Bill Text: NY S03995 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S03995 Detail]

Download: New_York-2015-S03995-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3995
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- 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:
    1    Section  1. Paragraph b of subdivision 3 of section 220-b of the labor
    2  law is amended by adding a new subparagraph 3 to read as follows:
    3    (3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
    4  GATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT  PURSUANT  TO  40  U.S.C.
    5  3144  AND  29 C.F.R. 5.12, SUCH PERSON OR ENTITY, AND ANY "SUBSTANTIALLY
    6  OWNED-AFFILIATED ENTITY" AS DEFINED BY PARAGRAPH G OF  SUBDIVISION  FIVE
    7  OF  SECTION  TWO  HUNDRED TWENTY OF THIS ARTICLE, SHALL BE INELIGIBLE TO
    8  SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORKS CONTRACT WITH THE  STATE,
    9  ANY  MUNICIPAL  CORPORATION,  PUBLIC  BENEFIT CORPORATION OR PUBLIC BODY
   10  WHILE THE NAME OF THE PERSON OR ENTITY  IS  PUBLISHED  IN  THE  LIST  OF
   11  DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C. 3144. WHERE A PERSON OR ENTI-
   12  TY  IS DETERMINED TO BE INELIGIBLE PURSUANT TO THIS SUBPARAGRAPH BECAUSE
   13  IT IS CONSIDERED A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY," SUCH  PERSON
   14  OR  ENTITY SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT AND
   15  SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL THE  INELIGIBILITY  DETERMI-
   16  NATION TO THE DEPARTMENT.
   17    S  2.  Section 103 of the general municipal law is amended by adding a
   18  new subdivision 1-c to read as follows:
   19    1-C. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER,  BOARD
   20  OR  AGENCY  OF  ANY  POLITICAL  SUBDIVISION  OR  OF ANY DISTRICT THEREIN
   21  CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER  OR  NOT  THE
   22  BIDDER,  OR  ANY  "SUBSTANTIALLY  OWNED-AFFILIATED ENTITY" AS DEFINED BY
   23  PARAGRAPH G OF SUBDIVISION FIVE OF SECTION TWO  HUNDRED  TWENTY  OF  THE
   24  LABOR  LAW,  HAS  BEEN  FOUND  TO BE IN VIOLATION OF THE DAVIS-BACON ACT
   25  PURSUANT TO 40 U.S.C. 3144, THE COPELAND ACT PURSUANT TO 18  U.S.C.  874
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08876-01-5
       S. 3995                             2
    1  AND  40  U.S.C. 3145 OR THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
    2  PURSUANT TO 40 U.S.C. 332.
    3    S 3. This act shall take effect on the one hundred twentieth day after
    4  it  shall  have become a law and shall apply to all public work bids and
    5  contracts solicited on or after such effective date; provided,  however,
    6  this  act shall not apply retroactively to previously issued or existing
    7  public work contracts, with the state, any municipal corporation, public
    8  benefit corporation or public body.