S T A T E O F N E W Y O R K
________________________________________________________________________
6790
2017-2018 Regular Sessions
I N S E N A T E
June 18, 2017
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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; and relating to a work group to study and make recommendations to
the legislature regarding the appropriate payment of supplements to
construction workers; and providing for the repeal of certain
provisions of such laws relating thereto
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)(I) WHEN ANY CONTRACTOR OR SUBCONTRACTOR 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, SUCH CONTRACTOR OR SUBCONTRACTOR,
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 CONTRACTOR OR SUBCONTRACTOR IS DETERMINED TO BE INELIGIBLE
PURSUANT TO THIS SUBPARAGRAPH BECAUSE IT IS CONSIDERED A "SUBSTANTIALLY
OWNED-AFFILIATED ENTITY," SUCH CONTRACTOR OR SUBCONTRACTOR SHALL BE
PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT WITHIN SEVEN DAYS AND
SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL THE INELIGIBILITY DETERMI-
NATION TO THE DEPARTMENT WITHIN THIRTY CALENDAR DAYS OF THE WRITTEN
NOTICE. IN ORDER FOR A SUBSTANTIALLY-OWNED AFFILIATED ENTITY TO BE
DEBARRED PURSUANT TO THIS SUBPARAGRAPH, SUCH SUBSTANTIALLY-OWNED AFFIL-
IATED ENTITY MUST HAVE SUBSTANTIAL INVOLVEMENT IN THE DAY TO DAY MANAGE-
MENT OF THE CONTRACTOR OR SUBCONTRACTOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13260-01-7
S. 6790 2
(II) ANY ELIGIBILITY DETERMINATION MADE PURSUANT TO THIS SUBPARAGRAPH
SHALL BE SUBJECT TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.
§ 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
PURSUANT TO 40 U.S.C. 3144, THE COPELAND ACT PURSUANT TO 18 U.S.C. 874
AND 40 U.S.C. 3145 OR THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
PURSUANT TO 40 U.S.C. 332.
§ 3. The governor shall convene a work group to study and make recom-
mendations to the legislature regarding the appropriate payment of
supplements to construction workers and employing the annualization
methodology utilized by the United States department of labor in calcu-
lations under the Davis-Bacon Act of 1931, as amended 40 U.S.C. §
276(a). The work group shall be comprised of nine members: one
appointed by the governor, one appointed by the temporary president of
the senate, one appointed by the speaker of the assembly, one appointed
by the commissioner of labor, one appointed by the comptroller, two
representatives of labor organizations appointed by the governor, and
two representatives of contractor associations appointed by the gover-
nor. Any appointing authority's failure to make an appointment pursuant
to this section shall not preclude the work group from meeting or issu-
ing recommendations. The work group shall issue recommendations to the
governor, the temporary president of the senate and the speaker of the
assembly within one hundred eighty days of the effective date of this
chapter.
§ 4. This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on the ninetieth day
after it shall have become a law and shall apply to all public works
bids and contracts solicited on or after such effective date and shall
expire and be deemed repealed three years from such effective date;
provided, that any contractor or subcontractor who is ineligible to
submit a bid on any public work contract pursuant to this act shall
remain ineligible as long as the name of the person or entity is
published in the list of debarred contractors pursuant to 40 U.S.C. 3144
notwithstanding such repeal of this act; provided, further however, this
act shall not apply retroactively to previously issued or existing
public works contracts, with the state, any municipal corporation,
public benefit corporation or public body.
