Bill Text: NY A01845 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 1845 (Prior Session Legislation)

Introduced

Bill Title: Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act.

Spectrum: Partisan Bill (Democrat 39-2)

Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.136 [A01845 Detail]

Download: New_York-2017-A01845-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1845
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by M. of A. BRONSON -- Multi-Sponsored 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:
     1    Section  1. Paragraph b of subdivision 3 of section 220-b of the labor
     2  law is amended by adding a new subparagraph 3 to read as follows:
     3    (3) When any person or entity is debarred for having disregarded obli-
     4  gations to employees under the Davis-Bacon Act  pursuant  to  40  U.S.C.
     5  3144  and  29 C.F.R. 5.12, such person or entity, and any "substantially
     6  owned-affiliated entity" as defined by paragraph g of  subdivision  five
     7  of  section  two  hundred twenty of this article, shall be ineligible to
     8  submit a bid on or be awarded any public works contract with the  state,
     9  any  municipal  corporation,  public  benefit corporation or public body
    10  while the name of the person or entity  is  published  in  the  list  of
    11  debarred contractors pursuant to 40 U.S.C. 3144. Where a person or enti-
    12  ty  is determined to be ineligible pursuant to this subparagraph because
    13  it is considered a "substantially owned-affiliated entity," such  person
    14  or  entity shall be provided with written notice from the department and
    15  shall be afforded the opportunity to appeal the  ineligibility  determi-
    16  nation to the department.
    17    §  2.  Section 103 of the general municipal law is amended by adding a
    18  new subdivision 1-c to read as follows:
    19    1-c. In determining the lowest responsible bidder, the officer,  board
    20  or  agency  of  any  political  subdivision  or  of any district therein
    21  charged with awarding of contracts, shall consider whether  or  not  the
    22  bidder,  or  any  "substantially  owned-affiliated entity" as defined by
    23  paragraph g of subdivision five of section two  hundred  twenty  of  the
    24  labor  law,  has  been  found  to be in violation of the Davis-Bacon Act
    25  pursuant to 40 U.S.C. 3144, the Copeland Act pursuant to 18  U.S.C.  874
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06798-01-7
        A. 1845                             2
     1  and  40  U.S.C. 3145 or the Contract Work Hours and Safety Standards Act
     2  pursuant to 40 U.S.C. 332.
     3    § 3. This act shall take effect on the one hundred twentieth day after
     4  it  shall have become a law and shall apply to all public works bids and
     5  contracts solicited on or after such effective date; provided,  however,
     6  this  act shall not apply retroactively to previously issued or existing
     7  public works contracts,  with  the  state,  any  municipal  corporation,
     8  public benefit corporation or public body.