Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2014 |
amended on third reading 4791a |
Jun 17, 2014 |
vote reconsidered - restored to third reading returned to assembly recalled from senate |
May 05, 2014 |
referred to finance delivered to senate passed assembly |
May 01, 2014 |
advanced to third reading cal.602 |
Apr 28, 2014 |
reported |
Feb 26, 2014 |
reported referred to ways and means |
Feb 11, 2014 |
reported referred to codes |
Jan 08, 2014 |
referred to governmental operations |
Jun 10, 2013 |
reported referred to ways and means |
Mar 13, 2013 |
reported referred to codes |
Feb 08, 2013 |
referred to governmental operations |
Assembly Bill A4791A
2013-2014 Legislative Session
Sponsored By
TITONE
Archive: Last Bill Status - On Floor Calendar
- 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
Bill Amendments
co-Sponsors
Richard Gottfried
Joan Millman
Harry B. Bronson
Charles Lavine
multi-Sponsors
Jeffrion Aubry
James F. Brennan
Gary Finch
Sandy Galef
2013-A4791 - Details
2013-A4791 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4791 2013-2014 Regular Sessions I N A S S E M B L Y February 8, 2013 ___________ Introduced by M. of A. TITONE, GOTTFRIED, MILLMAN, BRONSON, GIBSON, LAVINE, COOK, KAVANAGH, PERRY -- Multi-Sponsored by -- M. of A. ABINANTI, AUBRY, BRENNAN, FINCH, GALEF, GLICK, HOOPER, MOYA, SWEENEY -- read once and referred to the Committee on Governmental Operations 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03998-01-3
co-Sponsors
Richard Gottfried
Joan Millman
Harry B. Bronson
Charles Lavine
multi-Sponsors
Jeffrion Aubry
James F. Brennan
Gary Finch
Sandy Galef
2013-A4791A (ACTIVE) - Details
2013-A4791A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4791--A Cal. No. 602 2013-2014 Regular Sessions I N A S S E M B L Y February 8, 2013 ___________ Introduced by M. of A. TITONE, GOTTFRIED, MILLMAN, BRONSON, LAVINE, COOK, KAVANAGH, PERRY, WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of A. AUBRY, BRENNAN, FINCH, GALEF, GLICK, HOOPER, MOYA, SWEENEY -- read once and referred to the Committee on Governmental Operations -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- advanced to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03998-03-4
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