Bill Text: NY S07643 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2010-04-28 - REFERRED TO LABOR [S07643 Detail]

Download: New_York-2009-S07643-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7643
                                   I N  S E N A T E
                                    April 28, 2010
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in relation to workers on excavations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new section 28 to read
    2  as follows:
    3    S  28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR CONTRACTORS,
    4  TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A  MUNICIPALITY
    5  TO  USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL BE
    6  ISSUED, TO ENTER INTO AN AGREEMENT THAT ONLY COMPETENT  WORKERS  SKILLED
    7  IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
    8  SUCH  PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE PREVAILING
    9  WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
   10  SECTION TWO HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO  THOSE  SO
   11  EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
   12  ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
   13  ALL  PERMITS  ISSUED  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION SHALL
   14  INCLUDE THEREIN A COPY OF THIS SECTION.   WHEN  PERMITS  ARE  ISSUED  TO
   15  UTILITY  COMPANIES  OR THEIR CONTRACTORS, THE POWER TO ENFORCE THE TERMS
   16  OF THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH  THE
   17  PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
   18    S  2.  This  act shall take effect on the thirtieth day after it shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16678-01-0