S T A T E   O F   N E W   Y O R K
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                                  7861

                            I N  S E N A T E

                              May 18, 2016
                               ___________

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

AN ACT to amend the  labor  law  and  the  criminal  procedure  law,  in
  relation to hours, wages and supplements in contracts for public work

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

  Section 1. Subdivision 2 of section 220 of the labor law,  as  amended
by chapter 678 of the laws of 2007, is amended to read as follows:
  2.  [Each]  EVERY  contract  [to  which  the state or a public benefit
corporation or a municipal corporation or a commission appointed  pursu-
ant  to law is a party, and any contract for public work entered into by
a third party acting in place of, on behalf of and for  the  benefit  of
such  public  entity  pursuant  to  any lease, permit or other agreement
between such third party and the public entity, and  which  may  involve
the  employment of laborers, workers or mechanics] FOR PUBLIC WORK shall
contain a stipulation that no laborer, worker or mechanic in the  employ
of the contractor, subcontractor or other person doing or contracting to
do the whole or a part of the work contemplated by the contract shall be
permitted  or required to work more than eight hours in any one calendar
day or more than five days in any one week except in cases  of  extraor-
dinary emergency including fire, flood or danger to life or property. No
such  person  shall  be  so employed more than eight hours in any day or
more than five days in any one week except in such  emergency.  Extraor-
dinary  emergency  within the meaning of this section shall be deemed to
include situations in which sufficient laborers, workers  and  mechanics
cannot  be employed to carry on public work expeditiously as a result of
such restrictions upon the number of hours and days  of  labor  and  the
immediate  commencement or prosecution or completion without undue delay
of the public work is necessary in the judgment of the commissioner  for
the preservation of the contract site and for the protection of the life
and  limb  of  the  persons  using the same. Upon the application of any
person interested, the commissioner shall make  a  determination  as  to
whether  or  not  on any public project or on all public projects in any
area of this state, sufficient laborers, workers and mechanics of any or

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

                                                           LBD15374-01-6

S. 7861                             2

all classifications can be employed to carry on  work  expeditiously  if
their labor is restricted to eight hours per day and five days per week,
and  in  the  event  that the commissioner determines that there are not
sufficient workers, laborers and mechanics of any or all classifications
which may be employed to carry on such work expeditiously if their labor
is  restricted  to  eight  hours per day and five days per week, and the
immediate commencement or prosecution or completion without undue  delay
