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Assembly Bill A6130

2009-2010 Legislative Session

Requires that timely notice of allegations of prevailing wage violations be given to contractors

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Archive: Last Bill Status - In Assembly Committee

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2009-A6130 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง223 & 740, Lab L
Versions Introduced in 2011-2012 Legislative Session:
A3415

2009-A6130 (ACTIVE) - Summary

Requires that timely notice of allegations of prevailing wage violations be given to contractors; provides that such notice shall be made within one year of the date of the last alleged underpayment.

2009-A6130 (ACTIVE) - Bill Text download pdf

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

                                  6130

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2009
                               ___________

Introduced  by  M. of A. SCHIMMINGER, ROBINSON, CLARK -- Multi-Sponsored
  by -- M. of A.  BOYLAND, BRENNAN, CHRISTENSEN, DelMONTE, DIAZ, HIKIND,
  KOLB,  KOON,  MAGEE,  MARKEY,  McENENY,  PEOPLES,  PERRY,   J. RIVERA,
  N. RIVERA -- read once and referred to the Committee on Labor

AN  ACT  to amend the labor law, in relation to timely notice of allega-
  tions of prevailing wage violations

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

  Section  1. Section 223 of the labor law, as amended by chapter 929 of
the laws of 1935, is amended to read as follows:
  S 223. Enforcement of article. 1. If the  fiscal  officer  as  defined
herein  finds  that  any  person contracting with the state, a municipal
corporation, or any  commission  appointed  pursuant  to  law,  for  the
performance  of  any  public  work  fails  to  comply with or evades the
provisions of this article, he shall present evidence of  such  non-com-
pliance  or  evasion  to  the  officer,  department, board or commission
having charge of such work for enforcement.  Wherein such evidence indi-
cates a non-compliance or evasion  on  the  part  of  a  sub-contractor,
SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF THIS SECTION, the
contractor shall be responsible for such non-compliance or  evasion.  It
shall  be  the  duty  of any officer, department, board or commission in
charge of the construction of such public work contracts to enforce  the
provisions of this article.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CONTRACTOR SHALL BE
RESPONSIBLE  FOR THE NON-COMPLIANCE OR EVASION OF A SUB-CONTRACTOR UNDER
THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUB-CONTRACTOR, OR THE  EMPLOY-
EE'S  COLLECTIVE BARGAINING REPRESENTATIVE, JOINTLY TRUSTEED FUND OR ANY
OTHER INTERESTED PARTY HAS PROVIDED A VERIFIED NOTICE OF  SUCH  NON-COM-
PLIANCE  OR EVASION TO THE CONTRACTOR WITHIN ONE YEAR OF THE DATE OF THE
LAST  ALLEGED  UNDERPAYMENT.  NOTHING  CONTAINED  IN  THIS  SUBDIVISION,
INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO GIVE NOTICE AS PROVIDED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08934-01-9
              

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