Bill Text: NY A03522 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the "charter schools construction fair wages act"; relates to hours, wages and supplements for work on public work projects including charter schools; and relates to contracts for charter school construction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-23 - enacting clause stricken [A03522 Detail]
Download: New_York-2013-A03522-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3522 2013-2014 Regular Sessions I N A S S E M B L Y January 28, 2013 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the education law, in relation to enacting the "charter schools construction fair wages act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "charter schools construction fair wages act". 3 S 2. Subdivision 2 of section 220 of the labor law, as amended by 4 chapter 678 of the laws of 2007, is amended to read as follows: 5 2. Each contract, LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT, OR 6 PERMIT, to which the state or a public benefit corporation or a munici- 7 pal corporation or a commission appointed pursuant to law OR AN EDUCA- 8 TION CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is a party, and 9 any contract for public work entered into by a third party acting in 10 place of, on behalf of and for the benefit of such public entity pursu- 11 ant to any lease, permit or other agreement between such third party and 12 the public entity, and which may involve the employment of laborers, 13 workers or mechanics shall contain a stipulation that no laborer, worker 14 or mechanic in the employ of the contractor, subcontractor or other 15 person doing or contracting to do the whole or a part of the work 16 contemplated by the contract shall be permitted or required to work more 17 than eight hours in any one calendar day or more than five days in any 18 one week except in cases of extraordinary emergency including fire, 19 flood or danger to life or property. No such person shall be so employed 20 more than eight hours in any day or more than five days in any one week 21 except in such emergency. Extraordinary emergency within the meaning of 22 this section shall be deemed to include situations in which sufficient 23 laborers, workers and mechanics cannot be employed to carry on public 24 work expeditiously as a result of such restrictions upon the number of 25 hours and days of labor and the immediate commencement or prosecution or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05053-01-3 A. 3522 2 1 completion without undue delay of the public work is necessary in the 2 judgment of the commissioner for the preservation of the contract site 3 and for the protection of the life and limb of the persons using the 4 same. Upon the application of any person interested, the commissioner 5 shall make a determination as to whether or not on any public project or 6 on all public projects in any area of this state, sufficient laborers, 7 workers and mechanics of any or all classifications can be employed to 8 carry on work expeditiously if their labor is restricted to eight hours 9 per day and five days per week, and in the event that the commissioner 10 determines that there are not sufficient workers, laborers and mechanics 11 of any or all classifications which may be employed to carry on such 12 work expeditiously if their labor is restricted to eight hours per day 13 and five days per week, and the immediate commencement or prosecution or 14 completion without undue delay of the public work is necessary in the 15 judgment of the commissioner for the preservation of the contract site 16 and for the protection of the life and limb of the persons using the 17 same, the commissioner shall grant a dispensation permitting all labor- 18 ers, workers and mechanics, or any classification of such laborers, 19 workers and mechanics, to work such additional hours or days per week on 20 such public project or in such areas the commissioner shall determine. 21 Whenever such a dispensation is granted, all work in excess of eight 22 hours per day and five days per week shall be considered overtime work, 23 and the laborers, workers and mechanics performing such work shall be 24 paid a premium wage commensurate with the premium wages prevailing in 25 the area in which the work is performed. No such dispensation shall be 26 effective with respect to any public work unless and until the depart- 27 ment of jurisdiction, as defined in this section, certifies to the 28 commissioner that such public work is of an important nature and that a 29 delay in carrying it to completion would result in serious disadvantage 30 to the public. Time lost in any week because of inclement weather by 31 employees engaged in the construction, reconstruction and maintenance of 32 highways outside of the limits of cities and villages may be made up 33 during that week and/or the succeeding three weeks. 34 S 3. Paragraph (a) of subdivision 3 of section 2853 of the education 35 law, as amended by chapter 101 of the laws of 2010, is amended to read 36 as follows: 37 (a) A charter school may be located in part of an existing public 38 school building, in space provided on a private work site, in a public 39 building or in any other suitable location. Provided, however, before a 40 charter school may be located in part of an existing public school 41 building, the charter entity shall provide notice to the parents or 42 guardians of the students then enrolled in the existing school building 43 and shall hold a public hearing for purposes of discussing the location 44 of the charter school. ALL CONTRACTS ENTERED INTO BY SUCH CHARTER 45 SCHOOL, OR ANY EDUCATION CORPORATION ORGANIZED TO OPERATE A CHARTER 46 SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC BENE- 47 FIT CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON 48 BEHALF OF ANY OF THESE ENTITIES, INVOLVING THE CONSTRUCTION, RECON- 49 STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, 50 OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL BE SUBJECT TO THE 51 REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW 52 AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may own, 53 lease or rent its space. 54 S 4. This act shall take effect immediately.