senate Bill S1402

Enacts the "charter schools construction fair wages act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO LABOR
  • 04 / Jan / 2012
    • REFERRED TO LABOR

Summary

Relates to hours, wages and supplements for work on public work projects including charter schools; and relates to contracts for charter school construction.

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Bill Details

See Assembly Version of this Bill:
A99
Versions:
S1402
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L; amd §2853, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S7841, A11206A

Sponsor Memo

BILL NUMBER:S1402

TITLE OF BILL:
An act
to amend the labor law, and
the
education law, in relation to enacting the "charter schools construction
fair wages act"

PURPOSE OR GENERAL IDEA OF BILL:
To require that employees who build or care for and maintain charter
schools are paid prevailing wages for their services.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 2 of the bill amend section 220(2) of the labor law to
extend prevailing wage requirements to public work projects by
charter schools. Prevailing wage requirements would also be extended
to leases, grants, bonds, covenants, debt agreements, and permits
entered into for public work.

section 3 of the bill amends subdivision 3(a) of section 2853 of the
education law to require competitive bidding on charter school
contracts and to require payment of prevailing wages for construction
and building service work.

Section 4 of the bill establishes the effective date.

EXISTING LAW:
Article 8 of the labor law requires the payment of prevailing wages
for any public work contract entered into by the state, a public
benefit corporation, a municipal corporation, or commission appointed
by law, or by a third party acting in place of, on behalf of, or for
the benefit of such public entity under any lease, permit or other
agreement.

Article 9 of the labor law requires the payment of prevailing wages
for work in connection with the care and maintenance of a building
under a contract with a. state or local public agency, a public
benefit corporation, public authority or board of education.

Section 2853(3) (al of the education law establishes requirements for
charter school facilities.

LEGISLATIVE HISTORY:
2010 - reported from Labor Committee, died in Finance.

JUSTIFICATION:

Charter schools are publicly funded by the State and serve the
important public purpose of educating children. Charter schools are
now located throughout New York as a result of new construction or
improvements to existing buildings performed by workers. Article 8 of
the labor law and the state constitution have long required the
payment of prevailing wages for public work construction projects by
state and local entities, including school districts and public
universities. Unfortunately, workers who build charter schools lack


the same prevailing wage and hour protections as employees who build
other public work projects since Article B has not been amended to
recognize this new form of public work. Similarly, employees who
perform building service work at charter schools are denied the same
prevailing wage protection afforded to other building service workers
under Article 9 of the labor law. This legislation will ensure that
these two groups of workers are provided the same basic prevailing
wage protection as other employees who perform similar work. The
construction contract would also be subject to the same competitive
bidding requirements as other public work contracts in order to widen
bidding opportunities for more contractors in New York.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1402

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

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, 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "charter schools construction fair wages act".
  S  2.  Subdivision  2  of  section 220 of the labor law, as amended by
chapter 678 of the laws of 2007, is amended to read as follows:
  2. Each contract, LEASE, GRANT, BOND,  COVENANT,  DEBT  AGREEMENT,  OR
PERMIT,  to which the state or a public benefit corporation or a munici-
pal corporation or a commission appointed pursuant to law OR  AN  EDUCA-
TION  CORPORATION  ORGANIZED TO OPERATE A CHARTER SCHOOL is a party, and
any contract for public work entered into by a  third  party  acting  in
place  of, on behalf of and for the benefit of such public entity pursu-
ant to any lease, permit or other agreement between such third party and
the public entity, and which may involve  the  employment  of  laborers,
workers or mechanics shall contain a stipulation that no laborer, worker
or  mechanic  in  the  employ  of the contractor, subcontractor or other
person doing or contracting to do the  whole  or  a  part  of  the  work
contemplated by the contract shall be permitted or required to work more
than  eight  hours in any one calendar day or more than five days in any
one week except in cases  of  extraordinary  emergency  including  fire,
flood or danger to life or property. No such person shall be so employed
more  than eight hours in any day or more than five days in any one week
except in such emergency. Extraordinary emergency within the meaning  of
this  section  shall be deemed to include situations in which sufficient
laborers, workers and mechanics cannot be employed to  carry  on  public
work  expeditiously  as a result of such restrictions upon the number of
hours and days of labor and the immediate commencement or prosecution or
completion without undue delay of the public work is  necessary  in  the
judgment  of  the commissioner for the preservation of the contract site
and for the protection of the life and limb of  the  persons  using  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01396-02-1

