Bill Text: NY A06457 | 2017-2018 | General Assembly | Introduced
Bill Title: Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims except in the case of an emergency arising from certain unforeseen causes.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A06457 Detail]
Download: New_York-2017-A06457-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6457 2017-2018 Regular Sessions IN ASSEMBLY March 7, 2017 ___________ Introduced by M. of A. TITONE, GOTTFRIED, BRONSON, LAVINE, COOK, KAVANAGH, PERRY, WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of A. AUBRY, FINCH, GALEF, GLICK, HOOPER, MOYA -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to arbitration provisions in state contracts 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. Arbitration provision. 4 a. For the purposes of this subdivision "arbitration provisions" shall 5 mean any requirement that an employee or independent contractor perform- 6 ing work under such vendor's contract or subcontract to submit claims 7 arising under title VII of the civil rights act of 1964 or article 8 fifteen of the executive law to private arbitration for resolution; this 9 shall not include arbitration that is mandated by a collective bargain- 10 ing agreement between such vendor and employee and/or independent 11 contractor. 12 b. (i) With respect to contracts described in subparagraphs (ii) and 13 (iii) of this paragraph, and in accordance with such subparagraphs, 14 state agencies as defined in this article shall not contract for the 15 supply of commodities, service or construction with any contractor who 16 does not agree to stipulate to the following, if there is another 17 contractor who will contract to supply commodities, services or 18 construction of comparable quality at a comparable price or cost: the 19 contractor shall not place any arbitration provision upon their employ- 20 ees that work on such contract. 21 (ii) In the case of contracts let by a competitive process, whenever 22 the responsive and responsible offerer having the lowest price or best 23 value offer has not agreed to stipulate to the conditions set forth in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09173-01-7A. 6457 2 1 this subdivision and another responsive and responsible offerer who has 2 agreed to stipulate to such conditions has submitted an offer within 3 five percent of the lowest price or best value offer for a contract to 4 supply commodities, services or construction of comparable quality, the 5 contracting entity shall refer such offers to the commissioner of gener- 6 al services, who may determine, in accordance with applicable law and 7 rules, that it is in the best interest of the state that the contract be 8 awarded to other than the lowest price or best value offer. 9 (iii) In the case of contracts let by other than a competitive process 10 for goods or services involving an expenditure of an amount greater than 11 the discretionary buying threshold as specified in section one hundred 12 sixty-three of this article, or for construction involving an amount 13 greater than fifteen thousand dollars, the contracting entity shall not 14 award to a proposed contractor who has not agreed to stipulate to the 15 conditions set forth in this subdivision unless the entity seeking to 16 use the commodities, services or construction determines that the 17 commodities, services or construction are necessary for the entity to 18 perform its functions and there is no other responsible contractor who 19 will supply commodities, services or construction of comparable quality 20 at a comparable price. Such determinations shall be made in writing and 21 shall be public documents. 22 c. Upon receiving information that a contractor who has made the stip- 23 ulation required by this subdivision is in violation thereof, the 24 contracting entity shall review such information and offer the contrac- 25 tor an opportunity to respond. If the contracting entity finds that a 26 violation has occurred, it shall take such action as may be appropriate 27 and provided for by law, rule or contract, including, but not limited 28 to, imposing sanctions, seeking compliance, recovering damages or 29 declaring the contractor in default. 30 d. As used in this subdivision, the term "contract" shall not include 31 contracts with governmental and non-profit organizations, contracts 32 awarded pursuant to emergency procurement procedures or contracts, 33 resolutions, indentures, declarations of trust or other instruments 34 authorizing or relating to the authorization, issuance, award, sale or 35 purchase of bonds, certificates of indebtedness, notes or other fiscal 36 obligations, provided that the policies of this subdivision shall be 37 considered when selecting a contractor to provide financial or legal 38 advice, and when selecting managing underwriters in connection with such 39 activities. 40 § 2. This act shall take effect immediately and shall apply to all 41 contracts signed and executed on or after such effective date.
