assembly Bill A6695

2015-2016 Legislative Session

Relates to fairness in competitive bidding

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to labor
Mar 30, 2015 referred to labor

A6695 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §399-ggg, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A4688
2011-2012: A3258
2009-2010: A3522

A6695 - Summary

Creates a right of action in favor of a contractor whose bid is denied against the winning bidder where such winning bidder knowingly misclassified one or more of its employees as independent contractors to avoid paying workers' compensation premiums on such employee; provides for payment of damages by the winning bidder.

A6695 - Bill Text download pdf

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

                                  6695

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by  M.  of  A. PERRY -- Multi-Sponsored by -- M. of A. COOK,
  GOTTFRIED, RIVERA, ROBINSON -- read once and referred to the Committee
  on Labor

AN ACT to amend the general business law, in  relation  to  a  right  of
  action for violation of statutes in bids on construction projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ggg to read as follows:
  S 399-GGG.  FAIRNESS IN COMPETITIVE BIDDING. 1.  FOR  THE  PURPOSE  OF
THIS SECTION:
  (A) THE TERM "PERSON" SHALL INCLUDE ANY INDIVIDUAL, FIRM, ASSOCIATION,
PARTNERSHIP OR CORPORATION.
  (B)  THE TERM "CONSTRUCTION PROJECT" SHALL INCLUDE ANY PROJECT INVOLV-
ING  THE  CONSTRUCTION,  MODERNIZATION,   IMPROVEMENT,   REHABILITATION,
REPAIR,  MAINTENANCE,  REPLACEMENT  OR RENOVATION OF A BUILDING, ROAD OR
STRUCTURE, OR ANY PORTION OF SUCH A  PROJECT  PERFORMED  PURSUANT  TO  A
SUBCONTRACTING ARRANGEMENT.
  2. (A) ANY PERSON WHOSE COMPETITIVE BID FOR A CONSTRUCTION PROJECT HAS
BEEN  REJECTED AND INSTEAD AWARDED TO ANOTHER PERSON MAY BRING AN ACTION
FOR DAMAGES IN A COURT OF COMPETENT  JURISDICTION  AGAINST  THE  WINNING
BIDDER  IF THE WINNING BIDDER HAS VIOLATED THE LABOR LAW OR THE WORKERS'
COMPENSATION LAW BY FAILING TO PAY REQUIRED TAXES  OR  SECURE  INSURANCE
PURSUANT  TO  SUCH  LAWS  FOR ANY REASON INCLUDING MISCLASSIFYING ONE OR
MORE OF ITS WORKERS OTHER THAN AN EMPLOYEE IN ITS BID COST.
  (B) THE DETERMINATION WHETHER A WORKER ON A  CONSTRUCTION  PROJECT  IS
PROPERLY  CLASSIFIED  AS  AN  EMPLOYEE  SHALL BE MADE IN ACCORDANCE WITH
APPLICABLE STATE LAW.
  3. (A) A PARTY UNSUCCESSFULLY BIDDING ON A CONSTRUCTION  PROJECT  WILL
BE  DEEMED  TO  HAVE  SUFFERED  AN  INJURY  BY VIRTUE OF NOT HAVING BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03284-02-5

assembly Bill A6694

2015-2016 Legislative Session

Limits liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to labor
Mar 30, 2015 referred to labor

A6694 - Details

Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §10, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A4786
2011-2012: A9143

A6694 - Summary

Limits liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies.

A6694 - Bill Text download pdf

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

                                  6694

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Labor

AN ACT to amend the workers' compensation law, in relation  to  limiting
  liability  for  compensation  in  cases  when  the claim is made by an
  employee who sustained his or her  injury  during  the  commission  of
  certain felonies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 10 of  the  workers'  compensation
law, as amended by chapter 924 of the laws of 1990, is amended and a new
subdivision 5 is added to read as follows:
  1.  Every  employer  subject  to this chapter shall in accordance with
this chapter, except as  otherwise  provided  in  section  twenty-five-a
[hereof]  OF  THIS ARTICLE, secure compensation to his employees and pay
or provide compensation for their disability or death from injury  aris-
ing  out  of and in the course of the employment without regard to fault
as a cause of the injury, except that there shall be  no  liability  for
compensation  under  this  chapter when the injury has been solely occa-
sioned by intoxication from alcohol or a  controlled  substance  of  the
injured  employee  while  on duty; or by wilful intention of the injured
employee to bring about the injury or death of himself or another; OR BY
THE COMMISSION OF AN OFFENSE  SPECIFIED  IN  SUBDIVISION  FIVE  OF  THIS
SECTION;  or  where  the  injury was sustained in or caused by voluntary
participation in an off-duty athletic activity not constituting part  of
the  employee's work related duties unless the employer (a) requires the
employee to participate in such activity, (b) compensates  the  employee
for  participating in such activity or (c) otherwise sponsors the activ-
ity.
  5. THERE SHALL BE NO LIABILITY FOR  COMPENSATION  UNDER  THIS  CHAPTER
WHEN THE INJURY HAS BEEN SOLELY OCCASIONED THROUGH THE COMMISSION BY THE
INJURED EMPLOYEE OF AN OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03302-01-5