S T A T E O F N E W Y O R K
________________________________________________________________________
6873
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
___________
Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law and the general municipal law, in
relation to enacting the "non-exploitive procurement practices act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "non-ex-
ploitive procurement practices act".
S 2. The state finance law is amended by adding a new section 169 to
read as follows:
S 169. NON-EXPLOITIVE PROCUREMENT PRACTICES. 1. FOR THE PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CONTRACTING ENTITY" SHALL MEAN ANY NEW YORK STATE AGENCY, DEPART-
MENT, BOARD, BUREAU, COMMISSION, DIVISION, PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, POLITICAL SUBDIVISION OF THE STATE OR ANY PUBLIC
DEPARTMENT.
(B) "CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT ENTERED INTO BY A
CONTRACTING AGENCY FOR THE PROCUREMENT OR DISPOSAL OF MATERIALS,
SERVICES OR CONSTRUCTION, EXCEEDING A DOLLAR VALUE OF NOT LESS THAN TEN
THOUSAND DOLLARS.
(C) "BIDDER" SHALL MEAN A PERSON, PARTNERSHIP, FIRM, CORPORATION OR
BUSINESS ENTITY SUBMITTING A BID OR PROPOSAL FOR, OR SUBMITTED FOR
APPROVAL AS A SUBCONTRACTOR FOR A CONTRACT BY ANY OF THE CONTRACTING
AGENCIES.
2. BEFORE ANY CONTRACTING ENTITY ENTERS INTO A CONTRACT WITH A BIDDER,
THE CONTRACTING AGENCY SHALL CERTIFY THAT THE BIDDER HAS DEMONSTRATED
THAT IT MAINTAINS SATISFACTORY COMPLIANCE WITH WORKPLACE SAFETY, COMPEN-
SATION, CHILD LABOR, WORKPLACE ORGANIZING AND ANTI-DISCRIMINATION POLI-
CIES WHICH ARE AT LEAST AS STRINGENT AS THOSE AFFORDED NEW YORK WORKERS
UNDER NEW YORK LAW, INCLUDING, BUT NOT LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09567-01-1
A. 6873 2
(A) ADHERENCE TO WORKPLACE SAFETY STANDARDS PURSUANT TO THE FEDERAL
OCCUPATIONAL HEALTH AND SAFETY ACT OR TO WORKPLACE SAFETY LAWS SUBSTAN-
TIALLY SIMILAR TO THOSE ESTABLISHED PURSUANT TO THE FEDERAL OCCUPATIONAL
HEALTH AND SAFETY ACT;
(B) ADHERENCE TO AN HOURLY MINIMUM WAGE IN AN AMOUNT EQUAL TO OR HIGH-
ER THAN THE HOURLY MINIMUM WAGE IN EFFECT IN NEW YORK AT THE TIME THE
CONTRACT COMMENCES;
(C) ADHERENCE TO AN HOURLY OVERTIME WAGE FOR EACH HOUR WORKED IN
EXCESS OF FORTY HOURS PER WEEK OF ONE AND ONE-HALF TIMES THE USUAL HOUR-
LY WAGE;
(D) ADHERENCE TO CHILD LABOR LAWS SUBSTANTIALLY SIMILAR TO THOSE IN
NEW YORK;
(E) ADHERENCE TO "RIGHT TO ORGANIZE" STANDARDS PURSUANT TO THE
NATIONAL LABOR RELATIONS ACT OR TO LAWS ACKNOWLEDGING THE RIGHT OF WORK-
ERS TO ORGANIZE WHICH ARE SUBSTANTIALLY SIMILAR TO THOSE RECOGNIZED BY
THE NATIONAL LABOR RELATIONS ACT; AND
(F) ADHERENCE TO ANTI-DISCRIMINATION POLICIES SUBSTANTIALLY SIMILAR TO
THOSE ESTABLISHED UNDER THE NEW YORK STATE HUMAN RIGHTS LAW CONTAINED IN
ARTICLE FIFTEEN OF THE EXECUTIVE LAW, INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO BE FREE FROM HARASSMENT AND DISCRIMINATION IN EMPLOYMENT BASED
ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILI-
TARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS OR
MARITAL STATUS.
