NY State Senate Bill 2023-S9398

Senate Bill S9398

2023-2024 Legislative Session

Requires the workers' compensation board and the department of labor to publish lists of debarred entities

download bill text pdf

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2024	referred to labor

2023-S9398 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §141-b, Work Comp L; amd §§220-b, 239-a, 861-e & 862-d, Lab L; add §203-c, Exec L

2023-S9398 (ACTIVE) - Summary

Requires the workers' compensation board and the department of labor to publish lists of debarred entities as open data; directs the office of general services to maintain and publish such lists on their website.

2023-S9398 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9398

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, the labor law, and the
executive law, in relation to requiring the workers' compensation board
and the department of labor to publish lists of debarred entities as
open data

 
PURPOSE:

To increase transparency of the list of entities that have been debarred
for labor and other violations through publication of lists as open
data.

 
SUMMARY OF PROVISIONS:

Section 1. amends Section 141-b of Article 8 of Chapter 67 of the Work-
ers' Compensation Law to require the Workers Compensation Board to main-
tain and publish a list of persons or entities that are non-responsible
or ineligible to bid on future contracts or grants due to violations of

this section in open data format on its website as required by Executive
Order 192 of 2019. It also requires the Board to transit the list to the
Office of General Services for publishing on the state's open data
portal, data.ny.gov.

Section 2. amends Section 220-b of Article 8 of Chapter 31 of the Labor
Law to require the Department of Labor to maintain and publish a list of
persons or entities that are non-responsible or ineligible to bid on
future contracts or grants due to violations of this section in open
data format on its website as required by Executive Order 192 of 2019.
It also requires the Department to transit the list to the Office of
General Services for publishing on the state's open data portal,
data.ny.gov.

Section 3. amends Section 239-a of Article 9 of Chapter 31 of the Labor
Law to require the Department of Labor to maintain and publish a list of
persons or entities that are non-responsible or ineligible to bid on
future contracts or grants due to violations of this section in open
data format on its website as required by Executive Order 192 of 2019.
It also requires the Department to transit the list to the Office of
General Services for publishing on the state's open data portal,
data.ny.gov.

Section 4. amends Section 861-e of Article 25-B of Chapter 31 of the
Labor Law to require the Department of Labor to maintain and publish a
list of persons or entities that are non-responsible or ineligible to
bid on future contracts or grants due to violations of this section in
open data format on its website as required by Executive Order 192 of
2019. It also requires the Department to transit the list to the Office
of General Services for publishing on the state's open data portal,
data.ny.gov.

Section 5. Amends Section 862-d of Article 25-B of Chapter 31 of the
Labor Law to require the Department of Labor to maintain and publish a
list of persons or entities that are non-responsible or ineligible to
bid on future contracts or grants due to violations of this section in
open data format on its website as required by Executive Order 192 of
2019. It also requires the Department to transit the list to the Office
of General Services for publishing on the state's open data portal,
data.ny.gov.

Section 6. adds a new 203-c to Chapter 18, Article 10 of the Executive
Law to require the Office of General Services to maintain and publish
within five days of receipt a list of persons and entities determined to
be non-responsible or ineligible to bid on future contracts or grants in
an open data format on its website, pursuant to Executive Order 192 of
2019. It also requires the Office of General Services to publish said
lists and preserve row-level data of current and prior persons or enti-
ties on data.ny.gov, pursuant to Executive Order 95 of 2013.

Section 7. sets the effective date

 
JUSTIFICATION:

New York State has provisions to debar or find non-responsive persons or
entities with labor or other violations to ensure that bad actors are
not able to get state contracts or grants. While Executive Order 192 of
2019 attempted to make lists of debarred entities available in a
centralized location, the way information is currently shared does not
meet best practices for transparency, such as publishing the lists in an
open data format.

Under Executive Order 192 of 2019, the Office of General Services is
required to publish on its website the persons or entities that have
been debarred or found to be non0-responsive due to labor or other
violations. Additionally, state entities such as the Workers Compen-
sation Board and Department of Labor are required to maintain informa-
tion on such entities that have been debarred or deemed non-responsible,
and to submit a list of contractors to the Office of General Services.

The Office of General Services maintains a website of debarred and non-
responsive entities at https://ogs.ny.gov/debarred-and-non- responsi-
ble-entities, which links to the Department of Labor's website, which
provides a database of debarred entities as determined by the Dept of
Labor or Workers Compensation Board at
https://apps.labor.ny.gov/EDList/searchPage.do.

