S T A T E   O F   N E W   Y O R K
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                                   100

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. LATIMER, ORTIZ, COLTON, PHEFFER -- Multi-Spon-
  sored by -- M. of A.   DenDEKKER -- read  once  and  referred  to  the
  Committee on Labor

AN ACT to amend the labor law, in relation to making the failure to post
  a  statement of wage rates and supplements subject to prosecution as a
  misdemeanor and subject to a civil penalty, and requiring  maintenance
  and production on the job site of "sign-in" and "sign-out" sheets upon
  the request of the fiscal officer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subparagraphs (iii) and (iv) of paragraph a of subdivision
3-a of section 220 of the labor law, as amended by chapter 8 of the laws
of 2008, are amended to read as follows:
  (iii) The contractor and  every  sub-contractor  shall  keep  original
payrolls  or transcripts thereof, subscribed and sworn to or affirmed by
him or her as true under the penalties of  perjury,  setting  forth  the
names  and  addresses  and showing for each worker, laborer, or mechanic
the hours and days worked, the occupations worked, the hourly wage rates
paid and the supplements paid or provided. Where the contractor or  sub-
contractor  maintains no regular place of business in New York state and
where the amount of the contract is in excess  of  twenty-five  thousand
dollars  such payrolls shall be kept on the site of the work.  All other
contractors or sub-contractors shall produce within  five  days  on  the
site  of  the  work  and upon formal order of the commissioner OR FISCAL
OFFICER or his or her designated representative such  original  payrolls
or  transcripts  thereof,  subscribed and sworn to or affirmed by him or
her as true under the penalties of perjury, as may be  deemed  necessary
to  adequately enforce the provisions of this article. Every contractor,
and sub-contractor, shall submit to the department of jurisdiction with-
in thirty days after issuance of its first  payroll,  and  every  thirty

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00291-01-1

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days  thereafter,  a  transcript  of  the  original  payroll  record, as
provided by this article, subscribed and sworn to or  affirmed  as  true
under  the  penalties  of perjury. Any person who wilfully fails to file
such payroll records with the department of jurisdiction shall be guilty
of  a class E felony. In addition, any person who wilfully fails to file
such payroll records within the  time  specified  in  this  subparagraph
shall  be  subject  to a civil penalty of up to one thousand dollars per
day.
  (iv) The department of jurisdiction shall be required to  collect  and
maintain  such  payroll  records  at the times specified in subparagraph
(iii) of this paragraph. The original payrolls or transcripts  shall  be
preserved by the department of jurisdiction for five years from the date
of  completion  of  the  work on the awarded contract. The department of
jurisdiction as herein referred to shall be the department of the state,
board or officer in the state, or municipal corporation or commission or
board appointed pursuant to law, whose duty it is to prepare  or  direct
the  preparation  of  the  plans  and  specifications  for a public work
project.   EVERY CONTRACTOR AND SUB-CONTRACTOR,  REGARDLESS  OF  WHETHER
SUCH  CONTRACTOR OR SUB-CONTRACTOR MAINTAINS A REGULAR PLACE OF BUSINESS
IN NEW YORK STATE, SHALL MAINTAIN ON THE SITE OF THE  WORK,  OR  ON  THE
SITE  WHERE WORKERS REPORT TO WORK, ORIGINAL SIGN-IN AND SIGN-OUT SHEETS
OR OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF WORK,  INCLUD-
ING  ARRIVAL  AND DEPARTURE TIMES, OF ALL LABORERS, WORKERS OR MECHANICS
EMPLOYED ON THE PUBLIC WORK, AND THE OCCUPATION  IN  WHICH  THEY  WORKED
DURING  SUCH  TIMES,  AND  SHALL PRODUCE SUCH RECORDS ON THE SITE OF THE
WORK, OR ON THE SITE WHERE WORKERS REPORT TO WORK,  IMMEDIATELY,  UNLESS
ADDITIONAL  TIME  IS  GRANTED  FOR  GOOD  CAUSE SHOWN, UPON RECEIPT OF A
REQUEST BY THE FISCAL OFFICER TO PRODUCE SUCH RECORDS.  Each  department
of  jurisdiction  shall  designate  in writing an individual employed by
such department responsible for the receipt, collection and  review  for
facial  validity  of  payrolls. Said designation shall be filed with the
fiscal officer and posted in a conspicuous location at the project site.
