Bill Text: NY A07696 | 2013-2014 | General Assembly | Introduced

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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 18-0)

Status: (Introduced - Dead) 2014-06-16 - ordered to third reading rules cal.263 [A07696 Detail]

Download: New_York-2013-A07696-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7696
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 30, 2013
                                      ___________
       Introduced  by  M.  of  A. WRIGHT, ROZIC, HEASTIE, COLTON, CLARK -- 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. 7696                             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.