senate Bill S3715
(D, IP, WF) 23rd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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.
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: This would 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
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
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
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 corpo-
ration, public authority or board of education.
Section 2853(3)(a) of the education law establishes requirements for
charter school facilities.
LEGISLATIVE HISTORY: 2012 - died in Labor Committee in both Houses.
2011 - died in Labor Committee in both Houses. 2010 - reported from
Labor Committee, died in Finance; died in Assembly Labor.
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 univer-
sities. 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 contrac-
tors in New York.
EFFECTIVE DATE: This act shall take effect immediately.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.