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Assembly Bill A8237D

Signed By Governor

2009-2010 Legislative Session

Enacts the "New York state construction industry fair play act"

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Sponsored By

Archive: Last Bill Status Via S5847 - Signed by Governor

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Bill Amendments

2009-A8237 - Details

See Senate Version of this Bill:
S5847
Law Section:
Labor Law
Laws Affected:
Add Art 25-B §§861 - 861-f, amd §511, Lab L; amd §2, Work Comp L

2009-A8237 - Summary

Enacts the "New York state construction industry fair play act"; defines terms; provides notice to persons receiving remuneration from contractors and subcontractors; describes violations

2009-A8237 - Bill Text download pdf

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

                                  8237

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

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

AN ACT to amend the labor law, in relation to  enacting  the  "New  York
  state  construction  industry  fair  play act"; and to amend the state
  finance law, in relation to creating the construction industry classi-
  fication fund

  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 article 25-B to
read as follows:
                              ARTICLE 25-B
         THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT
SECTION 861.   SHORT TITLE.
        861-A. LEGISLATIVE FINDINGS AND INTENT.
        861-B. DEFINITIONS.
        861-C. PRESUMPTION OF EMPLOYMENT IN THE CONSTRUCTION INDUSTRY.
        861-D. CERTIFICATION OF INDEPENDENT CONTRACTORS.
        861-E. NOTICE TO PERSONS RECEIVING REMUNERATION FROM CONTRACTORS
                 AND SUBCONTRACTORS.
        861-F. VIOLATIONS.
        861-G. ENFORCEMENT AND PENALTIES.
        861-H. ADVISORY COMMITTEE ON CONSTRUCTION  INDUSTRY  CLASSIFICA-
                 TION.
        861-I. RETALIATION.
  S  861.  SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
"THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT".
  S 861-A. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
AND DECLARES THAT NEW YORK STATE'S CONSTRUCTION INDUSTRY IS EXPERIENCING
DANGEROUS  LEVELS  OF  EMPLOYEE  MISCLASSIFICATION  FRAUD.  UNSCRUPULOUS
EMPLOYERS  ARE INTENTIONALLY REPORTING EMPLOYEES AS INDEPENDENT CONTRAC-
TORS TO STATE AND FEDERAL AUTHORITIES OR WORKERS' COMPENSATION  CARRIERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11756-02-9
              

co-Sponsors

multi-Sponsors

2009-A8237A - Details

See Senate Version of this Bill:
S5847
Law Section:
Labor Law
Laws Affected:
Add Art 25-B §§861 - 861-f, amd §511, Lab L; amd §2, Work Comp L

2009-A8237A - Summary

Enacts the "New York state construction industry fair play act"; defines terms; provides notice to persons receiving remuneration from contractors and subcontractors; describes violations

2009-A8237A - Sponsor Memo

2009-A8237A - Bill Text download pdf

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

                                 8237--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M. of A. JOHN, MILLMAN -- Multi-Sponsored by -- M. of A.
  RUSSELL -- read once and referred to the Committee on Labor -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the labor law, in relation to enacting the "New York
  state construction industry fair play act"; and  to  amend  the  state
  finance law, in relation to creating the construction industry classi-
  fication fund

  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  article  25-B  to
read as follows:
                              ARTICLE 25-B
         THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT
SECTION 861.   SHORT TITLE.
        861-A. LEGISLATIVE FINDINGS AND INTENT.
        861-B. DEFINITIONS.
        861-C. PRESUMPTION OF EMPLOYMENT IN THE CONSTRUCTION INDUSTRY.
        861-D. NOTICE TO PERSONS RECEIVING REMUNERATION FROM CONTRACTORS
                 AND SUBCONTRACTORS.
        861-E. VIOLATIONS.
        861-F. ENFORCEMENT AND PENALTIES.
        861-G. ADVISORY  COMMITTEE  ON CONSTRUCTION INDUSTRY CLASSIFICA-
                 TION.
        861-H. RETALIATION.
  S 861. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
"THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT".
  S 861-A. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
AND DECLARES THAT NEW YORK STATE'S CONSTRUCTION INDUSTRY IS EXPERIENCING
DANGEROUS  LEVELS  OF  EMPLOYEE  MISCLASSIFICATION  FRAUD.  UNSCRUPULOUS
EMPLOYERS ARE INTENTIONALLY REPORTING EMPLOYEES AS INDEPENDENT  CONTRAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11756-05-9
              

co-Sponsors

multi-Sponsors

2009-A8237B - Details

See Senate Version of this Bill:
S5847
Law Section:
Labor Law
Laws Affected:
Add Art 25-B §§861 - 861-f, amd §511, Lab L; amd §2, Work Comp L

2009-A8237B - Summary

Enacts the "New York state construction industry fair play act"; defines terms; provides notice to persons receiving remuneration from contractors and subcontractors; describes violations