If the designated individual cannot perform the receipt, collection  and
review  of certified payrolls duties as indicated above, for any reason,
including but not limited to reassignment, promotion or separation  from
employment,  the  department  of jurisdiction must immediately designate
another individual employed by such department to fulfill such responsi-
bilities. In the event that a department of jurisdiction fails  to  name
an  individual  responsible  for  the receipt, collection and review for
facial validity of payrolls, as set forth above, then the individual  so
responsible shall be the individual who is the chief policy-making indi-
vidual of such department of jurisdiction.
  S  2.  Paragraph c of subdivision 3-a of section 220 of the labor law,
as added by chapter 137 of the laws of  1985,  is  amended  to  read  as
follows:
  c. The fiscal officer may require any person or corporation performing
such  public  work  to  file  with the fiscal officer within ten days of
receipt of said request, payroll records, sworn to as to their  validity
and  accuracy,  [requested by the fiscal officer] OR OTHER RECORDS WHOSE
MAINTENANCE OR PRODUCTION IS REQUIRED PURSUANT TO PARAGRAPH  A  OF  THIS
SUBDIVISION,  for  said  public  work  or for any public or private work
performed by said person or corporation during the same period  of  time
as  said  public  work. In the event said person or corporation fails to
provide the requested information within the allotted ten days OR  FAILS
TO  PRODUCE RECORDS AS REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION, the fiscal officer shall, within fifteen days, order  the  depart-

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ment of jurisdiction to immediately withhold from payment to said person
or  corporation  up  to twenty-five percent of the amount, not to exceed
one hundred thousand dollars, to be paid to said person  or  corporation
under  the  terms  of the contract pursuant to which said public work is
being performed. Said amount withheld shall be immediately released upon
receipt by the department of jurisdiction of a notice  from  the  fiscal
officer indicating that the request for records had been satisfied.
  S  3.  Subdivision  7  of  section 220 of the labor law, as amended by
chapter 7 of the laws of 2008, is amended to read as follows:
  7. Compliance investigations. The fiscal  officer  as  herein  defined
shall  on a verified complaint in writing of any person interested or of
any employee  organization  pursuant  to  subdivision  eight-d  of  this
section,  and may on his own initiative cause a compliance investigation
to be made to determine whether the contractor or  a  subcontractor  has
paid  the  prevailing rate of wages and prevailing practices for supple-
ments in the same trade or occupation in the locality within  the  state
where  such  public  work  is  being  performed, [or] the hours of labor
performed by the [workmen] WORKERS, laborers and mechanics  employed  on
such  public  work, [or both] HAS POSTED A LEGIBLE STATEMENT OF ALL WAGE
RATES AND SUPPLEMENTS AS REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE-A OF THIS SECTION OR HAS FAILED TO MAINTAIN OR PRODUCE RECORDS  AS
REQUIRED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE-A OF THIS SECTION.
The  fiscal  officer or his agents, examiners and inspectors may examine
or cause to be examined the books and records pertaining to the rate  of
wages  paid  and supplements provided to the laborers, [workmen] WORKERS
and mechanics on said public work [and], the hours of labor performed by
such laborers, [workmen] WORKERS and mechanics on said public  work  AND
THE  POSTING OF A LEGIBLE STATEMENT, IN A PROMINENT AND ACCESSIBLE PLACE
ON THE SITE OF SAID PUBLIC WORK, OF ALL WAGE RATES  AND  SUPPLEMENTS  AS
SPECIFIED  IN  THE  CONTRACT TO BE PAID OR PROVIDED, AS THE CASE MAY BE,
FOR THE VARIOUS CLASSES OF MECHANICS, WORKERS OR  LABORERS  EMPLOYED  ON
SAID  PUBLIC  WORK.    The fiscal officer in such investigation shall be
deemed to be acting in a judicial capacity, and shall have the right  to
issue subpoenas, administer oaths and examine witnesses. The enforcement
of  a subpoena issued under this section shall be regulated by the civil
practice law and rules. Such fiscal officer shall make either an  order,
determination  or any other disposition, including but not limited to an
agreed upon settlement and/or stipulation, within six  months  from  the
date of filing of such verified complaint, and where a compliance inves-
tigation  is made without the filing of a verified complaint, within six
months from the date a compliance investigation  is  initiated  by  such
fiscal  officer. Upon the making of said order or determination, or upon
arriving at such agreed upon settlement and/or stipulation, a copy ther-
eof shall be sent by certified mail, return receipt  requested,  by  the
fiscal officer: (i) to the person and employee organization, if any, who
or  which initiated the complaint, (ii) to the person or corporation, if
any, against whom the complaint was brought, and (iii) where  a  compli-
ance  investigation  is  made  without the filing of a complaint, to the
person who or which was the subject of the compliance investigation.
