Amd §141-b, Work Comp L; amd §§220-b, 239-a, 861-e & 862-d, Lab L; add §203-c, Exec L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11209
SPONSOR: Bronson 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-h 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 arc 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 had actors are
not able to get state contracts or grams. 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 or 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 non-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
nonresponsive entities at hups://ogs.ny.govidebarred-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:llapps.labormy.goviEDList;
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-responsive entities more
accessible will allow researchers. journalists and enforcement offi-
cials to have more complete information about those who have done busi-
ness with the state.
Providing open data of current and prior had actors in the contracting
sphere will help shine a light on these entities, and ensure that had
actors don't slip through the cracks and benefit from contracts or
grants paid for with public dollars.
LEGISLATIVE HISTORY:
New Bill in the Assembly.
FISCAL IMPACT:
To be Determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11209
IN ASSEMBLY
May 1, 2026
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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:
1 Section 1. Section 141-b of the workers' compensation law, as added by
2 chapter 6 of the laws of 2007, is amended to read as follows:
3 § 141-b. Suspension and debarment. 1. Any person subject to a final
4 assessment of civil fines or penalties or a stop-work order, or that has
5 been convicted of a misdemeanor for a violation of sections twenty-six,
6 fifty-two or one hundred thirty-one of this chapter, and any substan-
7 tially-owned affiliated entity of such person, shall be ineligible to
8 submit a bid on or be awarded any public work contract or subcontract
9 with the state, any municipal corporation or public body for a period of
10 one year from the final determination or conviction. Any person
11 convicted of a felony under this article, or a misdemeanor under
12 sections one hundred twenty-five and one hundred twenty-five-a of this
13 chapter shall be ineligible to submit a bid on or be awarded any public
14 work contract or subcontract with the state, any municipal corporation
15 or public body for a period of five years from such conviction.
16 2. The board shall maintain and publish a list of persons, contrac-
17 tors, vendors, or grantees that have been determined to be non-responsi-
18 ble or ineligible to bid on future contracts or grants pursuant to this
19 chapter. Such list shall be published in machine readable tabular
20 format on the board's website. This list shall include the name, vendor
21 identification number, federal employer identification number, and busi-
22 ness address of such contractor, vendor, or grantee, the date and the
23 basis of the determination, and debarment end date, and shall be
24 provided in a manner and for the length of time determined by the office
25 of general services pursuant to executive order 192 of 2019 or such
26 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.
LBD09007-01-5
A. 11209 2
1 the office of general services, which shall publish such list on its
2 website and maintain an archive of current and prior non-responsible or
3 ineligible persons, contractors, vendors, and grantees on data.ny.gov or
4 such other successor website maintained by, or on behalf of, the state,
5 as deemed appropriate by the New York state office of information tech-
6 nology services under executive order 95 of 2013, or any successor agen-
7 cy or order.
8 § 2. Subdivision 3 of section 220-b of the labor law is amended by
9 adding a new paragraph d to read as follows:
10 d. The department shall maintain and publish a list of persons,
11 contractors, vendors, or grantees that have been determined to be non-
12 responsible or ineligible to bid on future contracts or grants pursuant
13 to this chapter. Such list shall be published in machine readable tabu-
14 lar format on its website. This list shall include the name, vendor
15 identification number, federal employer identification number, and busi-
16 ness address of such contractor, vendor, or grantee, the date and the
17 basis of the determination, and debarment end date, and shall be
18 provided in a manner and for the length of time determined by the office
19 of general services pursuant to executive order 192 of 2019 or such
20 successor agency or order. The department shall also transmit such list
21 to the office of general services, which shall publish such list on its
22 website and maintain an archive of current and prior non-responsible or
23 ineligible persons, contractors, vendors, and grantees on data.ny.gov or
24 such other successor website maintained by, or on behalf of, the state,
25 as deemed appropriate by the New York state office of information tech-
26 nology services under executive order 95 of 2013, or any successor agen-
27 cy or order.
28 § 3. Section 239-a of the labor law, as amended by chapter 88 of the
29 laws of 2021, is amended to read as follows:
30 § 239-a. Enforcement of article. 1. If the fiscal officer, as defined
31 herein, finds that any contractor on service work fails to comply with
32 or evades the provisions of this article, [he] such officer shall pres-
33 ent evidence of such noncompliance or evasion to the public agency
34 having charge of such work for enforcement. Where such evidence indi-
35 cates a noncompliance or evasion on the part of a subcontractor, the
36 contractor shall be responsible for such noncompliance or evasion. It
37 shall be the duty of the public agency in charge of such service work to
38 enforce the provisions of this article.
39 2. The department shall maintain and publish a list of persons,
40 contractors, vendors, or grantees that have been determined to be non-
41 responsible or ineligible to bid on future contracts or grants pursuant
42 to this chapter. Such list shall be published in machine readable tabu-
43 lar format on its website. This list shall include the name, vendor
44 identification number, federal employer identification number, and busi-
45 ness address of such contractor, vendor, or grantee, the date and the
46 basis of the determination, and debarment end date, and shall be
47 provided in a manner and for the length of time determined by the office
48 of general services pursuant to executive order 192 of 2019 or such
49 successor agency or order. The department shall also transmit such list
50 to the office of general services, which shall publish such list on its
51 website and maintain an archive of current and prior non-responsible or
52 ineligible persons, contractors, vendors, and grantees on data.ny.gov or
53 such other successor website maintained by, or on behalf of, the state,
54 as deemed appropriate by the New York state office of information tech-
55 nology services under executive order 95 of 2013, or any successor agen-
56 cy or order.
