Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to labor |
Apr 27, 2009 |
referred to labor |
Senate Bill S5200
2009-2010 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5200 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2859
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §220, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A4128
2013-2014: A4646
2015-2016: A2823
2009-S5200 (ACTIVE) - Summary
Enacts the "owner-driver protection act"; requires public work contractors and subcontractors employing owner-drivers on public work projects to pay the prevailing rate of wage, provide appropriate supplements and provide workers' compensation and disability coverage to such drivers.
2009-S5200 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5200 TITLE OF BILL : An act to amend the labor law, in relation to owner-drivers employed on public work projects PURPOSE OR GENERAL IDEA OF THE BILL : To ensure that appropriate prevailing wage and overall workplace standards are maintained on public works projects for both owner-drivers and all other drivers employed by contractors and subcontractors on state and local public work projects. SUMMARY OF PROVISIONS : Amends section 220 of the labor law by adding a new section 3-f that defines "owner-driver" and ensures that public work project contracts are certified weekly by the department of jurisdiction and contain in the contract that each owner-driver receive a separate check for wages; motor vehicle rental; fringe and supplement payments, workers compensation coverage. The legislation ensures all owner-drivers receive prevailing wage and prohibits violators of the legislation from bidding upon or being awarded any contract for public work projects. JUSTIFICATION : There has been an increased utilization of owner-drivers in connection with on-site work on state and local public work projects and the delivery and/or removal of materials from such projects. Such utilization of owner-drivers has had the effect of
2009-S5200 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5200 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SAVINO -- 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 owner-drivers employed on public work projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "owner-driver protection act". S 2. Legislative findings. The legislature hereby finds that there has been increased utilization of owner-drivers in connection with on-site work on state and local public work projects and the delivery and/or removal of materials from such projects. Such utilization of owner-dri- vers has had the effect, in many cases, of undermining prevailing wage and overall workplace standards applicable to such public work projects. This legislation is being enacted to ensure that appropriate prevailing wage and overall workplace standards are maintained on public work projects for both owner-drivers and all other drivers employed by contractors and subcontractors on state and local public work projects. S 3. Section 220 of the labor law is amended by adding a new subdivi- sion 3-f to read as follows: 3-F. A. FOR THE PURPOSES OF THIS SUBDIVISION, "OWNER-DRIVER" SHALL MEAN ANY DRIVER WHO IS ENGAGED BY A CONTRACTOR OR SUBCONTRACTOR TO PERFORM ON-SITE WORK ON A PUBLIC WORK PROJECT OR TO DELIVER AND/OR REMOVE MATERIAL TO OR FROM ANY SUCH PROJECT, AND WHO UTILIZES MOTOR VEHICLES THAT SUCH DRIVER OWNS AND/OR LEASES FOR THE PURPOSE OF PERFORM- ING THE PUBLIC WORK. B. EVERY CONTRACTOR PERFORMING A PUBLIC WORK PROJECT, WHICH DIRECTLY OR THROUGH A SUBCONTRACTOR EMPLOYS ANY OWNER-DRIVER ON SUCH PROJECT, SHALL: (I) CERTIFY, ON A WEEKLY BASIS, TO THE DEPARTMENT OF JURISDICTION: (A) THAT EACH OWNER-DRIVER HAS RECEIVED A SEPARATE CHECK FOR: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05473-01-9
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