S. 1402                             2

same.  Upon  the  application of any person interested, the commissioner
shall make a determination as to whether or not on any public project or
on all public projects in any area of this state,  sufficient  laborers,
workers  and  mechanics of any or all classifications can be employed to
carry on work expeditiously if their labor is restricted to eight  hours
per  day  and five days per week, and in the event that the commissioner
determines that there are not sufficient workers, laborers and mechanics
of any or all classifications which may be employed  to  carry  on  such
work  expeditiously  if their labor is restricted to eight hours per day
and five days per week, and the immediate commencement or prosecution or
completion without undue delay of the public work is  necessary  in  the
judgment  of  the commissioner for the preservation of the contract site
and for the protection of the life and limb of  the  persons  using  the
same,  the commissioner shall grant a dispensation permitting all labor-
ers, workers and mechanics, or  any  classification  of  such  laborers,
workers and mechanics, to work such additional hours or days per week on
such  public  project or in such areas the commissioner shall determine.
Whenever such a dispensation is granted, all work  in  excess  of  eight
hours  per day and five days per week shall be considered overtime work,
and the laborers, workers and mechanics performing such  work  shall  be
paid  a  premium  wage commensurate with the premium wages prevailing in
the area in which the work is performed. No such dispensation  shall  be
effective  with  respect to any public work unless and until the depart-
ment of jurisdiction, as defined  in  this  section,  certifies  to  the
commissioner  that such public work is of an important nature and that a
delay in carrying it to completion would result in serious  disadvantage
to  the  public.  Time  lost in any week because of inclement weather by
employees engaged in the construction, reconstruction and maintenance of
highways outside of the limits of cities and villages  may  be  made  up
during that week and/or the succeeding three weeks.
  S  3.  Subdivision  2  of  section 220 of the labor law, as amended by
chapter 851 of the laws of 1947, is amended to read as follows:
  2. Each contract, LEASE, GRANT, BOND,  COVENANT,  DEBT  AGREEMENT,  OR
PERMIT,  to which the state or a public benefit corporation or a munici-
pal corporation or a commission appointed pursuant to law OR  AN  EDUCA-
TION  CORPORATION  ORGANIZED  TO OPERATE A CHARTER SCHOOL is a party and
which may involve the  employment  of  laborers,  [workmen]  WORKERS  or
mechanics  shall contain a stipulation that no laborer, [workman] WORKER
or mechanic in the employ of  the  contractor,  subcontractor  or  other
person  doing  or  contracting  to  do  the  whole or a part of the work
contemplated by the contract shall be permitted or required to work more
than eight hours in any one calendar day or more than five days  in  any
one  week  except  in  cases  of extraordinary emergency including fire,
flood or danger to life or property. No such person shall be so employed
more than eight hours in any day or more than five days in any one  week
except  in such emergency. Extraordinary emergency within the meaning of
this section shall be deemed to include situations in  which  sufficient
laborers, [workmen] WORKERS and mechanics cannot be employed to carry on
public  work  expeditiously  as  a  result of such restrictions upon the
number of hours and days of labor  and  the  immediate  commencement  or
prosecution  or  completion  without  undue  delay of the public work is
necessary in the judgment of the [industrial] commissioner for the pres-
ervation of the contract site and for the protection  of  the  life  and
limb  of  the persons using the same. Upon the application of any person
interested, the [industrial] commissioner shall make a determination  as
to whether or not on any public project or on all public projects in any

S. 1402                             3

area of this state, sufficient laborers, [workmen] WORKERS and mechanics
of  any  or  all  classifications can be employed to carry on work expe-
ditiously if their labor is restricted to eight hours per day  and  five
days  per  week,  and  in  the  event that the [industrial] commissioner
determines that there are not sufficient [workmen] WORKERS, laborers and
mechanics of any or all classifications which may be employed  to  carry
on  such  work expeditiously if their labor is restricted to eight hours
per day and five days per week, and the immediate commencement or prose-
cution or completion without undue delay of the public work is necessary
in the judgment of the [industrial] commissioner for the preservation of
the contract site and for the protection of the life  and  limb  of  the
persons  using  the  same,  the  [industrial] commissioner shall grant a
dispensation permitting all laborers, [workmen] WORKERS  and  mechanics,
or any classification of such laborers, [workmen] WORKERS and mechanics,
to work such additional hours or days per week on such public project or
in  such  areas  the [industrial] commissioner shall determine. Whenever
such a dispensation is granted, all work in excess of  eight  hours  per
day  and  five  days per week shall be considered overtime work, and the
laborers, workmen and mechanics performing such work  shall  be  paid  a
premium  wage commensurate with the premium wages prevailing in the area
in which the work is performed. No such dispensation shall be  effective
with  respect  to  any  public  work  unless and until the department of
jurisdiction, as defined in this section, certifies to the  [industrial]
commissioner  that such public work is of an important nature and that a
delay in carrying it to completion would result in serious  disadvantage
to  the  public.  Time  lost in any week because of inclement weather by
employees engaged in the construction, reconstruction and maintenance of
highways outside of the limits of cities and villages  may  be  made  up
during that week and/or the succeeding three weeks.
  S  4.  Paragraph (a) of subdivision 3 of section 2853 of the education
law, as amended by chapter 101 of the laws of 2010, is amended  to  read
as follows:
  (a)  A  charter  school  may  be located in part of an existing public
school building, in space provided on a private work site, in  a  public
building  or in any other suitable location. Provided, however, before a
charter school may be located in  part  of  an  existing  public  school
building,  the  charter  entity  shall  provide notice to the parents or
guardians of the students then enrolled in the existing school  building
and  shall hold a public hearing for purposes of discussing the location
of the charter school.  ALL  CONTRACTS  ENTERED  INTO  BY  SUCH  CHARTER
SCHOOL,  OR  ANY  EDUCATION  CORPORATION  ORGANIZED TO OPERATE A CHARTER
SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC  BENE-
FIT  CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON
BEHALF OF ANY OF THESE  ENTITIES,  INVOLVING  THE  CONSTRUCTION,  RECON-
STRUCTION,  DEMOLITION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION,
OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL  BE  SUBJECT  TO  THE
REQUIREMENTS  OF  SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW
AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may  own,
lease or rent its space.
  S  5. This act shall take effect immediately; provided that the amend-
ments to subdivision 2 of section 220 of the labor law made  by  section
two of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
amended, when upon such date the provisions of section three of this act
shall take effect.

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