Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to labor |
Jan 18, 2011 |
referred to labor |
Senate Bill S2137
2011-2012 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
2011-S2137 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §201-g, Lab L; amd §103, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5013
2013-2014: S3714
2011-S2137 (ACTIVE) - Summary
Defines lowest responsible bidder for purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a three year period preceding the award of a public works project in order to disqualify as the lowest responsible bidder on a public works contract those bidders who have violated certain federal or state labor laws; permits challenges to the determination of the lowest possible bidder.
2011-S2137 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2137 TITLE OF BILL: An act to amend the labor law and the general municipal law, in relation to the definition of lowest responsible bidder and unfair labor practices for purposes of public works projects PURPOSE: To disqualify a bidder as the lowest responsible bidder on a public work contract where it has violated certain federal or state labor laws. SUMMARY OF PROVISIONS: Section 1: disqualifies a bidder from being awarded a public work contract as the "lowest possible bidder" where it has violated any of the following laws within the preceding two years: (a) a violation of the prevailing wage laws under sections 220 and 231 of the Labor Law, or (b) violation of the health and safety provisions of the Federal Occupational and Safety Health Act, or section 27-a of the state's labor law. Section 1 also authorizes a person, corporation or a labor union to challenge the proposed selection of the lowest responsible bidder by filing an application with the public entity awarding the contract. The
2011-S2137 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2137 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the general municipal law, in relation to the definition of lowest responsible bidder and unfair labor prac- tices for purposes of public works projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 201-g to read as follows: S 201-G. DETERMINATION OF LOWEST RESPONSIBLE BIDDER. 1. WHENEVER SELECTION OF THE LOWEST RESPONSIBLE BIDDER IS REQUIRED UNDER SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW, A PERSON, FIRM, CORPORATION, SUCCESSOR CORPORATION, CONTRACTOR OR SUBCONTRACTOR SHALL NOT QUALIFY AS A RESPONSIBLE BIDDER IF IT HAS COMMITTED ANY OF THE FOLLOWING VIOLATIONS WITHIN A THREE YEAR PERIOD PRECEDING THE AWARD OF THE CONTRACT: (A) A VIOLATION OF ANY PROVISION OF ARTICLE EIGHT OF THIS CHAPTER; (B) A VIOLATION OF ANY STATE OR FEDERAL LABOR LAW INCLUDING BUT NOT LIMITED TO OCCUPATIONAL SAFETY AND HEALTH; WAGES; CHILD LABOR; WORKERS' COMPENSATION; UNEMPLOYMENT COMPENSATION; ORGANIZATIONAL RIGHTS; AND LABOR STANDARDS; (C) A VIOLATION OF ANY STATE OR FEDERAL LAW RELATING TO BID COLLUSION OR RESTRAINT OF TRADE; (D) A VIOLATION OF ANY STATE OR FEDERAL ENVIRONMENTAL LAW; (E) A CRIMINAL CONVICTION OF ANY STATE OR FEDERAL LAW FOR ANY CONDUCT RELATING TO BIDDING OR CONSTRUCTION-RELATED WORK BY THE BIDDER; (F) AN OUTSTANDING DISQUALIFICATION FROM BIDDING ON ANY PUBLIC WORK CONTRACT; OR (G) A VIOLATION OF ANY STATE OR FEDERAL CIVIL RIGHTS, EMPLOYMENT DISA- BILITY OR MINORITY PREFERENCE LAW. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT DIMIN- ISH THE DISCRETION OF THE AWARDING AUTHORITY TO DISQUALIFY A BIDDER ON EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06863-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.