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

                                  3847

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  WALKER,  ALFANO, QUINN, McDONOUGH, SALADINO,
  BOYLAND, CALHOUN -- Multi-Sponsored by -- M. of A. BARRA -- read  once
  and referred to the Committee on Labor

AN  ACT  to  amend  the labor law, in relation to the prevailing rate of
  wages for work associated with certain construction projects

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

  Section  1.  Paragraphs (a) and (b) of subdivision 3 of section 220 of
the labor law, as amended by chapter 7 of the laws of 2008, are  amended
to read as follows:
  (a)  The  wages  to  be  paid  for a legal day's work, as hereinbefore
defined, to laborers, workmen or mechanics upon such public works, shall
be not less than the prevailing rate of wages  as  hereinafter  defined.
FOR  PURPOSES  OF  THIS PARAGRAPH, "SUCH PUBLIC WORKS" SHALL INCLUDE ANY
PROGRAM OR PROJECT THE FINANCING OF WHICH IS PROVIDED, IN  WHOLE  OR  IN
PART,  BY  ANY  COUNTY, CITY, TOWN, VILLAGE, PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY OR ANY SUBSIDIARY THERE-
OF. Serving laborers, helpers, assistants and apprentices shall  not  be
classified  as common labor and shall be paid not less than the prevail-
ing rate of wages as hereinafter defined. No employee shall be deemed to
be an apprentice unless he is individually registered in an  apprentice-
ship  program which is duly registered with the commissioner of labor in
conformity with the provisions of article twenty-three of this  chapter.
The wages to be paid for a legal day's work, as hereinbefore defined, to
laborers,  workmen  or mechanics upon any material to be used upon or in
connection therewith, shall be not less than the prevailing rate  for  a
day's  work  in  the same trade or occupation in the locality within the
state where such public work on, about or in connection with which  such
labor  is  performed  in  its final or completed form is to be situated,
erected or used. Such contracts shall  contain  a  provision  that  each
laborer, workman or mechanic, employed by such contractor, subcontractor
or  other person about or upon such public work, shall be paid the wages
herein provided.

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

                      [ ] is old law to be omitted.
                                                           LBD01530-01-9

A. 3847                             2

  (b) The supplements, as hereinafter defined, to be provided to  labor-
ers, workmen or mechanics upon such public works, shall be in accordance
with  the  prevailing practices in the locality, as hereinafter defined.
Serving laborers, helpers, assistants and apprentices shall not be clas-
sified  as  common labor and shall be provided supplements in accordance
with the prevailing practices as hereinafter defined.   FOR PURPOSES  OF
THIS PARAGRAPH, "SUCH PUBLIC WORKS" SHALL INCLUDE ANY PROGRAM OR PROJECT
THE  FINANCING OF WHICH IS PROVIDED, IN WHOLE OR IN PART, BY ANY COUNTY,
CITY, TOWN,  VILLAGE,  PUBLIC  BENEFIT  CORPORATION,  PUBLIC  AUTHORITY,
INDUSTRIAL  DEVELOPMENT  AGENCY  OR  ANY SUBSIDIARY THEREOF. No employee
shall be deemed to be an apprentice unless he is individually registered
in an apprenticeship program which is duly registered with  the  [indus-
trial]  commissioner  in conformity with the provisions of article twen-
ty-three of this chapter. The supplements, as hereinafter defined, to be
provided to laborers, workmen or mechanics upon any material to be  used
upon  or  in  connection  therewith,  shall  be  in  accordance with the
prevailing practices in the same trade or  occupation  in  the  locality
within  the state where such public work on, about or in connection with
which such labor is performed in its final or completed form  is  to  be
situated, erected or used. Such contracts shall contain a provision that
each  laborer, workman or mechanic, employed by such contractor, subcon-
tractor or other person  about  or  upon  such  public  work,  shall  be
provided the supplements as required in this article.
  S  2. Section 220-d of the labor law, as amended by chapter 750 of the
laws of 1956, is amended to read as follows:
  S 220-d. Minimum rate of wage and supplement. The advertised  specifi-
cations for every contract for the construction, reconstruction, mainte-
nance  and/or  repair  of  public  work to which the state, county, town
and/or village is a party shall contain a provision stating the  minimum
hourly  rate  of  wage which can be paid and the minimum supplement that
can be provided, as shall be designated by the [industrial]  commission-
er, to the laborers, workingmen or mechanics employed in the performance
of  the  contract,  either  by  the  contractor, sub-contractor or other
person doing or contracting to do the  whole  or  a  part  of  the  work
contemplated  by  the  contract, and the contract shall contain a stipu-
lation that such laborers, workingmen or mechanics  shall  be  paid  not
less  than such hourly minimum rate of wage and provided supplements not
less than the prevailing supplements.
  Any person or corporation that wilfully pays after entering into  such
contract, less than such stipulated minimums regarding wages and supple-
ments  shall  be  guilty  of  a misdemeanor and upon conviction shall be
punished, for a first offense by a fine of five hundred  dollars  or  by
imprisonment  for  not more than thirty days, or by both fine and impri-
sonment AND SHALL BE PROHIBITED FOR A PERIOD OF FIVE YEARS FROM  BIDDING
ON  ANY PUBLIC WORK PROJECT IN THE STATE; for a second offense by a fine
of one thousand dollars, and in addition thereto the contract  on  which
the  violation has occurred shall be forfeited AND SUCH PERSON OR CORPO-
RATION SHALL BE THEREAFTER PROHIBITED FROM BIDDING ON  ANY  PUBLIC  WORK
PROJECT  IN  THE STATE; and no such person or corporation shall be enti-
tled to receive any sum nor shall any officer, agent or employee of  the
state  pay  the  same  or authorize its payment from the funds under his
charge or control to any person or corporation for work  done  upon  any
contract,  on  which the contractor has been convicted of second offense
in violation of the provisions of this section.
  S 3. This act shall take effect immediately.