Assembly Bill A7073

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7073

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced by M. of A. JOHN, NOLAN, ALFANO, SCHROEDER -- Multi-Sponsored
  by  --  M.  of A.   ABBATE, CLARK, COLTON, HEASTIE, MARKEY, MAYERSOHN,
  MILLMAN, ORTIZ, PERALTA, PERRY, WRIGHT -- read once  and  referred  to
  the Committee on Labor

AN  ACT  to  amend the labor law, in relation to establishing the public
  works security and accountability act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as "the public
works security and accountability act".
  S 2. The labor law is amended by adding a new section 222-b to read as
follows:
  S 222-B. PUBLIC WORK SITE SECURITY. 1. CONTRACTORS AND SUB-CONTRACTORS
SHALL ESTABLISH AN INCIDENT MANAGEMENT SYSTEM TO  ENSURE  THAT  INFORMA-
TION,  MATERIALS, THE CONSTRUCTION SITE AND ALL EMPLOYEES ARE SECURE AND
ACCOUNTED FOR IN THE CASE OF A TERRORIST ATTACK  OR  A  MAJOR  DISASTER.
SUCH INCIDENT MANAGEMENT SYSTEM SHALL INCLUDE THE FOLLOWING PROVISIONS:
  A.  THE REQUIREMENT THAT DUPLICATE COPIES OF ALL ESSENTIAL INFORMATION
BE MAINTAINED AT A SECURE OFF-SITE FACILITY; AND
  B. THE ESTABLISHMENT OF PROTECTIONS COMMENSURATE  WITH  THE  RISK  AND
MAGNITUDE  OF THE HARM RESULTING FROM UNAUTHORIZED ACCESS,  USE, DISCLO-
SURE, DISRUPTION, MODIFICATION, OR DESTRUCTION OF:
  (I) INFORMATION COLLECTED  OR  MAINTAINED  BY  OR  ON  BEHALF  OF  THE
CONTRACTING AGENCY; AND
  (II)  INFORMATION  SYSTEMS  USED  OR  OPERATED  BY  THE  CONTRACTOR OR
SUB-CONTRACTOR.
  2. A. IN ANY PUBLIC WORKS CONTRACT, THE CONTRACTOR  OR  SUB-CONTRACTOR
SHALL:
  (I)  INDICATE  WHETHER  THE  JOB  WILL INCLUDE EXPLOSIVES OR ANY OTHER
INCENDIARY DEVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10445-01-9

              

