S T A T E O F N E W Y O R K
________________________________________________________________________
6683
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. P. RIVERA, LUPARDO, POWELL, PHEFFER, EDDINGTON,
CYMBROWITZ, V. LOPEZ, MORELLE -- Multi-Sponsored by -- M. of A.
BOYLAND, CHRISTENSEN, DIAZ, GANTT, McENENY, PEOPLES, RAMOS, ROBINSON,
TOWNS, WEISENBERG -- read once and referred to the Committee on Labor
AN ACT to establish a temporary commission to study the impact of
certain requirements for the construction, repair and demolition of
buildings, and for excavation, upon minority and women-owned business
enterprises; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. A temporary state commission is hereby established to exam-
ine, evaluate and make recommendations on the impact of the duties and
liabilities imposed by sections 240 (scaffolding and other devices for
use of employees) and 241 (construction, excavation and demolition work)
of the labor law has on minority and women-owned business enterprises,
as defined in article 15-A of the executive law, and the impact of
construction related accidents on minority and female workers. The
commission shall review, with particular care:
(a) the financial impact of sections 240 and 241 of the labor law on
minority and women-owned business enterprises;
(b) the impact of such sections on the ability of minority and women-
owned business enterprises to compete for contracts;
(c) the impact of such sections on the survival and growth of minority
and women-owned business enterprises;
(d) the impact of the state of New York being the only state to have
such provisions of law in effect;
(e) what other states do so as to allow them not to have such
provisions of law in effect;
(f) injuries suffered by minority and female workers in the
construction industry.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10049-01-9
A. 6683 2
S 2. The commission shall consist of 11 members to be appointed as
follows: 5 members shall be appointed by the governor, 3 members shall
be appointed by the temporary president of the senate and 3 members
shall be appointed by the speaker of the assembly. The governor shall
designate the chair of the commission from among his or her appointees.
Vacancies in the membership of the commission shall be filled in the
manner provided for original appointments.
S 3. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law.
S 4. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
S 5. To the maximum extent feasible, the commission shall be entitled
to request and receive, and shall utilize and be provided with such
facilities, resources and data of any court, department, division,
board, bureau, commission or agency of the state or any political subdi-
vision thereof as it may reasonably request to carry out properly its
powers and duties pursuant to this act.
S 6. The commission shall submit a report to the governor and the
legislature of its findings, conclusions and recommendations within one
hundred eighty days of the effective date of this act. Such recommenda-
tions shall include:
(a) statutory changes to sections 240 and 241 of the labor law which
will minimize the impact of such sections on minority and women-owned
business enterprises;
(b) the establishment of standards that will improve job site safety
and preserve the right of injured persons to recover damages; and
(c) any other recommendations the commission deems necessary.
S 7. This act shall take effect immediately and shall expire and be
deemed repealed 181 days after such effective date.