL  TO  OBSERVE:  (I)  STANDARDS
   11  PROMULGATED UNDER OSHA; OR (II) STANDARDS THAT ARE AT LEAST AS EFFECTIVE
   12  AS THE STANDARDS PROMULGATED UNDER OSHA, WHICH RELATE TO THE SAME ISSUES
   13  THEREUNDER,  WHERE  SUCH A MANUFACTURING OPERATION OCCURS IN A JURISDIC-
   14  TION NOT OTHERWISE REQUIRED TO COMPLY WITH SUCH STANDARDS, INCLUDING ANY
   15  OPERATION WHICH TAKES PLACE IN ANY OTHER COUNTRY,  NATION  OR  PROVINCE.
   16  THE  COMMISSIONER  OF GENERAL SERVICES SHALL PREPARE A COMPANION LIST OF
   17  THE MANUFACTURERS OF SUCH PRODUCTS. THE COMMISSIONER OF GENERAL SERVICES
   18  SHALL ADD OR DELETE FROM SAID LISTS ANY  PRODUCT  OR  MANUFACTURER  UPON
   19  GOOD  CAUSE SHOWN. THE COMMISSIONER OF GENERAL SERVICES SHALL CAUSE SUCH
   20  LISTS TO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
   21    C. A STATE AGENCY SHALL NOT ENTER INTO ANY CONTRACT FOR PROCUREMENT OF
   22  A (I) PRODUCT CONTAINED ON THE LIST  PREPARED  BY  THE  COMMISSIONER  OF
   23  GENERAL  SERVICES  PURSUANT  TO PARAGRAPH B OF THIS SUBDIVISION; OR (II)
   24  PRODUCT MANUFACTURER BY A MANUFACTURER CONTAINED ON THE LIST PREPARED BY
   25  THE COMMISSIONER OF GENERAL SERVICES PURSUANT TO  PARAGRAPH  B  OF  THIS
   26  SUBDIVISION.  THE PROVISIONS OF THIS PARAGRAPH MAY BE WAIVED BY THE HEAD
   27  OF THE STATE AGENCY IF THE HEAD OF THE STATE AGENCY DETERMINES IN  WRIT-
   28  ING  THAT IT IS IN THE BEST INTERESTS OF THE STATE TO DO SO. THE HEAD OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14750-01-2
       S. 6518                             2
    1  THE STATE AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE  COMMISSIONER  OF
    2  GENERAL SERVICES.
    3    S  2.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.