S 3. The general municipal law is amended by adding a new section
103-g to read as follows:
S 103-G. NON-EXPLOITIVE PROCUREMENT PRACTICES. 1. FOR THE PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CONTRACTING ENTITY" SHALL MEAN ANY NEW YORK STATE AGENCY, DEPART-
MENT, BOARD, BUREAU, COMMISSION, DIVISION, PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, POLITICAL SUBDIVISION OF THE STATE OR ANY PUBLIC
DEPARTMENT.
(B) "CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT ENTERED INTO BY A
CONTRACTING AGENCY FOR THE PROCUREMENT OR DISPOSAL OF MATERIALS,
SERVICES OR CONSTRUCTION, EXCEEDING A DOLLAR VALUE OF NOT LESS THAN TEN
THOUSAND DOLLARS.
(C) "BIDDER" SHALL MEAN A PERSON, PARTNERSHIP, FIRM, CORPORATION OR
BUSINESS ENTITY SUBMITTING A BID OR PROPOSAL FOR, OR SUBMITTED FOR
APPROVAL AS A SUBCONTRACTOR FOR A CONTRACT BY ANY OF THE CONTRACTING
AGENCIES.
2. BEFORE ANY CONTRACTING ENTITY ENTERS INTO A CONTRACT WITH A BIDDER,
THE CONTRACTING AGENCY SHALL CERTIFY THAT THE BIDDER HAS DEMONSTRATED
THAT IT MAINTAINS SATISFACTORY COMPLIANCE WITH WORKPLACE SAFETY, COMPEN-
SATION, CHILD LABOR, WORKPLACE ORGANIZING AND ANTI-DISCRIMINATION POLI-
CIES WHICH ARE AT LEAST AS STRINGENT AS THOSE AFFORDED NEW YORK WORKERS
UNDER NEW YORK LAW, INCLUDING, BUT NOT LIMITED TO:
(A) ADHERENCE TO WORKPLACE SAFETY STANDARDS PURSUANT TO THE FEDERAL
OCCUPATIONAL HEALTH AND SAFETY ACT OR TO WORKPLACE SAFETY LAWS SUBSTAN-
TIALLY SIMILAR TO THOSE ESTABLISHED PURSUANT TO THE FEDERAL OCCUPATIONAL
HEALTH AND SAFETY ACT;
(B) ADHERENCE TO AN HOURLY MINIMUM WAGE IN AN AMOUNT EQUAL TO OR HIGH-
ER THAN THE HOURLY MINIMUM WAGE IN EFFECT IN NEW YORK AT THE TIME THE
CONTRACT COMMENCES;
(C) ADHERENCE TO AN HOURLY OVERTIME WAGE FOR EACH HOUR WORKED IN
EXCESS OF FORTY HOURS PER WEEK OF ONE AND ONE-HALF TIMES THE USUAL HOUR-
LY WAGE;
A. 6873 3
(D) ADHERENCE TO CHILD LABOR LAWS SUBSTANTIALLY SIMILAR TO THOSE IN
NEW YORK;
(E) ADHERENCE TO "RIGHT TO ORGANIZE" STANDARDS PURSUANT TO THE
NATIONAL LABOR RELATIONS ACT OR TO LAWS ACKNOWLEDGING THE RIGHT OF WORK-
ERS TO ORGANIZE WHICH ARE SUBSTANTIALLY SIMILAR TO THOSE RECOGNIZED BY
THE NATIONAL LABOR RELATIONS ACT; AND
(F) ADHERENCE TO ANTI-DISCRIMINATION POLICIES SUBSTANTIALLY SIMILAR TO
THOSE ESTABLISHED UNDER THE NEW YORK STATE HUMAN RIGHTS LAW CONTAINED IN
ARTICLE FIFTEEN OF THE EXECUTIVE LAW, INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO BE FREE FROM HARASSMENT AND DISCRIMINATION IN EMPLOYMENT BASED
ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILI-
TARY STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS OR
MARITAL STATUS.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.