Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to finance |
Jan 15, 2015 |
referred to finance |
Senate Bill S1864
2015-2016 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
2015-S1864 (ACTIVE) - Details
2015-S1864 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1864 TITLE OF BILL: An act to amend the state finance law, in relation to arbitration provisions in state contracts PURPOSE: To withhold contracts from vendors which prohibit their employees from bringing discrimination or harassment claims through the court system. SUMMARY OF PROVISIONS: Amends the State Finance Law by adding a new subdivision 9 to section 165 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 the NYS Human Rights Act. The subdivision also allows an agency to waive this requirement but the reasons for the waiver will become public documents. JUSTIFICATION: Currently, most large employers have binding arbitration clauses that
2015-S1864 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1864 2015-2016 Regular Sessions I N S E N A T E January 15, 2015 ___________ 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 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 VALUE OFFER HAS NOT AGREED TO STIPULATE TO THE CONDITIONS SET FORTH IN THIS SUBDIVISION AND ANOTHER RESPONSIVE AND RESPONSIBLE OFFERER WHO HAS AGREED TO STIPULATE TO SUCH CONDITIONS HAS SUBMITTED AN OFFER WITHIN FIVE PERCENT OF THE LOWEST PRICE OR BEST VALUE OFFER FOR A CONTRACT TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03701-01-5
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