S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1770
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of A. SIMON, D'URSO, ZEBROWSKI, GOTTFRIED, PICHARDO,
   DICKENS, GALEF, LAVINE, GLICK, HYNDMAN, ABINANTI, RICHARDSON,  DAVILA,
   WRIGHT,  SEAWRIGHT,  RIVERA,  WALLACE -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting the  state
   from  entering  into  contracts  with companies requiring employees to
   stipulate to binding arbitration for all disputes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 170-c
 to read as follows:
   § 170-C. PROHIBITING THE STATE AND CERTAIN STATE ENTITIES FROM  ENTER-
 ING  INTO CONTRACTS WITH CERTAIN COMPANIES REQUIRING EMPLOYEES TO STIPU-
 LATE TO BINDING ARBITRATION AGREEMENTS. 1.  NOTWITHSTANDING  ANY  INCON-
 SISTENT  PROVISIONS OF ANY GENERAL OR SPECIAL LAW OR RESOLUTION, NEITHER
 THE STATE NOR ANY STATE AGENCY INCLUDING: (I) ANY STATE  DEPARTMENT,  OR
 (II) ANY DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT,
 OR (III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
 YORK,  INCLUDING  ALL THEIR CONSTITUENT UNITS, EXCEPT COMMUNITY COLLEGES
 AND THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY    OR  CONTRACT
 COLLEGES  ON  BEHALF  OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
 MEMBERS ARE APPOINTED BY THE GOVERNOR OR WHO SERVE BY  VIRTUE  OF  BEING
 STATE  OFFICERS  OR  EMPLOYEES  AS  DEFINED IN SUBPARAGRAPH (I), (II) OR
 (III) OF PARAGRAPH (I)  OF SUBDIVISION ONE OF SECTION  SEVENTY-THREE  OF
 THE  PUBLIC  OFFICERS  LAW,  (V) ANY PUBLIC AUTHORITY, OTHER THAN MULTI-
 STATE AUTHORITIES, PUBLIC BENEFIT CORPORATIONS, AND COMMISSIONS AT LEAST
 ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR, NOR  THE  LEGISLATIVE
 AND  JUDICIAL BRANCHES OF GOVERNMENT, NOR ANY FUND OF ANY OF THE FOREGO-
 ING, NOR ANY OFFICER OF ANY OF THE FOREGOING, SHALL CONTRACT OR RENEW  A
 CONTRACT  FOR  THE  SUPPLY  OF GOODS, SERVICES, OR CONSTRUCTION WITH ANY
 OVERSEAS CONTRACTOR WHO DOES NOT AGREE TO STIPULATE TO THE FOLLOWING  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01801-01-9

 A. 1770                             2
 
 A  MATERIAL CONDITION OF THE CONTRACT: THE CONTRACTOR, ANY SUBSIDIARY OF
 A CONTRACTOR, ANY FRANCHISER OF THE CONTRACTOR, AND ANY SUBCONTRACTOR TO
 BE EMPLOYED BY THE CONTRACTOR SHALL NOT UTILIZE AN  EMPLOYMENT  CONTRACT
 CONTAINING CLAUSES WHICH REQUIRE EMPLOYEES TO STIPULATE TO BINDING ARBI-
 TRATION  AGREEMENTS  FOR  ALL  DISPUTES UNLESS DISPUTES INVOLVING SEXUAL
 ASSAULT OR OTHER ASSAULT ARE EXCLUDED.
   2. ANY CONTRACTOR, ANY SUBSIDIARY OF A CONTRACTOR, FRANCHISER  OF  THE
 CONTRACTOR, AND ANY SUBCONTRACTOR TO BE EMPLOYED BY THE CONTRACTOR SHALL
 CERTIFY  THAT IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
 SUCH CERTIFICATION SHALL BE FILED WITH THE STATE GOVERNMENTAL  CONTRACT-
 ING PARTY AND MADE A PART OF ITS CONTRACT FILE.
   3. UPON RECEIVING INFORMATION THAT A CONTRACTOR WHO HAS MADE THE STIP-
 ULATION  AND    CERTIFICATION  REQUIRED  BY THIS SECTION IS IN VIOLATION
 THEREOF, THE STATE GOVERNMENTAL  CONTRACTING  PARTY  SHALL  REVIEW  SUCH
 INFORMATION  AND  OFFER THE CONTRACTOR AN OPPORTUNITY TO RESPOND. IF THE
 STATE  GOVERNMENTAL  CONTRACTING  PARTY  FINDS  THAT  A  VIOLATION   HAS
 OCCURRED,  IT  SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE AND PROVIDED
 FOR BY LAW, RULE OR REGULATION, OR CONTRACT, INCLUDING, BUT NOT  LIMITED
 TO,  IMPOSING SANCTIONS, SEEKING COMPLIANCE, RECOVERING DAMAGES, DECLAR-
 ING THE CONTRACTOR IN DEFAULT, AND SEEKING DEBARMENT  OR  SUSPENSION  OF
 THE CONTRACTOR.
   §  2.  If any provision of this act or the application thereof is held
 invalid, the remainder of this act and the application thereof to  other
 persons or circumstances shall not be affected by such holding and shall
 remain in full force and effect.
   § 3. This act shall take effect immediately.