A. 7073                             2

  (II) PRIOR TO THE LEGAL USE OF ANY EXPLOSIVE  MATERIALS,  VERIFY  THAT
THE  PROPER  USER  PERMITS HAVE BEEN OBTAINED AND COPIES OF SUCH PERMITS
SHALL BE MAINTAINED ON THE WORK SITE WHERE SUCH EXPLOSIVES WILL BE USED;
  (III)  ATTACH  COPIES OF ALL PERMITS OR CERTIFICATES INVOLVING THE USE
OF SUCH EXPLOSIVES OR DEVICES, INCLUDING USER  PERMITS  FOR  INDIVIDUALS
EMPLOYED BY THE CONTRACTOR OR SUB-CONTRACTOR; AND
  (IV)  CERTIFY IN WRITING THAT HE OR SHE IS FAMILIAR WITH ALL PUBLISHED
FEDERAL, STATE AND LOCAL LAWS RELATING TO EXPLOSIVES.
  B. IN THOSE JOBS WHERE EXPLOSIVES MAY BE USED,  THE  CONTRACTOR  SHALL
DESIGNATE  A  PLACE  OF  STORAGE FOR EXPLOSIVE MATERIALS WHICH MEETS THE
LEGAL STANDARDS  FOR PUBLIC SAFETY AND SECURITY AGAINST  THEFT  PURSUANT
TO APPLICABLE FEDERAL AND STATE LAWS.
  C.  CONTRACTORS  AND  SUB-CONTRACTORS  SHALL  REPORT ANY THEFT OF SUCH
MATERIALS TO LOCAL AUTHORITIES NO LATER  THAN  TWENTY-FOUR  HOURS  AFTER
DISCOVERY.  THE  FAILURE TO REPORT A THEFT OF SUCH MATERIALS IN A TIMELY
MANNER SHALL BE PUNISHABLE BY A FINE  OF  NOT  LESS  THAN  ONE  THOUSAND
DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS.
  3.  EVERY  CONTRACTOR  OR SUB-CONTRACTOR SHALL MAINTAIN ON THE SITE OF
THE WORK, OR ON THE SITE WHERE WORKERS REPORT TO WORK, ORIGINAL  SIGN-IN
AND SIGN-OUT LOGS REFLECTING THE NAME, SOCIAL SECURITY NUMBER, THE ACTU-
AL  DATES  AND  TIMES OF WORK, INCLUDING ARRIVAL AND DEPARTURE TIMES, OF
ALL LABORERS, WORKERS OR MECHANICS EMPLOYED ON THE PUBLIC WORK, AND  THE
CLASSIFICATION  IN  WHICH  THEY  WORKED  DURING SUCH TIMES. SUCH RECORDS
SHALL BE CERTIFIED BY AN OFFICER OF THE CONTRACTOR OR SUB-CONTRACTOR AND
THE SITE MANAGER, AND SUCH RECORDS SHALL IMMEDIATELY BE PRODUCED ON  THE
SITE  OF  THE  WORK, OR SUBMITTED WITHIN FIVE DAYS TO THE FISCAL OFFICER
UPON RECEIPT OF A REQUEST BY THE FISCAL OFFICER TO PRODUCE SUCH RECORDS.
SUCH RECORDS SHALL BE MAINTAINED BY THE CONTRACTOR OR SUB-CONTRACTOR FOR
THREE YEARS AFTER THE FINAL ACCEPTANCE OF THE PROJECT. KNOWINGLY PROVID-
ING THE FISCAL OFFICER WITH FALSE RECORDS SHALL BE A CLASS  A  MISDEMEA-
NOR.
  S  3.  Subdivision  3  of  section  220 of the labor law is amended by
adding a new paragraph (f) to read as follows:
  (F) ALL WAGES PAYABLE UNDER THIS ARTICLE SHALL  BE  ACCOMPANIED  BY  A
WRITTEN  RECEIPT OR STATEMENT, SUCH AS A PAY STUB, DETAILING, AT A MINI-
MUM, THE HOURS AND DAYS WORKED BY SUCH EMPLOYEE, THE JOB  CLASSIFICATION
AT WHICH THE EMPLOYEE WAS EMPLOYED, AND THE PREVAILING WAGE RATE AND THE
SUPPLEMENT  PAID  TO  SUCH  EMPLOYEE,  INCLUDING SUMS WHICH ARE NOT PAID
DIRECTLY TO THE EMPLOYEE AND WHICH ARE EXPENDED FOR SUPPLEMENTS.
  S 4. Subparagraph (ii) of paragraph a of subdivision  3-a  of  section
220  of the labor law, as separately amended by chapters 7 and 63 of the
laws of 2008, is amended to read as follows:
  (ii) The contractor and every sub-contractor on public works contracts
shall post in a prominent and accessible place on  the  site  where  the
work  is performed a legible statement of all wage rates and supplements
as specified in the contract to be paid or provided, as the case may be,
for the various classes of mechanics, workers, or laborers  employed  on
the  work.  Such  posted statement shall be written in plain English and
titled, in lettering no smaller than two inches in height and two inches
in width, with the phrase "Prevailing Rate of Wages".   EACH  CONTRACTOR
OR  SUB-CONTRACTOR  SHALL  ENSURE  THAT  SUCH  STATEMENT  IS PROVIDED IN
ENGLISH, SPANISH AND ANY OTHER LANGUAGES SPOKEN BY TEN PERCENT  OR  MORE
OF THE WORKERS EMPLOYED BY THE CONTRACTOR OR SUB-CONTRACTORS. Such post-
ed  statement  shall be constructed of materials capable of withstanding
adverse weather conditions.  The  contractor  and  every  sub-contractor
shall notify all laborers, workers or mechanics in their employ in writ-