Currently, the OGS lists and Department of Labor database of debarred
and non-responsive persons and entities are not available in open data
format, as required by Executive Order 95 of 2013, and only entities
that are currently debarred or deemed non-responsive appear on the
websites. Additionally, there is no way to obtain a full list of enti-
ties and persons currently debarred by the Workers Compensation Board,
or understand which entities were previously debarred or found non-res-
ponsive, and are now again eligible for contracts or grants.

The lack of open data for debarred and non-responsive entities severely
limits the usefulness of the lists maintained by state agencies, and
risks entities with labor and other violations being awarded contracts
or grants by the state, or other jurisdictions.

Additionally, making the list of current and prior debarred and non-res-
ponsive entities more accessible will allow researchers, journalists and
enforcement officials to have more complete information about those who
have done business with the state. Providing open data of current and
prior bad actors in the contracting sphere will help shine a light on
these entities, and ensure that bad actors don't slip through the cracks
and benefit from contracts or grants paid for with public dollars.

 
FISCAL IMPACT:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9398 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9398
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, the labor  law,  and  the
   executive  law,  in  relation  to  requiring the workers' compensation
   board and the department of labor to publish lists of  debarred  enti-
   ties as open data

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 141-b of the workers' compensation law, as added by
 chapter 6 of the laws of 2007, is amended to read as follows:
   § 141-b. Suspension and debarment. 1. Any person subject  to  a  final
 assessment of civil fines or penalties or a stop-work order, or that has
 been  convicted of a misdemeanor for a violation of sections twenty-six,
 fifty-two or one hundred thirty-one of this chapter,  and  any  substan-
 tially-owned  affiliated  entity  of such person, shall be ineligible to
 submit a bid on or be awarded any public work  contract  or  subcontract
 with the state, any municipal corporation or public body for a period of
 one  year  from  the  final  determination  or  conviction.  Any  person
 convicted of a  felony  under  this  article,  or  a  misdemeanor  under
 sections  one  hundred twenty-five and one hundred twenty-five-a of this
 chapter shall be ineligible to submit a bid on or be awarded any  public
 work  contract  or subcontract with the state, any municipal corporation
 or public body for a period of five years from such conviction.
   2. THE BOARD SHALL MAINTAIN AND PUBLISH A LIST  OF  PERSONS,  CONTRAC-
 TORS, VENDORS, OR GRANTEES THAT HAVE BEEN DETERMINED TO BE NON-RESPONSI-
 BLE  OR INELIGIBLE TO BID ON FUTURE CONTRACTS OR GRANTS PURSUANT TO THIS
 CHAPTER.   SUCH LIST SHALL BE  PUBLISHED  IN  MACHINE  READABLE  TABULAR
 FORMAT  ON THE BOARD'S WEBSITE. THIS LIST SHALL INCLUDE THE NAME, VENDOR
 IDENTIFICATION NUMBER, FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND BUSI-
 NESS ADDRESS OF SUCH CONTRACTOR, VENDOR, OR GRANTEE, THE  DATE  AND  THE
 BASIS  OF  THE  DETERMINATION,  AND  DEBARMENT  END  DATE,  AND SHALL BE
 PROVIDED IN A MANNER AND FOR THE LENGTH OF TIME DETERMINED BY THE OFFICE
 OF GENERAL SERVICES PURSUANT TO EXECUTIVE ORDER  192  OF  2019  OR  SUCH
 SUCCESSOR  AGENCY  OR  ORDER. THE BOARD SHALL ALSO TRANSMIT SUCH LIST TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14791-01-4
 S. 9398                             2
 
