S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1845
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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.
   §  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.
              

                                                            LBD06798-01-7

 A. 1845                             2
 
 AND  40  U.S.C. 3145 OR THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
 PURSUANT TO 40 U.S.C. 332.
   § 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 works bids and
 contracts solicited on or after such effective date; provided,  however,
 this  act shall not apply retroactively to previously issued or existing
 public works contracts,  with  the  state,  any  municipal  corporation,
 public benefit corporation or public body.