S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7800

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Labor

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:

  Section  1.  Section  220  of the labor law is amended by adding a new
subdivision 3-f to read as follows:
  3-F. IN ORDER TO PREVENT EMPLOYERS FROM USING PUBLIC WORK, AS  DEFINED
IN  THIS  ARTICLE,  AS A DISPROPORTIONATE OR EXCLUSIVE SOURCE OF FUNDING
FOR BENEFITS THAT ARE IN FACT CONTINUOUS IN NATURE AND ARE PART  OF  THE
REGULAR  COMPENSATION  FOR  ALL EMPLOYEE WORK WHETHER PUBLIC OR PRIVATE,
THE COMMISSIONER SHALL DIRECT THAT THE  PROPER  PAYMENT  OF  SUPPLEMENTS
SHALL  BE CALCULATED BY EMPLOYING THE ANNUALIZATION METHODOLOGY UTILIZED
BY THE UNITED STATES DEPARTMENT OF LABOR IN CALCULATIONS UNDER THE DAVIS
BACON ACT OF 1931, AS AMENDED, 40 USC. S 276(A)-276-A-7.
  S 2. Paragraph b of subdivision 3 of section 220-b of the labor law is
amended by adding a new subparagraph 3 to read as follows:
  (3) WHEN ANY CONTRACTOR OR SUBCONTRACTOR IS DEBARRED FOR VIOLATIONS OF
THE DAVIS BACON ACT PURSUANT TO 40 U.S.C. 3144 AND 29 C.F.R. 5.12,  SUCH
CONTRACTOR  OR  SUBCONTRACTOR, AND ANY FIRM, CORPORATION, PARTNERSHIP OR
ASSOCIATION IN WHICH THE PERSON OR ENTITY  OWNS  OR  CONTROLS  AT  LEAST
FIFTY-ONE PER CENTUM, SHALL BE INELIGIBLE TO BE AWARDED ANY PUBLIC WORKS
CONTRACT  WITH  THE  STATE,  ANY  MUNICIPAL  CORPORATION, PUBLIC BENEFIT
CORPORATION OR PUBLIC BODY FOR A PERIOD NOT  TO  EXCEED  THE  PERIOD  OF
DEBARMENT  DETERMINED  OR  DECIDED  PURSUANT TO SUCH ACT. THE DEPARTMENT
SHALL PROVIDE WRITTEN NOTICE TO THE PERSON OR ENTITY IMMEDIATELY OF SUCH
INELIGIBILITY PURSUANT TO THIS SUBPARAGRAPH AND SUCH  PERSON  OR  ENTITY
SHALL  BE  AFFORDED THE OPPORTUNITY TO BE HEARD BY THE DEPARTMENT WITHIN
THIRTY CALENDAR DAYS OF THE DEPARTMENT'S WRITTEN NOTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08400-01-3
              

A. 7800                             2

  S 3. Section 103 of the general municipal law is amended by  adding  a
new subdivision 1-c to read as follows:
  1-C.  IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE OFFICER, BOARD
OR AGENCY OF ANY  POLITICAL  SUBDIVISION  OR  OF  ANY  DISTRICT  THEREIN
CHARGED  WITH  AWARDING  OF CONTRACTS, SHALL CONSIDER WHETHER OR NOT THE
BIDDER, OR A PERSON OR ENTITY WITH AN INTEREST OF AT LEAST FIFTY-ONE PER
CENTUM IN THE BIDDER, IS DEBARRED PURSUANT TO PARAGRAPH B OF SUBDIVISION
THREE OF SECTION TWO HUNDRED TWENTY-B OF THE LABOR LAW, IN  MAKING  SUCH
DETERMINATION OF AWARD.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law and shall apply to all contracts and agree-
ments entered into on and after such date.  Effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.