Senate Bill S4438A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

2013-S4438 - Details

See Assembly Version of this Bill:
A4791
Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5802, A7001
2015-2016: S1864, A2747
2017-2018: A6457
2019-2020: A7936

2013-S4438 - 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.

2013-S4438 - Sponsor Memo

2013-S4438 - Bill Text download pdf

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

                                  4438

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

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 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
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 CONTRACTOR.
  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
COMMISSION  OF  THE  STATE THAT WAIVES THE APPLICATION OF PARAGRAPH A OF
THIS SUBDIVISION SHALL ENTER INTO THE PROCUREMENT  RECORDS  THE  REASONS
THE  WAIVER WAS NECESSARY. FOR THE PURPOSES OF THIS PARAGRAPH, "EMERGEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03998-01-3

              

2013-S4438A (ACTIVE) - Details

See Assembly Version of this Bill:
A4791
Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5802, A7001
2015-2016: S1864, A2747
2017-2018: A6457
2019-2020: A7936

2013-S4438A (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.

2013-S4438A (ACTIVE) - Sponsor Memo

2013-S4438A (ACTIVE) - Bill Text download pdf

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

                                 4438--A
    Cal. No. 727

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance --  recommit-
  ted to the Committee on Finance in accordance with Senate Rule 6, sec.
  8  --  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 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

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

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