  S 4. The second undesignated paragraph of subdivision 8 of section 220
of the labor law, as amended by chapter  7  of  the  laws  of  2008,  is
amended to read as follows:
  In  addition  to  directing  payment of wages or supplements including
interest found to be due, such order may direct payment of a further sum
as a civil penalty in an amount not exceeding twenty-five percent of the
total amount found to be due. In assessing the amount  of  the  penalty,

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due consideration shall be given to the size of the employer's business,
the good faith of the employer, the gravity of the violation, the histo-
ry  of  previous violations and the failure to comply with recordkeeping
or  other non-wage requirements.  IN THE EVENT THAT A CONTRACTOR OR SUB-
CONTRACTOR ON PUBLIC WORKS IS FOUND TO HAVE WILLFULLY FAILED TO POST ALL
WAGE RATES AND SUPPLEMENTS OR TO MAINTAIN OR PRODUCE RECORDS AS REQUIRED
BY SUBDIVISION THREE-A OF THIS SECTION, SUCH A VIOLATION  SHALL  CONSTI-
TUTE  A  WILLFUL  VIOLATION,  AND  THE FISCAL OFFICER MAY ENTER AN ORDER
DIRECTING SUCH CONTRACTOR OR SUB-CONTRACTOR TO PAY  A  SUM  AS  A  CIVIL
PENALTY IN AN AMOUNT OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
SUCH NONCOMPLIANCE AND A SUM AS A CIVIL PENALTY IN AN AMOUNT OF NOT MORE
THAN  ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT NONCOMPLIANCE. SUCH CIVIL
PENALTY SHALL NOT BE IMPOSED IF SUCH CONTRACTOR OR SUB-CONTRACTOR PAYS A
FINE IMPOSED PURSUANT TO A MISDEMEANOR CONVICTION PURSUANT  TO  SUBDIVI-
SION  THREE-A  OF  THIS SECTION. Where the fiscal officer is the commis-
sioner, the penalty shall be paid to the commissioner for deposit in the
state treasury. Where the fiscal officer is a city comptroller or  other
analogous officer, the penalty shall be paid to said officer for deposit
in the city treasury.
  S  5.  Subparagraph 1 of paragraph a of subdivision 2 of section 220-b
of the labor law, as amended by chapter 547 of  the  laws  of  1998,  is
amended to read as follows:
  (1) When any interested person shall file a written complaint with the
fiscal  officer, as herein defined, alleging unpaid wages or supplements
due for labor performed on a public improvement for which a contract has
been entered into, and said labor is  alleged  to  have  been  performed
within  the two-year period immediately preceding the date of the filing
of said complaint, or if, on the fiscal officer's own initiative, unpaid
wages or supplements appear to be due, OR IF THE CONTRACTOR OR  SUB-CON-
TRACTOR  HAS  FAILED TO POST A LEGIBLE STATEMENT OF WAGES OR TO MAINTAIN
OR PROVIDE RECORDS AS REQUIRED BY SUBDIVISION  THREE-A  OF  SECTION  TWO
HUNDRED  TWENTY OF THIS ARTICLE, the fiscal officer shall immediately so
notify the financial officer of the civil division  interested,  or,  if
there are insufficient moneys still due to the contractor or subcontrac-
tor to satisfy said wages and supplements, including interest and penal-
ty, the financial officer of another civil division which has entered or
subsequently enters into a public improvement contract with the contrac-
tor  or subcontractor, who shall withhold from any payment due or earned
the contractor  or  subcontractor  executing  any  public  improvements,
sufficient  moneys  to  satisfy  said  wages  and supplements, including
interest at the rate provided herein, and any civil penalty that may  be
assessed  as  provided herein, pending a final determination. The finan-
cial officer shall immediately confirm in writing to the fiscal  officer
the amount of money withheld.
