Bill Text: NY S05659 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; provides that any contractor who has been debarred from federal job sites for having disregarded obligations to employees under the Davis-Bacon Act shall also be debarred under the labor law from bidding on or being awarded similar contracts on public work job sites sponsored by the state or any of its political subdivisions; provides that the contractor may appeal such a determination to the department of labor; provides that whether or not a contractor is debarred under the Davis-Bacon Act will be considered in the selection of a lowest responsible bidder.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-08-15 - PRINT NUMBER 5659C [S05659 Detail]

Download: New_York-2011-S05659-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5659--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 9, 2011
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor  --  recommitted  to
         the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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  FIRM,  CORPO-
    6  RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR
    7  CONTROLS AT LEAST TEN PER CENTUM, SHALL BE INELIGIBLE TO SUBMIT A BID ON
    8  OR  BE  AWARDED  ANY PUBLIC WORKS CONTRACT WITH THE STATE, ANY MUNICIPAL
    9  CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY FOR A  PERIOD  OF
   10  THREE  YEARS  FROM THE DATE ON WHICH THE NAME OF THE PERSON OR ENTITY IS
   11  PUBLISHED IN THE LIST OF DEBARRED  CONTRACTORS  PURSUANT  TO  40  U.S.C.
   12  3144.  THE  DEPARTMENT  WILL  NOTIFY THE PERSON OR ENTITY IMMEDIATELY OF
   13  SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY MUST BE AFFORDED THE OPPOR-
   14  TUNITY TO APPEAL TO THE DEPARTMENT.
   15    S 2. Section 103 of the general municipal law is amended by  adding  a
   16  new subdivision 1-c to read as follows:
   17    1-C.  IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD
   18  OR AGENCY OF ANY  POLITICAL  SUBDIVISION  OR  OF  ANY  DISTRICT  THEREIN
   19  CHARGED  WITH  AWARDING  OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE
   20  BIDDER, OR A PERSON OR ENTITY WITH AN  INTEREST  OF  AT  LEAST  TEN  PER
   21  CENTUM  IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS TO
   22  EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C.  3144  AND  29
   23  C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10848-05-2