S T A T E   O F   N E W   Y O R K
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                                  5716

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced  by  M.  of  A. JORDAN, CORWIN, BURLING, P. LOPEZ, MONTESANO,
  FINCH, AMEDORE, MOLINARO -- Multi-Sponsored by --  M.  of  A.  CROUCH,
  GOODELL,  HAWLEY,  OAKS,  SAYWARD  --  read  once  and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to prevailing wages

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

  Section  1.  Paragraphs a and d of subdivision 5 of section 220 of the
labor law, paragraph a as amended and paragraph d as  added  by  chapter
447 of the laws of 1983, are amended to read as follows:
  a. The "prevailing rate of wage," for the intents and purposes of this
article, shall be [the rate of wage paid in the locality, as hereinafter
defined, by virtue of collective bargaining agreements between bona fide
labor  organizations  and  employers  of  the private sector, performing
public or private work provided that  said  employers  employ  at  least
thirty per centum of workers, laborers or mechanics in the same trade or
occupation  in  the  locality  where  the  work  is being performed. The
prevailing rate of wage shall be annually determined in accordance here-
with by the fiscal officer no later than thirty days prior to July first
of each year, and the prevailing rate of wage for the period  commencing
July  first  of  such  year  through  June  thirtieth, inclusive, of the
following year shall be the rate of wage set forth  in  such  collective
bargaining  agreements for the period commencing July first through June
thirtieth, including those increases for such period which are  directly
ascertainable  from  such collective bargaining agreements by the fiscal
officer in his annual determination.  In the event that it is determined
after a contest, as provided in subdivision six of  this  section,  that
less  than  thirty  percent  of  the workers, laborers or mechanics in a
particular trade or occupation in the locality where the work  is  being
performed receive a collectively bargained rate of wage, then] the aver-
age  wage  paid to such workers, laborers or mechanics in the same trade

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05761-01-1
              

A. 5716                             2

or occupation in the locality for the twelve-month period preceding  the
fiscal  officer's  annual determination [shall be the prevailing rate of
wage].  Laborers, workers or mechanics for whom  a  prevailing  rate  of
wage  is  to  be  determined shall not be considered in determining such
prevailing wage.  THE FISCAL OFFICER SHALL MAKE AN ANNUAL  DETERMINATION
OF THE PREVAILING WAGE, AND SHALL BE EMPOWERED TO CAUSE AN INVESTIGATION
TO  BE  MADE  TO  DETERMINE  THE WAGES PREVAILING IN ANY LOCALITY IN ALL
CRAFTS, TRADES AND OCCUPATIONS INVOLVED IN  WORK  TO  BE  PERFORMED;  IN
MAKING  SUCH  INVESTIGATION,  THE  FISCAL OFFICER SHALL UTILIZE WAGE AND
FRINGE BENEFIT DATA FROM VARIOUS SOURCES INCLUDING, BUT NOT LIMITED  TO,
DATA  AND  DETERMINATIONS  OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGEN-
CIES, INCLUSIVE OF DATA ENCOMPASSING BOTH EMPLOYERS WHOSE EMPLOYEES  ARE
SUBJECT  TO COLLECTIVE BARGAINING AGREEMENTS AS WELL AS EMPLOYERS NOT SO
SUBJECT, AND TO ESTABLISH SUCH RATES IN SUCH A FASHION AS TO  GATHER  AN
ACCURATE AND FAIR MEASURE OF THOSE WAGE RATES.
  d. "Locality" means [such areas of the state described and defined for
a  trade  or  occupation in the current collective bargaining agreements
between bona fide labor  organizations  and  employers  of  the  private
sector,  performing public and private work] THE COUNTY OR, IN THE EVENT
THAT A PROJECT CROSSES THE BOUNDARIES OF TWO COUNTIES,  THE  AVERAGE  OF
THE PREVAILING WAGE OF THOSE TWO COUNTIES AS DEFINED BY THE FISCAL OFFI-
CER. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, ALL
COUNTIES  COMPRISING  SUCH  A CITY SHALL BE CONSIDERED A SINGLE LOCALITY
FOR PURPOSES OF THIS SECTION.
  S 2. Subdivision 7 of section 230 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:
  7.  "Locality"  means [the state, a town, city, village or other civil
division or area of the state as determined by the fiscal  officer.  The
fiscal  officer  may  fix a different geographic area in determining the
locality for the prevailing basic hourly cash rate of pay and the local-
ity for prevailing supplements] THE COUNTY WHERE SUCH BUILDING  SERVICES
ARE PERFORMED. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR
MORE,  ALL  COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED A SINGLE
LOCALITY FOR PURPOSES OF THIS SECTION.
  S 3. Paragraph (a) of subdivision 1 of section 234 of the  labor  law,
as  added  by  chapter  777  of  the laws of 1971, is amended to read as
follows:
  (a) to cause an investigation  to  be  made  to  determine  the  wages
prevailing  in  any  locality  in  all  crafts,  trades  and occupations
involved in service work; in making such investigation, the fiscal offi-
cer may utilize wage  and  fringe  benefit  data  from  various  sources
including, but not limited to, data and determinations of federal, state
or  other  governmental  agencies,  INCLUSIVE  OF DATA ENCOMPASSING BOTH
EMPLOYERS WHOSE EMPLOYEES ARE SUBJECT TO  COLLECTIVE  BARGAINING  AGREE-
MENTS  AS  WELL AS EMPLOYERS NOT SO SUBJECT, AND TO ESTABLISH SUCH RATES
IN SUCH A FASHION AS TO GATHER AN ACCURATE AND  FAIR  MEASURE  OF  THOSE
WAGE RATES;
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.