Bill Text: NY S06790 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act and directs the governor to convene a work group to study and make recommendations to the legislature regarding the appropriate payment of supplements to construction workers; prohibits companies who violate the Davis-Bacon act from contracting with the state.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A8514 [S06790 Detail]
Download: New_York-2017-S06790-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6790 2017-2018 Regular Sessions IN SENATE 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: 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)(i) When any contractor or subcontractor is debarred for having 4 disregarded obligations to employees under the Davis-Bacon Act pursuant 5 to 40 U.S.C. 3144 and 29 C.F.R. 5.12, such contractor or subcontractor, 6 and any "substantially owned-affiliated entity" as defined by paragraph 7 g of subdivision five of section two hundred twenty of this article, 8 shall be ineligible to submit a bid on or be awarded any public works 9 contract with the state, any municipal corporation, public benefit 10 corporation or public body while the name of the person or entity is 11 published in the list of debarred contractors pursuant to 40 U.S.C. 12 3144. Where a contractor or subcontractor is determined to be ineligible 13 pursuant to this subparagraph because it is considered a "substantially 14 owned-affiliated entity," such contractor or subcontractor shall be 15 provided with written notice from the department within seven days and 16 shall be afforded the opportunity to appeal the ineligibility determi- 17 nation to the department within thirty calendar days of the written 18 notice. In order for a substantially-owned affiliated entity to be 19 debarred pursuant to this subparagraph, such substantially-owned affil- 20 iated entity must have substantial involvement in the day to day manage- 21 ment of the contractor or subcontractor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13260-01-7S. 6790 2 1 (ii) Any eligibility determination made pursuant to this subparagraph 2 shall be subject to review pursuant to article seventy-eight of the 3 civil practice law and rules. 4 § 2. Section 103 of the general municipal law is amended by adding a 5 new subdivision 1-c to read as follows: 6 1-c. In determining the lowest responsible bidder, the officer, board 7 or agency of any political subdivision or of any district therein 8 charged with awarding of contracts, shall consider whether or not the 9 bidder, or any "substantially owned-affiliated entity" as defined by 10 paragraph g of subdivision five of section two hundred twenty of the 11 labor law, has been found to be in violation of the Davis-Bacon Act 12 pursuant to 40 U.S.C. 3144, the Copeland Act pursuant to 18 U.S.C. 874 13 and 40 U.S.C. 3145 or the Contract Work Hours and Safety Standards Act 14 pursuant to 40 U.S.C. 332. 15 § 3. The governor shall convene a work group to study and make recom- 16 mendations to the legislature regarding the appropriate payment of 17 supplements to construction workers and employing the annualization 18 methodology utilized by the United States department of labor in calcu- 19 lations under the Davis-Bacon Act of 1931, as amended 40 U.S.C. § 20 276(a). The work group shall be comprised of nine members: one 21 appointed by the governor, one appointed by the temporary president of 22 the senate, one appointed by the speaker of the assembly, one appointed 23 by the commissioner of labor, one appointed by the comptroller, two 24 representatives of labor organizations appointed by the governor, and 25 two representatives of contractor associations appointed by the gover- 26 nor. Any appointing authority's failure to make an appointment pursuant 27 to this section shall not preclude the work group from meeting or issu- 28 ing recommendations. The work group shall issue recommendations to the 29 governor, the temporary president of the senate and the speaker of the 30 assembly within one hundred eighty days of the effective date of this 31 chapter. 32 § 4. This act shall take effect immediately; provided, however, that 33 sections one and two of this act shall take effect on the ninetieth day 34 after it shall have become a law and shall apply to all public works 35 bids and contracts solicited on or after such effective date and shall 36 expire and be deemed repealed three years from such effective date; 37 provided, that any contractor or subcontractor who is ineligible to 38 submit a bid on any public work contract pursuant to this act shall 39 remain ineligible as long as the name of the person or entity is 40 published in the list of debarred contractors pursuant to 40 U.S.C. 3144 41 notwithstanding such repeal of this act; provided, further however, this 42 act shall not apply retroactively to previously issued or existing 43 public works contracts, with the state, any municipal corporation, 44 public benefit corporation or public body.
