Senate Bill S2974A

2017-2018 Legislative Session

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act

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Sponsored By

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

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Bill Amendments

co-Sponsors

2017-S2974 - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S3995

2017-S2974 - Summary

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act.

2017-S2974 - Sponsor Memo

2017-S2974 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2974
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY,  BOYLE, FUNKE, MARCHIONE, ORTT, ROBACH --
   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 reciprocity of debarments imposed under the federal Davis-Bacon Act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 3 of section 220-b of the  labor
 law is amended by adding a new subparagraph 3 to read as follows:
   (3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
 GATIONS  TO  EMPLOYEES  UNDER  THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.
 3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY, AND  ANY  "SUBSTANTIALLY
 OWNED-AFFILIATED  ENTITY"  AS DEFINED BY PARAGRAPH G OF SUBDIVISION FIVE
 OF SECTION TWO HUNDRED TWENTY OF THIS ARTICLE, SHALL  BE  INELIGIBLE  TO
 SUBMIT  A BID ON OR BE AWARDED ANY PUBLIC WORKS CONTRACT WITH THE STATE,
 ANY MUNICIPAL CORPORATION, PUBLIC BENEFIT  CORPORATION  OR  PUBLIC  BODY
 WHILE  THE  NAME  OF  THE  PERSON  OR ENTITY IS PUBLISHED IN THE LIST OF
 DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C. 3144. WHERE A PERSON OR ENTI-
 TY IS DETERMINED TO BE INELIGIBLE PURSUANT TO THIS SUBPARAGRAPH  BECAUSE
 IT  IS CONSIDERED A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY," SUCH PERSON
 OR ENTITY SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT  AND
 SHALL  BE  AFFORDED THE OPPORTUNITY TO APPEAL THE INELIGIBILITY DETERMI-
 NATION TO THE DEPARTMENT.
   § 2. Section 103 of the general municipal law is amended by  adding  a
 new subdivision 1-c to read as follows:
   1-C.  IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD
 OR AGENCY OF ANY  POLITICAL  SUBDIVISION  OR  OF  ANY  DISTRICT  THEREIN
 CHARGED  WITH  AWARDING  OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE
 BIDDER, OR ANY "SUBSTANTIALLY OWNED-AFFILIATED  ENTITY"  AS  DEFINED  BY
 PARAGRAPH  G  OF  SUBDIVISION  FIVE OF SECTION TWO HUNDRED TWENTY OF THE
 LABOR LAW, HAS BEEN FOUND TO BE IN  VIOLATION  OF  THE  DAVIS-BACON  ACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S2974A (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S3995

2017-S2974A (ACTIVE) - Summary

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act.

2017-S2974A (ACTIVE) - Sponsor Memo

2017-S2974A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2974--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced by Sens. MURPHY, AKSHAR, ALCANTARA, BONACIC, BOYLE, CARLUCCI,
   FUNKE,  GALLIVAN,  KENNEDY,  MARCHIONE,  ORTT, RITCHIE, ROBACH -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Labor -- recommitted to the Committee on Labor in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law and the general municipal law, in relation
   to reciprocity of debarments imposed under the federal Davis-Bacon Act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 3 of section 220-b of the  labor
 law is amended by adding a new subparagraph 4 to read as follows:
   (4) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
 GATIONS  TO  EMPLOYEES  UNDER  THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.
 3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY, AND  ANY  "SUBSTANTIALLY
 OWNED-AFFILIATED  ENTITY"  AS DEFINED BY PARAGRAPH G OF SUBDIVISION FIVE
 OF SECTION TWO HUNDRED TWENTY OF THIS ARTICLE, SHALL  BE  INELIGIBLE  TO
 SUBMIT  A BID ON OR BE AWARDED ANY PUBLIC WORKS CONTRACT WITH THE STATE,
 ANY MUNICIPAL CORPORATION, PUBLIC BENEFIT  CORPORATION  OR  PUBLIC  BODY
 WHILE  THE  NAME  OF  THE  PERSON  OR ENTITY IS PUBLISHED IN THE LIST OF
 DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C. 3144. WHERE A PERSON OR ENTI-
 TY IS DETERMINED TO BE INELIGIBLE PURSUANT TO THIS SUBPARAGRAPH  BECAUSE
 IT  IS CONSIDERED A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY," SUCH PERSON
 OR ENTITY SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT  AND
 SHALL  BE  AFFORDED THE OPPORTUNITY TO APPEAL THE INELIGIBILITY DETERMI-
 NATION TO THE DEPARTMENT.
   § 2. Section 103 of the general municipal law is amended by  adding  a
 new subdivision 1-d to read as follows:
   1-D.  IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD
 OR AGENCY OF ANY  POLITICAL  SUBDIVISION  OR  OF  ANY  DISTRICT  THEREIN
 CHARGED  WITH  AWARDING  OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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