Assembly Bill A8813

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

                                  8813

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2009
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to ineligibility  to  bid  on
  public works contracts for violations in other jurisdictions

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

  Section 1. 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 OR ANY PROVISION OF LAW OF ANY OTHER JURISDICTION WHICH
INCLUDES ALL THE ESSENTIAL ELEMENTS OF A 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
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 partners or  any  of  the
shareholders who own or control at least ten per centum of the outstand-
ing  stock  of  the  contractor  or  subcontractor,  any  officer of the
contractor or subcontractor who knowingly participated in the  violation
of  this article has wilfully failed to pay the prevailing rate of wages
or to provide supplements in accordance with this article OR IN  ACCORD-
ANCE  WITH THE PROVISIONS OF LAW OF ANY OTHER JURISDICTION WHICH INCLUDE
ALL THE ESSENTIAL ELEMENTS OF SUCH FAILURE TO PAY WAGES OR  SUPPLEMENTS,
whether  such failures were concurrent or consecutive and whether or not
such final determinations concerning separate public work  projects  are
rendered  simultaneously,  such contractor, subcontractor, successor, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14263-02-9
              

A. 8813                             2

any substantially-owned affiliated entity of the contractor  or  subcon-
tractor,  any  of  the  partners if the contractor or subcontractor 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  knowingly  partic-
ipated  in  the violation of this article OR ANY PROVISION OF LAW OF ANY
OTHER JURISDICTION WHICH INCLUDES ALL THE ESSENTIAL ELEMENTS OF  SUCH  A
VIOLATION  shall  be  ineligible  to  submit  a bid on or be awarded any
public work contract or subcontract with the state, any municipal corpo-
ration or public body for a period of five years from the  second  final
determination,  provided,  however,  that  where any such final determi-
nation involves the falsification of payroll records or the kickback  of
wages  or  supplements, the contractor, subcontractor, successor, or any
substantially-owned affiliated entity of the contractor  or  subcontrac-
tor,  any partner if the contractor or subcontractor 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  knowingly  participated  in the
violation of this article OR ANY PROVISION OF LAW OF ANY OTHER JURISDIC-
TION WHICH INCLUDES ALL THE ESSENTIAL ELEMENTS OF SUCH A VIOLATION shall
be ineligible to submit a bid on or be awarded any public work  contract
with the state, any municipal corporation or public body for a period of
five years from the first final determination.
  S  2.  Subparagraph 2 of paragraph b of subdivision 3 of section 220-b
of the labor law is amended by adding a  new  clause  (vi)  to  read  as
follows:
  (VI) ANY PROVISION OF LAW OF ANY OTHER JURISDICTION WHICH INCLUDES ALL
OF  THE  ESSENTIAL  ELEMENTS  OF  ANY  VIOLATION OR FELONY ENUMERATED IN
CLAUSE (I), (II), (III), (IV) OR (V) OF THIS SUBPARAGRAPH;
  S 3. This act shall take effect immediately.