A04791 Summary:

BILL NO    A04791 

SAME AS    SAME AS S04438

SPONSOR    Titone (MS)

COSPNSR    Gottfried, Millman, Bronson, Lavine, Cook, Kavanagh, Perry, Weprin,
           Abinanti

MLTSPNSR   Aubry, Brennan, Finch, Galef, Glick, Hooper, Moya, Sweeney

Amd S163, St Fin L

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.
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A04791 Actions:

BILL NO    A04791 

02/08/2013 referred to governmental operations
03/13/2013 reported referred to codes
06/10/2013 reported referred to ways and means
01/08/2014 referred to governmental operations
02/11/2014 reported referred to codes
02/26/2014 reported referred to ways and means
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A04791 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4791

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 8, 2013
                                      ___________

       Introduced  by  M.  of  A.  TITONE, GOTTFRIED, MILLMAN, BRONSON, GIBSON,
         LAVINE, COOK, KAVANAGH, PERRY  --  Multi-Sponsored  by  --  M.  of  A.
         ABINANTI,  AUBRY,  BRENNAN, FINCH, GALEF, GLICK, HOOPER, MOYA, SWEENEY
         -- read once and referred to the Committee on Governmental Operations

       AN ACT to amend the state finance law, in relation to prohibiting  state
         contracts with vendors that forbid employees from litigating discrimi-
         nation or harassment claims

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 163 of the state finance law is amended by adding a
    2  new subdivision 12-a to read as follows:
    3    12-A. CERTAIN CONTRACT PROVISIONS PROHIBITED.  A. NO  AGENCY,  DEPART-
    4  MENT,  DIVISION,  BOARD,  BUREAU, OR COMMISSION OF THE STATE SHALL ENTER
    5  INTO CONTRACTS WITH ANY VENDOR THAT REQUIRES AN EMPLOYEE OR  INDEPENDENT
    6  CONTRACTOR  PERFORMING  WORK UNDER SUCH VENDOR'S CONTRACT OR SUBCONTRACT
    7  TO SUBMIT CLAIMS ARISING UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
    8  OR ANY TORT RELATED TO OR ARISING FROM DISCRIMINATION, SEXUAL ASSAULT OR
    9  HARASSMENT,  INCLUDING:  ASSAULT,  BATTERY,  INTENTIONAL  INFLICTION  OF
   10  EMOTIONAL  DISTRESS, FALSE IMPRISONMENT OR NEGLIGENT HIRING, SUPERVISION
   11  OR RETENTION TO PRIVATE ARBITRATION FOR RESOLUTION;  PROVIDED,  HOWEVER,
   12  THAT THIS PARAGRAPH SHALL NOT APPLY TO ARBITRATION THAT IS MANDATED BY A
   13  COLLECTIVE  BARGAINING AGREEMENT BETWEEN SUCH VENDOR AND EMPLOYEE AND/OR
   14  INDEPENDENT CONTRACTOR.
   15    B. AN AGENCY, DEPARTMENT, DIVISION, BOARD, BUREAU,  OR  COMMISSION  OF
   16  THE  STATE CAN WAIVE THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVISION
   17  WHEN NECESSARY TO RESPOND TO AN EMERGENCY ARISING FROM UNFORESEEN CAUSES
   18  PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. THE TERM  OF
   19  THE CONTRACT SHALL NOT BE FOR LONGER THAN NECESSARY TO RESPOND ADEQUATE-
   20  LY TO THE EMERGENCY. THE AGENCY, DEPARTMENT, DIVISION, BOARD, BUREAU, OR
   21  COMMISSION  OF  THE  STATE THAT WAIVES THE APPLICATION OF PARAGRAPH A OF
   22  THIS SUBDIVISION SHALL ENTER INTO THE PROCUREMENT  RECORDS  THE  REASONS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03998-01-3
       A. 4791                             2

    1  THE  WAIVER WAS NECESSARY. FOR THE PURPOSES OF THIS PARAGRAPH, "EMERGEN-
    2  CY" SHALL HAVE THE SAME MEANING AS  IS  PRESCRIBED  IN  PARAGRAPH  B  OF
    3  SUBDIVISION ONE OF THIS SECTION.
    4    S  2.  This act shall take effect immediately; provided, however, that
    5  the amendments to section 163 of the state finance law made  by  section
    6  one of this act shall not affect the repeal of such section and shall be
    7  deemed repealed therewith.
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