S T A T E   O F   N E W   Y O R K
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                                  1817

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 establishing a time sched-
  ule for prevailing wage violation claims

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

  Section 1. Subdivision 7 of section 220 of the labor law,  as  amended
by chapter 7 of the laws of 2008, is amended to read as follows:
  7.  Compliance  investigations.  The  fiscal officer as herein defined
shall on a verified complaint in writing of any person interested or  of
any  employee  organization  pursuant  to  subdivision  eight-d  of this
section, and may on his own initiative cause a compliance  investigation
to  be  made  to determine whether the contractor or a subcontractor has
paid the prevailing rate of wages and prevailing practices  for  supple-
ments  in  the same trade or occupation in the locality within the state
where such public work  is  being  performed,  or  the  hours  of  labor
performed by the workmen, laborers and mechanics employed on such public
work,  or both.  The fiscal officer or his agents, examiners and inspec-
tors may examine or cause to be examined the books and records  pertain-
ing  to the rate of wages paid and supplements provided to the laborers,
workmen and mechanics on  said  public  work  and  the  hours  of  labor
performed  by  such laborers, workmen and mechanics on said public work.
The fiscal officer in such investigation shall be deemed to be acting in
a judicial capacity, and shall have the right to issue subpoenas, admin-
ister oaths and examine witnesses. The enforcement of a subpoena  issued
under  this  section  shall  be  regulated by the civil practice law and
rules.  [Such] UPON RECEIPT OF ALL RECORDS REQUIRED UNDER  THIS  ARTICLE
FOR  SUCH  INVESTIGATION,  THE  fiscal officer shall TAKE ALL REASONABLE
STEPS TO EXPEDITIOUSLY make either an order, determination or any  other
disposition,  including  but  not  limited  to an agreed upon settlement

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

                                                           LBD04989-01-3

S. 1817                             2

and/or stipulation, within six months from the date of  filing  of  such
verified complaint, and where a compliance investigation is made without
the  filing  of  a verified complaint, within six months from the date a
compliance  investigation  is initiated by such fiscal officer. Upon the
making of said order or determination, or upon arriving at  such  agreed
upon  settlement  and/or  stipulation,  a  copy thereof shall be sent by
certified mail, return receipt requested, by the fiscal officer: (i)  to
the person and employee organization, if any, who or which initiated the
complaint,  (ii)  to the person or corporation, if any, against whom the
complaint was brought, and (iii) where  a  compliance  investigation  is
made  without  the filing of a complaint, to the person who or which was
the subject of the compliance investigation.
  S 2. This act shall take effect immediately.