S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2176
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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
 and/or stipulation, within six months from the date of  filing  of  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06971-01-7

 S. 2176                             2
 
 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.
   § 2. This act shall take effect immediately.