of  the public work is necessary in the judgment of the commissioner for
the preservation of the contract site and for the protection of the life
and limb of the persons using the same, the commissioner shall  grant  a
dispensation  permitting  all  laborers,  workers  and mechanics, or any
classification of such laborers, workers and  mechanics,  to  work  such
additional  hours  or  days  per  week on such public project or in such
areas the commissioner shall determine. Whenever such a dispensation  is
granted,  all  work  in  excess of eight hours per day and five days per
week shall be considered overtime work, and the  laborers,  workers  and
mechanics performing such work shall be paid a premium wage commensurate
with  the  premium  wages  prevailing  in  the area in which the work is
performed. No such dispensation shall be effective with respect  to  any
public  work unless and until the department of jurisdiction, as defined
in this section, certifies to the commissioner that such public work  is
of  an  important  nature  and that a delay in carrying it to completion
would result in serious disadvantage to the public.  Time  lost  in  any
week   because   of  inclement  weather  by  employees  engaged  in  the
construction, reconstruction and maintenance of highways outside of  the
limits of cities and villages may be made up during that week and/or the
succeeding three weeks.
  S  2.  Subdivision  5  of  section  220 of the labor law is amended by
adding four new paragraphs m, n, o and p to read as follows:
  M. FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK" MEANS  ANY  OF  THE
FOLLOWING:
  (I) CONSTRUCTION PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS;
  (II)  CONSTRUCTION  WORK  DONE  UNDER PRIVATE CONTRACT WHEN ALL OF THE
FOLLOWING CONDITIONS EXIST:
  (A) THE CONSTRUCTION CONTRACT IS BETWEEN PRIVATE PARTIES;
  (B) THE PROPERTY SUBJECT TO THE  CONSTRUCTION  CONTRACT  IS  PRIVATELY
OWNED,  BUT UPON COMPLETION OF THE CONSTRUCTION WORK, ANY PORTION OF THE
PROPERTY IS LEASED OR WILL BE LEASED TO THE STATE OR ANY PUBLIC  ENTITY,
AND ONE OF THE FOLLOWING CONDITIONS EXIST:
  (1)  THE  PUBLIC ENTITY ENTERED INTO OR BARGAINED FOR THE LEASE AGREE-
MENT PRIOR TO THE CONSTRUCTION CONTRACT; OR
  (2) THE CONSTRUCTION WORK IS PERFORMED ACCORDING TO PLANS,  SPECIFICA-
TIONS,  OR CRITERIA FURNISHED BY THE PUBLIC ENTITY, AND THE LEASE AGREE-
MENT BETWEEN THE LESSOR AND PUBLIC ENTITY, AS LESSEE,  IS  ENTERED  INTO
DURING,  OR  UPON  COMPLETION  OF,  THE CONSTRUCTION WORK, OR WITHIN SIX
MONTHS FOLLOWING COMPLETION OF THE CONSTRUCTION WORK; OR
  (III) CONSTRUCTION ON A PUBLIC WORK  OF  IMPROVEMENT  WHICH  IS  INCI-
DENTALLY  RELATED  TO AN OTHERWISE PRIVATE DEVELOPMENT PROJECT BUT WHICH
THE STATE OR PUBLIC ENTITY REQUIRES TO BE PERFORMED AS  A  CONDITION  OF
REGULATORY  APPROVAL.  ONLY THE PUBLIC IMPROVEMENT WORK SHALL BE SUBJECT
TO THIS ARTICLE PROVIDED (A) THE STATE OR PUBLIC ENTITY  CONTRIBUTES  NO
MONEY  OR  THE  EQUIVALENT  OF PUBLIC FUNDS AS DEFINED IN PARAGRAPH N OF
THIS SUBDIVISION TO THE  OVERALL  PROJECT  OTHER  THAN  IS  REQUIRED  TO
PERFORM THIS PUBLIC IMPROVEMENT WORK, AND (B) THE STATE OR PUBLIC ENTITY
MAINTAINS NO PROPRIETARY INTEREST IN THE OVERALL PROJECT.