  S  6.  Subparagraph 1 of paragraph b of subdivision 3 of section 220-b
of the labor law, as amended by chapter 241 of  the  laws  of  2002,  is
amended to read as follows:
  (1)  When  two  final  determinations  have  been  rendered  against a
contractor, subcontractor, successor, or any substantially-owned  affil-
iated  entity of the contractor or subcontractor, any of the partners if
the contractor or subcontractor is a partnership,  any  officer  of  the
contractor  or subcontractor who knowingly participated in the violation
of this article, any of the shareholders who own or control at least ten
per centum of the outstanding stock of the contractor  or  subcontractor
or any successor within any consecutive six-year period determining that
such  contractor,  subcontractor,  successor, or any substantially-owned

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affiliated entity of the contractor or subcontractor, any of  the  part-
ners  or  any  of  the  shareholders who own or control at least ten per
centum of the outstanding stock of the contractor or subcontractor,  any
officer of the contractor or subcontractor who knowingly participated in
the  violation of this article has wilfully failed to pay the prevailing
rate of wages or to provide supplements in accordance with this article,
whether such failures were concurrent or consecutive and whether or  not
such  final  determinations concerning separate public work projects are
rendered simultaneously, such contractor, subcontractor,  successor,  or
any  substantially-owned  affiliated entity of the contractor or subcon-
tractor, any of the partners if the contractor  or  subcontractor  is  a
partnership  or  any of the shareholders who own or control at least ten
per centum of the outstanding stock of the contractor or  subcontractor,
any  officer  of  the  contractor or subcontractor who knowingly partic-
ipated in the violation of this article shall be ineligible to submit  a
bid  on  or  be awarded any public work contract or subcontract with the
state, any municipal corporation or public body for  a  period  of  five
years from the second final determination, provided, however, that where
any  such  final  determination  involves  the  falsification of payroll
records or the kickback of wages or supplements, the contractor, subcon-
tractor, successor, or any substantially-owned affiliated entity of  the
contractor  or  subcontractor,  any partner if the contractor or subcon-
tractor is a partnership or any of the shareholders who own  or  control
at  least  ten  per centum of the outstanding stock of the contractor or
subcontractor, any officer of the contractor or subcontractor who  know-
ingly  participated in the violation of this article shall be ineligible
to submit a bid on or be awarded  any  public  work  contract  with  the
state,  any  municipal  corporation  or public body for a period of five
years from the first final determination.
  WHEN TWO FINAL DETERMINATIONS HAVE BEEN ENTERED  AGAINST  ANY  OF  THE
AFOREMENTIONED  ENTITIES  OR INDIVIDUALS WITHIN ANY CONSECUTIVE SIX-YEAR
PERIOD DETERMINING THAT SUCH ENTITY OR INDIVIDUAL HAS  WILLFULLY  FAILED
TO  POST  A  STATEMENT  OF  WAGES OR HAS WILLFULLY FAILED TO MAINTAIN OR
PRODUCE RECORDS AS  REQUIRED  BY  SUBDIVISION  THREE-A  OF  SECTION  TWO
HUNDRED  TWENTY OF THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN
ENTERED DURING THE SAME CONSECUTIVE SIX-YEAR PERIOD AS A FINAL  DETERMI-
NATION  THAT  ANY  SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED TO PAY
THE PREVAILING RATE OF WAGES OR  SUPPLEMENTS  IN  ACCORDANCE  WITH  THIS
ARTICLE,   AND   SUCH  DETERMINATIONS  CONCERNED  SEPARATE  PUBLIC  WORK
CONTRACTS AND WERE NOT CONCURRENT, ANY SUCH  ENTITY  OR  INDIVIDUAL  WHO
KNOWINGLY  PARTICIPATED  IN SUCH FAILURE SHALL BE INELIGIBLE TO SUBMIT A
BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR  SUBCONTRACT  WITH  THE
STATE,  ANY  MUNICIPAL  CORPORATION  OR PUBLIC BODY FOR A PERIOD OF FIVE
YEARS FROM THE DATE OF THE SECOND FINAL DETERMINATION.
