What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Defines lowest responsible bidder and unfair labor practices for purposes of the prevailing wage law for public works projects
In Assembly Committee · Labor · Sponsor Mark J.F. Schroeder
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the labor law and the general municipal law, in relation to the definition of lowest responsible bidder and unfair labor practices for purposes of public works projects
Purpose
To disqualify a bidder as the lowest responsible bidder on a public work contract where it has violated certain federal or state labor laws.
Summary of provisions
Section 1: disqualifies a bidder from being awarded a public work contract as the "lowest possible bidder" where it has violated any of the following laws within the preceding two years: (a) a violation of the prevailing wage laws under sections 220 and 231 of the Labor Law, or (b) violation of the health and safety provisions of the Federal Occupational and Safety Health Act, or section 27-a of the state's labor law. Section 1 also authorizes a person, corporation or a labor union to challenge the proposed selection of the lowest responsible bidder by filing an application with the public entity awarding the contract. The commissioner or chief executive officer of the public entity must conduct a hearing and issue a written determination on the validity of the application. If the proposed bidder is disqualified, the contract must be awarded to the next lowest responsible bidder. Sections 2 and 3: amend the general municipal law and the state finance law respectively to prohibit the public owner from awarding a contract to the lowest bidder who has violated any of the laws specified in section 1.
Justification
In assessing the responsibility of a low bidder on a public works contract, the state and municipalities have had to rely on arbitrary definitions of accountability, reliability and good faith. Often, contracts are awarded to bidders who are lowest responsible in financial terms yet are negligent in terms of paying wages and the safety and health of workers. This bill would provide guidance to municipalities and the state to insure that public funds are awarded to low bidders who comply with established standards of responsibility.
Legislative history
2008: Reported referred to codes
Effective date
This act shall take effect on the first day of September next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.