senate Bill S2379

Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay prevailing wage

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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

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

Summary

Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay minimum wage.

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Bill Details

See Assembly Version of this Bill:
A6134
Versions:
S2379
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง230, Lab L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3057, A7601
2007-2008: A10164

Sponsor Memo

BILL NUMBER:S2379

TITLE OF BILL:
An act
to amend the labor law, in relation to eliminating the delivery of
fossil fuel from those building services for which municipalities are
required to pay prevailing wage

PURPOSE:
This bill would eliminate the delivery of
fossil fuel from
those building services for which municipalities are required to pay
prevailing wage.

SUMMARY OF PROVISIONS:
Amends section 230(1) of the labor law to
remove the transportation and delivery of fossil fuel from the
definition of "building service employee."

JUSTIFICATION:
With the ever increasing cost of fossil fuels placing a
greater burden on local taxpayers, the state should be doing
everything we can to ensure that our villages, towns and counties are
able to purchase gasoline, diesel fuel and heating oil at the most
reasonable cost available.

This bill seeks to accomplish that by placing the delivery of fossil
fuel in the same category as other utility related services including
contracts for the delivery of electric light and power, water, steam
and gas which are not subject to the provisions of prevailing wage.
In this day and age, it only makes sense and will greatly assist
municipalities all across New York State with contracting for the
purchase and delivery of fossil fuels without overburdening the
property taxpayer.

LEGISLATIVE HISTORY:
S.3057 of 2009-10; S.7207 of 2008

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  2379

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN, O'MARA, RANZENHOFER -- 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 eliminating  the  delivery
  of  fossil  fuel from those building services for which municipalities
  are required to pay prevailing wage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 230 of the labor law, as amended
by chapter 542 of the laws of 1984, is amended to read as follows:
  1. "Building service employee" or "employee" means any person perform-
ing work in connection with the  care  or  maintenance  of  an  existing
building,  or  in connection with the transportation of office furniture
or equipment to or from such building, [or in connection with the trans-
portation and delivery of fossil fuel to such building,] for a  contrac-
tor  under  a  contract  with  a public agency which is in excess of one
thousand five hundred dollars and the principal purpose of which  is  to
furnish services through the use of building service employees.
  "Building  service employee" or "employee" includes, but is not limit-
ed, to, watchman, guard, doorman, building  cleaner,  porter,  handyman,
janitor,  gardener, groundskeeper, stationary fireman, elevator operator
and starter, window cleaner, and occupations relating to the  collection
of  garbage or refuse, and to the transportation of office furniture and
equipment, [and to the transportation and delivery of fossil  fuel]  but
does  not  include clerical, sales, professional, technician and related
occupations.
  "Building service employee" or "employee" also does  not  include  any
employee  to  whom  the provisions of articles eight and eight-a of this
chapter are applicable.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05764-01-1

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