Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to finance |
Jun 20, 2019 |
committed to rules |
Jun 06, 2019 |
amended on third reading (t) 3427a |
May 20, 2019 |
advanced to third reading |
May 15, 2019 |
2nd report cal. |
May 14, 2019 |
1st report cal.723 |
Feb 06, 2019 |
referred to finance |
Senate Bill S3427
2019-2020 Legislative Session
Sponsored By
(D, WF) 18th 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
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(D) 26th Senate District
2019-S3427 - Details
- Current Committee:
- Senate Finance
- Law Section:
- State Finance Law
- Laws Affected:
- Amd §165, St Fin L
2019-S3427 - Sponsor Memo
BILL NUMBER: S3427 SPONSOR: SALAZAR TITLE OF BILL: An act to amend the state finance law, in relation to arbitration provisions in state contracts PURPOSE OR GENERAL IDEA OF BILL: To withhold state contracts from vendors which prohibit their employees from bringing discrimination or harassment claims to court. SUMMARY OF SPECIFIC PROVISIONS: Amends the State Finance Law by adding a new Section 112-2(c) which prohibits the Comptroller from approving any contract with any vendor which mandates that an employee or independent contractor performing work under the contract or subcontract resolve through private arbi- tration 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, super-
2019-S3427 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3427 2019-2020 Regular Sessions I N S E N A T E February 6, 2019 ___________ Introduced by Sen. SALAZAR -- 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 PERFORM- ING 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 ARBITRATION FOR RESOLUTION; THIS SHALL NOT INCLUDE ARBITRATION THAT IS MANDATED BY A COLLECTIVE BARGAIN- ING 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) 26th Senate District
2019-S3427A (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- State Finance Law
- Laws Affected:
- Amd §165, St Fin L
2019-S3427A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3427A SPONSOR: SALAZAR 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 OR GENERAL IDEA OF BILL: To withhold state contracts from vendors which prohibit their employees from bringing discrimination or harassment claims to court. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 163 of the state finance law by adding a new Subdivision 12-a which prohibits the state from entering any contract with any vendor that requires 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, the NY Human Rights Law or any tort related to or arising out of discrimination, sexual assault or harassment, including assault and
2019-S3427A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3427--A Cal. No. 723 2019-2020 Regular Sessions I N S E N A T E February 6, 2019 ___________ Introduced by Sens. SALAZAR, CARLUCCI, GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- 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 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, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, 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 CONTRAC- TOR. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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