S T A T E O F N E W Y O R K
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4498
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. BRODSKY, GREENE -- Multi-Sponsored by -- M. of A.
GOTTFRIED, MAGEE, MILLMAN -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the applica-
tion of the MacBride principles to contracts of public authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6, 7, 8 and 9 of section 2879 of the public
authorities law, subdivisions 7, 8 and 9 as renumbered by chapter 844 of
the laws of 1992, are renumbered subdivisions 7, 8, 9 and 10 and a new
subdivision 6 is added to read as follows:
6. NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND. (A) FOR THE
PURPOSES OF THIS SUBDIVISION, "MACBRIDE FAIR EMPLOYMENT PRINCIPLES"
MEANS THOSE PRINCIPLES RELATING TO NONDISCRIMINATION IN EMPLOYMENT AND
FREEDOM OF WORK PLACE OPPORTUNITY WHICH WOULD REQUIRE EMPLOYERS DOING
BUSINESS IN NORTHERN IRELAND TO:
(I) INCREASE THE REPRESENTATION OF INDIVIDUALS FROM UNDERREPRESENTED
RELIGIOUS GROUPS IN THE WORK FORCE, INCLUDING MANAGERIAL, SUPERVISORY,
ADMINISTRATIVE, CLERICAL, AND TECHNICAL JOBS;
(II) TAKE STEPS TO PROMOTE ADEQUATE SECURITY FOR THE PROTECTION OF
EMPLOYEES FROM UNDERREPRESENTED RELIGIOUS GROUPS BOTH AT THE WORKPLACE
AND WHILE TRAVELING TO AND FROM WORK;
(III) BAN PROVOCATIVE RELIGIOUS OR POLITICAL EMBLEMS FROM THE WORK
PLACE;
(IV) PUBLICLY ADVERTISE ALL JOB OPENINGS AND MAKE SPECIAL RECRUITMENT
EFFORTS TO ATTRACT APPLICANTS FROM UNDERREPRESENTED RELIGIOUS GROUPS;
(V) ESTABLISH LAYOFF, RECALL, AND TERMINATION PROCEDURES WHICH DO NOT,
IN PRACTICE, FAVOR A PARTICULAR RELIGIOUS GROUP;
(VI) ABOLISH ALL JOB RESERVATIONS, APPRENTICESHIP RESTRICTIONS, AND
DIFFERENTIAL EMPLOYMENT CRITERIA WHICH DISCRIMINATE ON THE BASIS OF
RELIGION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07535-01-9
A. 4498 2
(VII) DEVELOP TRAINING PROGRAMS THAT WILL PREPARE SUBSTANTIAL NUMBERS
OF CURRENT EMPLOYEES FROM UNDERREPRESENTED RELIGIOUS GROUPS FOR SKILLED
JOBS, INCLUDING THE EXPANSION OF EXISTING PROGRAMS AND THE CREATION OF
NEW PROGRAMS TO TRAIN, UPGRADE, AND IMPROVE THE SKILLS OF WORKERS FROM
UNDERREPRESENTED RELIGIOUS GROUPS;
(VIII) ESTABLISH PROCEDURES TO ASSESS, IDENTIFY, AND ACTIVELY RECRUIT
EMPLOYEES FROM UNDERREPRESENTED RELIGIOUS GROUPS WITH POTENTIAL FOR
FURTHER ADVANCEMENT; AND
(IX) APPOINT A SENIOR MANAGEMENT STAFF MEMBER TO OVERSEE AFFIRMATIVE
ACTION EFFORTS AND DEVELOP A TIMETABLE TO ENSURE THEIR FULL IMPLEMENTA-
TION.
(B) (I) A CORPORATION SHALL NOT ENTER INTO A PROCUREMENT CONTRACT WITH
ANY CONTRACTOR THAT DOES NOT AGREE TO STIPULATE TO THE FOLLOWING, IF
THERE IS ANOTHER CONTRACTOR WHO WILL CONTRACT TO SUPPLY THE GOODS OR
SERVICES OF COMPARABLE QUALITY AT A COMPARABLE PRICE OR COST: THE
CONTRACTOR AND ANY INDIVIDUAL OR LEGAL ENTITY IN WHICH THE CONTRACTOR
HOLDS A TEN PERCENT OR GREATER OWNERSHIP INTEREST AND ANY INDIVIDUAL OR
LEGAL ENTITY THAT HOLDS A TEN PERCENT OR GREATER OWNERSHIP INTEREST IN
THE CONTRACTOR EITHER (A) HAVE NO BUSINESS OPERATIONS IN NORTHERN
IRELAND OR (B) WILL TAKE LAWFUL STEPS, IN GOOD FAITH, TO CONDUCT ANY
BUSINESS OPERATIONS THEY HAVE IN NORTHERN IRELAND IN ACCORDANCE WITH
MACBRIDE FAIR EMPLOYMENT PRINCIPLES AND WILL PERMIT INDEPENDENT MONITOR-
ING OF THEIR COMPLIANCE WITH SUCH PRINCIPLES.
