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.
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.
LBD09173-01-7
A. 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.