Bill Text: NY A02168 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the labor law, in relation to prevailing wage rates for building service employees
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2010-06-08 - held for consideration in labor [A02168 Detail]
Download: New_York-2009-A02168-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2168
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. McENENY, JOHN, CAHILL, FARRELL, HOOPER -- Multi-
Sponsored by -- M. of A. ABBATE, BENJAMIN, CLARK, COLTON, ESPAILLAT,
GOTTFRIED, GREENE, PERRY, J. RIVERA, N. RIVERA, TOWNS -- read once and
referred to the Committee on Labor
AN ACT to amend the labor law, in relation to prevailing wage rates for
building service employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 231 of the labor law, as added by
2 chapter 777 of the laws of 1971, is amended to read as follows:
3 4. The public agency, or appropriate officer or agent thereof, whose
4 responsibility it is to prepare or direct the preparation of the plans
5 and specifications for a contract for building service work, shall
6 ascertain from such plans and specifications the classifications of
7 employees to be employed on such work and shall file a list of such
8 classifications with the fiscal officer, together with a statement of
9 the work to be performed. The fiscal officer shall determine the crafts,
10 trades and occupations required for such work and shall make a determi-
11 nation of the wages required to be paid in the locality for each such
12 craft, trade or occupation. A schedule of such wages shall be annexed to
13 and form a part of the specifications for the contract prior to the time
14 of the advertisement for bids on such contract and shall constitute the
15 schedule of wages referred to in subdivision three of this section. SUCH
16 SCHEDULE SHALL REFLECT INCREASES TO BE PAID IN EACH YEAR OF THE SPECIFI-
17 CATIONS. EACH ADJUSTMENT OF THE PREVAILING WAGE AND BENEFITS BY THE
18 FISCAL OFFICER SHALL BE APPLIED TO ALL EXISTING CONTRACTS.
19 S 2. Section 233 of the labor law is amended by adding a new subdivi-
20 sion 5 to read as follows:
21 5. THE RECORDS REQUIRED TO BE MAINTAINED SHALL BE OPEN FOR PUBLIC
22 INSPECTION TO ALL INTERESTED PARTIES AT THE OFFICE OF THE FISCAL OFFI-
23 CER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00562-01-9
A. 2168 2
1 S 3. Section 234 of the labor law is amended by adding a new subdivi-
2 sion 3 to read as follows:
3 3. THE FISCAL OFFICER SHALL NOT ALLOW A PUBLIC AGENCY TO EXTEND A
4 CONTRACT OR CONTRACT SPECIFICATIONS AT THE END OF THE CONTRACT PERIOD,
5 EXCEPT IN THE CASE OF AN EMERGENCY, AS DETERMINED BY THE FISCAL OFFICER,
6 PROVIDED THE PREVAILING WAGE AND BENEFITS ARE ADJUSTED TO CONFORM TO THE
7 PREVAILING RATES.
8 S 4. Subdivision 1 of section 235 of the labor law, as added by chap-
9 ter 777 of the laws of 1971, is amended to read as follows:
10 1. Whenever the fiscal officer has reason to believe that a service
11 employee has been paid less than the wages stipulated in the contract,
12 or if such contract has no wage schedule attached thereto and the fiscal
13 officer has reason to believe that a service employee has been paid less
14 than the wages prevailing for his OR HER craft, trade or occupation, the
15 fiscal officer may, and upon receipt of a written complaint from an
16 employee employed thereon, shall conduct a special investigation to
17 determine the facts relating thereto. INTERESTED PARTIES, INCLUDING
18 LABOR ORGANIZATIONS, SHALL BE ALLOWED ACCESS TO BUILDING SITES TO
19 INSPECT THE POSTINGS REQUIRED BY LAW AND TO SPEAK TO EMPLOYEES WITHOUT
20 DISRUPTING THEIR WORK AS TO THEIR PAY AND BENEFIT RATES.
21 S 5. Subdivision 2 of section 238 of the labor law, as added by chap-
22 ter 777 of the laws of 1971, is amended to read as follows:
23 2. When a contract for service work contains as part thereof a sched-
24 ule of wages as provided for in this article, any contractor who, after
25 entering into such contract, and any subcontractor of such contractor
26 who fails to pay to any service employee the wages stipulated in such
27 wage schedule is guilty of a misdemeanor and upon conviction shall be
28 punished for a first offense by a fine of five hundred dollars or by
29 imprisonment for not more than thirty days or by both fine and imprison-
30 ment; for a second offense by a fine of one thousand dollars, and in
31 addition thereto the contract on which the violation has occurred shall
32 be forfeited; and no such contractor shall be entitled to receive any
33 sum, nor shall any officer, agent or employee of the contracting public
34 agency pay any such sum or authorize its payment from the funds under
35 his OR HER charge or control to such contractor for work done upon the
36 contract on which the contractor has been convicted of a second offense.
37 IN ADDITION, WHERE ANY CONTRACTOR OR SUBCONTRACTOR IS CONVICTED OF A
38 VIOLATION PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER MAY REVOKE THE
39 RIGHT OF SUCH CONTRACTOR OR SUBCONTRACTOR FROM BIDDING ON PUBLIC WORK
40 PROJECTS FOR A PERIOD TO BE DETERMINED BY THE COMMISSIONER AFTER
41 CONDUCTING A HEARING THEREON. If the contractor or subcontractor is a
42 corporation, any officer of such corporation who knowingly permits the
43 corporation to fail to make such payment shall also be guilty of a
44 misdemeanor and the criminal and civil penalties herein shall attach to
45 such officer upon conviction.
46 S 6. Subdivision 3 of section 239 of the labor law, as amended by
47 chapter 770 of the laws of 1986, is amended to read as follows:
48 (3) that there may be deducted from the amount payable to the contrac-
49 tor by the public agency under the contract a penalty of [fifty] TWO
50 HUNDRED dollars for each person for each day during which such person
51 was discriminated against or intimidated in violation of the provisions
52 of the contract;
53 S 7. This act shall take effect on the sixtieth day after it shall
54 have become a law.