S. 7861                             3

  N. "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" MEANS ALL OF THE
FOLLOWING:
  (I)  THE  PAYMENT  OF  MONEY OR THE EQUIVALENT OF MONEY, INCLUDING THE
ISSUANCE OF BONDS AND GRANTS, BY THE STATE OR  A  PUBLIC  ENTITY,  OR  A
THIRD  PARTY  ACTING  ON  BEHALF  OF AND FOR THE BENEFIT OF THE STATE OR
PUBLIC ENTITY, DIRECTLY TO OR ON BEHALF OF THE PUBLIC WORKS  CONTRACTOR,
SUBCONTRACTOR, OR DEVELOPER.
  (II) PERFORMANCE OF CONSTRUCTION WORK BY THE STATE OR ANY PUBLIC ENTI-
TY IN THE EXECUTION OF THE PROJECT.
  (III)  TRANSFER  BY  THE STATE OR A PUBLIC ENTITY OF AN ASSET OF VALUE
FOR LESS THAN FAIR MARKET VALUE.
  (IV) FEES, COSTS, RENTS, INSURANCE OR BOND PREMIUMS,  LOANS,  INTEREST
RATES,  TAXES,  OR  OTHER OBLIGATIONS THAT WOULD NORMALLY BE REQUIRED IN
THE EXECUTION OF THE CONTRACT, THAT ARE PAID, REDUCED, CHARGED  AT  LESS
THAN FAIR MARKET VALUE, WAIVED, OR FORGIVEN BY THE STATE OR PUBLIC ENTI-
TY.
  (V) MONEY LOANED BY THE STATE OR PUBLIC ENTITY THAT IS TO BE REPAID ON
A CONTINGENT BASIS.
  (VI)  CREDITS  THAT  ARE APPLIED BY THE STATE OR PUBLIC ENTITY AGAINST
REPAYMENT OBLIGATIONS TO THE STATE OR PUBLIC ENTITY.
  O. "PUBLIC ENTITY" INCLUDES, BUT IS  NOT  LIMITED  TO,  THE  STATE,  A
PUBLIC  BENEFIT CORPORATION, INDUSTRIAL DEVELOPMENT AGENCY, LOCAL DEVEL-
OPMENT  CORPORATION,  MUNICIPAL  CORPORATION,  SCHOOL  DISTRICT,   LOCAL
GOVERNMENT, JOB DEVELOPMENT AUTHORITY, DORMITORY AUTHORITY, CORRECTIONAL
AUTHORITY,  EDUCATIONAL  CORPORATION ESTABLISHED UNDER ARTICLE FIFTY-SIX
OF THE EDUCATION LAW, COMMISSION APPOINTED  PURSUANT  TO  LAW,  ENTITIES
TASKED WITH MAINTAINING PUBLIC PROPERTY, AND SIMILAR ENTITIES.
  P.  "CONSTRUCTION" INCLUDES, BUT IS NOT LIMITED TO, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, INSTALLATION, RENOVATION,
ALTERATION, AND CUSTOM FABRICATION. "CONSTRUCTION"  ALSO  INCLUDES  WORK
PREFORMED  DURING THE DESIGN AND PRECONSTRUCTION PHASES OF CONSTRUCTION,
INCLUDING BUT NOT LIMITED TO, INSPECTION AND  LAND  SURVEYING  WORK  AND
WORK  PERFORMED  DURING  THE  POST-CONSTRUCTION  PHASES OF CONSTRUCTION,
INCLUDING, BUT NOT LIMITED TO, ALL CLEANUP  WORK  AT  THE  JOBSITE.  FOR
PURPOSES  OF THIS PARAGRAPH, "INSTALLATION" INCLUDES, BUT IS NOT LIMITED
TO, THE ASSEMBLY AND DISASSEMBLY OF  FREESTANDING  AND  AFFIXED  MODULAR
OFFICE  SYSTEMS.  "CUSTOM  FABRICATION"  MEANS  THE  FABRICATION AND ALL
DRAFTING RELATED TO THE FABRICATION OF  WOODWORK,  CASES,  CABINETS,  OR
COUNTERS,  AND  THE  FABRICATION  OF  PLUMBING, HEATING, COOLING, VENTI-
LATION, OR EXHAUST DUCT SYSTEMS, AND MECHANICAL  INSULATION  SOLELY  AND
SPECIFICALLY   DESIGNED   AND   ENGINEERED   FOR   INSTALLATION  IN  THE
CONSTRUCTION, REPAIR, OR RENOVATION OF A BUILDING, REGARDLESS  OF  WHERE
THE CUSTOM FABRICATION IS PREFORMED.
  S 3. The labor law is amended by adding a new section 224-a to read as
follows:
  S  224-A.  STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED PURSUANT TO
THIS ARTICLE OR WHERE THE FISCAL  OFFICER  FINDS  THAT  ANY  PERSON,  IN
CONNECTION  WITH  THE PERFORMANCE OF ANY CONTRACT FOR PUBLIC WORK, FAILS
TO COMPLY WITH OR EVADES THE PROVISIONS OF THIS ARTICLE, THE COMMISSION-
ER MAY ISSUE A STOP-WORK ORDER. SUCH STOP-WORK ORDER SHALL BE SERVED  BY
REGULAR  MAIL,  AND  A  SECOND COPY MAY BE SERVED BY TELEFACSIMILE OR BY
ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON  RECEIPT  OF  ANY  OF  SUCH
NOTICES. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE COMMISSIONER DIRECTS
THAT  THE  STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMINATION ON THE
COMPLAINT OR WHERE SUCH FAILURE TO  COMPLY  OR  EVADE  HAS  BEEN  DEEMED
CORRECTED.

S. 7861                             4

  S 4. Section 2.10 of the criminal procedure law is amended by adding a
new subdivision 84 to read as follows:
  84. EMPLOYEES OF THE DEPARTMENT OF LABOR DESIGNATED BY THE COMMISSION-
ER  OF LABOR AS PEACE OFFICERS AND ASSIGNED BY THE COMMISSIONER OF LABOR
TO THE ENFORCEMENT OF ANY PROVISIONS  UNDER  ARTICLE  EIGHT  OR  ARTICLE
TWENTY-FIVE-B OF THE LABOR LAW.
  S 5. This act shall take effect immediately.