assembly Bill A4791A

2013-2014 Legislative Session

Prohibits state contracts with vendors that forbid employees from litigating discrimination or harassment claims

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 amended on third reading 4791a
vote reconsidered - restored to third reading
Jun 17, 2014 returned to assembly
recalled from senate
May 05, 2014 referred to finance
delivered to senate
passed assembly
May 01, 2014 advanced to third reading cal.602
Apr 28, 2014 reported
Feb 26, 2014 reported referred to ways and means
Feb 11, 2014 reported referred to codes
Jan 08, 2014 referred to governmental operations
Jun 10, 2013 reported referred to ways and means
Mar 13, 2013 reported referred to codes
Feb 08, 2013 referred to governmental operations

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A4791 - Details

See Senate Version of this Bill:
S4438A
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A7001A, S5802

A4791 - Summary

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.

A4791 - Bill Text download pdf

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

                                  4791

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M.  of  A.  TITONE, GOTTFRIED, MILLMAN, BRONSON, GIBSON,
  LAVINE, COOK, KAVANAGH, PERRY  --  Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  AUBRY,  BRENNAN, FINCH, GALEF, GLICK, HOOPER, MOYA, SWEENEY
  -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the state finance law, in relation to prohibiting  state
  contracts with vendors that forbid employees from litigating discrimi-
  nation or harassment claims

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 163 of the state finance law is amended by adding a
new subdivision 12-a to read as follows:
  12-A. CERTAIN CONTRACT PROVISIONS PROHIBITED.  A. NO  AGENCY,  DEPART-
MENT,  DIVISION,  BOARD,  BUREAU, OR COMMISSION OF THE STATE SHALL ENTER
INTO CONTRACTS WITH ANY VENDOR THAT REQUIRES AN EMPLOYEE OR  INDEPENDENT
CONTRACTOR  PERFORMING  WORK UNDER SUCH VENDOR'S CONTRACT OR SUBCONTRACT
TO SUBMIT CLAIMS ARISING UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
OR ANY TORT RELATED TO OR ARISING FROM DISCRIMINATION, SEXUAL ASSAULT OR
HARASSMENT,  INCLUDING:  ASSAULT,  BATTERY,  INTENTIONAL  INFLICTION  OF
EMOTIONAL  DISTRESS, FALSE IMPRISONMENT OR NEGLIGENT HIRING, SUPERVISION
OR RETENTION TO PRIVATE ARBITRATION FOR RESOLUTION;  PROVIDED,  HOWEVER,
THAT THIS PARAGRAPH SHALL NOT APPLY TO ARBITRATION THAT IS MANDATED BY A
COLLECTIVE  BARGAINING AGREEMENT BETWEEN SUCH VENDOR AND EMPLOYEE AND/OR
INDEPENDENT CONTRACTOR.
  B. AN AGENCY, DEPARTMENT, DIVISION, BOARD, BUREAU,  OR  COMMISSION  OF
THE  STATE CAN WAIVE THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVISION
WHEN NECESSARY TO RESPOND TO AN EMERGENCY ARISING FROM UNFORESEEN CAUSES
PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION. THE TERM  OF
THE CONTRACT SHALL NOT BE FOR LONGER THAN NECESSARY TO RESPOND ADEQUATE-
LY TO THE EMERGENCY. THE AGENCY, DEPARTMENT, DIVISION, BOARD, BUREAU, OR
COMMISSION  OF  THE  STATE THAT WAIVES THE APPLICATION OF PARAGRAPH A OF
THIS SUBDIVISION SHALL ENTER INTO THE PROCUREMENT  RECORDS  THE  REASONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03998-01-3

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A4791A (ACTIVE) - Details

See Senate Version of this Bill:
S4438A
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A7001A, S5802

A4791A (ACTIVE) - Summary

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.

A4791A (ACTIVE) - Bill Text download pdf

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

                                 4791--A
                                                        Cal. No. 602

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M.  of  A.  TITONE, GOTTFRIED, MILLMAN, BRONSON, LAVINE,
  COOK, KAVANAGH, PERRY, WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of
  A. AUBRY, BRENNAN, FINCH, GALEF, GLICK, HOOPER, MOYA, SWEENEY --  read
  once  and  referred  to  the  Committee  on Governmental Operations --
  reported and referred to  the  Committee  on  Codes  --  reported  and
  referred  to  the  Committee  on Ways and Means -- advanced to a third
  reading, passed by Assembly and delivered to the Senate, recalled from
  the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
  retaining its place on the order of third reading

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:

  Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 9 to read as follows:
  9.  ARBITRATION  PROVISION.  A.  FOR  THE PURPOSES OF THIS SUBDIVISION
"ARBITRATION PROVISIONS" SHALL MEAN ANY REQUIREMENT THAT AN EMPLOYEE  OR
INDEPENDENT  CONTRACTOR  PERFORMING WORK UNDER SUCH VENDOR'S CONTRACT OR
SUBCONTRACT TO SUBMIT CLAIMS ARISING UNDER TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964 OR ARTICLE FIFTEEN OF THE EXECUTIVE  LAW  TO  PRIVATE  ARBI-
TRATION  FOR  RESOLUTION;  THIS  SHALL  NOT  INCLUDE ARBITRATION THAT IS
MANDATED BY A COLLECTIVE BARGAINING AGREEMENT BETWEEN  SUCH  VENDOR  AND
EMPLOYEE AND/OR INDEPENDENT CONTRACTOR.
  B.  (I)  WITH RESPECT TO CONTRACTS DESCRIBED IN SUBPARAGRAPHS (II) AND
(III) OF THIS PARAGRAPH, AND  IN  ACCORDANCE  WITH  SUCH  SUBPARAGRAPHS,
STATE  AGENCIES  AS  DEFINED  IN THIS ARTICLE SHALL NOT CONTRACT FOR THE
SUPPLY OF COMMODITIES, SERVICE OR CONSTRUCTION WITH ANY  CONTRACTOR  WHO
DOES  NOT  AGREE  TO  STIPULATE  TO  THE  FOLLOWING, IF THERE IS ANOTHER
CONTRACTOR  WHO  WILL  CONTRACT  TO  SUPPLY  COMMODITIES,  SERVICES   OR
CONSTRUCTION  OF  COMPARABLE  QUALITY AT A COMPARABLE PRICE OR COST: THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03998-03-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.