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

                                  6873

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the state finance law and the general municipal law,  in
  relation to enacting the "non-exploitive procurement practices act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited  as  the  "non-ex-
ploitive procurement practices act".
  S  2.  The state finance law is amended by adding a new section 169 to
read as follows:
  S 169. NON-EXPLOITIVE PROCUREMENT PRACTICES. 1. FOR  THE  PURPOSES  OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONTRACTING ENTITY" SHALL MEAN ANY NEW YORK STATE AGENCY, DEPART-
MENT,  BOARD,  BUREAU, COMMISSION, DIVISION, PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, POLITICAL SUBDIVISION  OF  THE  STATE  OR  ANY  PUBLIC
DEPARTMENT.
  (B)  "CONTRACT"  SHALL  MEAN  ANY  WRITTEN AGREEMENT ENTERED INTO BY A
CONTRACTING  AGENCY  FOR  THE  PROCUREMENT  OR  DISPOSAL  OF  MATERIALS,
SERVICES  OR CONSTRUCTION, EXCEEDING A DOLLAR VALUE OF NOT LESS THAN TEN
THOUSAND DOLLARS.
  (C) "BIDDER" SHALL MEAN A PERSON, PARTNERSHIP,  FIRM,  CORPORATION  OR
BUSINESS  ENTITY  SUBMITTING  A  BID  OR  PROPOSAL FOR, OR SUBMITTED FOR
APPROVAL AS A SUBCONTRACTOR FOR A CONTRACT BY  ANY  OF  THE  CONTRACTING
AGENCIES.
  2. BEFORE ANY CONTRACTING ENTITY ENTERS INTO A CONTRACT WITH A BIDDER,
THE  CONTRACTING  AGENCY  SHALL CERTIFY THAT THE BIDDER HAS DEMONSTRATED
THAT IT MAINTAINS SATISFACTORY COMPLIANCE WITH WORKPLACE SAFETY, COMPEN-
SATION, CHILD LABOR, WORKPLACE ORGANIZING AND ANTI-DISCRIMINATION  POLI-
CIES  WHICH ARE AT LEAST AS STRINGENT AS THOSE AFFORDED NEW YORK WORKERS
UNDER NEW YORK LAW, INCLUDING, BUT NOT LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09567-01-1

              

