senate Bill S3361

2013-2014 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 - Passed Senate


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to labor
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1237
committee discharged and committed to rules
Jan 08, 2014 referred to labor
returned to senate
died in assembly
Jun 24, 2013 referred to labor
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1602
committee discharged and committed to rules
Feb 01, 2013 referred to labor

S3361 - Details

See Assembly Version of this Bill:
A7800
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§220 & 220-b, Lab L; amd §103, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4018A
2009-2010: S4309

S3361 - 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.

S3361 - Sponsor Memo

S3361 - Bill Text download pdf

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

                                  3361

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 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
SHALL BE AFFORDED THE OPPORTUNITY TO BE HEARD BY THE  DEPARTMENT  WITHIN
THIRTY CALENDAR DAYS OF THE DEPARTMENT'S WRITTEN NOTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08400-01-3

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