Bill Text: NY S02974 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act.
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Introduced - Dead) 2018-01-25 - PRINT NUMBER 2974A [S02974 Detail]
Download: New_York-2017-S02974-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2974--A 2017-2018 Regular Sessions IN SENATE January 18, 2017 ___________ Introduced by Sens. MURPHY, AKSHAR, ALCANTARA, BONACIC, BOYLE, CARLUCCI, FUNKE, GALLIVAN, KENNEDY, MARCHIONE, ORTT, RITCHIE, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accord- ance 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 4 to read as follows: 3 (4) 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 § 2. Section 103 of the general municipal law is amended by adding a 18 new subdivision 1-d to read as follows: 19 1-d. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06798-05-8S. 2974--A 2 1 bidder, or any "substantially owned-affiliated entity" as defined by 2 paragraph g of subdivision five of section two hundred twenty of the 3 labor law, has been found to be in violation of the Davis-Bacon Act 4 pursuant to 40 U.S.C. 3144, the Copeland Act pursuant to 18 U.S.C. 874 5 and 40 U.S.C. 3145 or the Contract Work Hours and Safety Standards Act 6 pursuant to 40 U.S.C. 332. 7 § 3. This act shall take effect on the one hundred twentieth day after 8 it shall have become a law and shall apply to all public works bids and 9 contracts solicited on or after such effective date; provided, however, 10 this act shall not apply retroactively to previously issued or existing 11 public works contracts, with the state, any municipal corporation, 12 public benefit corporation or public body.
