senate Bill S2546

2013-2014 Legislative Session

Relates to providing notification of prevailing wage violation allegations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to infrastructure and capital investment
Feb 01, 2013 committee discharged and committed to infrastructure and capital investment
Jan 18, 2013 referred to labor

Co-Sponsors

S2546 - Details

See Assembly Version of this Bill:
A1301
Law Section:
Labor Law
Laws Affected:
Amd ยงยง223 & 740, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5430, A2929A
2009-2010: A10838

S2546 - Summary

Relates to providing notification of prevailing wage violation allegations.

S2546 - Sponsor Memo

S2546 - Bill Text download pdf

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

                                  2546

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced by Sens. RANZENHOFER, ZELDIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Labor

AN  ACT to amend the labor law, in relation to providing notification of
  prevailing wage violation allegations

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

  Section  1. Section 223 of the labor law, as amended by chapter 929 of
the laws of 1935, is amended to read as follows:
  S 223. Enforcement of article. 1. If the  fiscal  officer  as  defined
herein  finds  that  any  person contracting with the state, a municipal
corporation, or any  commission  appointed  pursuant  to  law,  for  the
performance  of  any  public  work  fails  to  comply with or evades the
provisions of this article, he shall present evidence of  such  non-com-
pliance  or  evasion  to  the  officer,  department, board or commission
having charge of such work for enforcement.   [Wherein] SUBJECT  TO  THE
PROVISIONS  OF  SUBDIVISION  TWO  OF THIS SECTION, WHEREIN such evidence
indicates a non-compliance or evasion on the part of  a  sub-contractor,
the  contractor shall be responsible for such non-compliance or evasion.
It shall be the duty of any officer, department, board or commission  in
charge  of the construction of such public work contracts to enforce the
provisions of this article.
  2. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
CONTRACTOR  SHALL  BE RESPONSIBLE FOR THE NON-COMPLIANCE OR EVASION OF A
SUBCONTRACTOR UNDER THIS ARTICLE ONLY IF THE EMPLOYEE OF THE SUBCONTRAC-
TOR, OR THE EMPLOYEE'S  COLLECTIVE  BARGAINING  REPRESENTATIVE,  JOINTLY
TRUSTEED  FUND OR ANY OTHER INTERESTED PARTY HAS PROVIDED VERIFIED WRIT-
TEN NOTIFICATION TO THE CONTRACTOR OF SUCH NON-COMPLIANCE OR EVASION  IN
ACCORDANCE  WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH NOTICE MUST BE
PROVIDED TO THE CONTRACTOR WITHIN ONE YEAR  OF  THE  DATE  OF  THE  LAST
ALLEGED UNDERPAYMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00424-01-3

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