BILL NUMBER: S7169
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the state finance law, in relation to requiring state
contractors submit a statement on human trafficking
 
PURPOSE:
The purpose of this bill is to require all parties submitting bids for
competitively bid state procurement contracts to affirm under penalty of
perjury that the goods, work or services will be supplied or performed
without doing business with any organization, person or entity engaging
in human trafficking and to submit their written anti-human trafficking
policy, if any.
 
SUMMARY OF PROVISIONS:
Section 1 amends the State Finance Law by adding a new S 139-d-1 mandat-
ing affirmation from parties submitting bids for competitively bid
procurements, that it will not transact business with any organization,
person or entity engaging in human trafficking. Bids, will not be
considered for award where the affirmation has not been made.
In addition, bidders that maintain a written policy for preventing human
trafficking within its operations, business dealings, and supply chain
would be required to submit its policy when submitting its bid to the
government entity soliciting the bids.
This section also makes it clear that the term "engaging in human traf-
ficking" shall not be construed to include an individual who is or was a
victim of human trafficking.
Section 2 amends subdivision 7 of section 163 of the State Finance Law,
to allow electronic submissions of the required certification and
disclosure pursuant to S 139-d1 to state agencies soliciting bids for
procurement.
 
JUSTIFICATION:
Human trafficking involves the modem-day recruitment, transport, or sale
of people for forced labor. Through violence, threats, and coercion,
these victims are forced to work in the sex trade, factories, hotels,
agriculture and other industries.
There are an estimated 600,000 to 800,000 men, women, and children traf-
ficked across international borders each year. Of these, approximately
70% of victims are women, and up to 50% are children.Human trafficking
is estimated to be the third largest international criminal enterprise.
Commodities that are ubiquitous in global commerce are often manufac-
tured in countries with prevalent slavery. A substantial portion of all
the raw materials, metals, minerals, and finished products bought and
sold around the world are demonstrably linked to slave labor. The U.S.
Department of State issued a report on human trafficking summarizing the
extent to which global commerce involves slavery at some point in the
chain of commerce. Even reputable companies can unwittingly profit from
human trafficking when they do not vet suppliers prior to purchasing
goods or contracting for labor.
Governments and private sector actors are each uniquely positioned to
address instances where human trafficking intersects with fair trade.
The federal government, states, and international and local non-govern-
mental organizations (NGOs) have undertaken efforts to identify and
remove human trafficking from the chain of commerce. Today, it is not
an undue burden for a state contractor to vet suppliers for human traf-
ficking.
In 2012, California enacted the California Transparency in Supply Chains
Act which mandated that mid and large sized companies operating in the
state should analyze their suppliers to evaluate and address human traf-
ficking and slavery. The United Kingdom recently adopted measures
inspired by this legislation which require large companies to publish a
ò yearly slavery and human trafficking statement outlining steps the
company has taken to ensure that slavery and human trafficking do not
occur in the chain of commerce.
Leaders of industries known to be rife with human trafficking have
undertaken efforts to rid it from their own chains of commerce and
educate other companies about this issue. The Global Business Coalition
against Human Trafficking is comprised of Fortune 500 businesses that
engage in significant international trade, including Coca-Cola and
Apple- companies that have been identified in the past as having
contracted with businesses directly or indirectly engaging in human
trafficking.
Government entities and those who receive state contracts should
disclose the measures they have taken to eliminate human trafficking
from the chain of commerce. All parties to procurement should conduct
audits and maintain procedures for addressing instances of human
 
LEGISLATIVE HISTORY:
2019-20: S.6660/A.8061
2022: S.8080-Passed Senate.
 
FISCAL IMPLICATIONS:
None
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become a
law and shall only apply to contracts entered into on or after such
effective dates provided however, that the amendments to subdivision 7
of section 163 of the state finance law made by section two of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

Statutes affected:
S7169: 163 state finance law, 163(7) state finance law