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Assembly Bill A3944

2009-2010 Legislative Session

Fines municipalities which fail to enforce prevailing wage paid by contractors on public works projects 10% of the project costs

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Archive: Last Bill Status - In Assembly Committee

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2009-A3944 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง220 & 220-d, Lab L
Versions Introduced in 2011-2012 Legislative Session:
A103

2009-A3944 (ACTIVE) - Summary

Fines municipalities which fail to enforce prevailing wage paid by contractors on public works projects 10% of the project costs to be paid to the department of labor for apprenticeship training programs.

2009-A3944 (ACTIVE) - Bill Text download pdf 

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

                                  3944

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

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

AN  ACT to amend the labor law, in relation to municipalities which fail
  to enforce prevailing wage requirements of contractors on public works
  projects

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

  Section 1. Subdivision 3 of section 220 of the labor law is amended by
adding a new paragraph (f) to read as follows:
  (F)  ANY  MUNICIPAL  ENTITY  THAT  HAS ENTERED INTO SUCH CONTRACT OR A
SUBCONTRACT WITH  A  CONTRACTOR  TO  PERFORM  ON  ANY  PORTION  OF  SUCH
CONTRACT,  AND  WHERE SUCH CONTRACTOR WILLFULLY PAYS AFTER ENTERING INTO
SUCH CONTRACT, LESS THAN SUCH STIPULATED WAGE SCALE  OR  SUPPLEMENTS  AS
ESTABLISHED  BY  THE  FISCAL  OFFICER SHALL, UPON THE CONVICTION OF SUCH
CONTRACTOR, BE SUBJECT TO FINES OF TEN PERCENT OF THE CONTRACT VALUE  TO
BE  PAID TO THE DEPARTMENT FOR APPRENTICESHIP TRAINING PROGRAMS PURSUANT
TO ARTICLE TWENTY-THREE OF THIS CHAPTER. FOR PURPOSES OF THIS PARAGRAPH,
"MUNICIPAL ENTITY" SHALL MEAN ANY COUNTY, CITY,  TOWN,  VILLAGE,  PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY, OR
ANY SUBSIDIARY THEREOF.
  S  2.  Section 220-d of the labor law is amended by adding a new third
undesignated paragraph to read as follows:
  ANY MUNICIPAL ENTITY THAT  HAS  ENTERED  INTO  SUCH  CONTRACT  WITH  A
CONTRACTOR  TO  PERFORM  ON ANY PORTION OF SUCH CONTRACT, AND WHERE SUCH
CONTRACTOR WILLFULLY PAYS AFTER ENTERING INTO SUCH CONTRACT,  LESS  THAN
SUCH STIPULATED MINIMUMS REGARDING WAGES AND SUPPLEMENTS SHALL, UPON THE
CONVICTION OF SUCH CONTRACTOR, BE SUBJECT TO FINES OF TEN PERCENT OF THE
CONTRACT  VALUE TO BE PAID TO THE DEPARTMENT FOR APPRENTICESHIP TRAINING
PROGRAMS PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER. FOR  PURPOSES
OF THIS PARAGRAPH, "MUNICIPAL ENTITY" SHALL MEAN ANY COUNTY, CITY, TOWN,
VILLAGE, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, INDUSTRIAL DEVEL-
OPMENT AGENCY, OR ANY SUBSIDIARY THEREOF.
  S 3. This act shall take effect immediately.

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