Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to finance |
Jun 17, 2011 |
referred to rules |
Senate Bill S5802
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Finance 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
Actions
2011-S5802 (ACTIVE) - Details
2011-S5802 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5802 TITLE OF BILL: An act to amend the state finance law, in relation to prohibiting state contracts with vendors that forbid employees from litigating discrimination or harassment claims PURPOSE: To withhold contracts from vendors which prohibit their employees from bringing discrimination or harassment claims to court. SUMMARY OF PROVISIONS: Amends the State Finance Law by adding a new subdivision 12-a to section 163 which prohibits agencies from entering into a contract with any vendor which mandates that an employee or independent contractor performing work under the contract or subcontract resolve through private arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of discrimination, sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. The subdivision also allows an agency to waive this requirement for an emergency but then must enter the reasons for the waiver into the procurement record.
2011-S5802 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5802 2011-2012 Regular Sessions I N S E N A T E June 17, 2011 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD09435-04-1
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