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S5211Senate2009-2010 SessionSame asA2072

Creates a cause of action against a public works contractor for failure to provide certain employee benefits

Sponsor Diane J. SavinoSD-23Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

No co-sponsors yet.

History

  1. Referred to labor
  2. 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.

A2072Assembly

Creates a cause of action against a public works contractor for failure to provide certain employee benefits

In Assembly Committee · Labor · Sponsor Susan John

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, in relation to an action for damages for failure to provide unemployment, workers' compensation and disability benefits to workers on public works contracts

Purpose or general idea of bill

Creates a cause of action against a public works contractor for failure to provide certain employee benefits.

Summary of specific provisions

Section 1 adds a new subdivision 10 to section 220 of the labor law, thereby creating a cause of action for damages by an unsuccessful bidder on a public works contract, or an employee thereof, against the contractor or subcontractor who was the successful bidder when:

(i) the unsuccessful bidder was damaged by its bid not being accepted; and

(ii) the successful bidder knowingly violated provisions of Article l8 of the labor law and/or Articles 4 and 9 of the workers' compensation law.

Justification

In many instances contractors or subcontractors who have unsuccessfully bid on public works contracts have subsequently ascertained that other contractors or subcontractors who submitted the lowest bid and thus were awarded the contract, were knowingly not paying contributions for unemployment insurance, workers' compensation and disability benefits as required by law. Although such contractors are subject to enforcement action by the state, competing contractors and subcontractors who were damaged by not having been awarded the contract have no opportunity for redress. This bill would provide such an opportunity.

Prior legislative history

A.6170 of 2001-02: referred to labor A.8202 of 2003-04: referred to labor A.3295 of 2005-06: referred to labor A.5846 of 2007-08: referred to labor

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.