S T A T E O F N E W Y O R K
________________________________________________________________________
2140
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. JOHN, NOLAN -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, the general municipal law and the state
finance law, in relation to the payment of the prevailing wage and
supplements for certain employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 220 of the labor law is amended by adding a new
subdivision 10 to read as follows:
10. IF AN EMPLOYEE, CLIENT, INMATE OR STUDENT OF ANY POLITICAL SUBDI-
VISION, BOARD, AGENCY, SCHOOL DISTRICT, PUBLIC UNIVERSITY OR COLLEGE,
COMMISSION, PUBLIC AUTHORITY, BOARD OF COOPERATIVE EDUCATION, PENAL
INSTITUTION OR PUBLIC MENTAL HEALTH FACILITY PERFORMS ANY WORK OR
SERVICES PURSUANT TO THIS CHAPTER FOR ANY PUBLIC ENTITY OF WHICH THAT
PERSON IS NOT EMPLOYED, ENROLLED, INCARCERATED OR RECEIVING SERVICES
FROM, SUCH PERSON SHALL BE COMPENSATED THE PREVAILING WAGE AND SUPPLE-
MENTS REQUIRED BY THIS ARTICLE BY THE PUBLIC OWNER OF THE PROJECT.
S 2. Subdivision 2 of section 101 of the general municipal law, as
added by chapter 861 of the laws of 1953, is amended to read as follows:
2. Such specifications shall be drawn so as to permit separate and
independent bidding upon each of the above three subdivisions of work.
All contracts awarded by any political subdivision or by an officer,
board or agency thereof, or of any district therein, for the erection,
construction, reconstruction or alteration of buildings, or any part
thereof, shall award the three subdivisions of the above specified work
separately in the manner provided by section one hundred three of this
chapter. Nothing in this section shall be construed to prevent any poli-
tical subdivision from performing any such branches of work by or
through their regular employees, or in the case of public institutions,
by the inmates thereof, PROVIDED THAT, NO EMPLOYEE, CLIENT, INMATE OR
STUDENT OF ANY POLITICAL SUBDIVISION, BOARD, AGENCY, SCHOOL DISTRICT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04720-01-9
A. 2140 2
PUBLIC UNIVERSITY OR COLLEGE, COMMISSION, PUBLIC AUTHORITY, BOARD OF
COOPERATIVE EDUCATION, PENAL INSTITUTION OR PUBLIC MENTAL HEALTH FACILI-
TY, SHALL PERFORM ANY WORK SET FORTH IN THIS SECTION OR PERFORM ANY OF
THE THREE SUBDIVISIONS OF WORK FOR THE ERECTION, CONSTRUCTION, RECON-
STRUCTION OR ALTERATION OF BUILDINGS, OR ANY PART THEREOF, UNLESS SUCH
PERSON IS A GRADUATE OF A DEPARTMENT APPROVED AND REGISTERED APPRENTICE-
SHIP TRAINING PROGRAM FOR THE TRADE IN WHICH SUCH WORK IS TO BE
PERFORMED, AND PROVIDED FURTHER, IF SUCH AN EMPLOYEE, CLIENT, INMATE OR
STUDENT PERFORMS ANY WORK OR SERVICES PURSUANT TO THE LABOR LAW FOR ANY
PUBLIC ENTITY OF WHICH THAT PERSON IS NOT EMPLOYED, ENROLLED, INCARCER-
ATED OR RECEIVING SERVICES FROM, SUCH PERSON SHALL BE COMPENSATED THE
PREVAILING WAGE AND SUPPLEMENTS REQUIRED BY ARTICLE EIGHT OF THE LABOR
LAW BY THE PUBLIC OWNER OF THE PROJECT.
S 3. The closing paragraph of section 135 of the state finance law, as
amended by section 3 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
Nothing in this section shall be construed to prevent the authorities
in charge of any state building, from performing any such branches of
work by or through their regular employees, or in the case of public
institutions, by the inmates thereof, PROVIDED THAT, NO EMPLOYEE,
CLIENT, INMATE OR STUDENT OF ANY POLITICAL SUBDIVISION, BOARD, AGENCY,
SCHOOL DISTRICT, PUBLIC UNIVERSITY OR COLLEGE, COMMISSION, PUBLIC
AUTHORITY, BOARD OF COOPERATIVE EDUCATION, PENAL INSTITUTION OR PUBLIC
MENTAL HEALTH FACILITY, SHALL PERFORM ANY WORK SET FORTH IN SECTION ONE
HUNDRED ONE OF THE GENERAL MUNICIPAL LAW OR PERFORM ANY OF THE THREE
SUBDIVISIONS OF WORK SET FORTH IN SECTION ONE HUNDRED ONE OF THE GENERAL
MUNICIPAL LAW FOR THE ERECTION, CONSTRUCTION, RECONSTRUCTION OR ALTER-
ATION OF BUILDINGS, OR ANY PART THEREOF, UNLESS SUCH PERSON IS A GRADU-
ATE OF A DEPARTMENT OF LABOR APPROVED AND REGISTERED APPRENTICESHIP
TRAINING PROGRAM FOR THE TRADE IN WHICH SUCH WORK IS TO BE PERFORMED,
AND PROVIDED FURTHER, IF SUCH AN EMPLOYEE, CLIENT, INMATE OR STUDENT
PERFORMS ANY WORK OR SERVICES PURSUANT TO THE LABOR LAW FOR ANY PUBLIC
ENTITY OF WHICH SUCH PERSON IS NOT EMPLOYED, ENROLLED, INCARCERATED OR
RECEIVING SERVICES FROM, THAT PERSON SHALL BE COMPENSATED THE PREVAILING
WAGE AND SUPPLEMENTS REQUIRED BY ARTICLE EIGHT OF THE LABOR LAW BY THE
PUBLIC OWNER OF THE PROJECT.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.