senate Bill S77

2013-2014 Legislative Session

Makes contractors ineligible to bid for a public work contract if prevailing rate wages and supplements due from all prior public work contracts remain unpaid

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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to infrastructure and capital investment
Feb 01, 2013 committee discharged and committed to infrastructure and capital investment
Jan 09, 2013 referred to labor

S77 - Details

See Assembly Version of this Bill:
A3814
Law Section:
Labor Law
Laws Affected:
Amd ยง220-b, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S730
2009-2010: S3398

S77 - Summary

Makes contractors ineligible to bid for a public work contract if prevailing rate wages and supplements due from all prior public work contracts remain unpaid.

S77 - Sponsor Memo

S77 - Bill Text download pdf

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

                                   77

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to making contractors  ineli-
  gible  to  bid for a public work contract if prevailing rate wages and
  supplements due from a prior public work contract remain unpaid

  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 1-a to read as follows:
  (1-A) WHEN A FINAL DETERMINATION HAS BEEN RENDERED AGAINST A  CONTRAC-
TOR,  SUBCONTRACTOR,  SUCCESSOR,  OR  ANY SUBSTANTIALLY-OWNED AFFILIATED
ENTITY OF THE CONTRACTOR OR SUBCONTRACTOR, ANY OF THE  PARTNERS  IF  THE
CONTRACTOR  OR  SUBCONTRACTOR  IS  A  PARTNERSHIP,  ANY  OFFICER  OF THE
CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN THE  VIOLATION
OF THIS ARTICLE, ANY OF THE SHAREHOLDERS WHO OWN OR CONTROL AT LEAST TEN
PER  CENTUM  OF THE OUTSTANDING STOCK OF THE CONTRACTOR OR SUBCONTRACTOR
OR ANY SUCCESSOR HAS WILFULLY FAILED TO PAY THE PREVAILING RATE OF WAGES
OR TO PROVIDE SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE, WHETHER  SUCH
FAILURES WERE CONCURRENT OR CONSECUTIVE, SUCH CONTRACTOR, SUBCONTRACTOR,
SUCCESSOR,  OR ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE CONTRAC-
TOR OR SUBCONTRACTOR, ANY OF THE PARTNERS IF THE CONTRACTOR  OR  SUBCON-
TRACTOR  IS  A PARTNERSHIP OR ANY OF THE SHAREHOLDERS WHO OWN OR CONTROL
AT LEAST TEN PER CENTUM OF THE OUTSTANDING STOCK OF  THE  CONTRACTOR  OR
SUBCONTRACTOR,  ANY OFFICER OF THE CONTRACTOR OR SUBCONTRACTOR WHO KNOW-
INGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE SHALL BE  INELIGIBLE
TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT
WITH  THE  STATE,  ANY  MUNICIPAL  CORPORATION OR PUBLIC BODY UNLESS AND
UNTIL ALL PREVAILING RATES OF WAGES AND SUPPLEMENTS DUE FROM  ALL  PRIOR
PUBLIC WORK CONTRACTS HAVE BEEN PAID.
  S 2. This act shall take effect immediately.

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

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