A. 11209 3
1 § 4. Subdivision 7 of section 861-e of the labor law, as added by
2 chapter 418 of the laws of 2010, is amended to read as follows:
3 7. (a) Any contractor or any officer or shareholder who owns or
4 controls at least ten percent of the outstanding stock of such corpo-
5 ration that has been convicted of a misdemeanor shall be subject to
6 debarment and be ineligible to submit a bid on or be awarded any public
7 works contract with the state, any municipal corporation, public benefit
8 corporation, public authority or public body for a period of up to one
9 year from the date of such conviction or final determination, or up to
10 five years in the event of any subsequent violation.
11 (b) The department shall maintain and publish a list of persons,
12 contractors, vendors, or grantees that have been determined to be non-
13 responsible or ineligible to bid on future contracts or grants pursuant
14 to this chapter. Such list shall be published in machine readable tabu-
15 lar format on its website. This list shall include the name, vendor
16 identification number, federal employer identification number, and busi-
17 ness address of such contractor, vendor, or grantee, the date and the
18 basis of the determination, and debarment end date, and shall be
19 provided in a manner and for the length of time determined by the office
20 of general services pursuant to executive order 192 of 2019 or such
21 successor agency or order. The department shall also transmit such list
22 to the office of general services, which shall publish such list on its
23 website and maintain an archive of current and prior non-responsible or
24 ineligible persons, contractors, vendors, and grantees on data.ny.gov or
25 such other successor website maintained by, or on behalf of, the state,
26 as deemed appropriate by the New York state office of information tech-
27 nology services under executive order 95 of 2013, or any successor agen-
28 cy or order.
29 § 5. Subdivision 7 of section 862-d of the labor law, as added by
30 chapter 558 of the laws of 2013, is amended to read as follows:
31 7. (a) Any commercial goods transportation contractor or any officer
32 or shareholder who owns or controls at least ten percent of the
33 outstanding stock of such corporation that has been convicted of a
34 misdemeanor shall be subject to debarment and be ineligible to submit a
35 bid on or be awarded any public works contract with the state, any
36 municipal corporation, public benefit corporation, public authority or
37 public body for a period of up to one year from the date of such
38 conviction or final determination, or up to five years in the event of
39 any subsequent violation.
40 (b) The department shall maintain and publish a list of persons,
41 contractors, vendors, or grantees, that have been determined to be non-
42 responsible or ineligible to bid on future contracts or grants pursuant
43 to this chapter. Such list shall be published in machine readable tabu-
44 lar format on its website. This list shall include the name, vendor
45 identification number, federal employer identification number, and busi-
46 ness address of such contractor, vendor, or grantee, the date and the
47 basis of the determination, and debarment end date, and shall be
48 provided in a manner and for the length of time determined by the office
49 of general services pursuant to executive order 192 of 2019 or such
50 successor agency or order. The department shall also transmit such list
51 to the office of general services who shall publish such list on its
52 website and maintain an archive of current and prior non-responsible or
53 ineligible persons, contractors, vendors, and grantees on data.ny.gov or
54 such other successor website maintained by, or on behalf of, the state,
55 as deemed appropriate by the New York state office of information tech-
A. 11209 4
1 nology services under executive order 95 of 2013, or any successor agen-
2 cy or order.
3 § 6. The executive law is amended by adding a new section 203-c to
4 read as follows:
5 § 203-c. Additional duties of the commissioner regarding reporting of
6 debarred and non-responsible entities. 1. The commissioner shall main-
7 tain and publish within five days of receipt a list of persons, contrac-
8 tors, vendors, or grantees that have been determined to be non-responsi-
9 ble or ineligible to bid on future contracts or grants. Such list shall
10 be published in machine readable tabular format on the office's website,
11 as transmitted by state entities pursuant to article eight, nine, twen-
12 ty-five-b or twenty-five-c of the labor law, executive order 192 of 2019
13 or such successor agency or order, or any other such state law, order or
14 regulation that provides for debarment or a determination of non-respon-
15 sibility.
16 a. Such list of ineligible or non-responsible entities shall include
17 the name, vendor identification number, federal employer identification
18 number, and business address of such contractor, vendor, or grantee, the
19 date and the basis of the determination, debarment end date, and the
20 name of the state agency transmitting such information to the commis-
21 sioner.
22 b. Such names of debarred contractors, vendors, or grantees shall
23 remain posted on the office's website for the period designated in the
24 relevant statutory provision allowing for such debarment. In all other
25 cases, determinations shall remain on the list until the office receives
26 notice of a finding by a court of competent jurisdiction that the non-
27 responsibility or debarment determination was in error or until such
28 time as a waiver has been approved by the counsel to the governor, in a
29 manner to be determined by the office of general services.
30 2. The commissioner shall additionally publish such lists and maintain
31 an archive of current and prior non-responsible or ineligible persons,
32 contractors, vendors, and grantees on data.ny.gov or such other succes-
33 sor website maintained by, or on behalf of, the state, as deemed appro-
34 priate by the New York state office of information technology services
35 under executive order 95 of 2013, or any successor agency or order.
36 § 7. This act shall take effect immediately.
