senate Bill S3463

2013-2014 Legislative Session

Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay prevailing wage

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Feb 04, 2013 referred to labor

S3463 - Bill Details

See Assembly Version of this Bill:
A4760
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง230, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2379, A6134
2009-2010: S3057, A7601

S3463 - Bill Texts

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Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay minimum wage.

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BILL NUMBER:S3463

TITLE OF BILL: An act to amend the labor law, in relation to eliminat-
ing the delivery of fossil fuel from those building services for which
municipalities are required to pay prevailing wage

PURPOSE: This bill would eliminate the delivery of fossil fuel from
those building services for which municipalities are required to pay
prevailing wage.

SUMMARY OF PROVISIONS: Amends section 230 (1) of the labor law to remove
the transportation and delivery of fossil fuel from the definition of
"building service employee."

JUSTIFICATION: With the ever increasing cost of fossil fuels placing a
greater burden on local taxpayers, the state should be doing everything
we can to ensure that our villages, towns and counties are able to
purchase gasoline, diesel fuel and heating oil at the most reasonable
cost available.

This bill seeks to accomplish that by placing the delivery of fossil
fuel in the same category as other utility related services including
contracts for the delivery of electric lieht and power, water, steam and
gas which are not subject to the provisions of prevailing wage. In this
day and age, it only makes sense and will greatly assist municipalities
all across New York State with contracting for the purchase and delivery
of fossil fuels without overburdening the property taxpayer.

LEGISLATIVE HISTORY: S.2379 of 2011-12; S 3057 of 2009-10; S.7207 of
2008.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3463

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to eliminating  the  delivery
  of  fossil  fuel from those building services for which municipalities
  are required to pay prevailing wage

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

  Section  1.  Subdivision 1 of section 230 of the labor law, as amended
by chapter 542 of the laws of 1984, is amended to read as follows:
  1. "Building service employee" or "employee" means any person perform-
ing work in connection with the  care  or  maintenance  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 trans-
portation and delivery of fossil fuel to such building,] for a  contrac-
tor  under  a  contract  with  a public agency which is in excess of one
thousand five hundred dollars and the principal purpose of which  is  to
furnish services through the use of building service employees.
  "Building  service employee" or "employee" includes, but is not limit-
ed, to, watchman, guard, doorman, building  cleaner,  porter,  handyman,
janitor,  gardener, groundskeeper, stationary fireman, elevator operator
and starter, 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.
  "Building service employee" or "employee" also does  not  include  any
employee  to whom the provisions of articles eight and [eight-a] EIGHT-A
of this chapter are applicable.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08128-01-3

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