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.