S T A T E   O F   N E W   Y O R K
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                                  5264

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by  M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. GOTT-
  FRIED, JACOBS, MAGEE, MILLMAN -- read once and referred to the Commit-
  tee 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.
                                                           LBD09138-01-3
              

A. 5264                             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.