Bill Text: NY A07936 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Partisan Bill (Democrat 14-0)

Status: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.297 [A07936 Detail]

Download: New_York-2019-A07936-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7936

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2019
                                       ___________

        Introduced by M. of A. ARROYO -- 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
    24  this subdivision and another responsive and responsible offerer who  has
    25  agreed  to  stipulate  to  such conditions has submitted an offer within

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09726-01-9

        A. 7936                             2

     1  five percent of the lowest price or best value offer for a  contract  to
     2  supply  commodities, services or construction of comparable quality, the
     3  contracting entity shall refer such offers to the commissioner of gener-
     4  al  services,  who  may determine, in accordance with applicable law and
     5  rules, that it is in the best interest of the state that the contract be
     6  awarded to other than the lowest price or best value offer.
     7    (iii) In the case of contracts let by other than a competitive process
     8  for goods or services involving an expenditure of an amount greater than
     9  the discretionary buying threshold as specified in section  one  hundred
    10  sixty-three  of  this  article,  or for construction involving an amount
    11  greater than fifteen thousand dollars, the contracting entity shall  not
    12  award  to  a  proposed contractor who has not agreed to stipulate to the
    13  conditions set forth in this subdivision unless the  entity  seeking  to
    14  use  the  commodities,  services  or  construction  determines  that the
    15  commodities, services or construction are necessary for  the  entity  to
    16  perform  its  functions and there is no other responsible contractor who
    17  will supply commodities, services or construction of comparable  quality
    18  at  a comparable price. Such determinations shall be made in writing and
    19  shall be public documents.
    20    c. Upon receiving information that a contractor who has made the stip-
    21  ulation required by  this  subdivision  is  in  violation  thereof,  the
    22  contracting  entity shall review such information and offer the contrac-
    23  tor an opportunity to respond. If the contracting entity  finds  that  a
    24  violation  has occurred, it shall take such action as may be appropriate
    25  and provided for by law, rule or contract, including,  but  not  limited
    26  to,  imposing  sanctions,  seeking  compliance,  recovering  damages  or
    27  declaring the contractor in default.
    28    d. As used in this subdivision, the term "contract" shall not  include
    29  contracts  with  governmental  and  non-profit  organizations, contracts
    30  awarded pursuant  to  emergency  procurement  procedures  or  contracts,
    31  resolutions,  indentures,  declarations  of  trust  or other instruments
    32  authorizing or relating to the authorization, issuance, award,  sale  or
    33  purchase  of  bonds, certificates of indebtedness, notes or other fiscal
    34  obligations, provided that the policies of  this  subdivision  shall  be
    35  considered  when  selecting  a  contractor to provide financial or legal
    36  advice, and when selecting managing underwriters in connection with such
    37  activities.
    38    § 2. This act shall take effect immediately and  shall  apply  to  all
    39  contracts signed and executed on or after such effective date.
feedback