S T A T E   O F   N E W   Y O R K
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                                  2539

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. BRINDISI, ORTIZ -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law and the general municipal law, in relation
  to ensuring consistency with the federal Davis Bacon  Act  for  calcu-
  lation of payments for supplements and reciprocity of debarments

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

  Section 1. Section 220 of the labor law is amended  by  adding  a  new
subdivision 3-f to read as follows:
  3-F.  IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS DEFINED
IN THIS ARTICLE, AS A DISPROPORTIONATE OR EXCLUSIVE  SOURCE  OF  FUNDING
FOR  BENEFITS  THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART OF THE
REGULAR COMPENSATION FOR ALL EMPLOYEE WORK WHETHER  PUBLIC  OR  PRIVATE,
THE  COMMISSIONER  SHALL  DIRECT  THAT THE PROPER PAYMENT OF SUPPLEMENTS
SHALL BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY  UTILIZED
BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
BACON ACT OF 1931, AS AMENDED, 40 U.S.C. S 276(A)-276-A-7.
  S 2. 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 CONTRACTOR OR SUBCONTRACTOR IS DEBARRED FOR VIOLATIONS OF
THE  DAVIS BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 C.F.R. 5.12, SUCH
CONTRACTOR OR SUBCONTRACTOR, AND ANY FIRM, CORPORATION,  PARTNERSHIP  OR
ASSOCIATION  IN  WHICH  THE  PERSON  OR ENTITY OWNS OR CONTROLS AT LEAST
FIFTY-ONE PER CENTUM, SHALL BE INELIGIBLE TO BE AWARDED ANY PUBLIC WORKS
CONTRACT WITH THE  STATE,  ANY  MUNICIPAL  CORPORATION,  PUBLIC  BENEFIT
CORPORATION  OR  PUBLIC  BODY  FOR  A PERIOD NOT TO EXCEED THE PERIOD OF
DEBARMENT DETERMINED OR DECIDED PURSUANT TO  SUCH  ACT.  THE  DEPARTMENT
SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OR ENTITY IMMEDIATELY OF SUCH
INELIGIBILITY  PURSUANT  TO  THIS SUBPARAGRAPH AND SUCH PERSON OR ENTITY
SHALL BE AFFORDED THE OPPORTUNITY TO BE HEARD BY THE  DEPARTMENT  WITHIN
THIRTY CALENDAR DAYS OF THE DEPARTMENT'S WRITTEN NOTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03454-01-5
              

A. 2539                             2

  S  3.  Section 103 of the general municipal law is amended by adding a
new subdivision 1-c to read as follows:
  1-C.  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 FIFTY-ONE PER
CENTUM IN THE BIDDER, IS DEBARRED PURSUANT TO PARAGRAPH B OF SUBDIVISION
THREE OF SECTION TWO HUNDRED TWENTY-B OF THE LABOR LAW, IN  MAKING  SUCH
DETERMINATION OF AWARD.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law and shall apply to all contracts and agree-
ments entered into on and after  such  date;  provided  that,  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  is  authorized  and directed to be made and completed on or before
such effective date.