Assembly Bill A1173

2019-2020 Legislative Session

Makes contractors ineligible to bid for a public work contract if prevailing rate wages and supplements due from all prior public work contracts remain unpaid

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A1173 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3814
2015-2016: A900
2017-2018: A616

2019-A1173 (ACTIVE) - Summary

Makes contractors ineligible to bid for a public work contract if prevailing rate wages and supplements due from all prior public work contracts remain unpaid.

2019-A1173 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1173
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to making contractors  ineli-
   gible  to  bid for a public work contract if prevailing rate wages and
   supplements due from a prior public work contract remain unpaid

   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 1-a to read as follows:
   (1-A) WHEN A FINAL DETERMINATION HAS BEEN RENDERED AGAINST A  CONTRAC-
 TOR,  SUBCONTRACTOR,  SUCCESSOR,  OR  ANY SUBSTANTIALLY-OWNED AFFILIATED
 ENTITY OF THE CONTRACTOR OR SUBCONTRACTOR, ANY OF THE  PARTNERS  IF  THE
 CONTRACTOR  OR  SUBCONTRACTOR  IS  A  PARTNERSHIP,  ANY  OFFICER  OF THE
 CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN THE  VIOLATION
 OF THIS ARTICLE, ANY OF THE SHAREHOLDERS WHO OWN OR CONTROL AT LEAST TEN
 PER  CENTUM  OF THE OUTSTANDING STOCK OF THE CONTRACTOR OR SUBCONTRACTOR
 OR ANY SUCCESSOR HAS WILFULLY FAILED TO PAY THE PREVAILING RATE OF WAGES
 OR TO PROVIDE SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE, WHETHER  SUCH
 FAILURES WERE CONCURRENT OR CONSECUTIVE, SUCH CONTRACTOR, SUBCONTRACTOR,
 SUCCESSOR,  OR ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE CONTRAC-
 TOR OR SUBCONTRACTOR, ANY OF THE PARTNERS IF THE CONTRACTOR  OR  SUBCON-
 TRACTOR  IS  A PARTNERSHIP OR ANY OF THE SHAREHOLDERS WHO OWN OR CONTROL
 AT LEAST TEN PER CENTUM OF THE OUTSTANDING STOCK OF  THE  CONTRACTOR  OR
 SUBCONTRACTOR,  ANY OFFICER OF THE CONTRACTOR OR SUBCONTRACTOR WHO KNOW-
 INGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE SHALL BE  INELIGIBLE
 TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT
 WITH  THE  STATE,  ANY  MUNICIPAL  CORPORATION OR PUBLIC BODY UNLESS AND
 UNTIL ALL PREVAILING RATES OF WAGES AND SUPPLEMENTS DUE FROM  ALL  PRIOR
 PUBLIC WORK CONTRACTS HAVE BEEN PAID.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00157-01-9

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