 THE OFFICE OF GENERAL SERVICES, WHICH SHALL PUBLISH  SUCH  LIST  ON  ITS
 WEBSITE  AND MAINTAIN AN ARCHIVE OF CURRENT AND PRIOR NON-RESPONSIBLE OR
 INELIGIBLE PERSONS, CONTRACTORS, VENDORS, AND GRANTEES ON DATA.NY.GOV OR
 SUCH  OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE,
 AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION  TECH-
 NOLOGY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGEN-
 CY OR ORDER.
   §  2.  Subdivision  3  of section 220-b of the labor law is amended by
 adding a new paragraph d to read as follows:
   D. THE DEPARTMENT SHALL  MAINTAIN  AND  PUBLISH  A  LIST  OF  PERSONS,
 CONTRACTORS,  VENDORS,  OR GRANTEES THAT HAVE BEEN DETERMINED TO BE NON-
 RESPONSIBLE OR INELIGIBLE TO BID ON FUTURE CONTRACTS OR GRANTS  PURSUANT
 TO  THIS CHAPTER. SUCH LIST SHALL BE PUBLISHED IN MACHINE READABLE TABU-
 LAR FORMAT ON ITS WEBSITE. THIS LIST  SHALL  INCLUDE  THE  NAME,  VENDOR
 IDENTIFICATION NUMBER, FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND BUSI-
 NESS  ADDRESS  OF  SUCH CONTRACTOR, VENDOR, OR GRANTEE, THE DATE AND THE
 BASIS OF THE  DETERMINATION,  AND  DEBARMENT  END  DATE,  AND  SHALL  BE
 PROVIDED IN A MANNER AND FOR THE LENGTH OF TIME DETERMINED BY THE OFFICE
 OF  GENERAL  SERVICES  PURSUANT  TO  EXECUTIVE ORDER 192 OF 2019 OR SUCH
 SUCCESSOR AGENCY OR ORDER. THE DEPARTMENT SHALL ALSO TRANSMIT SUCH  LIST
 TO  THE OFFICE OF GENERAL SERVICES, WHICH SHALL PUBLISH SUCH LIST ON ITS
 WEBSITE AND MAINTAIN AN ARCHIVE OF CURRENT AND PRIOR NON-RESPONSIBLE  OR
 INELIGIBLE PERSONS, CONTRACTORS, VENDORS, AND GRANTEES ON DATA.NY.GOV OR
 SUCH  OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE,
 AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION  TECH-
 NOLOGY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGEN-
 CY OR ORDER.
   §  3.  Section 239-a of the labor law, as amended by chapter 88 of the
 laws of 2021, is amended to read as follows:
   § 239-a. Enforcement of article. 1. If the fiscal officer, as  defined
 herein,  finds  that any contractor on service work fails to comply with
 or evades the provisions of this article, [he] SUCH OFFICER shall  pres-
 ent  evidence  of  such  noncompliance  or  evasion to the public agency
 having charge of such work for enforcement. Where  such  evidence  indi-
 cates  a  noncompliance  or  evasion on the part of a subcontractor, the
 contractor shall be responsible for such noncompliance  or  evasion.  It
 shall be the duty of the public agency in charge of such service work to
 enforce the provisions of this article.
   2.  THE  DEPARTMENT  SHALL  MAINTAIN  AND  PUBLISH  A LIST OF PERSONS,
 CONTRACTORS, VENDORS, OR GRANTEES THAT HAVE BEEN DETERMINED TO  BE  NON-
 RESPONSIBLE  OR INELIGIBLE TO BID ON FUTURE CONTRACTS OR GRANTS PURSUANT
 TO THIS CHAPTER.  SUCH LIST SHALL BE PUBLISHED IN MACHINE READABLE TABU-
 LAR FORMAT ON ITS WEBSITE. THIS LIST  SHALL  INCLUDE  THE  NAME,  VENDOR
 IDENTIFICATION NUMBER, FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND BUSI-
 NESS  ADDRESS  OF  SUCH CONTRACTOR, VENDOR, OR GRANTEE, THE DATE AND THE
 BASIS OF THE  DETERMINATION,  AND  DEBARMENT  END  DATE,  AND  SHALL  BE
 PROVIDED IN A MANNER AND FOR THE LENGTH OF TIME DETERMINED BY THE OFFICE
 OF  GENERAL  SERVICES  PURSUANT  TO  EXECUTIVE ORDER 192 OF 2019 OR SUCH
 SUCCESSOR AGENCY OR ORDER. THE DEPARTMENT SHALL ALSO TRANSMIT SUCH  LIST
 TO  THE OFFICE OF GENERAL SERVICES, WHICH SHALL PUBLISH SUCH LIST ON ITS
 WEBSITE AND MAINTAIN AN ARCHIVE OF CURRENT AND PRIOR NON-RESPONSIBLE  OR
 INELIGIBLE PERSONS, CONTRACTORS, VENDORS, AND GRANTEES ON DATA.NY.GOV OR
 SUCH  OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE,
 AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION  TECH-
 NOLOGY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGEN-
 CY OR ORDER.
 S. 9398                             3
 
