New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A08514 Summary:

A08514 Actions:

A08514 Committee Votes:

Committee:RULES   Chair:Heastie      
DATE:06/20/2017AYE/NAY:31/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

Committee:CODES   Chair:Lentol      
DATE:06/20/2017AYE/NAY:20/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Absent
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A08514 Floor Votes:

A08514 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8514
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 18, 2017
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Codes
 
        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; and relating to a work group to study and make recommendations to
          the  legislature  regarding  the appropriate payment of supplements to
          construction  workers;  and  providing  for  the  repeal  of   certain
          provisions of such laws relating thereto
 
          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)(i)  When  any  contractor  or subcontractor is debarred for having
     4  disregarded obligations to employees under the Davis-Bacon Act  pursuant
     5  to 40 U.S.C.  3144 and 29 C.F.R. 5.12, such contractor or subcontractor,
     6  and  any "substantially owned-affiliated entity" as defined by paragraph
     7  g of subdivision five of section two hundred  twenty  of  this  article,
     8  shall  be  ineligible  to submit a bid on or be awarded any public works
     9  contract with the  state,  any  municipal  corporation,  public  benefit
    10  corporation  or  public  body  while the name of the person or entity is
    11  published in the list of debarred  contractors  pursuant  to  40  U.S.C.
    12  3144. Where a contractor or subcontractor is determined to be ineligible
    13  pursuant  to this subparagraph because it is considered a "substantially
    14  owned-affiliated entity," such  contractor  or  subcontractor  shall  be
    15  provided  with  written notice from the department within seven days and
    16  shall be afforded the opportunity to appeal the  ineligibility  determi-
    17  nation  to  the  department  within  thirty calendar days of the written
    18  notice. In order for  a  substantially-owned  affiliated  entity  to  be
    19  debarred  pursuant to this subparagraph, such substantially-owned affil-
    20  iated entity must have substantial involvement in the day to day manage-
    21  ment of the contractor or subcontractor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13260-01-7
        A. 8514                             2
 
     1    (ii) Any eligibility determination made pursuant to this  subparagraph
     2  shall  be  subject  to  review  pursuant to article seventy-eight of the
     3  civil practice law and rules.
     4    §  2.  Section 103 of the general municipal law is amended by adding a
     5  new subdivision 1-c to read as follows:
     6    1-c. In determining the lowest responsible bidder, the officer,  board
     7  or  agency  of  any  political  subdivision  or  of any district therein
     8  charged with awarding of contracts, shall consider whether  or  not  the
     9  bidder,  or  any  "substantially  owned-affiliated entity" as defined by
    10  paragraph g of subdivision five of section two  hundred  twenty  of  the
    11  labor  law,  has  been  found  to be in violation of the Davis-Bacon Act
    12  pursuant to 40 U.S.C. 3144, the Copeland Act pursuant to 18  U.S.C.  874
    13  and  40  U.S.C. 3145 or the Contract Work Hours and Safety Standards Act
    14  pursuant to 40 U.S.C. 332.
    15    § 3. The governor shall convene a work group to study and make  recom-
    16  mendations  to  the  legislature  regarding  the  appropriate payment of
    17  supplements to construction  workers  and  employing  the  annualization
    18  methodology  utilized by the United States department of labor in calcu-
    19  lations under the Davis-Bacon Act  of  1931,  as  amended  40  U.S.C.  §
    20  276(a).    The  work  group  shall  be  comprised  of  nine members: one
    21  appointed by the governor, one appointed by the temporary  president  of
    22  the  senate, one appointed by the speaker of the assembly, one appointed
    23  by the commissioner of labor, one  appointed  by  the  comptroller,  two
    24  representatives  of  labor  organizations appointed by the governor, and
    25  two representatives of contractor associations appointed by  the  gover-
    26  nor.  Any appointing authority's failure to make an appointment pursuant
    27  to  this section shall not preclude the work group from meeting or issu-
    28  ing recommendations.  The work group shall issue recommendations to  the
    29  governor,  the  temporary president of the senate and the speaker of the
    30  assembly within one hundred eighty days of the effective  date  of  this
    31  chapter.
    32    §  4.  This act shall take effect immediately; provided, however, that
    33  sections one and two of this act shall take effect on the ninetieth  day
    34  after  it  shall  have  become a law and shall apply to all public works
    35  bids and contracts solicited on or after such effective date  and  shall
    36  expire  and  be  deemed  repealed  three years from such effective date;
    37  provided, that any contractor or  subcontractor  who  is  ineligible  to
    38  submit  a  bid  on  any  public work contract pursuant to this act shall
    39  remain ineligible as long as  the  name  of  the  person  or  entity  is
    40  published in the list of debarred contractors pursuant to 40 U.S.C. 3144
    41  notwithstanding such repeal of this act; provided, further however, this
    42  act  shall  not  apply  retroactively  to  previously issued or existing
    43  public works contracts,  with  the  state,  any  municipal  corporation,
    44  public benefit corporation or public body.