A. 7073                             3

ing  of the prevailing rate of wage for their particular job classifica-
tion. Such notification shall be  given  to  every  laborer,  worker  or
mechanic  on their first pay stub and with every pay stub thereafter. At
the  beginning  of  performance of every public works contract, and with
the first paycheck after July first of each  year,  the  contractor  and
every  sub-contractor  shall notify all laborers, workers, and mechanics
in their  employ  in  writing,  in  accordance  with  such  form  as  is
prescribed  by  the  fiscal officer, of the telephone number and address
for the fiscal officer. The notice shall also inform each laborer, work-
er, or mechanic of his or her right to contact  the  fiscal  officer  or
some  other  representative if, at any time while working for the public
works contractor or sub-contractor, he or she does not receive the prop-
er prevailing rate of wages or supplements for his or her particular job
classification that he or she is entitled to receive under the contract.
If after investigation the fiscal officer finds  that  a  contractor  or
sub-contractor  has  (1)  failed  to post any notice required under this
subdivision, (2) failed to set forth the  prevailing  wage  on  the  pay
stub, (3) wilfully posted the incorrect prevailing wage, or (4) wilfully
set  forth  the  incorrect  prevailing  wage on the pay stub, the fiscal
officer, shall by an order which shall describe particularly the  nature
of  the  alleged  violation,  assess  the contractor or sub-contractor a
civil penalty of not more than fifty dollars upon the first finding of a
violation, two hundred fifty  dollars  upon  the  second  finding  of  a
violation,  and  five  hundred dollars for each subsequent violation. In
assessing the amount of the penalty, the fiscal officer shall  give  due
consideration  to the size of the employer's business, the good faith of
the employer, and the gravity of the violation.
  S 5. Paragraph c of subdivision 3-a of section 220 of the  labor  law,
as  added  by  chapter  137  of  the laws of 1985, is amended to read as
follows:
  c. The fiscal officer may require any person or corporation performing
such public work to file with the fiscal  officer  within  ten  days  of
receipt of said request, payroll records, INCLUDING THE REPORTS REQUIRED
IN  SECTION  TWO  HUNDRED  TWENTY-TWO-B  OF THIS ARTICLE, sworn to as to
their validity and accuracy, requested by the fiscal officer,  for  said
public  work  or for any public or private work performed by said person
or corporation during the same period of time as said  public  work.  In
the  event  said  person  or  corporation fails to provide the requested
information within the allotted ten  days,  the  fiscal  officer  shall,
within fifteen days, order the department of jurisdiction to immediately
withhold  from  payment  to said person or corporation up to twenty-five
percent of the amount, not to  exceed  one  [hundred  thousand]  MILLION
dollars, to be paid to said person or corporation under the terms of the
contract  pursuant  to  which  said public work is being performed. Said
amount withheld shall  be  immediately  released  upon  receipt  by  the
department  of jurisdiction of a notice from the fiscal officer indicat-
ing that the request for records had been satisfied.
  S 6. Subparagraph 1 of paragraph b of subdivision 3 of  section  220-b
of  the  labor  law,  as  amended by chapter 241 of the laws of 2002, is
amended to read as follows:
  (1) When  two  final  determinations  have  been  rendered  against  a
contractor,  subcontractor, successor, or any substantially-owned affil-
iated 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

