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.
Sponsor: Abbate / Co-sponsor(s): Colton
Law Section: Labor Law / Law: Amd S220-b, Lab L; amd S103, Gen Muni L
Sponsor: Abbate / Co-sponsor(s): Colton
Law Section: Labor Law / Law: Amd S220-b, Lab L; amd S103, Gen Muni L
A7401-2011 Actions
- May 31, 2012: REFERRED TO LABOR
- May 31, 2012: delivered to senate
- May 31, 2012: passed assembly
- Apr 19, 2012: amended on third reading 7401b
- Mar 16, 2012: advanced to third reading cal.407
- Mar 12, 2012: reported
- Mar 1, 2012: reported referred to codes
- Feb 23, 2012: print number 7401a
- Feb 23, 2012: amend and recommit to labor
- Jan 18, 2012: committed to labor
- Jan 4, 2012: ordered to third reading cal.246
- Jan 4, 2012: RETURNED TO ASSEMBLY
- Jan 4, 2012: DIED IN SENATE
- Jun 15, 2011: REFERRED TO RULES
- Jun 15, 2011: delivered to senate
- Jun 15, 2011: passed assembly
- Jun 15, 2011: ordered to third reading rules cal.280
- Jun 15, 2011: rules report cal.280
- Jun 15, 2011: reported
- Jun 14, 2011: reported referred to rules
- Jun 6, 2011: reported referred to codes
- May 4, 2011: referred to labor
A7401-2011 Text
S T A T E O F N E W Y O R K
7401 2011-2012 Regular Sessions I N ASSEMBLY May 4, 2011
Introduced by M. of A. ABBATE -- read once and referred 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:
Section 1. Paragraph b of subdivision 3 of section 220-b of the labor law is amended by adding a new subparagraph 3 to read as follows:
(3) WHEN ANY PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI GATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 C.F.R. 5.12, SUCH PERSON OR ENTITY, AND ANY FIRM, CORPO RATION, PARTNERSHIP OR ASSOCIATION IN WHICH THE PERSON OR ENTITY OWNS OR CONTROLS AT LEAST TEN PER CENTUM, SHALL BE INELIGIBLE TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORKS CONTRACT WITH THE STATE, ANY MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR PUBLIC BODY FOR A PERIOD OF THREE YEARS FROM THE DATE ON WHICH THE NAME OF THE PERSON OR ENTITY IS PUBLISHED IN THE LIST OF DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C. 3144. THE DEPARTMENT WILL NOTIFY THE PERSON OR ENTITY IMMEDIATELY OF SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY MUST BE AFFORDED THE OPPOR TUNITY TO APPEAL TO THE DEPARTMENT.
S 2.
Section 103 of the general municipal law is amended by adding a new subdivision 1-b to read as follows:
1-B. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD OR AGENCY OF ANY POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN CHARGED WITH AWARDING OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE BIDDER, OR A PERSON OR ENTITY WITH AN INTEREST OF AT LEAST TEN PER CENTUM IN THE BIDDER, IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 C.F.R. 5.12, IN MAKING SUCH DETERMINATION OF AWARD.
S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10848-01-1

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