Bill Text: NY S06075 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to banning individuals who have violated wage theft laws from bidding on public works projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S06075 Detail]

Download: New_York-2017-S06075-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6075
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN  ACT  to  amend the labor law, in relation to banning individuals who
          have violated wage theft laws from bidding on public works projects
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The labor law is amended by adding a new section 224-a to
     2  read as follows:
     3    § 224-a. Prohibition against awarding public works  project  contracts
     4  due  to  wage  theft.  1.  For the purpose of this section, "wage theft"
     5  shall mean the denial of wages or employee benefits that are  rightfully
     6  owed to an employee.
     7    2.  Before the awarding of a contract for any public works project, an
     8  individual; limited liability company;  limited  liability  partnership;
     9  corporation;  partnership  or  any  other  legal  entity bidding on such
    10  public works project must reveal to the commissioner for review the full
    11  names of all members; managers; individuals; and/or stockholders of such
    12  limited liability company; limited liability  partnership;  corporation;
    13  partnership or any other legal entity or person bidding on such project.
    14    3. A public works contract shall not be awarded to any person; limited
    15  liability  company; limited liability partnership; corporation; partner-
    16  ship or any other legal entity, who has any  members;  managers;  and/or
    17  stockholders  who have interest in such legal entity, who has previously
    18  been found guilty and/or debarred for wage theft.
    19    4. At no time after the awarding of a public works  project,  shall  a
    20  person; limited liability company; limited liability partnership; corpo-
    21  ration; partnership or any other legal entity authorize an individual as
    22  manager;  member  and/or  stockholder  who has ever been debarred and/or
    23  found guilty of wage theft to hold any interest in  such  legal  entity.
    24  The  violation  of this subdivision shall result in the immediate termi-
    25  nation of the contract.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09315-02-7

        S. 6075                             2
     1    5. Any individual person who knowingly or intentionally  commits  wage
     2  theft,  shall  permanently be barred from bidding themselves, or being a
     3  part; member; manager;  and/or  stockholder  of  any  limited  liability
     4  company,  limited liability partnership, corporation, partnership or any
     5  other legal entity that bids on or is awarded any public works project.
     6    § 2.  This act shall take effect immediately.
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