Assembly Bill A7726

2023-2024 Legislative Session

Relates to making contractors and subcontractors that have been debarred under the Davis-Bacon Act (40 U.S.C. 3144) ineligible to bid for or be awarded public works contracts

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Current Bill Status - In Assembly 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

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2023-A7726 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §220-b, Lab L; amd §103, Gen Muni L

2023-A7726 (ACTIVE) - Summary

Relates to making contractors, subcontractors, and substantially owned-affiliated entities that have been debarred under the Davis-Bacon Act (40 U.S.C. 3144) ineligible to bid for or be awarded public works contracts.

2023-A7726 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7726
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law and the general municipal law, in relation
   to  requiring  certain entities to disclose if they have been debarred
   from being awarded public contracts
 
   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 4 to read as follows:
   (4) (I) WHEN ANY CONTRACTOR, SUBCONTRACTOR, OR PERSON IS  DEBARRED  BY
 THE  FEDERAL  OR ANY STATE OR TERRITORIAL GOVERNMENT,  FOR HAVING DISRE-
 GARDED OBLIGATIONS TO EMPLOYEES UNDER THE DAVIS-BACON ACT PURSUANT TO 40
 U.S.C.  3144, SUCH CONTRACTOR, SUBCONTRACTOR, OR PERSON SHALL BE  INELI-
 GIBLE TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT WITH THE
 STATE  OR  ANY  MUNICIPAL  CORPORATION,  PUBLIC  BENEFIT CORPORATION, OR
 PUBLIC BODY DURING SUCH PERIOD OF DEBARMENT.
   (II) WHEN THE FISCAL OFFICER DETERMINES THAT A CONTRACTOR, SUBCONTRAC-
 TOR OR PERSON IS A "SUBSTANTIALLY OWNED-AFFILIATED ENTITY",  AS  DEFINED
 BY PARAGRAPH G OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THIS
 ARTICLE,  IN RELATION TO A CONTRACTOR, SUBCONTRACTOR, OR PERSON DEBARRED
 UNDER CLAUSE (I) OF THIS SUBPARAGRAPH, SUCH SUBSTANTIALLY  OWNED-AFFILI-
 ATED ENTITY SHALL BE INELIGIBLE TO SUBMIT A BID OR BE AWARDED ANY PUBLIC
 WORK  CONTRACT WITH THE STATE OR ANY MUNICIPAL CORPORATION, PUBLIC BENE-
 FIT CORPORATION, OR PUBLIC BODY FOR THE DURATION OF THE REMAINING PERIOD
 OF DEBARMENT OF SUCH CONTRACTOR, SUBCONTRACTOR, OR PERSON DEBARRED UNDER
 CLAUSE (I) OF THIS SUBPARAGRAPH. IN ORDER FOR A SUBSTANTIALLY  OWNED-AF-
 FILIATED  ENTITY  TO  BE DEBARRED PURSUANT TO THIS CLAUSE, SUCH SUBSTAN-
 TIALLY OWNED-AFFILIATED ENTITY MUST HAVE HAD SUBSTANTIAL INVOLVEMENT  IN
 THE  DAY  TO  DAY MANAGEMENT OF THE CONTRACTOR, SUBCONTRACTOR, OR PERSON
 DEBARRED UNDER CLAUSE (I) OF THIS SUBPARAGRAPH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11687-01-3
 A. 7726                             2

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