senate Bill S4018A

2011-2012 Legislative Session

Ensures consistency with the federal Davis Bacon Act for calculation of payments for supplements and reciprocity of debarments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Oct 19, 2011 print number 4018a
amend (t) and recommit to labor
Mar 14, 2011 referred to labor

Co-Sponsors

S4018 - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§220 & 220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S4309

S4018 - Summary

Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the US department of labor under the Davis-Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.

S4018 - Sponsor Memo

S4018 - Bill Text download pdf

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

                                  4018

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced by Sens. DeFRANCISCO, SEWARD -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to directing the commissioner
  of  labor  to calculate proper payment of supplements by an annualiza-
  tion methodology

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

  Section  1.  Section  220  of the labor law is amended by adding a new
subdivision 3-f to read as follows:
  3-F. IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS  DEFINED
IN  THIS  ARTICLE,  AS A DISPROPORTIONATE OR EXCLUSIVE SOURCE OF FUNDING
FOR BENEFITS THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART  OF  THE
REGULAR  COMPENSATION  FOR  ALL EMPLOYEE WORK WHETHER PUBLIC OR PRIVATE,
THE COMMISSIONER SHALL DIRECT THAT THE  PROPER  PAYMENT  OF  SUPPLEMENTS
SHALL  BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY UTILIZED
BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
BACON ACT OF 1931, AS AMENDED, 40 USC. S 276(A)-276-A-7.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to all contracts  and  agree-
ments  entered  into  on and after such date. Effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05141-01-1

Co-Sponsors

S4018A (ACTIVE) - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§220 & 220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S4309

S4018A (ACTIVE) - Summary

Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the US department of labor under the Davis-Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.

S4018A (ACTIVE) - Sponsor Memo

S4018A (ACTIVE) - Bill Text download pdf

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

                                 4018--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, RANZENHOFER, SEWARD -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Labor  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor law and the general municipal law, in relation
  to ensuring consistency with the federal Davis Bacon  Act  for  calcu-
  lation of payments for supplements and reciprocity of debarments

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

  Section 1. Section 220 of the labor law is amended  by  adding  a  new
subdivision 3-f to read as follows:
  3-F.  IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS DEFINED
IN THIS ARTICLE, AS A DISPROPORTIONATE OR EXCLUSIVE  SOURCE  OF  FUNDING
FOR  BENEFITS  THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART OF THE
REGULAR COMPENSATION FOR ALL EMPLOYEE WORK WHETHER  PUBLIC  OR  PRIVATE,
THE  COMMISSIONER  SHALL  DIRECT  THAT THE PROPER PAYMENT OF SUPPLEMENTS
SHALL BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY  UTILIZED
BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
BACON ACT OF 1931, AS AMENDED, 40 USC. S 276(A)-276-A-7.
  S 2. Paragraph b of subdivision 3 of section 220-b of the labor law is
amended by adding a new subparagraph 3 to read as follows:
  (3) WHEN ANY CONTRACTOR OR SUBCONTRACTOR IS DEBARRED FOR VIOLATIONS OF
THE  DAVIS BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 C.F.R. 5.12, SUCH
CONTRACTOR OR SUBCONTRACTOR, AND ANY FIRM, CORPORATION,  PARTNERSHIP  OR
ASSOCIATION  IN  WHICH  THE  PERSON  OR ENTITY OWNS OR CONTROLS AT LEAST
FIFTY-ONE PER CENTUM, SHALL BE INELIGIBLE TO BE AWARDED ANY PUBLIC WORKS
CONTRACT WITH THE  STATE,  ANY  MUNICIPAL  CORPORATION,  PUBLIC  BENEFIT
CORPORATION  OR  PUBLIC  BODY  FOR  A PERIOD NOT TO EXCEED THE PERIOD OF
DEBARMENT DETERMINED OR DECIDED PURSUANT TO  SUCH  ACT.  THE  DEPARTMENT
SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OR ENTITY IMMEDIATELY OF SUCH
INELIGIBILITY  PURSUANT  TO  THIS SUBPARAGRAPH AND SUCH PERSON OR ENTITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05141-02-1

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