S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2112
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. ABINANTI,
   DAVILA,  DICKENS,  GALEF, GLICK, GOTTFRIED, HYNDMAN, LAVINE, PICHARDO,
   REYES, RICHARDSON, J. RIVERA, SEAWRIGHT, WALLACE,  ZEBROWSKI  --  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-d
 to read as follows:
   §  170-D. 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.
              

                                                            LBD01107-01-1

 A. 2112                             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.