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.