Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to labor |
Jan 05, 2017 |
referred to labor |
Senate Bill S828
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
2017-S828 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§220 & 220-b, Lab L; amd §103, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4309
2011-2012: S4018
2013-2014: S3361
2015-2016: S5695
2017-S828 (ACTIVE) - Summary
Authorizes the commissioner of labor to calculate proper payment of supplements by an annualization methodology utilized by the U.S. department of labor under the Davis Bacon Act of 1931; provides for the application of such method to be uniformly applied in every investigation.
2017-S828 (ACTIVE) - Sponsor Memo
BILL NUMBER: S828 TITLE OF BILL : An act to amend the labor law and the general municipal law, in relation to ensuring consistency with the federal Davis Bacon Act for calculation of payments for supplements and reciprocity of debarments PURPOSE : Directs the Commissioner of Labor to direct that the proper payment of supplements shall be calculated by employing the annualization methodology utilized by the U.S. Department of Labor in such calculations under the Davis Bacon Act. SUMMARY OF PROVISIONS : Section 1 -- Adds a new subdivision 3-f to Section 220 of the Labor Law, dealing with contracts involving public work, to prevent employers from using public work 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 be calculated using an annualization methodology. In order to protect workers and ensure consistency of application, the Commissioner shall employ the annualization
2017-S828 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 828 2017-2018 Regular Sessions I N S E N A T E January 5, 2017 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee 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 U.S.C. § 276(A)-276-A-7. § 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.
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