S T A T E O F N E W Y O R K
________________________________________________________________________
8454
I N S E N A T E
July 27, 2010
___________
Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the labor law and a chapter of the laws of 2010, amend-
ing the labor law relating to prevailing wages for service workers, as
proposed in legislative bills numbers S.8379-A and A.10257-D, in
relation to applicability of certain provisions relating to such wages
and the effective date of such chapter; and to repeal certain
provisions of the labor law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 230 of the labor law, as
amended by a chapter of the laws of 2010 amending the labor law relating
to prevailing wages for service workers, as proposed in legislative
bills numbers S.8379-A and A.10257-D, is amended to read as follows:
1. "Service employee" or "employee" means any person performing jani-
torial, or security service work for a contractor, [other than a busi-
ness improvement district,] under contract with a public agency which is
in excess of [ten] TWO thousand dollars and the principal purpose of
which is to furnish services through the use of service employees, or
any other person performing work in connection with the care or mainte-
nance of an existing building, or in connection with the transportation
of office furniture or equipment to or from such building, or in
connection with the transportation and delivery of fossil fuel to such
building, for a contractor under a contract with a public agency which
is in excess of [ten] TWO thousand dollars and the principal purpose of
which is to furnish services through the use of service employees.
"Service employee" or "employee" includes, but is not limited, to,
watchman, guard, doorman, building cleaner, porter, handyman, janitor,
gardener, groundskeeper, stationary fireman, elevator operator and star-
ter, window cleaner, and occupations relating to the collection of
garbage or refuse, and to the transportation of office furniture and
equipment, and to the transportation and delivery of fossil fuel but
does not include clerical, sales, professional, technician and related
occupations.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16378-32-0
S. 8454 2
"Service employee" or "employee" also does not include any employee to
whom the provisions of articles eight and eight-A of this chapter are
applicable.
2. "Service work" means work performed by a service employee, but does
not include work performed for a contractor under a contract for the
furnishing of services by radio, telephone, telegraph or cable companies
OR JANITORIAL OR SECURITY WORK PERFORMED ON THE PREMISES OWNED OR OPER-
ATED BY THE POWER AUTHORITY OF THE STATE OF NEW YORK UNLESS SUCH PREM-
ISES ARE JOINTLY OWNED OR OPERATED WITH ANY NON-GOVERNMENTAL PUBLIC
UTILITY OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF SUCH PUBLIC UTILITY
AS DEFINED IN SUBDIVISION THREE OF THIS SECTION. ["Service work" shall
also include work performed under a contract, with the exception of a
contract or subcontract in which a business improvement district is a
party, for the benefit of a public agency with any third party person or
entity acting in place of, on behalf of or for the benefit of such
public agency in the provision of building or property management
services or similar services pursuant to any lease or other agreement
between such third party person or entity and the public agency
provided, however, that "service work" shall not include work performed
under a lease or similar agreement in a privately owned building where
the space occupied by the public agency represents less than ten thou-
sand square feet.]
S 2. Subdivision 8 of section 231 of the labor law, as added by a
chapter of the laws of 2010 amending the labor law relating to prevail-
ing wages for service workers, as proposed in legislative bills numbers
S.8379-A and A.10257-D, is REPEALED.
S 3. Section 10 of a chapter of the laws of 2010, amending the labor
law relating to prevailing wages for service workers, as proposed in
legislative bills numbers S.8379-A and A.10257-D, is amended to read as
follows:
S 10. This act shall take effect on the ninetieth day after it shall
have become a law, and shall apply to all contracts or other agreements
entered into, renewed, or extended on or after such date; PROVIDED THAT
PAYMENT OF PREVAILING WAGES FOR WORK PERFORMED UNDER A CONTRACT OR OTHER
AGREEMENT MADE SUBJECT TO PREVAILING WAGE REQUIREMENTS BY THIS ACT SHALL
NOT BE REQUIRED FOR WORK PERFORMED BEFORE JULY 1, 2011; provided,
FURTHER however: (a) the amendments to subdivision 4 of section 230 of
the labor law made by section two of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 5 of
chapter 678 of the laws of 2007, as amended, when upon such date the
provisions of section four of this act shall take effect; and
(b) the amendments to subdivision 5 of section 231 of the labor law
made by section three of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 5 of chapter 678 of
the laws of 2007, as amended, when upon such date the provisions of
section five of this act shall take effect.
S 4. This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2010 amending the labor
law relating to prevailing wages for service workers, as proposed in
legislative bills numbers S.8379-A and A.10257-D, takes effect.
