senate Bill S2860

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jun 21, 2013 committed to rules
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.659
Jan 24, 2013 referred to labor

Votes

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May 21, 2013 - Labor committee Vote

S2860
11
2
committee
11
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: May 21, 2013

Co-Sponsors

S2860 - Details

See Assembly Version of this Bill:
A3987
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S5659C

S2860 - 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.

S2860 - Sponsor Memo

S2860 - Bill Text download pdf

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

                                  2860

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

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 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 and shall apply prospec-
tively to all public  work  bids  and  contracts.  It  shall  not  apply
retroactively  to  previously  issued  or existing public work contracts
with the state, any municipal corporation,  public  benefit  company  or
public body.

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

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