S T A T E   O F   N E W   Y O R K
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                                  6143

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

AN  ACT to amend the labor law, in relation to inclusion of certain off-
  site custom fabrication as public work for the purposes of payment  of
  prevailing wage

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

  Section 1. Legislative findings and intent. The legislature finds  and
declares  that  the  prevailing wage law was established to provide fair
and equitable working conditions, wages and supplementary  benefits  for
persons employed on public works construction projects.
  The  legislature  further  finds  and  declares that there are growing
number of instances where materials are fabricated off the  public  work
job site either to meet the unique specifications of the project subject
to a public work contract or for the contractor's convenience.
  The  legislature further finds and declares that in many instances the
prevailing wage is not paid to persons involved in off-site  fabrication
of materials which are used specifically for public works projects.
  It  is the intent of the legislature that construction and fabrication
done off the public work site for  specific  use  only  in  public  work
projects be compensated at the prevailing wage rate.
  S  2.  Subdivision  3  of  section  220 of the labor law is amended by
adding a new closing paragraph to read as follows:
  "CUSTOM FABRICATION" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  FABRI-
CATION  OF  WOODWORK, CASES, CABINETS OR COUNTERS AND THE FABRICATION OF
ELECTRICAL, PLUMBING, HEATING,  COOLING,  VENTILATION  OR  EXHAUST  DUCT
SYSTEMS,  AND MECHANICAL INSULATION SOLELY AND SPECIFICALLY DESIGNED AND
ENGINEERED FOR INSTALLATION IN THE CONSTRUCTION, REPAIR OR RENOVATION OF
A BUILDING WHICH IS THE SUBJECT OF A CONTRACT  TO  WHICH  THE  STATE,  A
MUNICIPAL  CORPORATION,  A  PUBLIC  BENEFIT  CORPORATION OR A COMMISSION
APPOINTED PURSUANT TO LAW IS A PARTY. FOR THE PURPOSES OF THIS  SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09495-01-1
              

A. 6143                             2

SION  CONTRACTORS  OR SUBCONTRACTORS ENGAGED IN CUSTOM FABRICATION SHALL
NOT BE REGARDED AS MATERIAL SUPPLIERS. FOR THE PURPOSES OF THIS SUBDIVI-
SION, A LEGAL DAY'S WORK FOR WHICH THE PREVAILING RATE OF WAGES SHALL BE
PAID TO LABORERS, WORKERS AND MECHANICS SHALL INCLUDE CUSTOM FABRICATION
WHETHER  OR  NOT THE CUSTOM FABRICATION IS DONE ON THE PUBLIC WORK SITE.
IT SHALL BE A CONDITION OF THE CONTRACT CONCERNING SUCH OFF-SITE  CUSTOM
FABRICATION WORK THAT THE CONTRACTOR OR EMPLOYER AWARDED THE PUBLIC WORK
CONTRACT SHALL COVENANT TO PAY THE ON-SITE PREVAILING WAGE OF THE PUBLIC
WORK  PROJECT.  EACH CONTRACTOR WHO EMPLOYS WORKERS OFF-SITE ON A PUBLIC
WORK PROJECT MUST MAINTAIN CERTIFIED PAYROLLS AND PROVIDE SUCH PAYROLLS,
WITH ORIGINAL CERTIFICATIONS, TO THE CONTRACTING AGENCY  AT  LEAST  ONCE
EVERY THIRTY DAYS.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply only to those contracts put out to bid
on or after such effective date.