S T A T E   O F   N E W   Y O R K
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                                  5414

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by M. of A. BRONSON -- Multi-Sponsored by -- M. of A. ABBATE
  -- read once and referred to the Committee on Labor

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. 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 PERSON OR ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLI-
GATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT  PURSUANT  TO  40  U.S.C.
3144  AND  29 C.F.R. 5.12, SUCH PERSON OR ENTITY, AND ANY "SUBSTANTIALLY
OWNED-AFFILIATED ENTITY" AS DEFINED BY PARAGRAPH G OF  SUBDIVISION  FIVE
OF  SECTION  TWO  HUNDRED TWENTY OF THIS ARTICLE, SHALL BE INELIGIBLE TO
SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORKS CONTRACT WITH THE  STATE,
ANY  MUNICIPAL  CORPORATION,  PUBLIC  BENEFIT CORPORATION OR PUBLIC BODY
WHILE THE NAME OF THE PERSON OR ENTITY  IS  PUBLISHED  IN  THE  LIST  OF
DEBARRED CONTRACTORS PURSUANT TO 40 U.S.C. 3144. WHERE A PERSON OR ENTI-
TY  IS DETERMINED TO BE INELIGIBLE PURSUANT TO THIS SUBPARAGRAPH BECAUSE
IT IS CONSIDERED A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY," SUCH  PERSON
OR  ENTITY SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE DEPARTMENT AND
SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL THE  INELIGIBILITY  DETERMI-
NATION TO THE DEPARTMENT.
  S  2.  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  ANY  "SUBSTANTIALLY  OWNED-AFFILIATED ENTITY" AS DEFINED BY
PARAGRAPH G OF SUBDIVISION FIVE OF SECTION TWO  HUNDRED  TWENTY  OF  THE
LABOR  LAW,  HAS  BEEN  FOUND  TO BE IN VIOLATION OF THE DAVIS-BACON ACT
PURSUANT TO 40 U.S.C. 3144, THE COPELAND ACT PURSUANT TO 18  U.S.C.  874

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08876-01-5
              

A. 5414                             2

AND  40  U.S.C. 3145 OR THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
PURSUANT TO 40 U.S.C. 332.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law and shall apply to all public work bids and
contracts solicited on or after such effective date; provided,  however,
this  act shall not apply retroactively to previously issued or existing
public work contracts, with the state, any municipal corporation, public
benefit corporation or public body.