Bill Text: NY S06723 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the state from entering into certain contracts with companies requiring employees to stipulate to binding arbitration for all disputes unless it excludes disputes involving sexual assault.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-02-01 - REFERRED TO FINANCE [S06723 Detail]

Download: New_York-2009-S06723-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6723
                                   I N  S E N A T E
                                   February 1, 2010
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to prohibiting the  state
         from  entering  into  contracts  with companies requiring employees to
         stipulate to binding arbitration for all disputes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 170-c
    2  to read as follows:
    3    S 170-C. PROHIBITING THE STATE AND CERTAIN STATE ENTITIES FROM  ENTER-
    4  ING  INTO CONTRACTS WITH CERTAIN COMPANIES REQUIRING EMPLOYEES TO STIPU-
    5  LATE TO BINDING ARBITRATION AGREEMENTS. 1.  NOTWITHSTANDING  ANY  INCON-
    6  SISTENT  PROVISIONS OF ANY GENERAL OR SPECIAL LAW OR RESOLUTION, NEITHER
    7  THE STATE NOR ANY STATE AGENCY INCLUDING: (I) ANY STATE  DEPARTMENT,  OR
    8  (II) ANY DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT,
    9  OR (III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
   10  YORK,  INCLUDING  ALL THEIR CONSTITUENT UNITS, EXCEPT COMMUNITY COLLEGES
   11  AND THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY    OR  CONTRACT
   12  COLLEGES  ON  BEHALF  OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
   13  MEMBERS ARE APPOINTED BY THE GOVERNOR OR WHO SERVE BY  VIRTUE  OF  BEING
   14  STATE  OFFICERS  OR  EMPLOYEES  AS  DEFINED IN SUBPARAGRAPH (I), (II) OR
   15  (III) OF PARAGRAPH (I)  OF SUBDIVISION ONE OF SECTION  SEVENTY-THREE  OF
   16  THE   PUBLIC   OFFICERS  LAW,  (V)  ANY  PUBLIC  AUTHORITY,  OTHER  THAN
   17  MULTI-STATE AUTHORITIES, PUBLIC BENEFIT CORPORATIONS, AND COMMISSIONS AT
   18  LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR, NOR THE  LEGIS-
   19  LATIVE  AND  JUDICIAL BRANCHES OF GOVERNMENT, NOR ANY FUND OF ANY OF THE
   20  FOREGOING, NOR ANY OFFICER OF ANY OF THE FOREGOING,  SHALL  CONTRACT  OR
   21  RENEW A CONTRACT FOR THE SUPPLY OF GOODS, SERVICES, OR CONSTRUCTION WITH
   22  ANY OVERSEAS CONTRACTOR WHO DOES NOT AGREE TO STIPULATE TO THE FOLLOWING
   23  AS  A MATERIAL CONDITION OF THE CONTRACT: THE CONTRACTOR, ANY SUBSIDIARY
   24  OF A CONTRACTOR, ANY FRANCHISER OF THE CONTRACTOR, AND ANY SUBCONTRACTOR
   25  TO BE EMPLOYED  BY  THE  CONTRACTOR  SHALL  NOT  UTILIZE  AN  EMPLOYMENT
   26  CONTRACT  CONTAINING  CLAUSES  WHICH  REQUIRE  EMPLOYEES TO STIPULATE TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15132-03-0
       S. 6723                             2
    1  BINDING ARBITRATION AGREEMENTS FOR ALL DISPUTES UNLESS DISPUTES  INVOLV-
    2  ING SEXUAL ASSAULT OR OTHER ASSAULT ARE EXCLUDED.
    3    2.  ANY  CONTRACTOR, ANY SUBSIDIARY OF A CONTRACTOR, FRANCHISER OF THE
    4  CONTRACTOR, AND ANY SUBCONTRACTOR TO BE EMPLOYED BY THE CONTRACTOR SHALL
    5  CERTIFY THAT IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS  SECTION.
    6  SUCH  CERTIFICATION SHALL BE FILED WITH THE STATE GOVERNMENTAL CONTRACT-
    7  ING PARTY AND MADE A PART OF ITS CONTRACT FILE.
    8    3. UPON RECEIVING INFORMATION THAT A CONTRACTOR WHO HAS MADE THE STIP-
    9  ULATION AND   CERTIFICATION REQUIRED BY THIS  SECTION  IS  IN  VIOLATION
   10  THEREOF,  THE  STATE  GOVERNMENTAL  CONTRACTING  PARTY SHALL REVIEW SUCH
   11  INFORMATION AND OFFER THE CONTRACTOR AN OPPORTUNITY TO RESPOND.  IF  THE
   12  STATE   GOVERNMENTAL  CONTRACTING  PARTY  FINDS  THAT  A  VIOLATION  HAS
   13  OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE  AND  PROVIDED
   14  FOR  BY LAW, RULE OR REGULATION, OR CONTRACT, INCLUDING, BUT NOT LIMITED
   15  TO, IMPOSING SANCTIONS, SEEKING COMPLIANCE, RECOVERING DAMAGES,  DECLAR-
   16  ING  THE  CONTRACTOR  IN DEFAULT, AND SEEKING DEBARMENT OR SUSPENSION OF
   17  THE CONTRACTOR.
   18    S 2. If any provision of this act or the application thereof  is  held
   19  invalid,  the remainder of this act and the application thereof to other
   20  persons or circumstances shall not be affected by such holding and shall
   21  remain in full force and effect.
   22    S 3. This act shall take effect immediately.