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Assembly Bill A404

2009-2010 Legislative Session

Provides that utility companies shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is issued

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Archive: Last Bill Status - In Senate Committee Labor Committee

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Bill Amendments

2009-A404 - Details

See Senate Version of this Bill:
S632
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §28, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4262, S3827
2013-2014: S1075

2009-A404 - Summary

Relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

2009-A404 - Sponsor Memo

2009-A404 - Bill Text download pdf 

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

                                   404

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN, NOLAN -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to workers on excavations

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

  Section 1. The labor law is amended by adding a new section 28 to read
as follows:
  S  28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR CONTRACTORS,
TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A  MUNICIPALITY
TO  USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL BE
ISSUED, TO ENTER INTO AN AGREEMENT THAT ONLY COMPETENT  WORKERS  SKILLED
IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
SUCH  PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE PREVAILING
WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
SECTION TWO HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO  THOSE  SO
EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
ALL  PERMITS  ISSUED  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION SHALL
INCLUDE THEREIN A COPY OF THIS SECTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00911-01-9

co-Sponsors

multi-Sponsors

2009-A404A - Details

See Senate Version of this Bill:
S632
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §28, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4262, S3827
2013-2014: S1075

2009-A404A - Summary

Relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

2009-A404A - Sponsor Memo

2009-A404A - Bill Text download pdf 

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

                                 404--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JOHN, NOLAN, PERRY -- read once and referred to
  the Committee on Labor -- recommitted to the  Committee  on  Labor  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the labor law, in relation to workers on excavations

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

  Section 1. The labor law is amended by adding a new section 28 to read
as follows:
  S 28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR  CONTRACTORS,
TO  WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A MUNICIPALITY
TO USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL  BE
ISSUED,  TO  ENTER INTO AN AGREEMENT THAT ONLY COMPETENT WORKERS SKILLED
IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
SUCH PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE  PREVAILING
WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
SECTION  TWO  HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO THOSE SO
EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
ALL PERMITS ISSUED AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL
INCLUDE  THEREIN  A  COPY  OF THIS SECTION.   WHEN PERMITS ARE ISSUED TO
UTILITY COMPANIES OR THEIR CONTRACTORS, THE POWER TO ENFORCE  THE  TERMS
OF  THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH THE
PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00911-02-0

co-Sponsors

multi-Sponsors

2009-A404B (ACTIVE) - Details

See Senate Version of this Bill:
S632
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §28, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4262, S3827
2013-2014: S1075

2009-A404B (ACTIVE) - Summary

Relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

2009-A404B (ACTIVE) - Sponsor Memo

2009-A404B (ACTIVE) - Bill Text download pdf 

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

                                 404--B
                                                        Cal. No. 733

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JOHN, NOLAN, PERRY, COLTON, ROSENTHAL, ESPAILLAT
  -- Multi-Sponsored by -- M. of A. LATIMER, PHEFFER, SKARTADOS --  read
  once  and  referred  to  the  Committee on Labor -- recommitted to the
  Committee on Labor in accordance with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported from committee, advanced  to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the labor law, in relation to workers on excavations

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

  Section 1. The labor law is amended by adding a new section 28 to read
as follows:
  S 28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR  CONTRACTORS,
TO  WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A MUNICIPALITY
TO USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL  BE
ISSUED,  TO  ENTER INTO AN AGREEMENT THAT ONLY COMPETENT WORKERS SKILLED
IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
SUCH PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE  PREVAILING
WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
SECTION  TWO  HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO THOSE SO
EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
ALL PERMITS ISSUED AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL
INCLUDE  THEREIN  A  COPY  OF THIS SECTION.   WHEN PERMITS ARE ISSUED TO
UTILITY COMPANIES OR THEIR CONTRACTORS, THE POWER TO ENFORCE  THE  TERMS
OF  THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH THE
PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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