  S 7. Subdivision 6 of section 231 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:
  6.  No  later  than  the first day upon which work on said contract is
performed by any employee, the contractor shall post in a prominent  and
accessible  place  on  the  site  of the work a legible statement of the
wages to be paid  to  the  [workmen]  WORKERS  employed  thereon.    ANY
CONTRACTOR  WHO IS FOUND TO HAVE WILLFULLY FAILED TO POST SUCH STATEMENT
SHALL BE GUILTY OF A MISDEMEANOR, WHICH UPON CONVICTION  THEREOF,  SHALL
BE  PUNISHABLE  BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE
THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE.
  S 8. Subdivision 1 of section 233 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:

A. 100                              6

  1.  In  all  cases where service work is being performed pursuant to a
contract therefor, the contractor shall keep original payrolls or  tran-
scripts  thereof,  subscribed and confirmed by him as true, under penal-
ties of perjury, showing the hours and days worked by each employee, the
craft, trade or occupation at which he was employed, and the wages paid.
EVERY  CONTRACTOR SHALL MAINTAIN ORIGINAL SIGN-IN AND SIGN-OUT SHEETS OR
OTHER RECORDS REFLECTING THE ACTUAL DATES AND TIMES OF  WORK,  INCLUDING
ARRIVAL  AND DEPARTURE TIMES, OF ALL BUILDING SERVICE EMPLOYEES EMPLOYED
ON THE SITE OF THE WORK, OR ON THE SITE WHERE WORKERS  REPORT  TO  WORK,
AND  SHALL  PRODUCE  SUCH  RECORDS AT THE WORK SITE OR ON THE SITE WHERE
WORKERS REPORT TO WORK, IMMEDIATELY, UNLESS ADDITIONAL TIME  IS  GRANTED
FOR GOOD CAUSE SHOWN, UPON RECEIPT OF A REQUEST BY THE FISCAL OFFICER TO
PRODUCE SUCH RECORDS.
  S  9.  Paragraph (c) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of  1971,  is  amended  to  read  as
follows:
  (c)  to  examine  the  books,  documents and records pertaining to the
wages paid to, and the hours of work performed  by,  service  employees,
AND  TO REQUIRE THE IMMEDIATE PRODUCTION OF RECORDS REQUIRED TO BE MAIN-
TAINED PURSUANT TO SUBDIVISION ONE OF SECTION TWO  HUNDRED  THIRTY-THREE
OF THIS ARTICLE;
  S 10. Subdivision 1 of section 235 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  1.  Whenever  the  fiscal officer has reason to believe that a service
employee has been paid less than the wages stipulated in  the  contract,
or if such contract has no wage schedule attached thereto and the fiscal
officer has reason to believe that a service employee has been paid less
than  the  wages  prevailing  for his craft, trade or occupation, THAT A
CONTRACTOR HAS FAILED TO  POST WAGES AS REQUIRED BY SUBDIVISION  SIX  OF
SECTION  TWO HUNDRED THIRTY-ONE OF THIS ARTICLE OR FAILED TO MAINTAIN OR
PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED THIRTY-THREE OF  THIS
ARTICLE, the fiscal officer may, and upon receipt of a written complaint
from an employee employed thereon, shall conduct a special investigation
to determine the facts relating thereto.
