Bill Text: NY S04265 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits the state from entering into certain contracts with companies requiring employees to stipulate to binding arbitration for all disputes unless it excludes disputes involving sexual assault.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S04265 Detail]

Download: New_York-2019-S04265-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4265
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 5, 2019
                                       ___________
        Introduced by Sens. PARKER, KRUEGER, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Finance
        AN  ACT to amend the executive law, in relation to prohibiting the state
          from entering into contracts with  companies  requiring  employees  to
          stipulate to binding arbitration for all disputes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new section  170-c
     2  to read as follows:
     3    §  170-c. Prohibiting the state and certain state entities from enter-
     4  ing into contracts with certain companies requiring employees to  stipu-
     5  late  to  binding  arbitration agreements. 1. Notwithstanding any incon-
     6  sistent provisions of any general or special law or resolution,  neither
     7  the  state  nor any state agency including: (i) any state department, or
     8  (ii) any division, board, commission, or bureau of any state department,
     9  or (iii) the state university of New York and the city university of New
    10  York, including all their constituent units, except  community  colleges
    11  and  the  independent  institutions  operating  statutory    or contract
    12  colleges on behalf of the state, or (iv) a board, a  majority  of  whose
    13  members  are  appointed  by the governor or who serve by virtue of being
    14  state officers or employees as defined  in  subparagraph  (i),  (ii)  or
    15  (iii)  of  paragraph (i)  of subdivision one of section seventy-three of
    16  the public officers law, (v) any public  authority,  other  than  multi-
    17  state authorities, public benefit corporations, and commissions at least
    18  one  of  whose members is appointed by the governor, nor the legislative
    19  and judicial branches of government, nor any fund of any of the  forego-
    20  ing,  nor any officer of any of the foregoing, shall contract or renew a
    21  contract for the supply of goods, services,  or  construction  with  any
    22  overseas  contractor who does not agree to stipulate to the following as
    23  a material condition of the contract: the contractor, any subsidiary  of
    24  a contractor, any franchiser of the contractor, and any subcontractor to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01801-01-9
        S. 4265                             2
     1  be  employed  by the contractor shall not utilize an employment contract
     2  containing clauses which require employees to stipulate to binding arbi-
     3  tration agreements for all disputes  unless  disputes  involving  sexual
     4  assault or other assault are excluded.
     5    2.  Any  contractor, any subsidiary of a contractor, franchiser of the
     6  contractor, and any subcontractor to be employed by the contractor shall
     7  certify that it is in compliance with the requirements of this  section.
     8  Such  certification shall be filed with the state governmental contract-
     9  ing party and made a part of its contract file.
    10    3. Upon receiving information that a contractor who has made the stip-
    11  ulation and   certification required by this  section  is  in  violation
    12  thereof,  the  state  governmental  contracting  party shall review such
    13  information and offer the contractor an opportunity to respond.  If  the
    14  state   governmental  contracting  party  finds  that  a  violation  has
    15  occurred, it shall take such action as may be appropriate  and  provided
    16  for  by law, rule or regulation, or contract, including, but not limited
    17  to, imposing sanctions, seeking compliance, recovering damages,  declar-
    18  ing  the  contractor  in default, and seeking debarment or suspension of
    19  the contractor.
    20    § 2. If any provision of this act or the application thereof  is  held
    21  invalid,  the remainder of this act and the application thereof to other
    22  persons or circumstances shall not be affected by such holding and shall
    23  remain in full force and effect.
    24    § 3. This act shall take effect immediately.