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Assembly Bill A7401B

2011-2012 Legislative Session

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act

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Archive: Last Bill Status - In Senate Committee Labor Committee

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Bill Amendments

co-Sponsors

2011-A7401 - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L

2011-A7401 - Summary

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.

2011-A7401 - Bill Text download pdf 

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

                                  7401

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

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

AN ACT to amend the labor law and the general municipal law, in relation
  to reciprocity of debarments imposed under the federal Davis-Bacon Act

  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 a new subparagraph 3 to read as follows:
  (3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
GATIONS  TO  EMPLOYEES  UNDER  THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.
3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY,  AND  ANY  FIRM,  CORPO-
RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR
CONTROLS AT LEAST TEN PER CENTUM, SHALL BE 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
THREE  YEARS  FROM THE DATE ON WHICH THE NAME OF THE PERSON OR ENTITY IS
PUBLISHED IN THE LIST OF DEBARRED  CONTRACTORS  PURSUANT  TO  40  U.S.C.
3144.  THE  DEPARTMENT  WILL  NOTIFY THE PERSON OR ENTITY IMMEDIATELY OF
SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY MUST BE AFFORDED THE OPPOR-
TUNITY TO APPEAL TO THE DEPARTMENT.
  S 2. Section 103 of the general municipal law is amended by  adding  a
new subdivision 1-b to read as follows:
  1-B.  IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD
OR AGENCY OF ANY  POLITICAL  SUBDIVISION  OR  OF  ANY  DISTRICT  THEREIN
CHARGED  WITH  AWARDING  OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE
BIDDER, OR A PERSON OR ENTITY WITH AN  INTEREST  OF  AT  LEAST  TEN  PER
CENTUM  IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS TO
EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.  3144  AND  29
C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10848-01-1

co-Sponsors

2011-A7401A - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L

2011-A7401A - Summary

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.

2011-A7401A - Bill Text download pdf 

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

                                 7401--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. ABBATE, COLTON -- read once and referred to the
  Committee on Labor -- recommitted to the Committee on Labor in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the labor law and the general municipal law, in relation
  to reciprocity of debarments imposed under the federal Davis-Bacon Act

  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 a new subparagraph 3 to read as follows:
  (3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
GATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT  PURSUANT  TO  40  U.S.C.
3144  AND  29  C.F.R.  5.12, SUCH PERSON OR ENTITY, AND ANY FIRM, CORPO-
RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR
CONTROLS AT LEAST TEN PER CENTUM, SHALL BE 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
THREE YEARS FROM THE DATE ON WHICH THE NAME OF THE PERSON OR  ENTITY  IS
PUBLISHED  IN  THE  LIST  OF  DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C.
3144. THE DEPARTMENT WILL NOTIFY THE PERSON  OR  ENTITY  IMMEDIATELY  OF
SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY MUST BE AFFORDED THE OPPOR-
TUNITY TO APPEAL TO THE DEPARTMENT.
  S  2.  Section 103 of the general municipal law is amended by adding a
new subdivision 1-c to read as follows:
  1-C. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER,  BOARD
OR  AGENCY  OF  ANY  POLITICAL  SUBDIVISION  OR  OF ANY DISTRICT THEREIN
CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER  OR  NOT  THE
BIDDER,  OR  A  PERSON  OR  ENTITY  WITH AN INTEREST OF AT LEAST TEN PER
CENTUM IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS  TO
EMPLOYEES  UNDER  THE  DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29
C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2011-A7401B (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L

2011-A7401B (ACTIVE) - Summary

Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.

2011-A7401B (ACTIVE) - Bill Text download pdf 

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

                                 7401--B
                                                        Cal. No. 407

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. ABBATE, COLTON -- read once and referred to the
  Committee on Labor -- recommitted to the Committee on Labor in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- advanced to a third reading,  amended  and  ordered  reprinted,
  retaining its place on the order of third reading

AN ACT to amend the labor law and the general municipal law, in relation
  to reciprocity of debarments imposed under the federal Davis-Bacon Act

  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 a new subparagraph 3 to read as follows:
  (3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
GATIONS  TO  EMPLOYEES  UNDER  THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.
3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY,  AND  ANY  FIRM,  CORPO-
RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR
CONTROLS AT LEAST TEN PER CENTUM, SHALL BE 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 WHILE THE NAME OF
THE PERSON OR ENTITY IS PUBLISHED IN THE LIST  OF  DEBARRED  CONTRACTORS
PURSUANT  TO  40  U.S.C.  3144. THE DEPARTMENT WILL NOTIFY THE PERSON OR
ENTITY IMMEDIATELY OF SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY  MUST
BE AFFORDED THE OPPORTUNITY TO APPEAL TO THE DEPARTMENT.
  S  2.  Section 103 of the general municipal law is amended by adding a
new subdivision 1-c to read as follows:
  1-C. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER,  BOARD
OR  AGENCY  OF  ANY  POLITICAL  SUBDIVISION  OR  OF ANY DISTRICT THEREIN
CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER  OR  NOT  THE
BIDDER,  OR  A  PERSON  OR  ENTITY  WITH AN INTEREST OF AT LEAST TEN PER
CENTUM IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS  TO
EMPLOYEES  UNDER  THE  DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29
C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
  S 3. This act shall take effect immediately.

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