A. 7073                             4

per  centum  of the outstanding stock of the contractor or subcontractor
or any successor within any consecutive six-year period determining that
such contractor, subcontractor, successor,  or  any  substantially-owned
affiliated  entity  of the contractor or subcontractor, any of the part-
ners 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 knowingly participated in
the violation of this article has [wilfully] WILLFULLY failed to pay the
prevailing rate of wages or to provide supplements  in  accordance  with
this  article,  OR  HAS  ENGAGED IN A PATTERN OR PRACTICE OF CONTRACTING
WITH SUBCONTRACTORS WHO WILLFULLY FAIL TO PAY THE PREVAILING WAGE OR  TO
PROVIDE  SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE, whether such fail-
ures were concurrent or consecutive and whether or not such final deter-
minations concerning separate public work projects are  rendered  simul-
taneously,   such   contractor,   subcontractor,   successor,   or   any
substantially-owned affiliated entity of the contractor  or  subcontrac-
tor,  any  of the partners if the contractor or subcontractor is a part-
nership 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 knowingly 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 for a period of five years from the
second final determination, provided, however, that where any such final
determination involves the falsification of payroll records or the kick-
back of wages or supplements, the contractor, subcontractor,  successor,
or  any  substantially-owned  affiliated  entity  of  the  contractor or
subcontractor, any partner if the contractor or subcontractor is a part-
nership 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 knowingly participated in
the violation of this article shall be ineligible to submit a bid on  or
be awarded any public work contract with the state, any municipal corpo-
ration  or  public  body for a period of five years from the first final
determination.
  S 7. Section 220 of the labor law is amended by adding a new  subdivi-
sion 4-a to read as follows:
  4-A. 1. NO CONTRACTOR OR SUB-CONTRACTOR CAN ENGAGE A SUB-CONTRACTOR OR
ANY  PERSON  TO  PERFORM  THE  WHOLE  OR  ANY  PART OF A PUBLIC WORKS OR
IMPROVEMENT SUB-CONTRACT EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
  2. THE TERMS AND CONDITIONS OF SUCH AGREEMENT SHALL INCLUDE,  BUT  NOT
BE LIMITED TO:
  A. THE NAMES OF THE PARTIES;
  B.  THE  OFFICE  ADDRESSES  OF  THE PARTIES, WHICH SHALL NOT BE A POST
OFFICE BOX;
  C. IF THE SUB-CONTRACTOR IS NOT A CORPORATION, THE NAMES OF THE  INDI-
VIDUAL OWNERS OR PARTNERS AND THEIR HOME ADDRESSES;
  D. THE TAX IDENTIFICATION NUMBER OF THE SUB-CONTRACTOR;
  E. A DESCRIPTION OF THE GOODS, WORK OR SERVICES TO BE PROVIDED;
  F.  THE WORK LOCATION OR SITE WHERE THE GOODS, WORK OR SERVICES ARE TO
BE PROVIDED;
  G. THE PROJECTED SCHEDULE FOR DELIVERY OF GOODS OR COMPLETION OF  SUCH
WORK OR SERVICES;
  H. THE VALUE OF THE SUB-CONTRACT;
  I.  THE  PROJECTED NUMBER OF EMPLOYEES AND THEIR WORK CLASSIFICATIONS;
AND

