senate Bill S3427

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Jun 06, 2019 amended on third reading (t) 3427a
May 20, 2019 advanced to third reading
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.723
Feb 06, 2019 referred to finance

Votes

view votes

May 14, 2019 - Finance committee Vote

S3427
17
1
committee
17
Aye
1
Nay
4
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Finance committee vote details

Co-Sponsors

S3427 - Details

Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L

S3427 - 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.

S3427 - Sponsor Memo

S3427 - Bill Text download pdf


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

                                  3427

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by  Sen. SALAZAR -- 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 PERFORM-
ING 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 ARBITRATION FOR RESOLUTION; THIS
SHALL NOT INCLUDE ARBITRATION THAT IS MANDATED BY A COLLECTIVE  BARGAIN-
ING  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

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

Co-Sponsors

S3427A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L

S3427A (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.

S3427A (ACTIVE) - Sponsor Memo

S3427A (ACTIVE) - Bill Text download pdf


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

                                 3427--A
    Cal. No. 723

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by  Sens.  SALAZAR,  CARLUCCI,  GOUNARDES  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance  --  reported  favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, 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 CONTRAC-
TOR.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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