Bill Text: NY A03944 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 3944 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the labor law, in relation to municipalities which fail to enforce prevailing wage requirements of contractors on public works projects

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2009-01-29 - referred to labor [A03944 Detail]

Download: New_York-2009-A03944-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3944
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2009
                                      ___________
       Introduced  by  M.  of  A. WALKER, ALFANO, QUINN, SALADINO, McDONOUGH --
         Multi-Sponsored by -- M.   of A.  BARRA,  BOYLAND  --  read  once  and
         referred to the Committee on Labor
       AN  ACT to amend the labor law, in relation to municipalities which fail
         to enforce prevailing wage requirements of contractors on public works
         projects
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 220 of the labor law is amended by
    2  adding a new paragraph (f) to read as follows:
    3    (F)  ANY  MUNICIPAL  ENTITY  THAT  HAS ENTERED INTO SUCH CONTRACT OR A
    4  SUBCONTRACT WITH  A  CONTRACTOR  TO  PERFORM  ON  ANY  PORTION  OF  SUCH
    5  CONTRACT,  AND  WHERE SUCH CONTRACTOR WILLFULLY PAYS AFTER ENTERING INTO
    6  SUCH CONTRACT, LESS THAN SUCH STIPULATED WAGE SCALE  OR  SUPPLEMENTS  AS
    7  ESTABLISHED  BY  THE  FISCAL  OFFICER SHALL, UPON THE CONVICTION OF SUCH
    8  CONTRACTOR, BE SUBJECT TO FINES OF TEN PERCENT OF THE CONTRACT VALUE  TO
    9  BE  PAID TO THE DEPARTMENT FOR APPRENTICESHIP TRAINING PROGRAMS PURSUANT
   10  TO ARTICLE TWENTY-THREE OF THIS CHAPTER. FOR PURPOSES OF THIS PARAGRAPH,
   11  "MUNICIPAL ENTITY" SHALL MEAN ANY COUNTY, CITY,  TOWN,  VILLAGE,  PUBLIC
   12  BENEFIT CORPORATION, PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY, OR
   13  ANY SUBSIDIARY THEREOF.
   14    S  2.  Section 220-d of the labor law is amended by adding a new third
   15  undesignated paragraph to read as follows:
   16    ANY MUNICIPAL ENTITY THAT  HAS  ENTERED  INTO  SUCH  CONTRACT  WITH  A
   17  CONTRACTOR  TO  PERFORM  ON ANY PORTION OF SUCH CONTRACT, AND WHERE SUCH
   18  CONTRACTOR WILLFULLY PAYS AFTER ENTERING INTO SUCH CONTRACT,  LESS  THAN
   19  SUCH STIPULATED MINIMUMS REGARDING WAGES AND SUPPLEMENTS SHALL, UPON THE
   20  CONVICTION OF SUCH CONTRACTOR, BE SUBJECT TO FINES OF TEN PERCENT OF THE
   21  CONTRACT  VALUE TO BE PAID TO THE DEPARTMENT FOR APPRENTICESHIP TRAINING
   22  PROGRAMS PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER. FOR  PURPOSES
   23  OF THIS PARAGRAPH, "MUNICIPAL ENTITY" SHALL MEAN ANY COUNTY, CITY, TOWN,
   24  VILLAGE, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, INDUSTRIAL DEVEL-
   25  OPMENT AGENCY, OR ANY SUBSIDIARY THEREOF.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01535-01-9