A. 7073                             5

  J. AN AGREEMENT TO ABIDE BY AND COMPLY WITH ALL APPLICABLE  STATE  AND
FEDERAL LABOR LAWS, INCLUDING PREVAILING WAGE LAWS, POSTING REQUIREMENTS
AND  THE  REQUIREMENTS OF SECTION TWO HUNDRED TWENTY-TWO-B OF THIS ARTI-
CLE, WHERE APPLICABLE.
  S 8. Subdivisions 1, 2 and 6 of section 231 of the labor law, as added
by chapter 777 of the laws of 1971, are amended to read as follows:
  1.  Every contractor shall pay a service employee under a contract for
building service work a wage of not less than the prevailing wage in the
locality for the craft, trade or occupation  of  the  service  employee.
SUCH  WAGES SHALL BE ACCOMPANIED BY A WRITTEN RECEIPT OR STATEMENT, SUCH
AS A PAY STUB, DETAILING, AT A MINIMUM, THE HOURS  AND  DAYS  WORKED  BY
SUCH EMPLOYEE, THE JOB CLASSIFICATION AT WHICH THE EMPLOYEE IS EMPLOYED,
AND  THE  PREVAILING WAGE RATE AND THE SUPPLEMENT PAID TO SUCH EMPLOYEE,
INCLUDING SUMS WHICH ARE NOT PAID DIRECTLY TO THE EMPLOYEE AND WHICH ARE
EXPENDED FOR SUPPLEMENTS.
  2. The obligation of a contractor to pay prevailing supplements may be
discharged by furnishing any equivalent combinations of fringe  benefits
or  by  making equivalent or differential payments in cash PROVIDED SUCH
BENEFIT IS DISCLOSED ON AN ACCOMPANIED WRITTEN RECEIPT OR STATEMENT  AND
under rules and regulations established by the fiscal officer.
  6. (A) No later than the first day upon which work on said contract is
performed  by any employee, the contractor shall post in a prominent and
accessible place on the site of the work  a  legible  statement  of  the
wages  to  be  paid  to  the  [workmen] WORKERS employed thereon.   EACH
CONTRACTOR  OR  SUB-CONTRACTOR  SHALL  ENSURE  THAT  SUCH  STATEMENT  IS
PROVIDED  IN  ENGLISH,  SPANISH  AND  ANY  OTHER LANGUAGES SPOKEN BY TEN
PERCENT OR MORE OF THE WORKERS EMPLOYED BY THE  CONTRACTOR  OR  SUB-CON-
TRACTORS.  EVERY  CONTRACTOR  OR  SUB-CONTRACTOR  WHO FAILS TO POST SUCH
STATEMENT SHALL, FOR THE FIRST DAY OF A VIOLATION THEREOF, BE LIABLE FOR
A CIVIL PENALTY OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED
DOLLARS; AND FOR THE SECOND DAY OF SUCH VIOLATION  AND  EACH  SUBSEQUENT
DAY  THEREAFTER  UNTIL  SUCH POSTING IS DISPLAYED, BE LIABLE FOR A CIVIL
PENALTY THAT IS TWO TIMES THE AMOUNT OF THE PENALTY OF THE PREVIOUS DAY,
NOT TO EXCEED TEN THOUSAND DOLLARS PER DAY. WHERE THE FISCAL OFFICER  IS
THE COMMISSIONER, THE FINE SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT
IN  THE STATE TREASURY. WHERE THE FISCAL OFFICER IS THE CITY COMPTROLLER
OF A CITY WITH A POPULATION IN EXCESS OF ONE MILLION, THE PENALTY  SHALL
BE PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY.
  (B)  EVERY  CONTRACTOR OR SUB-CONTRACTOR SHALL MAINTAIN ON THE SITE OF
THE WORK, OR ON THE SITE WHERE WORKERS REPORT TO WORK, ORIGINAL  SIGN-IN
AND SIGN-OUT LOGS REFLECTING THE NAME, SOCIAL SECURITY NUMBER, THE ACTU-
AL  DATES  AND  TIMES OF WORK, INCLUDING ARRIVAL AND DEPARTURE TIMES, OF
ALL WORKERS EMPLOYED UNDER THE SERVICE CONTRACT, AND THE  CLASSIFICATION
IN  WHICH THEY WORKED DURING SUCH TIMES. SUCH RECORDS SHALL BE CERTIFIED
BY AN OFFICER OF THE CONTRACTOR OR SUB-CONTRACTOR AND SHALL  IMMEDIATELY
BE  PRODUCED  ON  THE SITE OF THE WORK, OR SUBMITTED WITHIN FIVE DAYS TO
THE FISCAL OFFICER UPON RECEIPT OF A REQUEST BY THE  FISCAL  OFFICER  TO
PRODUCE SUCH RECORDS. SUCH RECORDS SHALL BE MAINTAINED BY THE CONTRACTOR
OR  SUB-CONTRACTOR  FOR  THREE  YEARS  AFTER THE FINAL ACCEPTANCE OF THE
PROJECT. KNOWINGLY PROVIDING THE FISCAL OFFICER WITH FALSE RECORDS SHALL
BE A CLASS A MISDEMEANOR.
  S 9. Paragraph (c) of subdivision 1 of section 234 of the  labor  law,
as  added  by  chapter  777  of  the laws of 1971, is amended to read as
follows:
  (c) to examine the books, documents  and  records  pertaining  to  the
wages paid to, and the hours of work performed by, service employees AND