2009-A8237B - Bill Text download pdf

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

                                 8237--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN,  MILLMAN,  BENEDETTO, LANCMAN, COLTON,
  DenDEKKER, REILLY, STIRPE, MAGNARELLI, McENENY --  Multi-Sponsored  by
  --  M.  of  A.  BRODSKY,  CALHOUN, CHRISTENSEN, KOON, LATIMER, LIFTON,
  McDONOUGH, PERRY, RUSSELL, SKARTADOS, SPANO, TOWNSEND -- read once and
  referred to the Committee  on  Labor  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Labor in accordance with Assem-
  bly Rule 3, sec. 2 -- reported and referred to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the labor law, in relation to  enacting  the  "New  York
  state  construction industry fair play act"; and to amend the workers'
  compensation law, in relation to the definition of employee

  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 article 25-B to
read as follows:
                               ARTICLE 25-B
         THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT
SECTION 861.   SHORT TITLE.
        861-A. LEGISLATIVE FINDINGS AND INTENT.
        861-B. DEFINITIONS.
        861-C. PRESUMPTION OF EMPLOYMENT IN THE CONSTRUCTION INDUSTRY.
        861-D. NOTICE TO PERSONS RECEIVING REMUNERATION FROM CONTRACTORS
                 AND SUBCONTRACTORS.
        861-E. VIOLATIONS AND PENALTIES.
        861-F. RETALIATION.
  S 861. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
"THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT".
  S 861-A. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS
AND DECLARES THAT NEW YORK STATE'S CONSTRUCTION INDUSTRY IS EXPERIENCING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11756-17-0
              

co-Sponsors

multi-Sponsors

2009-A8237C - Details

See Senate Version of this Bill:
S5847
Law Section:
Labor Law
Laws Affected:
Add Art 25-B §§861 - 861-f, amd §511, Lab L; amd §2, Work Comp L

2009-A8237C - Summary

Enacts the "New York state construction industry fair play act"; defines terms; provides notice to persons receiving remuneration from contractors and subcontractors; describes violations

2009-A8237C - Bill Text download pdf

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

                                 8237--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN,  MILLMAN,  BENEDETTO, LANCMAN, COLTON,
  DenDEKKER,  REILLY,  STIRPE,  MAGNARELLI,  McENENY,  CAHILL,  SCHIMEL,
  TITONE  --  Multi-Sponsored by -- M. of A. BRODSKY, CALHOUN, CHRISTEN-
  SEN, KOON, LATIMER,  LIFTON,  McDONOUGH,  PERRY,  RUSSELL,  SKARTADOS,
  SPANO, TOWNSEND -- read once and referred to the Committee on Labor --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Labor
  in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on Rules

AN  ACT  to  amend  the labor law, in relation to enacting the "New York
  state construction industry fair play act"; and to amend the  workers'
  compensation law, in relation to the definition of employee

  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  article  25-B  to
read as follows:
                               ARTICLE 25-B
         THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT
SECTION 861.   SHORT TITLE.
        861-A. LEGISLATIVE FINDINGS AND INTENT.
        861-B. DEFINITIONS.
        861-C. PRESUMPTION OF EMPLOYMENT IN THE CONSTRUCTION INDUSTRY.
        861-D. NOTICE TO PERSONS RECEIVING REMUNERATION FROM CONTRACTORS
                 AND SUBCONTRACTORS.
        861-E. VIOLATIONS AND PENALTIES.
        861-F. RETALIATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11756-20-0

              

co-Sponsors

multi-Sponsors

2009-A8237D (ACTIVE) - Details

See Senate Version of this Bill:
S5847
Law Section:
Labor Law
Laws Affected:
Add Art 25-B §§861 - 861-f, amd §511, Lab L; amd §2, Work Comp L

2009-A8237D (ACTIVE) - Summary

Enacts the "New York state construction industry fair play act"; defines terms; provides notice to persons receiving remuneration from contractors and subcontractors; describes violations

2009-A8237D (ACTIVE) - Bill Text download pdf

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

                                 8237--D

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN,  MILLMAN,  BENEDETTO, LANCMAN, COLTON,
  DenDEKKER,  REILLY,  STIRPE,  MAGNARELLI,  McENENY,  CAHILL,  SCHIMEL,
  TITONE  --  Multi-Sponsored by -- M. of A. BRODSKY, CALHOUN, CHRISTEN-
  SEN, KOON, LATIMER,  LIFTON,  McDONOUGH,  PERRY,  RUSSELL,  SKARTADOS,
  SPANO, TOWNSEND -- read once and referred to the Committee on Labor --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Labor
  in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on  Rules  -- reported and referred to the Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

AN  ACT  to  amend  the labor law, in relation to enacting the "New York
  state construction industry fair play act"; and to amend the  workers'
  compensation law, in relation to the definition of employee

  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  article  25-B  to
read as follows:
                               ARTICLE 25-B
         THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT
SECTION 861.   SHORT TITLE.
        861-A. LEGISLATIVE FINDINGS AND INTENT.
        861-B. DEFINITIONS.
        861-C. PRESUMPTION OF EMPLOYMENT IN THE CONSTRUCTION INDUSTRY.
        861-D. NOTICE TO PERSONS RECEIVING REMUNERATION FROM CONTRACTORS
                 AND SUBCONTRACTORS.
        861-E. VIOLATIONS AND PENALTIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11756-23-0
              

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