Assembly Bill A7190

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7190
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the state finance law,  in  relation  to  disclosure  of
   employer payments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The state finance law is amended by adding  a  new  section
 139-l to read as follows:
   §  139-L.  DISCLOSURE  OF  EMPLOYER  PAYMENTS. 1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING  MEANINGS  UNLESS
 SPECIFIED OTHERWISE:
   A. "EMPLOYER PAYMENTS" SHALL MEAN PAYMENTS FOR ANY AND ALL PROGRAMS OR
 BENEFITS FOR EMPLOYEES, THEIR FAMILIES AND DEPENDENTS AND RETIREES, PAID
 BY  AN  EMPLOYER,  WHICH ARE (1) MEDICAL AND HOSPITAL CARE, PRESCRIPTION
 DRUGS, DENTAL CARE, VISION CARE, DIAGNOSTIC SERVICES, AND  OTHER  HEALTH
 AND  WELFARE  BENEFITS;  (2)  RETIREMENT PLAN BENEFITS; (3) VACATION AND
 HOLIDAYS WITH PAY OR CASH PAYMENTS IN LIEU THEREOF; (4) COMPENSATION FOR
 INJURIES OR ILLNESSES RESULTING FROM OCCUPATIONAL  ACTIVITY;  (5)  LIFE,
 ACCIDENTAL  DEATH AND DISMEMBERMENT AND DISABILITY OR SICKNESS AND ACCI-
 DENT INSURANCE; (6)  SUPPLEMENTAL  UNEMPLOYMENT  BENEFITS;  (7)  THRIFT,
 SECURITY  SAVINGS, SUPPLEMENTAL TRUST, AND BENEFICIAL TRUST FUNDS OTHER-
 WISE DESIGNATED, PROVIDED ALL OF THE MONEY EXCEPT THAT USED FOR  REASON-
 ABLE  ADMINISTRATIVE  EXPENSES IS RETURNED TO THE EMPLOYEES; (8) OCCUPA-
 TIONAL HEALTH AND  SAFETY  RESEARCH,  SAFETY  TRAINING,  MONITORING  JOB
 HAZARDS,  AND  THE  LIKE,  AS  SPECIFIED  IN  THE  APPLICABLE COLLECTIVE
 BARGAINING AGREEMENT.
   B. "PROCUREMENT CONTRACT" SHALL MEAN ANY CONTRACT OR OTHER  AGREEMENT,
 INCLUDING AN AMENDMENT, EXTENSION, RENEWAL, OR CHANGE ORDER TO AN EXIST-
 ING  CONTRACT  (OTHER  THAN  AMENDMENTS, EXTENSIONS, RENEWALS, OR CHANGE
 ORDERS THAT ARE AUTHORIZED AND PAYABLE UNDER THE TERMS OF  THE  CONTRACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10753-01-7
              

 A. 7190                             2
 
 AS  IT  WAS  FINALLY AWARDED OR APPROVED BY THE COMPTROLLER, AS APPLICA-
 BLE), FOR AN ARTICLE OF PROCUREMENT.
   C. "ARTICLE OF PROCUREMENT" SHALL MEAN A COMMODITY, SERVICE, TECHNOLO-
 GY,  PUBLIC  WORK, CONSTRUCTION, REVENUE CONTRACT, THE PURCHASE, SALE OR
 LEASE OF REAL PROPERTY OR AN ACQUISITION OR GRANTING OF  OTHER  INTEREST
 IN REAL PROPERTY THAT IS THE SUBJECT OF A PROCUREMENT CONTRACT.
   2.   EACH  GOVERNMENTAL  ENTITY  SHALL  ENSURE  THAT  SOLICITATION  OF
 PROPOSALS OR BID DOCUMENTS OR SPECIFICATIONS, OR CONTRACT DOCUMENTS,  AS
 APPLICABLE,  FOR  PROCUREMENT  CONTRACTS  SHALL  REQUIRE  OFFERERS,  ITS
 SUBSIDIARIES, AND ANY RELATED OR SUCCESSOR ENTITY  TO  DISCLOSE  WHETHER
 THEY  MAKE  EMPLOYER PAYMENTS TO THEIR WORKFORCE AND IF SO, SUCH OFFERER
 SHALL PROVIDE AN ITEMIZED LIST OF SUCH EMPLOYER PAYMENTS.
   3. THE FAILURE OF AN OFFERER TO DISCLOSE ACCURATE OR COMPLETE INFORMA-
 TION TO A GOVERNMENTAL  ENTITY  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION  SHALL BE CONSIDERED BY SUCH GOVERNMENTAL ENTITY IN ITS DETERMI-
 NATION OF THE RESPONSIBILITY OF SUCH OFFERER.  NO  PROCUREMENT  CONTRACT
 SHALL  BE  AWARDED TO ANY SUCH OFFERER, IT SUBSIDIARIES, AND ANY RELATED
 OR SUCCESSOR ENTITY WITH  SUBSTANTIALLY  SIMILAR  FUNCTION,  MANAGEMENT,
 BOARD  OF  DIRECTORS,  OFFICERS  AND  SHAREHOLDERS (HEREINAFTER, FOR THE
 PURPOSES OF THIS SUBDIVISION, "OFFERER"), UNLESS THE GOVERNMENTAL ENTITY
 FINDS THAT THE AWARD OF THE  PROCUREMENT  CONTRACT  TO  THE  OFFERER  IS
 NECESSARY  TO  PROTECT  PUBLIC  PROPERTY OR PUBLIC HEALTH OR SAFETY, AND
 THAT THE OFFERER IS THE ONLY SOURCE CAPABLE OF  SUPPLYING  THE  REQUIRED
 ARTICLE  OF  PROCUREMENT  WITHIN THE NECESSARY TIMEFRAME, PROVIDED, THAT
 THE GOVERNMENTAL ENTITY SHALL INCLUDE IN THE PROCUREMENT RECORD A STATE-
 MENT DESCRIBING THE BASIS FOR SUCH A FINDING.
   4. ANY PROCUREMENT CONTRACT AWARD SUBJECT TO THE  PROVISIONS  OF  THIS
 SECTION  SHALL  CONTAIN A CERTIFICATION BY THE OFFERER THAT ALL INFORMA-
 TION PROVIDED TO THE PROCURING GOVERNMENTAL ENTITY WITH RESPECT TO  THIS
 SECTION  IS  COMPLETE,  TRUE  AND  ACCURATE,  AND  EACH SUCH PROCUREMENT
 CONTRACT SHALL CONTAIN A PROVISION AUTHORIZING THE  GOVERNMENTAL  ENTITY
 TO  TERMINATE  SUCH CONTRACT IN THE EVENT SUCH CERTIFICATION IS FOUND TO
 BE INTENTIONALLY FALSE OR  INTENTIONALLY  INCOMPLETE.  THE  GOVERNMENTAL
 ENTITY  SHALL  INCLUDE  IN THE PROCUREMENT RECORD A STATEMENT DESCRIBING
 THE BASIS FOR ANY ACTION TAKEN PURSUANT TO SUCH TERMINATION PROVISION.
   § 2. This act shall take effect immediately; provided that procurement
 contracts for which bid solicitations have  been  issued  prior  to  the
 effective  date of this act shall be subject to the provisions of law in
 effect at the time of issuance.  Effective  immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made on or before such effective date.