|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 09, 2013||referred to consumer protection|
senate Bill S1717
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1717 - Details
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
BILL NUMBER:S1717 TITLE OF BILL: An act to amend the general business law, in relation to promoting fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects PURPOSE OR GENERAL IDEA OF BILL: This bill promotes fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 399-J. It defines "person" to include individual, organization, school district, corporation, partnership or other business entity; and "construction project" to 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. The section allows any Person to bring a civil action for the recovery
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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