S T A T E O F N E W Y O R K
________________________________________________________________________
2270
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. JOHN, SILVER -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to prevailing wage
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 two new subparagraphs 3 and 4 to read as
follows:
(3) IN ADDITION TO ANY PENALTIES OR FINES RENDERED PURSUANT TO THIS
ARTICLE, WHEN ANY PERSON OR CORPORATION, OR ANY OFFICER OR SHAREHOLDER
WHO OWNS OR CONTROLS AT LEAST TEN PER CENTUM OF THE OUTSTANDING STOCK OF
SUCH CORPORATION, HAS:
(I) REFUSED, AFTER TWO WRITTEN REQUESTS, TO ALLOW THE FISCAL OFFICER
OR HIS OR HER AGENTS, EXAMINERS OR INSPECTORS TO EXAMINE BOOKS AND
RECORDS PURSUANT TO THIS ARTICLE;
(II) FAILED, AFTER TWO WRITTEN REQUESTS, TO RESPOND TO A FORMAL
REQUEST TO PRODUCE RECORDS PURSUANT TO THIS ARTICLE;
(III) FAILED TO RESPOND TO A SUBPOENA TO PRODUCE RECORDS PURSUANT TO
THIS ARTICLE;
(IV) FAILED TO IMPLEMENT OR COMPLY WITH A SETTLEMENT AND/OR STIPU-
LATION ENTERED PURSUANT TO THIS ARTICLE WITHIN THIRTY DAYS OF THE DATE
OF THE SETTLEMENT OR STIPULATION; OR FAILED TO MAKE ANY PAYMENT THERE-
UNDER WITHIN THIRTY DAYS OF WHEN DUE; OR
(V) FAILED TO COMPLY WITH AN ORDER OF THE FISCAL OFFICER RENDERED
PURSUANT TO THIS ARTICLE, WITHIN THIRTY DAYS OF THE FINAL ORDER OR FINAL
JUDICIAL DETERMINATION, WHICHEVER IS LATER;
SUCH PERSON, CORPORATION, OFFICER OR SHAREHOLDER SHALL BE INELIGIBLE TO
SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT WITH THE STATE,
ANY MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY FOR
A PERIOD OF FIVE YEARS FROM THE DATE OF REFUSAL, SETTLEMENT, STIPULATION
OR ORDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05099-01-9
A. 2270 2
(4) NOTWITHSTANDING ANY LAWS TO THE CONTRARY, WHEN A FINAL DETERMI-
NATION HAS BEEN MADE PURSUANT TO THIS PARAGRAPH, INVOLVING THE WILLFUL
FAILURE TO PAY THE PREVAILING RATE OF WAGES OR TO PROVIDE SUPPLEMENTS IN
ACCORDANCE WITH THIS ARTICLE, THE FISCAL OFFICER ISSUING THE DETERMI-
NATION, PURSUANT TO RULES OR REGULATIONS PROMULGATED BY THE FISCAL OFFI-
CER, MAY SEEK A DETERMINATION DECLARING SUCH PERSON OR CORPORATION, OR
ANY OFFICER OR SHAREHOLDER WHO OWNS OR CONTROLS AT LEAST TEN PER CENTUM
OF THE OUTSTANDING STOCK OF SUCH CORPORATION, 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 FOR A PERIOD OF
FIVE YEARS FROM THE DATE OF THE DETERMINATION.
S 2. The opening paragraph of subdivision 7 of section 235 of the
labor law is designated paragraph a and two new paragraphs b and c are
added to read as follows:
B. IN ADDITION TO ANY PENALTIES OR FINES RENDERED PURSUANT TO THIS
ARTICLE, WHEN ANY PERSON OR CORPORATION, OR ANY OFFICER OR SHAREHOLDER
WHO OWNS OR CONTROLS AT LEAST TEN PER CENTUM OF THE OUTSTANDING STOCK OF
SUCH CORPORATION, HAS:
(I) REFUSED, AFTER TWO WRITTEN REQUESTS TO ALLOW THE FISCAL OFFICER OR
HIS OR HER AGENTS, EXAMINERS OR INSPECTORS TO EXAMINE BOOKS AND RECORDS
PURSUANT TO THIS ARTICLE;
(II) FAILED TO RESPOND TO A FORMAL REQUEST TO PRODUCE RECORDS PURSUANT
TO THIS ARTICLE AFTER TWO WRITTEN REQUESTS;
(III) FAILED TO RESPOND TO A SUBPOENA TO PRODUCE RECORDS PURSUANT TO
THIS ARTICLE;
(IV) FAILED TO IMPLEMENT OR COMPLY WITH A SETTLEMENT AND/OR STIPU-
LATION ENTERED PURSUANT TO THIS ARTICLE WITHIN THIRTY DAYS OF THE DATE
OF THE SETTLEMENT OR STIPULATION; OR FAILED TO MAKE ANY PAYMENT THERE-
UNDER WITHIN THIRTY DAYS OF WHEN DUE; OR
(V) FAILED TO COMPLY WITH AN ORDER OF THE FISCAL OFFICER RENDERED
PURSUANT TO THIS ARTICLE, WITHIN THIRTY DAYS OF THE FINAL ORDER OR FINAL
JUDICIAL DETERMINATION, WHICHEVER IS LATER;
SUCH PERSON, CORPORATION, OFFICER OR SHAREHOLDER SHALL BE INELIGIBLE TO
SUBMIT A BID ON OR BE AWARDED ANY PUBLIC BUILDING SERVICE WORK WITH THE
STATE, ANY MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC
BODY FOR A PERIOD OF FIVE YEARS FROM THE DATE OF REFUSAL, SETTLEMENT,
STIPULATION OR ORDER.
C. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, WHEN A FINAL ORDER HAS
BEEN MADE PURSUANT TO THIS SUBDIVISION, INVOLVING THE WILLFUL FAILURE TO
PAY THE PREVAILING RATE OF WAGES OR TO PROVIDE SUPPLEMENTS IN ACCORDANCE
WITH THIS ARTICLE, THE FISCAL OFFICER, PURSUANT TO RULES OR REGULATIONS
PROMULGATED BY THE FISCAL OFFICER, MAY SEEK A DETERMINATION DECLARING
SUCH PERSON OR CORPORATION, OR ANY OFFICER OR SHAREHOLDER WHO OWNS OR
CONTROLS AT LEAST TEN PER CENTUM OF THE OUTSTANDING STOCK OF SUCH CORPO-
RATION, 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 FOR A PERIOD OF FIVE YEARS FROM THE DATE OF
THE DETERMINATION.
S 3. This act shall take effect immediately.