Senate Bill S1864

2015-2016 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 - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S1864 (ACTIVE) - Details

See Assembly Version of this Bill:
A2747
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5802, A7001
2013-2014: S4438, A4791
2017-2018: A6457
2019-2020: A7936

2015-S1864 (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.

2015-S1864 (ACTIVE) - Sponsor Memo

2015-S1864 (ACTIVE) - Bill Text download pdf

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

                                  1864

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

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
CONTRACTOR  SHALL NOT PLACE ANY ARBITRATION PROVISION UPON THEIR EMPLOY-
EES THAT WORK ON SUCH CONTRACT.
  (II) IN THE CASE OF CONTRACTS LET BY A COMPETITIVE  PROCESS,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03701-01-5
              

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