Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
Feb 07, 2013 |
referred to labor |
Assembly Bill A4688
2013-2014 Legislative Session
Sponsored By
PERRY
Archive: Last Bill Status - In Assembly 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
multi-Sponsors
Vivian Cook
Richard Gottfried
Rhoda Jacobs
Jose Rivera
2013-A4688 (ACTIVE) - Details
2013-A4688 (ACTIVE) - Summary
Creates a right of action in favor of a contractor whose bid is denied against the winning bidder where such winning bidder knowingly misclassified one or more of its employees as independent contractors to avoid paying workers' compensation premiums on such employee; provides for payment of damages by the winning bidder.
2013-A4688 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4688 2013-2014 Regular Sessions I N A S S E M B L Y February 7, 2013 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COOK, GOTTFRIED, JACOBS, RIVERA, ROBINSON -- read once and referred to the Committee on Labor AN ACT to amend the general business law, in relation to a right of action for violation of statutes in bids on construction projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-ff to read as follows: S 399-FF. FAIRNESS IN COMPETITIVE BIDDING. 1. FOR THE PURPOSE OF THIS SECTION: (A) THE TERM "PERSON" SHALL INCLUDE ANY INDIVIDUAL, FIRM, ASSOCIATION, PARTNERSHIP OR CORPORATION. (B) THE TERM "CONSTRUCTION PROJECT" SHALL INCLUDE ANY PROJECT INVOLV- ING THE CONSTRUCTION, MODERNIZATION, IMPROVEMENT, REHABILITATION, REPAIR, MAINTENANCE, REPLACEMENT OR RENOVATION OF A BUILDING, ROAD OR STRUCTURE, OR ANY PORTION OF SUCH A PROJECT PERFORMED PURSUANT TO A SUBCONTRACTING ARRANGEMENT. 2. (A) ANY PERSON WHOSE COMPETITIVE BID FOR A CONSTRUCTION PROJECT HAS BEEN REJECTED AND INSTEAD AWARDED TO ANOTHER PERSON MAY BRING AN ACTION FOR DAMAGES IN A COURT OF COMPETENT JURISDICTION AGAINST THE WINNING BIDDER IF THE WINNING BIDDER HAS VIOLATED THE LABOR LAW OR THE WORKERS' COMPENSATION LAW BY FAILING TO PAY REQUIRED TAXES OR SECURE INSURANCE PURSUANT TO SUCH LAWS FOR ANY REASON INCLUDING MISCLASSIFYING ONE OR MORE OF ITS WORKERS OTHER THAN AN EMPLOYEE IN ITS BID COST. (B) THE DETERMINATION WHETHER A WORKER ON A CONSTRUCTION PROJECT IS PROPERLY CLASSIFIED AS AN EMPLOYEE SHALL BE MADE IN ACCORDANCE WITH APPLICABLE STATE LAW. 3. (A) A PARTY UNSUCCESSFULLY BIDDING ON A CONSTRUCTION PROJECT WILL BE DEEMED TO HAVE SUFFERED AN INJURY BY VIRTUE OF NOT HAVING BEEN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00081-01-3
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