Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the US department of labor under the Davis-Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.
STATE OF NEW YORK
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4018--A
2011-2012 Regular Sessions
IN SENATE
March 14, 2011
___________
Introduced by Sens. DeFRANCISCO, RANZENHOFER, SEWARD -- read twice and
ordered printed, and when printed to be committed to the Committee on
Labor -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. Section 220 of the labor law is amended by adding a new
2 subdivision 3-f to read as follows:
3 3-f. In order to prevent employers from using public work, as defined
4 in this article, as a disproportionate or exclusive source of funding
5 for benefits that are in fact continuous in nature and are part of the
6 regular compensation for all employee work whether public or private,
7 the commissioner shall direct that the proper payment of supplements
8 shall be calculated by employing the annualization methodology utilized
9 by the United States department of labor in calculations under the Davis
10 Bacon Act of 1931, as amended, 40 USC. § 276(a)-276-a-7.
11 § 2. Paragraph b of subdivision 3 of section 220-b of the labor law is
12 amended by adding a new subparagraph 3 to read as follows:
13 (3) When any contractor or subcontractor is debarred for violations of
14 the Davis Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12, such
15 contractor or subcontractor, and any firm, corporation, partnership or
16 association in which the person or entity owns or controls at least
17 fifty-one per centum, shall be ineligible to be awarded any public works
18 contract with the state, any municipal corporation, public benefit
19 corporation or public body for a period not to exceed the period of
20 debarment determined or decided pursuant to such act. The department
21 shall provide written notice to the person or entity immediately of such
22 ineligibility pursuant to this subparagraph and such person or entity
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05141-02-1
S. 4018--A 2
1 shall be afforded the opportunity to be heard by the department within
2 thirty calendar days of the department's written notice.
3 § 3. Section 103 of the general municipal law is amended by adding a
4 new subdivision 1-c to read as follows:
5 1-c. In determining the lowest responsible bidder, the officer, board
6 or agency of any political subdivision or of any district therein
7 charged with awarding of contracts, shall consider whether or not the
8 bidder, or a person or entity with an interest of at least fifty-one per
9 centum in the bidder, is debarred pursuant to paragraph b of subdivision
10 three of section two hundred twenty-b of the labor law, in making such
11 determination of award.
12 § 4. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law and shall apply to all contracts and agree-
14 ments entered into on and after such date. Effective immediately, the
15 addition, amendment and/or repeal of any rule or regulation necessary
16 for the implementation of this act on its effective date is authorized
17 and directed to be made and completed on or before such effective date.
