S02452 Summary:

BILL NOS02452
 
SAME ASSAME AS A05795
 
SPONSORPARKER
 
COSPNSRKRUEGER
 
MLTSPNSR
 
Add S170-c, Exec L
 
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.
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S02452 Actions:

BILL NOS02452
 
01/23/2015REFERRED TO FINANCE
01/06/2016REFERRED TO FINANCE
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S02452 Committee Votes:

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S02452 Floor Votes:

There are no votes for this bill in this legislative session.
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S02452 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2452
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 23, 2015
                                       ___________
 
        Introduced  by  Sens. PARKER, KRUEGER, SAMPSON -- 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    § 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 multi-
    17  state authorities, public benefit corporations, and commissions at least
    18  one of whose members is appointed by the governor, nor  the  legislative
    19  and  judicial branches of government, nor any fund of any of the forego-
    20  ing, nor any officer of any of the foregoing, shall contract or renew  a
    21  contract  for  the  supply  of goods, services, or construction with any
    22  overseas contractor who does not agree to stipulate to the following  as
    23  a  material condition of the contract: the contractor, any subsidiary of
    24  a contractor, any franchiser of the contractor, and any subcontractor to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04897-01-5

        S. 2452                             2
 
     1  be employed by the contractor shall not utilize an  employment  contract
     2  containing clauses which require employees to stipulate to binding arbi-
     3  tration  agreements  for  all  disputes unless disputes involving sexual
     4  assault or other assault are excluded.
     5    2.  Any  contractor, any subsidiary of a contractor, franchiser of the
     6  contractor, and any subcontractor to be employed by the contractor shall
     7  certify that it is in compliance with the requirements of this  section.
     8  Such  certification shall be filed with the state governmental contract-
     9  ing party and made a part of its contract file.
    10    3. Upon receiving information that a contractor who has made the stip-
    11  ulation and   certification required by this  section  is  in  violation
    12  thereof,  the  state  governmental  contracting  party shall review such
    13  information and offer the contractor an opportunity to respond.  If  the
    14  state   governmental  contracting  party  finds  that  a  violation  has
    15  occurred, it shall take such action as may be appropriate  and  provided
    16  for  by law, rule or regulation, or contract, including, but not limited
    17  to, imposing sanctions, seeking compliance, recovering damages,  declar-
    18  ing  the  contractor  in default, and seeking debarment or suspension of
    19  the contractor.
    20    § 2. If any provision of this act or the application thereof  is  held
    21  invalid,  the remainder of this act and the application thereof to other
    22  persons or circumstances shall not be affected by such holding and shall
    23  remain in full force and effect.
    24    § 3. This act shall take effect immediately.
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