Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to labor |
Apr 27, 2009 |
referred to labor |
Senate Bill S5211
2009-2010 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
2009-S5211 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2072
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd ยง220, Lab L
2009-S5211 (ACTIVE) - Summary
Creates a cause of action for damages by any contractor, subcontractor or employee thereof, whose bid on a public works contract was rejected, against the contractor or subcontractor whose bid was accepted in lieu thereof and who knowingly fails to provide unemployment, workers' compensation and disability benefits.
2009-S5211 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5211 TITLE OF BILL : An act to amend the labor law, in relation to an action for damages for failure to provide unemployment, workers' compensation and disability benefits to workers on public works contracts PURPOSE OR GENERAL IDEA OF BILL : Creates a cause of action against a public works contractor for failure to provide certain employee benefits. SUMMARY OF SPECIFIC PROVISIONS : Section 1 adds a new subdivision 10 to section 220 of the labor law, thereby creating a cause of action for damages by an unsuccessful bidder on a public works contract, or an employee thereof, against the contractor or subcontractor who was the successful bidder when: (i) the unsuccessful bidder was damaged by its bid not being accepted; and (ii) the successful bidder knowingly violated provisions of Article l8 of the labor law and/or Articles 4 and 9 of the workers' compensation law. JUSTIFICATION : In many instances contractors or subcontractors who have
2009-S5211 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5211 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ 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, in relation to an action for damages for failure to provide unemployment, workers' compensation and disability benefits to workers on public works contracts 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 10 to read as follows: 10. ANY CONTRACTOR OR SUBCONTRACTOR, OR EMPLOYEE THEREOF, WHO IS DAMAGED DUE TO A BID SUBMITTED BY SUCH CONTRACTOR OR SUBCONTRACTOR PURSUANT TO THIS SECTION NOT BEING ACCEPTED AND THE BID OF ANOTHER CONTRACTOR OR SUBCONTRACTOR, WHO KNOWINGLY VIOLATES THE PROVISIONS OF ARTICLES FOUR AND NINE OF THE WORKERS' COMPENSATION LAW AND/OR ARTICLE EIGHTEEN OF THIS CHAPTER, BEING ACCEPTED IN LIEU THEREOF SHALL HAVE A CAUSE OF ACTION FOR DAMAGES AGAINST THE CONTRACTOR OR SUBCONTRACTOR WHO WAS AWARDED THE CONTRACT. SUCH ACTION MAY BE BROUGHT IN THE SUPREME COURT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04144-01-9
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