   §  4.  Subdivision  7  of  section 861-e of the labor law, as added by
 chapter 418 of the laws of 2010, is amended to read as follows:
   7.  (A)  Any  contractor  or  any  officer  or shareholder who owns or
 controls at least ten percent of the outstanding stock  of  such  corpo-
 ration  that  has  been  convicted  of a misdemeanor shall be subject to
 debarment and be ineligible to submit a bid on or be awarded any  public
 works contract with the state, any municipal corporation, public benefit
 corporation,  public  authority or public body for a period of up to one
 year from the date of such conviction or final determination, or  up  to
 five years in the event of any subsequent violation.
   (B)  THE  DEPARTMENT  SHALL  MAINTAIN  AND  PUBLISH A LIST OF PERSONS,
 CONTRACTORS, VENDORS, OR GRANTEES THAT HAVE BEEN DETERMINED TO  BE  NON-
 RESPONSIBLE  OR INELIGIBLE TO BID ON FUTURE CONTRACTS OR GRANTS PURSUANT
 TO THIS CHAPTER. SUCH LIST SHALL BE PUBLISHED IN MACHINE READABLE  TABU-
 LAR  FORMAT  ON  ITS  WEBSITE.  THIS LIST SHALL INCLUDE THE NAME, VENDOR
 IDENTIFICATION NUMBER, FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND BUSI-
 NESS ADDRESS OF SUCH CONTRACTOR, VENDOR, OR GRANTEE, THE  DATE  AND  THE
 BASIS  OF  THE  DETERMINATION,  AND  DEBARMENT  END  DATE,  AND SHALL BE
 PROVIDED IN A MANNER AND FOR THE LENGTH OF TIME DETERMINED BY THE OFFICE
 OF GENERAL SERVICES PURSUANT TO EXECUTIVE ORDER  192  OF  2019  OR  SUCH
 SUCCESSOR  AGENCY OR ORDER. THE DEPARTMENT SHALL ALSO TRANSMIT SUCH LIST
 TO THE OFFICE OF GENERAL SERVICES, WHICH SHALL PUBLISH SUCH LIST ON  ITS
 WEBSITE  AND MAINTAIN AN ARCHIVE OF CURRENT AND PRIOR NON-RESPONSIBLE OR
 INELIGIBLE PERSONS, CONTRACTORS, VENDORS, AND GRANTEES ON DATA.NY.GOV OR
 SUCH OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE  STATE,
 AS  DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION TECH-
 NOLOGY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGEN-
 CY OR ORDER.
   § 5. Subdivision 7 of section 862-d of the  labor  law,  as  added  by
 chapter 558 of the laws of 2013, is amended to read as follows:
   7.  (A)  Any commercial goods transportation contractor or any officer
 or shareholder who  owns  or  controls  at  least  ten  percent  of  the
 outstanding  stock  of  such  corporation  that  has been convicted of a
 misdemeanor shall be subject to debarment and be ineligible to submit  a
 bid  on  or  be  awarded  any  public works contract with the state, any
 municipal corporation, public benefit corporation, public  authority  or
 public  body  for  a  period  of  up  to  one year from the date of such
 conviction or final determination, or up to five years in the  event  of
 any subsequent violation.
   (B)  THE  DEPARTMENT  SHALL  MAINTAIN  AND  PUBLISH A LIST OF PERSONS,
 CONTRACTORS, VENDORS, OR GRANTEES, THAT HAVE BEEN DETERMINED TO BE  NON-
 RESPONSIBLE  OR INELIGIBLE TO BID ON FUTURE CONTRACTS OR GRANTS PURSUANT
 TO THIS CHAPTER.  SUCH LIST SHALL BE PUBLISHED IN MACHINE READABLE TABU-
 LAR FORMAT ON ITS WEBSITE. THIS LIST  SHALL  INCLUDE  THE  NAME,  VENDOR
 IDENTIFICATION NUMBER, FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND BUSI-
 NESS  ADDRESS  OF  SUCH CONTRACTOR, VENDOR, OR GRANTEE, THE DATE AND THE
 BASIS OF THE  DETERMINATION,  AND  DEBARMENT  END  DATE,  AND  SHALL  BE
 PROVIDED IN A MANNER AND FOR THE LENGTH OF TIME DETERMINED BY THE OFFICE
 OF  GENERAL  SERVICES  PURSUANT  TO  EXECUTIVE ORDER 192 OF 2019 OR SUCH
 SUCCESSOR AGENCY OR ORDER. THE DEPARTMENT SHALL ALSO TRANSMIT SUCH  LIST
 TO  THE  OFFICE  OF  GENERAL SERVICES WHO SHALL PUBLISH SUCH LIST ON ITS
 WEBSITE AND MAINTAIN AN ARCHIVE OF CURRENT AND PRIOR NON-RESPONSIBLE  OR
 INELIGIBLE PERSONS, CONTRACTORS, VENDORS, AND GRANTEES ON DATA.NY.GOV OR
 SUCH  OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE,
 AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION  TECH-
 S. 9398                             4
 
