What's happening
This bill makes companies debarred under the federal Davis-Bacon Act also ineligible for New York public works contracts.
Why it matters
Expands accountability for labor violations. The bill ensures that companies debarred at the federal level for violating worker protection laws (Davis-Bacon Act) are also barred from New York public works contracts, closing a loophole that previously allowed federally-debarred companies to continue winning state contracts.
Targets affiliated entities to prevent circumvention. Not only does the bill cover directly debarred companies, but it also includes “substantially owned-affiliated entities,” preventing companies from simply rebranding or using subsidiaries to get around debarment rules.
Provides due process for affiliates. If a company is deemed ineligible due to its affiliation with a debarred entity, it receives written notice and the right to appeal, ensuring fairness and an opportunity to contest the ineligibility determination.
Signals stricter enforcement and raises stakes for compliance. By linking state contract eligibility to federal debarments, the bill raises the cost of non-compliance with labor laws, potentially improving wage and workplace standards on both federal and state-funded projects.
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Who cares
Headline styles
Ban Debarred Federal Contractors
Plain English, a few words. Used as the page title.
Sponsors
32 Co-sponsors
- Shelley Mayer
- James Skoufis
- William Colton
- Karl Brabenec
- Kenneth Zebrowski
- Michael DenDekker
- Rebecca Seawright
- Sean Ryan
- Felix Ortiz
- Angelo Santabarbara
- Donna Lupardo
- Robert J. Rodriguez
- Addie Jenne
- Nily Rozic
- Patricia Fahy
- Stacey Pheffer Amato
- Billy Jones
- Albert A. Stirpe
- Crystal Peoples-Stokes
- Matthew Titone
- Steven Otis
- John T. McDonald III
- Carrie Woerner
- Richard Gottfried
- Phil Steck
- Robert C. Carroll
- Michele Titus
- Carmen De La Rosa
- Anthony Brindisi
- David Buchwald
- William Magnarelli
- Joseph Morelle
History
- Ordered to third reading cal.136
- Returned to assembly
- Died in senate
- Referred to labor
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.47
- Rules report cal.47
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1845
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
Introduced by M. of A. BRONSON -- Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the Committee on Labor
AN ACT to amend the labor law and the general municipal law, in relation to reciprocity of debarments imposed under the federal Davis-Bacon Act
The People of the State of New York, represented in Senate and Assembly, 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 3 to read as follows:
(3) When any person or entity is debarred for having disregarded obligations to employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12, such person or entity, and any "substantially owned-affiliated entity" as defined by paragraph g of subdivision five of section two hundred twenty of this article, shall be ineligible to submit a bid on or be awarded any public works contract with the state, any municipal corporation, public benefit corporation or public body while the name of the person or entity is published in the list of debarred contractors pursuant to 40 U.S.C. 3144. Where a person or entity is determined to be ineligible pursuant to this subparagraph because it is considered a "substantially owned-affiliated entity," such person or entity shall be provided with written notice from the department and shall be afforded the opportunity to appeal the ineligibility determination to the department.
§ 2. Section 103 of the general municipal law is amended by adding a new subdivision 1-c to read as follows:
1-c. In determining the lowest responsible bidder, the officer, board or agency of any political subdivision or of any district therein charged with awarding of contracts, shall consider whether or not the bidder, or any "substantially owned-affiliated entity" as defined by paragraph g of subdivision five of section two hundred twenty of the labor law, has been found to be in violation of the Davis-Bacon Act pursuant to 40 U.S.C. 3144, the Copeland Act pursuant to 18 U.S.C. 874
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06798-01-7
A. 1845 2
and 40 U.S.C. 3145 or the Contract Work Hours and Safety Standards Act pursuant to 40 U.S.C. 332.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to all public works bids and contracts solicited on or after such effective date; provided, however, this act shall not apply retroactively to previously issued or existing public works contracts, with the state, any municipal corporation, public benefit corporation or public body.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.