Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 25, 2018 |
print number 2974a |
Jan 25, 2018 |
amend and recommit to labor |
Jan 03, 2018 |
referred to labor |
Jun 21, 2017 |
committed to rules |
May 03, 2017 |
advanced to third reading |
May 02, 2017 |
2nd report cal. |
May 01, 2017 |
1st report cal.669 |
Jan 18, 2017 |
referred to labor |
Senate Bill S2974A
2017-2018 Legislative Session
Sponsored By
(R, C, G, IP, SC) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP, RFM) Senate District
(D) Senate District
(R, C, IP) Senate District
(R) Senate District
2017-S2974 - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §220-b, Lab L; amd §103, Gen Muni L
- Versions Introduced in 2015-2016 Legislative Session:
-
S3995
2017-S2974 - Sponsor Memo
BILL NUMBER: S2974 TITLE OF BILL : 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 PURPOSE : The purpose of the bill is to ensure that those contractors who are debarred on the federal level under the Davis-Bacon Act for wage payment violations, are unable to bid on state public work contracts; this legislation would close a loophole in the existing law. Under the current law, contractors who have been debarred from federal job sites are considered on equal footing with law-abiding contractors. This bill would remedy this gross inequity by granting reciprocity to debarments imposed by the federal government on contractors who have violated the Davis-Bacon Act. New York courts have long settled that the right to bid on a public work contract is not a property right. This privilege to bid must be subject to restrictions, one of which should be the ability of the bidder to comply with certain prevailing wage provisions. SUMMARY OF PROVISIONS : Section 1 of the bill amends § 220-b of the Labor law so that any contractor who has been debarred from federal job sites for having
2017-S2974 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2974 2017-2018 Regular Sessions I N S E N A T E January 18, 2017 ___________ Introduced by Sens. MURPHY, BOYLE, FUNKE, MARCHIONE, ORTT, ROBACH -- 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 "SUBSTANTIALLY OWNED-AFFILIATED ENTITY" AS DEFINED BY PARAGRAPH G OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THIS ARTICLE, 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. WHERE A PERSON OR ENTI- TY IS DETERMINED TO BE INELIGIBLE PURSUANT TO THIS SUBPARAGRAPH BECAUSE IT IS CONSIDERED A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY," SUCH PERSON OR ENTITY SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT AND SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL THE INELIGIBILITY DETERMI- NATION TO THE DEPARTMENT. § 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 ANY "SUBSTANTIALLY OWNED-AFFILIATED ENTITY" AS DEFINED BY PARAGRAPH G OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, HAS BEEN FOUND TO BE IN VIOLATION OF THE DAVIS-BACON ACT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(R, C, IP, RFM) Senate District
(D) Senate District
(R, C, IP) Senate District
(R) Senate District
2017-S2974A (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §220-b, Lab L; amd §103, Gen Muni L
- Versions Introduced in 2015-2016 Legislative Session:
-
S3995
2017-S2974A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2974A Revised 02/27/18 SPONSOR: MURPHY TITLE OF BILL: 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 PURPOSE: The purpose of the bill is to ensure that those contractors who are debarred on the federal level under the Davis-Bacon Act for wage payment violations, are unable to bid on state public work contracts; this legislation would close a loophole in the existing law. Under the current law, contractors who have been debarred from federal job sites are considered on equal footing with law-abiding contractors. This bill would remedy this gross inequity by granting reciprocity to debarments imposed by the federal government on contractors who have violated the Davis-Bacon Act. New York courts have long settled that the right to bid on a public work contract is not a property right. This privilege to bid must be subject to restrictions, one of which should be the ability of the bidder to comply with certain prevailing wage provisions.
2017-S2974A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2974--A 2017-2018 Regular Sessions I N S E N A T E January 18, 2017 ___________ Introduced by Sens. MURPHY, AKSHAR, ALCANTARA, BONACIC, BOYLE, CARLUCCI, FUNKE, GALLIVAN, KENNEDY, MARCHIONE, ORTT, RITCHIE, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 4 to read as follows: (4) 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 "SUBSTANTIALLY OWNED-AFFILIATED ENTITY" AS DEFINED BY PARAGRAPH G OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THIS ARTICLE, 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. WHERE A PERSON OR ENTI- TY IS DETERMINED TO BE INELIGIBLE PURSUANT TO THIS SUBPARAGRAPH BECAUSE IT IS CONSIDERED A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY," SUCH PERSON OR ENTITY SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT AND SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL THE INELIGIBILITY DETERMI- NATION TO THE DEPARTMENT. § 2. Section 103 of the general municipal law is amended by adding a new subdivision 1-d to read as follows: 1-D. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.