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

                                  5198

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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
              

S. 5198                             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.