A. 6873                             2

  (A) ADHERENCE TO WORKPLACE SAFETY STANDARDS PURSUANT  TO  THE  FEDERAL
OCCUPATIONAL  HEALTH AND SAFETY ACT OR TO WORKPLACE SAFETY LAWS SUBSTAN-
TIALLY SIMILAR TO THOSE ESTABLISHED PURSUANT TO THE FEDERAL OCCUPATIONAL
HEALTH AND SAFETY ACT;
  (B) ADHERENCE TO AN HOURLY MINIMUM WAGE IN AN AMOUNT EQUAL TO OR HIGH-
ER  THAN  THE  HOURLY MINIMUM WAGE IN EFFECT IN NEW YORK AT THE TIME THE
CONTRACT COMMENCES;
  (C) ADHERENCE TO AN HOURLY OVERTIME  WAGE  FOR  EACH  HOUR  WORKED  IN
EXCESS OF FORTY HOURS PER WEEK OF ONE AND ONE-HALF TIMES THE USUAL HOUR-
LY WAGE;
  (D)  ADHERENCE  TO  CHILD LABOR LAWS SUBSTANTIALLY SIMILAR TO THOSE IN
NEW YORK;
  (E) ADHERENCE  TO  "RIGHT  TO  ORGANIZE"  STANDARDS  PURSUANT  TO  THE
NATIONAL LABOR RELATIONS ACT OR TO LAWS ACKNOWLEDGING THE RIGHT OF WORK-
ERS  TO  ORGANIZE WHICH ARE SUBSTANTIALLY SIMILAR TO THOSE RECOGNIZED BY
THE NATIONAL LABOR RELATIONS ACT; AND
  (F) ADHERENCE TO ANTI-DISCRIMINATION POLICIES SUBSTANTIALLY SIMILAR TO
THOSE ESTABLISHED UNDER THE NEW YORK STATE HUMAN RIGHTS LAW CONTAINED IN
ARTICLE FIFTEEN OF THE EXECUTIVE LAW, INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO BE FREE FROM HARASSMENT AND DISCRIMINATION IN EMPLOYMENT  BASED
ON  AGE,  RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILI-
TARY STATUS, SEX, DISABILITY, PREDISPOSING  GENETIC  CHARACTERISTICS  OR
MARITAL STATUS.
  S  3.  The  general  municipal  law is amended by adding a new section
103-g to read as follows:
  S 103-G. NON-EXPLOITIVE PROCUREMENT PRACTICES. 1. FOR THE PURPOSES  OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CONTRACTING ENTITY" SHALL MEAN ANY NEW YORK STATE AGENCY, DEPART-
MENT,  BOARD,  BUREAU, COMMISSION, DIVISION, PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, POLITICAL SUBDIVISION  OF  THE  STATE  OR  ANY  PUBLIC
DEPARTMENT.
  (B)  "CONTRACT"  SHALL  MEAN  ANY  WRITTEN AGREEMENT ENTERED INTO BY A
CONTRACTING  AGENCY  FOR  THE  PROCUREMENT  OR  DISPOSAL  OF  MATERIALS,
SERVICES  OR CONSTRUCTION, EXCEEDING A DOLLAR VALUE OF NOT LESS THAN TEN
THOUSAND DOLLARS.
  (C) "BIDDER" SHALL MEAN A PERSON, PARTNERSHIP,  FIRM,  CORPORATION  OR
BUSINESS  ENTITY  SUBMITTING  A  BID  OR  PROPOSAL FOR, OR SUBMITTED FOR
APPROVAL AS A SUBCONTRACTOR FOR A CONTRACT BY  ANY  OF  THE  CONTRACTING
AGENCIES.
  2. BEFORE ANY CONTRACTING ENTITY ENTERS INTO A CONTRACT WITH A BIDDER,
THE  CONTRACTING  AGENCY  SHALL CERTIFY THAT THE BIDDER HAS DEMONSTRATED
THAT IT MAINTAINS SATISFACTORY COMPLIANCE WITH WORKPLACE SAFETY, COMPEN-
SATION, CHILD LABOR, WORKPLACE ORGANIZING AND ANTI-DISCRIMINATION  POLI-
CIES  WHICH ARE AT LEAST AS STRINGENT AS THOSE AFFORDED NEW YORK WORKERS
UNDER NEW YORK LAW, INCLUDING, BUT NOT LIMITED TO:
  (A) ADHERENCE TO WORKPLACE SAFETY STANDARDS PURSUANT  TO  THE  FEDERAL
OCCUPATIONAL  HEALTH AND SAFETY ACT OR TO WORKPLACE SAFETY LAWS SUBSTAN-
TIALLY SIMILAR TO THOSE ESTABLISHED PURSUANT TO THE FEDERAL OCCUPATIONAL
HEALTH AND SAFETY ACT;
  (B) ADHERENCE TO AN HOURLY MINIMUM WAGE IN AN AMOUNT EQUAL TO OR HIGH-
ER THAN THE HOURLY MINIMUM WAGE IN EFFECT IN NEW YORK AT  THE  TIME  THE
CONTRACT COMMENCES;
  (C)  ADHERENCE  TO  AN  HOURLY  OVERTIME  WAGE FOR EACH HOUR WORKED IN
EXCESS OF FORTY HOURS PER WEEK OF ONE AND ONE-HALF TIMES THE USUAL HOUR-
LY WAGE;

A. 6873                             3

  (D) ADHERENCE TO CHILD LABOR LAWS SUBSTANTIALLY SIMILAR  TO  THOSE  IN
NEW YORK;
  (E)  ADHERENCE  TO  "RIGHT  TO  ORGANIZE"  STANDARDS  PURSUANT  TO THE
NATIONAL LABOR RELATIONS ACT OR TO LAWS ACKNOWLEDGING THE RIGHT OF WORK-
ERS TO ORGANIZE WHICH ARE SUBSTANTIALLY SIMILAR TO THOSE  RECOGNIZED  BY
THE NATIONAL LABOR RELATIONS ACT; AND
  (F) ADHERENCE TO ANTI-DISCRIMINATION POLICIES SUBSTANTIALLY SIMILAR TO
THOSE ESTABLISHED UNDER THE NEW YORK STATE HUMAN RIGHTS LAW CONTAINED IN
ARTICLE FIFTEEN OF THE EXECUTIVE LAW, INCLUDING, BUT NOT LIMITED TO, THE
RIGHT  TO BE FREE FROM HARASSMENT AND DISCRIMINATION IN EMPLOYMENT BASED
ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL  ORIENTATION,  MILI-
TARY  STATUS,  SEX,  DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS OR
MARITAL STATUS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.