A. 7073                             6

TO REQUIRE THE IMMEDIATE PRODUCTION OF RECORDS REQUIRED TO BE MAINTAINED
PURSUANT  TO SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-THREE OF THIS
ARTICLE. IF A CONTRACTOR OR SUB-CONTRACTOR FAILS TO RESPOND  WITHIN  TEN
DAYS  TO  SUCH A REQUEST, THE FISCAL OFFICER SHALL, WITHIN FIFTEEN DAYS,
ORDER THE  DEPARTMENT  OF  JURISDICTION  TO  IMMEDIATELY  WITHHOLD  FROM
PAYMENT  TO  SAID PERSON OR CORPORATION UP TO TWENTY-FIVE PERCENT OF THE
AMOUNT, NOT TO EXCEED ONE MILLION DOLLARS, TO BE PAID TO SAID CONTRACTOR
UNDER THE TERMS OF THE SERVICE CONTRACT. SAID AMOUNT WITHHELD  SHALL  BE
IMMEDIATELY RELEASED UPON RECEIPT BY THE DEPARTMENT OF JURISDICTION OF A
NOTICE  FROM  THE FISCAL OFFICER INDICATING THAT THE REQUEST FOR RECORDS
HAD BEEN SATISFIED;
  S 10. Subdivision 7 of section 235 of the labor  law,  as  amended  by
chapter 547 of the laws of 1998, is amended to read as follows:
  7.  When, pursuant to the provisions of this section, two final orders
have been entered against a contractor, subcontractor, successor, or any
substantially-owned affiliated entity of the contractor  or  subcontrac-
tor,  any  of the partners if the contractor or subcontractor is a part-
nership, any of the five  largest  shareholders  of  the  contractor  or
subcontractor,  any officer of the contractor or subcontractor who know-
ingly participated in the violation of this article within  any  consec-
utive  six-year period determining that such contractor or subcontractor
and/or its  successor,  substantially-owned  affiliated  entity  of  the
contractor  or  subcontractor,  any  of  the partners or any of the five
largest shareholders of the contractor or subcontractor, any officer  of
the  contractor  or  subcontractor  who  knowingly  participated  in the
violation of this article has willfully failed  to  pay  the  prevailing
wages  in accordance with the provisions of this article, OR HAS ENGAGED
IN A PATTERN OR PRACTICE OF CONTRACTING WITH SUBCONTRACTORS WHO WILLFUL-
LY FAIL TO PAY THE PREVAILING WAGE OR TO PROVIDE SUPPLEMENTS IN  ACCORD-
ANCE WITH THIS ARTICLE, whether such failures were concurrent or consec-
utive  and  whether or not such final determinations concerning separate
public building service  contracts  are  rendered  simultaneously,  such
contractor, subcontractor, successor, and if the contractor, subcontrac-
tor,  successor,  or  any  substantially-owned  affiliated entity of the
contractor or subcontractor, any of the partners if  the  contractor  or
subcontractor  is a partnership, or any of the five largest shareholders
of the contractor or subcontractor, any officer  of  the  contractor  or
subcontractor  who knowingly participated in the violation of this arti-
cle, or any successor is a corporation, any officer of such  corporation
who  knowingly  participated  in  such  failure,  shall be ineligible to
submit a bid on or be awarded any public building  service  work  for  a
period of five years from the date of the second order, provided, howev-
er,  that  where  any  such  final  order  involves the falsification of
payroll records or the kickback of wages, the contractor, subcontractor,
successor, substantially-owned affiliated entity of  the  contractor  or
subcontractor, any partner if the contractor or subcontractor is a part-
nership  or  any  of  the five largest shareholders 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 building service contract or
subcontract with the state, any municipal corporation or public body for
a period of five years from the date of the first final  order.  Nothing
in this subdivision shall be construed as affecting any provision of any
other law or regulation relating to the awarding of public contracts.
  S  11.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.