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

                                  5014

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. STACHOWSKI, SAVINO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to establishing a time sched-
  ule for prevailing wage violation claims

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

  Section  1.  Subdivision 7 of section 220 of the labor law, as amended
by chapter 7 of the laws of 2008, is amended to read as follows:
  7. Compliance investigations. The fiscal  officer  as  herein  defined
shall  on a verified complaint in writing of any person interested or of
any employee  organization  pursuant  to  subdivision  eight-d  of  this
section,  and may on his own initiative cause a compliance investigation
to be made to determine whether the contractor or  a  subcontractor  has
paid  the  prevailing rate of wages and prevailing practices for supple-
ments in the same trade or occupation in the locality within  the  state
where  such  public  work  is  being  performed,  or  the hours of labor
performed by the workmen, laborers and mechanics employed on such public
work, or both.  The fiscal officer or his agents, examiners and  inspec-
tors  may examine or cause to be examined the books and records pertain-
ing to the rate of wages paid and supplements provided to the  laborers,
workmen  and  mechanics  on  said  public  work  and  the hours of labor
performed by such laborers, workmen and mechanics on said  public  work.
The fiscal officer in such investigation shall be deemed to be acting in
a judicial capacity, and shall have the right to issue subpoenas, admin-
ister  oaths and examine witnesses. The enforcement of a subpoena issued
under this section shall be regulated by  the  civil  practice  law  and
rules.    [Such] UPON RECEIPT OF ALL RECORDS REQUIRED UNDER THIS ARTICLE
FOR SUCH INVESTIGATION, THE fiscal officer  shall  TAKE  ALL  REASONABLE
STEPS  TO EXPEDITIOUSLY make either an order, determination or any other
disposition, including but not limited  to  an  agreed  upon  settlement
and/or  stipulation,  within  six months from the date of filing of such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03169-01-9
              

S. 5014                             2

verified complaint, and where a compliance investigation is made without
the filing of a verified complaint, within six months from  the  date  a
compliance  investigation  is initiated by such fiscal officer. Upon the
making  of  said order or determination, or upon arriving at such agreed
upon settlement and/or stipulation, a copy  thereof  shall  be  sent  by
certified  mail, return receipt requested, by the fiscal officer: (i) to
the person and employee organization, if any, who or which initiated the
complaint, (ii) to the person or corporation, if any, against  whom  the
complaint  was  brought,  and  (iii) where a compliance investigation is
made without the filing of a complaint, to the person who or  which  was
the subject of the compliance investigation.
  S 2. This act shall take effect immediately.