(II) IN THE CASE OF PROCUREMENT CONTRACTS LET BY A COMPETITIVE PROC-
ESS, WHENEVER THE RESPONSIVE AND RESPONSIBLE OFFERER HAVING THE LOWEST
PRICE OR BEST VALUE OFFER HAS NOT AGREED TO STIPULATE TO THE CONDITIONS
SET FORTH IN THIS SUBDIVISION AND ANOTHER RESPONSIVE AND RESPONSIBLE
OFFERER WHO HAS AGREED TO STIPULATE TO SUCH CONDITIONS HAS SUBMITTED AN
OFFER WITHIN FIVE PERCENT OF THE LOWEST PRICE OR BEST VALUE OFFER FOR A
CONTRACT TO SUPPLY GOODS OR SERVICES OF COMPARABLE QUALITY, THE CORPO-
RATION MAY MAKE A DETERMINATION, IN ACCORDANCE WITH APPLICABLE LAW AND
RULES, THAT IT IS IN THE BEST INTEREST OF THE CORPORATION THAT THE
CONTRACT BE AWARDED TO OTHER THAN THE LOWEST PRICE OR BEST VALUE OFFER.
(III) IN THE CASE OF PROCUREMENT CONTRACTS LET BY OTHER THAN A COMPET-
ITIVE PROCESS INVOLVING AN EXPENDITURE OF AN AMOUNT GREATER THAN THE
THRESHOLD SPECIFIED IN SECTION ONE HUNDRED FORTY-ONE OF THE ECONOMIC
DEVELOPMENT LAW, THE CORPORATION SHALL NOT AWARD TO A PROPOSED CONTRAC-
TOR WHO HAS NOT AGREED TO STIPULATE TO THE CONDITIONS SET FORTH IN THIS
SUBDIVISION UNLESS THE CORPORATION DETERMINES THAT THE GOODS OR SERVICES
ARE NECESSARY FOR THE CORPORATION TO PERFORM ITS FUNCTIONS AND THERE IS
NO OTHER RESPONSIBLE CONTRACTOR WHO WILL SUPPLY GOODS OR SERVICES OF
COMPARABLE QUALITY AT A COMPARABLE PRICE. SUCH DETERMINATIONS SHALL BE
MADE IN WRITING AND SHALL BE PUBLIC DOCUMENTS.
(C) UPON RECEIVING INFORMATION THAT A CONTRACTOR WHO HAS MADE THE
STIPULATION REQUIRED BY THIS SUBDIVISION IS IN VIOLATION THEREOF, THE
CORPORATION SHALL REVIEW SUCH INFORMATION AND OFFER THE CONTRACTOR AN
OPPORTUNITY TO RESPOND. IF THE CORPORATION FINDS THAT A VIOLATION HAS
OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE AND PROVIDED
FOR BY LAW, RULE, OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, IMPOSING
SANCTIONS, SEEKING COMPLIANCE, RECOVERING DAMAGES, OR DECLARING THE
CONTRACTOR IN DEFAULT.
(D) AS USED IN THIS SUBDIVISION, THE TERM "CONTRACT" DOES NOT INCLUDE
CONTRACTS WITH GOVERNMENTAL AND NON-PROFIT ORGANIZATIONS, CONTRACTS
AWARDED PURSUANT TO EMERGENCY PROCUREMENT PROCEDURES OR CONTRACTS,
RESOLUTIONS, INDENTURES, DECLARATIONS OF TRUST, OR OTHER INSTRUMENTS
AUTHORIZING OR RELATING TO THE AUTHORIZATION, ISSUANCE, AWARD, SALE, OR
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PURCHASE OF BONDS, CERTIFICATES OF INDEBTEDNESS, NOTES, OR OTHER FISCAL
OBLIGATIONS; PROVIDED THAT THE POLICIES OF THIS SUBDIVISION SHALL BE
CONSIDERED WHEN SELECTING A CONTRACTOR TO PROVIDE FINANCIAL OR LEGAL
ADVICE AND WHEN SELECTING MANAGING UNDERWRITERS IN CONNECTION WITH SUCH
ACTIVITIES.
(E) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO CONTRACTS
FOR WHICH THE CORPORATION RECEIVES FUNDS ADMINISTERED BY THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, EXCEPT TO THE EXTENT THAT CONGRESS
HAS DIRECTED THAT THE DEPARTMENT OF TRANSPORTATION NOT WITHHOLD FUNDS
FROM STATES AND LOCALITIES THAT CHOOSE TO IMPLEMENT SELECTIVE PURCHASING
POLICIES BASED ON AGREEMENT TO COMPLY WITH THE MACBRIDE FAIR EMPLOYMENT
PRINCIPLES OR TO THE EXTENT THAT SUCH FUNDS ARE NOT OTHERWISE WITHHELD
BY THE DEPARTMENT OF TRANSPORTATION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the provisions of
this act shall in no way affect the validity of contracts entered into
prior to such effective date.