|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to labor|
|Feb 12, 2013||referred to labor|
senate Bill S3714
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3714 - Details
S3714 - Summary
Defines lowest responsible bidder for purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a three year period preceding the award of a public works project in order to disqualify as the lowest responsible bidder on a public works contract those bidders who have violated certain federal or state labor laws; permits challenges to the determination of the lowest possible bidder.
S3714 - Sponsor Memo
BILL NUMBER:S3714 TITLE OF BILL: An act to amend the labor law and the general municipal law, in relation to the definition of lowest responsible bidder and unfair labor practices for purposes of public works projects PURPOSE: This would disqualify a bidder from being determined the lowest responsible bidder on a public work contract where it has violated certain federal or state labor laws. SUMMARY OF PROVISIONS: Section 1 would disqualify a bidder from being awarded a public work contract as the "lowest possible bidder" where it has been found to have committed either of the following within the preceding two years: (a) a violation of the prevailing wage laws under sections 220 and 231 of the NYS Labor Law, or (b) a violation of the health and safety provisions of the Federal Occupational and Safety Health Act or of section 27-a of NYS's labor law. Section 1 would also authorize a person, corporation or a labor union to challenge the proposed selection of the lowest respon- sible bidder by filing an application with the public entity awarding the contract. The commissioner or chief executive officer of the public entity would have to conduct a hearing and issue a written determination on the validity of the application. If the proposed bidder is disquali- fied, the contract would be awarded to the next lowest responsible bidder. Sections 2 and 3 would amend the general municipal law and the
S3714 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3714 2013-2014 Regular Sessions I N S E N A T E February 12, 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 the definition of lowest responsible bidder and unfair labor prac- tices for purposes of public works projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 201-g to read as follows: S 201-G. DETERMINATION OF LOWEST RESPONSIBLE BIDDER. 1. WHENEVER SELECTION OF THE LOWEST RESPONSIBLE BIDDER IS REQUIRED UNDER SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW, A PERSON, FIRM, CORPORATION, SUCCESSOR CORPORATION, CONTRACTOR OR SUBCONTRACTOR SHALL NOT QUALIFY AS A RESPONSIBLE BIDDER IF IT HAS COMMITTED ANY OF THE FOLLOWING VIOLATIONS WITHIN A THREE YEAR PERIOD PRECEDING THE AWARD OF THE CONTRACT: (A) A VIOLATION OF ANY PROVISION OF ARTICLE EIGHT OF THIS CHAPTER; (B) A VIOLATION OF ANY STATE OR FEDERAL LABOR LAW INCLUDING BUT NOT LIMITED TO OCCUPATIONAL SAFETY AND HEALTH; WAGES; CHILD LABOR; WORKERS' COMPENSATION; UNEMPLOYMENT COMPENSATION; ORGANIZATIONAL RIGHTS; AND LABOR STANDARDS; (C) A VIOLATION OF ANY STATE OR FEDERAL LAW RELATING TO BID COLLUSION OR RESTRAINT OF TRADE; (D) A VIOLATION OF ANY STATE OR FEDERAL ENVIRONMENTAL LAW; (E) A CRIMINAL CONVICTION OF ANY STATE OR FEDERAL LAW FOR ANY CONDUCT RELATING TO BIDDING OR CONSTRUCTION-RELATED WORK BY THE BIDDER; (F) AN OUTSTANDING DISQUALIFICATION FROM BIDDING ON ANY PUBLIC WORK CONTRACT; OR (G) A VIOLATION OF ANY STATE OR FEDERAL CIVIL RIGHTS, EMPLOYMENT DISA- BILITY OR MINORITY PREFERENCE LAW. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT DIMIN- ISH THE DISCRETION OF THE AWARDING AUTHORITY TO DISQUALIFY A BIDDER ON EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08676-01-3
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