Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
Jun 21, 2013 |
committed to rules |
May 23, 2013 |
advanced to third reading |
May 22, 2013 |
2nd report cal. |
May 21, 2013 |
1st report cal.659 |
Jan 24, 2013 |
referred to labor |
Senate Bill S2860
2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) 15th Senate District
(D) Senate District
2013-S2860 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3987
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §220-b, Lab L; amd §103, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S5659
2015-2016: S3382
2013-S2860 (ACTIVE) - Summary
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.
2013-S2860 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2860 TITLE OF BILL: 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 PURPOSE: The purpose of the bill is to ensure that those contractors who are debarred on the federal level under the Davis-Bacon Act for wage payment violations, are unable to bid on state public work contracts; this legislation would close a loophole in the existing law. Under the current law, contractors who have been debarred from federal job sites are considered on equal footing with law-abiding contractors. This bill would remedy this gross inequity by granting reciprocity to debarments imposed by the federal government on contractors who have violated the Davis-Bacon Act. New York courts have long settled that the right to bid on a public work contract is not a property right. This privilege to bid must be subject to certain restrictions, one of which should be the ability of the bidder to comply with certain prevailing wage provisions. SUMMARY OF PROVISIONS: Section 1 of the bill amends § 220-b of the Labor law so 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
2013-S2860 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2860 2013-2014 Regular Sessions I N S E N A T E January 24, 2013 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed 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 WHILE 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 OPPORTUNITY TO APPEAL TO THE DEPARTMENT. S 2. 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 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 and shall apply prospec- tively to all public work bids and contracts. It shall not apply retroactively to previously issued or existing public work contracts with the state, any municipal corporation, public benefit company or public body. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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