 NOLOGY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGEN-
 CY OR ORDER.
   §  6.  The  executive  law is amended by adding a new section 203-c to
 read as follows:
   § 203-C. ADDITIONAL DUTIES OF THE COMMISSIONER REGARDING REPORTING  OF
 DEBARRED  AND  NON-RESPONSIBLE ENTITIES. 1. THE COMMISSIONER SHALL MAIN-
 TAIN AND PUBLISH WITHIN FIVE DAYS OF RECEIPT A LIST OF PERSONS, CONTRAC-
 TORS, VENDORS, OR GRANTEES THAT HAVE BEEN DETERMINED TO BE NON-RESPONSI-
 BLE OR INELIGIBLE TO BID ON FUTURE CONTRACTS OR GRANTS.  SUCH LIST SHALL
 BE PUBLISHED IN MACHINE READABLE TABULAR FORMAT ON THE OFFICE'S WEBSITE,
 AS TRANSMITTED BY STATE ENTITIES PURSUANT TO ARTICLE EIGHT, NINE,  TWEN-
 TY-FIVE-B OR TWENTY-FIVE-C OF THE LABOR LAW, EXECUTIVE ORDER 192 OF 2019
 OR SUCH SUCCESSOR AGENCY OR ORDER, OR ANY OTHER SUCH STATE LAW, ORDER OR
 REGULATION THAT PROVIDES FOR DEBARMENT OR A DETERMINATION OF NON-RESPON-
 SIBILITY.
   A.  SUCH  LIST OF INELIGIBLE OR NON-RESPONSIBLE ENTITIES SHALL INCLUDE
 THE NAME, VENDOR IDENTIFICATION NUMBER, FEDERAL EMPLOYER  IDENTIFICATION
 NUMBER, AND BUSINESS ADDRESS OF SUCH CONTRACTOR, VENDOR, OR GRANTEE, THE
 DATE  AND  THE  BASIS  OF THE DETERMINATION, DEBARMENT END DATE, AND THE
 NAME OF THE STATE AGENCY TRANSMITTING SUCH INFORMATION  TO  THE  COMMIS-
 SIONER.
   B.  SUCH  NAMES  OF  DEBARRED  CONTRACTORS, VENDORS, OR GRANTEES SHALL
 REMAIN POSTED ON THE OFFICE'S WEBSITE FOR THE PERIOD DESIGNATED  IN  THE
 RELEVANT  STATUTORY  PROVISION ALLOWING FOR SUCH DEBARMENT. IN ALL OTHER
 CASES, DETERMINATIONS SHALL REMAIN ON THE LIST UNTIL THE OFFICE RECEIVES
 NOTICE OF A FINDING BY A COURT OF COMPETENT JURISDICTION THAT  THE  NON-
 RESPONSIBILITY  OR  DEBARMENT  DETERMINATION  WAS IN ERROR OR UNTIL SUCH
 TIME AS A WAIVER HAS BEEN APPROVED BY THE COUNSEL TO THE GOVERNOR, IN  A
 MANNER TO BE DETERMINED BY THE OFFICE OF GENERAL SERVICES.
   2. THE COMMISSIONER SHALL ADDITIONALLY PUBLISH SUCH LISTS AND MAINTAIN
 AN  ARCHIVE  OF CURRENT AND PRIOR NON-RESPONSIBLE OR INELIGIBLE PERSONS,
 CONTRACTORS, VENDORS, AND GRANTEES ON DATA.NY.GOV OR SUCH OTHER  SUCCES-
 SOR  WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPRO-
 PRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION  TECHNOLOGY  SERVICES
 UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGENCY OR ORDER.
   § 7. This act shall take effect immediately.

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