Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to consumer protection |
Feb 17, 2015 |
referred to consumer protection |
Senate Bill S3749
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
co-Sponsors
(D) Senate District
2015-S3749 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง399-k, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4937
2011-2012: S2967
2013-2014: S1717
2017-2018: S2314
2015-S3749 (ACTIVE) - Summary
Promotes fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects; permits any person to bring a civil action for the recovery of damages against the winning bidder if the winning bidder has violated the labor law by failing to pay the prevailing wage on a construction project; authorizes attorney general enforcement and a private right of action; makes related provisions.
2015-S3749 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3749 TITLE OF BILL: An act to amend the general business law, in relation to promoting fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects PURPOSE OR GENERAL IDEA OF BILL: This bill promotes fairness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work construction projects. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 399-K. It defines "person" to include individual, organization, school district, corporation, partnership or other business entity; and "construction project" to include any project which is subject to the provisions of article eight of the labor law and which involves 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. The section allows any person to bring a civil action for the recovery
2015-S3749 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3749 2015-2016 Regular Sessions I N S E N A T E February 17, 2015 ___________ Introduced by Sens. ESPAILLAT, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to promoting fair- ness in competitive bidding by providing for enforcement of prevailing wage provisions applicable to public work 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-k to read as follows: S 399-K. FAIRNESS IN COMPETITIVE BIDDING. 1. FOR THE PURPOSES OF THIS SECTION: (A) THE TERM "PERSON" SHALL INCLUDE ANY INDIVIDUAL, ORGANIZA- TION, ASSOCIATION, SCHOOL DISTRICT, LOCAL GOVERNMENT, CORPORATION, PART- NERSHIP, LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY; AND (B) THE TERM "CONSTRUCTION PROJECT" SHALL INCLUDE ANY PROJECT WHICH IS SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW AND WHICH INVOLVES 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 MAY BRING A CIVIL ACTION FOR THE RECOVERY OF DAMAGES AGAINST THE WINNING BIDDER IF THE WINNING BIDDER HAS VIOLATED THE LABOR LAW BY FAILING TO PAY THE PREVAILING WAGE ON A CONSTRUCTION PROJECT. SUCH AN ACTION MAY BE MAINTAINED SOLELY BY THE PERSON BRINGING THE ACTION, OR BY SUCH PERSON, TOGETHER WITH THE ATTORNEY GENERAL. IF THE WINNING BIDDER IS FOUND NOT TO BE PAYING THE PREVAILING WAGE, THE PRESUMPTIVE MEASURE OF DAMAGES IS THE VALUE OF THE CONTRACT FOR THE CONSTRUCTION PROJECT. (B) A COPY OF THE COMPLAINT AND WRITTEN DISCLOSURE OF SUBSTANTIALLY ALL MATERIAL EVIDENCE AND INFORMATION THAT THE PERSON POSSESSES SHALL BE SERVED ON THE OFFICE OF THE ATTORNEY GENERAL PURSUANT TO THE CIVIL PRAC- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08538-01-5
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