  S  11.  Subdivision  7  of section 235 of the labor law, as amended by
chapter 547 of the laws of 1998, is amended to read as follows:
  7. When, pursuant to the provisions of this section, two final  orders
have been entered against a contractor, subcontractor, successor, or any
substantially-owned  affiliated  entity of the contractor or subcontrac-
tor, any of the partners if the contractor or subcontractor is  a  part-
nership,  any  of  the  five  largest  shareholders of the contractor or
subcontractor, any officer of the contractor or subcontractor who  know-
ingly  participated  in the violation of this article within any consec-
utive six-year period determining that such contractor or  subcontractor
and/or  its  successor,  substantially-owned  affiliated  entity  of the
contractor or subcontractor, any of the partners  or  any  of  the  five
largest  shareholders of the contractor or subcontractor, any officer of
the contractor  or  subcontractor  who  knowingly  participated  in  the
violation  of  this  article  has willfully failed to pay the prevailing
wages in accordance with the provisions of this  article,  whether  such
failures  were  concurrent  or consecutive and whether or not such final
determinations concerning separate public building service contracts are
rendered simultaneously, such contractor, subcontractor, successor,  and
if  the contractor, subcontractor, successor, or any substantially-owned
affiliated entity of the contractor or subcontractor, any of  the  part-
ners  if the contractor or subcontractor is a partnership, or any of the

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five largest shareholders of the contractor or subcontractor, any  offi-
cer of the contractor or subcontractor who knowingly participated in the
violation  of this article, or any successor is a corporation, any offi-
cer  of  such  corporation  who  knowingly participated in such failure,
shall be ineligible to submit a bid on or be awarded any public building
service work for a period of five years from  the  date  of  the  second
order,  provided,  however, that where any such final order involves the
falsification of payroll records or the kickback of wages, the  contrac-
tor,  subcontractor, successor, substantially-owned affiliated entity of
the contractor or  subcontractor,  any  partner  if  the  contractor  or
subcontractor  is  a partnership or any of the five largest shareholders
of the contractor or subcontractor, any officer  of  the  contractor  or
subcontractor  who knowingly participated in the violation of this arti-
cle shall be ineligible to submit a bid on  or  be  awarded  any  public
building  service  contract or subcontract with the state, any municipal
corporation or public body for a period of five years from the  date  of
the first final order.
  WHEN  TWO  FINAL  DETERMINATIONS  HAVE BEEN ENTERED AGAINST ANY OF THE
AFOREMENTIONED ENTITIES OR INDIVIDUALS WITHIN ANY  CONSECUTIVE  SIX-YEAR
PERIOD  DETERMINING  THAT SUCH ENTITY OR INDIVIDUAL HAS WILLFULLY FAILED
TO POST A STATEMENT OF WAGES AS REQUIRED BY SUBDIVISION SIX  OF  SECTION
TWO  HUNDRED THIRTY-ONE OF THIS ARTICLE OR HAS WILLFULLY FAILED TO MAIN-
TAIN OR PRODUCE RECORDS AS REQUIRED BY SECTION TWO HUNDRED  THIRTY-THREE
OF  THIS ARTICLE, OR WHEN ONE SUCH DETERMINATION HAS BEEN ENTERED DURING
THE SAME CONSECUTIVE SIX-YEAR PERIOD AS A FINAL DETERMINATION  THAT  ANY
SUCH  ENTITY  OR  INDIVIDUAL  HAS WILLFULLY FAILED TO PAY THE PREVAILING
RATE OF WAGES OR SUPPLEMENTS IN ACCORDANCE WITH THIS ARTICLE,  AND  SUCH
DETERMINATIONS  CONCERNED  SEPARATE  BUILDING  CONTRACTS  AND  WERE  NOT
CONCURRENT, ANY SUCH ENTITY OR INDIVIDUAL WHO KNOWINGLY PARTICIPATED  IN
SUCH  FAILURE  SHALL  BE INELIGIBLE TO SUBMIT A BID ON OR BE AWARDED ANY
PUBLIC BUILDING SERVICE CONTRACT OR  SUBCONTRACT  WITH  THE  STATE,  ANY
MUNICIPAL CORPORATION OR PUBLIC BODY FOR A PERIOD OF FIVE YEARS FROM THE
DATE  OF  THE  SECOND  FINAL ORDER. Nothing in this subdivision shall be
construed as affecting any provision of  any  other  law  or  regulation
relating to the awarding of public contracts.
  S  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.