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

                                  11043

                          I N  A S S E M B L Y

                              May 12, 2010
                               ___________

Introduced  by  M.  of  A. JORDAN, CORWIN, BURLING, P. LOPEZ, MONTESANO,
  FINCH, AMEDORE -- Multi-Sponsored by -- M. of  A.  CROUCH,  HAWLEY  --
  read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to prevailing wages

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

  Section 1. Paragraphs a and d of subdivision 5 of section 220  of  the
labor  law,  paragraph  a as amended and paragraph d as added by chapter
447 of the laws of 1983, are amended to read as follows:
  a. The "prevailing rate of wage," for the intents and purposes of this
article, shall be [the rate of wage paid in the locality, as hereinafter
defined, by virtue of collective bargaining agreements between bona fide
labor organizations and employers  of  the  private  sector,  performing
public  or  private  work  provided  that said employers employ at least
thirty per centum of workers, laborers or mechanics in the same trade or
occupation in the locality  where  the  work  is  being  performed.  The
prevailing rate of wage shall be annually determined in accordance here-
with by the fiscal officer no later than thirty days prior to July first
of  each year, and the prevailing rate of wage for the period commencing
July first of such  year  through  June  thirtieth,  inclusive,  of  the
following  year  shall  be the rate of wage set forth in such collective
bargaining agreements for the period commencing July first through  June
thirtieth,  including those increases for such period which are directly
ascertainable from such collective bargaining agreements by  the  fiscal
officer in his annual determination.  In the event that it is determined
after  a  contest,  as provided in subdivision six of this section, that
less than thirty percent of the workers,  laborers  or  mechanics  in  a
particular  trade  or occupation in the locality where the work is being
performed receive a collectively bargained rate of wage, then] the aver-
age wage paid to such workers, laborers or mechanics in the  same  trade
or  occupation in the locality for the twelve-month period preceding the
fiscal officer's annual determination [shall be the prevailing  rate  of
wage].    Laborers,  workers  or mechanics for whom a prevailing rate of
wage is to be determined shall not be  considered  in  determining  such

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

                                                           LBD16894-01-0

A. 11043                            2

prevailing  wage.  THE FISCAL OFFICER SHALL MAKE AN ANNUAL DETERMINATION
OF THE PREVAILING WAGE, AND SHALL BE EMPOWERED TO CAUSE AN INVESTIGATION
TO BE MADE TO DETERMINE THE WAGES PREVAILING  IN  ANY  LOCALITY  IN  ALL
CRAFTS,  TRADES  AND  OCCUPATIONS  INVOLVED  IN WORK TO BE PERFORMED; IN
MAKING SUCH INVESTIGATION, THE FISCAL OFFICER  SHALL  UTILIZE  WAGE  AND
FRINGE  BENEFIT DATA FROM VARIOUS SOURCES INCLUDING, BUT NOT LIMITED TO,
DATA AND DETERMINATIONS OF FEDERAL, STATE OR  OTHER  GOVERNMENTAL  AGEN-
CIES,  INCLUSIVE OF DATA ENCOMPASSING BOTH EMPLOYERS WHOSE EMPLOYEES ARE
SUBJECT TO COLLECTIVE BARGAINING AGREEMENTS AS WELL AS EMPLOYERS NOT  SO
SUBJECT,  AND  TO ESTABLISH SUCH RATES IN SUCH A FASHION AS TO GATHER AN
ACCURATE AND FAIR MEASURE OF THOSE WAGE RATES.
  d. "Locality" means [such areas of the state described and defined for
a trade or occupation in the current  collective  bargaining  agreements
between  bona  fide  labor  organizations  and  employers of the private
sector, performing public and private work] THE COUNTY OR, IN THE  EVENT
THAT  A  PROJECT  CROSSES THE BOUNDARIES OF TWO COUNTIES, THE AVERAGE OF
THE PREVAILING WAGE OF THOSE TWO COUNTIES AS DEFINED BY THE FISCAL OFFI-
CER. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, ALL
COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED  A  SINGLE  LOCALITY
FOR PURPOSES OF THIS SECTION.
  S  2. Subdivision 7 of section 230 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  7. "Locality" means [the state, a town, city, village or  other  civil
division  or  area of the state as determined by the fiscal officer. The
fiscal officer may fix a different geographic area  in  determining  the
locality for the prevailing basic hourly cash rate of pay and the local-
ity  for prevailing supplements] THE COUNTY WHERE SUCH BUILDING SERVICES
ARE PERFORMED. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR
MORE, ALL COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED  A  SINGLE
LOCALITY FOR PURPOSES OF THIS SECTION.
  S  3.  Paragraph (a) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of  1971,  is  amended  to  read  as
follows:
  (a)  to  cause  an  investigation  to  be  made to determine the wages
prevailing in  any  locality  in  all  crafts,  trades  and  occupations
involved in service work; in making such investigation, the fiscal offi-
cer  may  utilize  wage  and  fringe  benefit  data from various sources
including, but not limited to, data and determinations of federal, state
or other governmental agencies,  INCLUSIVE  OF  DATA  ENCOMPASSING  BOTH
EMPLOYERS  WHOSE  EMPLOYEES  ARE SUBJECT TO COLLECTIVE BARGAINING AGREE-
MENTS AS WELL AS EMPLOYERS NOT SO SUBJECT, AND TO ESTABLISH  SUCH  RATES
IN  SUCH  A  FASHION  AS TO GATHER AN ACCURATE AND FAIR MEASURE OF THOSE
WAGE RATES;
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.