senate Bill S1717

2013-2014 Legislative Session

Promotes fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

Co-Sponsors

S1717 - Details

Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2967
2009-2010: S4937

S1717 - Summary

Promotes fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects; permits any person to bring a civil action for the recovery of damages against the winning bidder if the winning bidder has violated the labor law by failing to pay the prevailing wage on a construction project; authorizes attorney general enforcement and a private right of action; makes related provisions.

S1717 - Sponsor Memo

S1717 - Bill Text download pdf

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

                                  1717

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to promoting fair-
  ness in competitive bidding by providing for enforcement of prevailing
  wage provisions applicable to public work construction projects

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. FAIRNESS IN COMPETITIVE BIDDING. 1. FOR THE PURPOSES OF  THIS
SECTION:  (A)  THE TERM "PERSON" SHALL INCLUDE ANY INDIVIDUAL, ORGANIZA-
TION, ASSOCIATION, SCHOOL DISTRICT, LOCAL GOVERNMENT, CORPORATION, PART-
NERSHIP, LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY; AND
  (B) THE TERM "CONSTRUCTION PROJECT" SHALL INCLUDE ANY PROJECT WHICH IS
SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR  LAW  AND  WHICH
INVOLVES  THE  CONSTRUCTION, MODERNIZATION, IMPROVEMENT, REHABILITATION,
REPAIR, MAINTENANCE, REPLACEMENT OR RENOVATION OF A  BUILDING,  ROAD  OR
STRUCTURE,  OR  ANY  PORTION  OF  SUCH A PROJECT PERFORMED PURSUANT TO A
SUBCONTRACTING ARRANGEMENT.
  2. (A) ANY PERSON MAY BRING A CIVIL ACTION FOR THE RECOVERY OF DAMAGES
AGAINST THE WINNING BIDDER IF THE WINNING BIDDER HAS VIOLATED THE  LABOR
LAW  BY  FAILING  TO  PAY THE PREVAILING WAGE ON A CONSTRUCTION PROJECT.
SUCH AN ACTION MAY BE MAINTAINED  SOLELY  BY  THE  PERSON  BRINGING  THE
ACTION,  OR  BY  SUCH PERSON, TOGETHER WITH THE ATTORNEY GENERAL. IF THE
WINNING BIDDER IS FOUND NOT  TO  BE  PAYING  THE  PREVAILING  WAGE,  THE
PRESUMPTIVE  MEASURE  OF  DAMAGES  IS  THE VALUE OF THE CONTRACT FOR THE
CONSTRUCTION PROJECT.
  (B) A COPY OF THE COMPLAINT AND WRITTEN  DISCLOSURE  OF  SUBSTANTIALLY
ALL MATERIAL EVIDENCE AND INFORMATION THAT THE PERSON POSSESSES SHALL BE
SERVED ON THE OFFICE OF THE ATTORNEY GENERAL PURSUANT TO THE CIVIL PRAC-

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

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