Bill Text: NY A02539 | 2015-2016 | General Assembly | Introduced
Bill Title: Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the U.S. department of labor under the Davis Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-06-09 - enacting clause stricken [A02539 Detail]
Download: New_York-2015-A02539-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2539
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
___________
Introduced by M. of A. BRINDISI, ORTIZ -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law and the general municipal law, in relation
to ensuring consistency with the federal Davis Bacon Act for calcu-
lation of payments for supplements and reciprocity of debarments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 220 of the labor law is amended by adding a new
2 subdivision 3-f to read as follows:
3 3-F. IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS DEFINED
4 IN THIS ARTICLE, AS A DISPROPORTIONATE OR EXCLUSIVE SOURCE OF FUNDING
5 FOR BENEFITS THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART OF THE
6 REGULAR COMPENSATION FOR ALL EMPLOYEE WORK WHETHER PUBLIC OR PRIVATE,
7 THE COMMISSIONER SHALL DIRECT THAT THE PROPER PAYMENT OF SUPPLEMENTS
8 SHALL BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY UTILIZED
9 BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
10 BACON ACT OF 1931, AS AMENDED, 40 U.S.C. S 276(A)-276-A-7.
11 S 2. Paragraph b of subdivision 3 of section 220-b of the labor law is
12 amended by adding a new subparagraph 3 to read as follows:
13 (3) WHEN ANY CONTRACTOR OR SUBCONTRACTOR IS DEBARRED FOR VIOLATIONS OF
14 THE DAVIS BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 C.F.R. 5.12, SUCH
15 CONTRACTOR OR SUBCONTRACTOR, AND ANY FIRM, CORPORATION, PARTNERSHIP OR
16 ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR CONTROLS AT LEAST
17 FIFTY-ONE PER CENTUM, SHALL BE INELIGIBLE TO BE AWARDED ANY PUBLIC WORKS
18 CONTRACT WITH THE STATE, ANY MUNICIPAL CORPORATION, PUBLIC BENEFIT
19 CORPORATION OR PUBLIC BODY FOR A PERIOD NOT TO EXCEED THE PERIOD OF
20 DEBARMENT DETERMINED OR DECIDED PURSUANT TO SUCH ACT. THE DEPARTMENT
21 SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OR ENTITY IMMEDIATELY OF SUCH
22 INELIGIBILITY PURSUANT TO THIS SUBPARAGRAPH AND SUCH PERSON OR ENTITY
23 SHALL BE AFFORDED THE OPPORTUNITY TO BE HEARD BY THE DEPARTMENT WITHIN
24 THIRTY CALENDAR DAYS OF THE DEPARTMENT'S WRITTEN NOTICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03454-01-5
A. 2539 2
1 S 3. Section 103 of the general municipal law is amended by adding a
2 new subdivision 1-c to read as follows:
3 1-C. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD
4 OR AGENCY OF ANY POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN
5 CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE
6 BIDDER, OR A PERSON OR ENTITY WITH AN INTEREST OF AT LEAST FIFTY-ONE PER
7 CENTUM IN THE BIDDER, IS DEBARRED PURSUANT TO PARAGRAPH B OF SUBDIVISION
8 THREE OF SECTION TWO HUNDRED TWENTY-B OF THE LABOR LAW, IN MAKING SUCH
9 DETERMINATION OF AWARD.
10 S 4. This act shall take effect on the one hundred twentieth day after
11 it shall have become a law and shall apply to all contracts and agree-
12 ments entered into on and after such date; provided that, effective
13 immediately, the addition, amendment and/or repeal of any rule or regu-
14 lation necessary for the implementation of this act on its effective
15 date is authorized and directed to be made and completed on or before
16 such effective date.
