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Senate Bill S4000

2009-2010 Legislative Session

Relates to compliance investigations on public works

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2009-S4000 (ACTIVE) - Details

See Assembly Version of this Bill:
A439
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L

2009-S4000 (ACTIVE) - Summary

Relates to compliance investigations on public works.

2009-S4000 (ACTIVE) - Sponsor Memo

2009-S4000 (ACTIVE) - Bill Text download pdf 

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

                                  4000

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to compliance  investigations
  on public works projects

  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 7-b to read as follows:
  7-B. LOCAL INVESTIGATIONS. A. UPON APPLICATION OF THE COUNTY EXECUTIVE
OF  ANY  COUNTY,  THE STATE COMPTROLLER OR ATTORNEY GENERAL OF THE STATE
SHALL GRANT THE APPLICANT THE AUTHORITY TO CONDUCT  COMPLIANCE  INVESTI-
GATIONS ON PUBLIC WORKS PROJECTS BEING CONDUCTED WITHIN THE JURISDICTION
HE OR SHE REPRESENTS.
  B.  UPON  RECEIPT OF AN APPLICATION FOR LOCAL INVESTIGATION, THE STATE
COMPTROLLER OR ATTORNEY GENERAL SHALL MAKE INQUIRY TO  ENSURE  THAT  THE
EXAMINERS  AND  INSPECTORS  WHO  WILL  BE  APPOINTED BY THE APPLICANT TO
CONDUCT SUCH INVESTIGATIONS WILL INVESTIGATE COMPLIANCE WITH THIS  CHAP-
TER  IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF THE DEPARTMENT. THE
STATE COMPTROLLER OR  ATTORNEY  GENERAL  SHALL  REQUIRE  THAT  ANY  SUCH
INSPECTORS  BE  TRAINED IN A LIKE MANNER TO THE EMPLOYEES OF THE DEPART-
MENT WHO PRESENTLY INVESTIGATE COMPLIANCE WITH THIS ARTICLE. THE  CHOICE
OF  INSPECTORS AND THE DECISION WHETHER THEY SHALL BE REMUNERATED OR NOT
SHALL BE SOLELY WITHIN THE DISCRETION OF THE APPLICANT.
  C. THE STATE COMPTROLLER OR ATTORNEY GENERAL SHALL GRANT THE  APPLICA-
TION  ONLY  IF  HE  OR  SHE  DETERMINES THAT INVESTIGATIONS BY THE LOCAL
AUTHORITY WILL AID THE DEPARTMENT IN ITS ENFORCEMENT  OF  THIS  ARTICLE.
THE  STATE COMPTROLLER OR ATTORNEY GENERAL SHALL ACT UPON AN APPLICATION
WITHIN FOUR MONTHS OF RECEIPT OF THAT APPLICATION.
  D. IF THE APPLICATION IS GRANTED, THE LOCAL INSPECTORS SHALL HAVE  THE
SAME RIGHTS AS INSPECTORS AND EXAMINERS OF THE DEPARTMENT, INCLUDING BUT
NOT  LIMITED TO ACCESS TO WORKSITES AND TO PAYROLL RECORDS AND ALL OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02628-01-9

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