Assembly Bill A8071

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8071
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced by M. of A. ABBATE, BRINDISI -- 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 a 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
 and  all drafting related to the fabrication of materials which are used
 specifically for public works projects.
   It is the intent of the legislature that construction,  drafting,  and
 fabrication  done  off the public work site for specific use only in the
 public work project be compensated at the prevailing wage rate.
   § 2. Subdivision 3 of section 220 of  the  labor  law  is  amended  by
 adding a new closing paragraph to read as follows:
   NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, "CUSTOM
 FABRICATION" MEANS THE FABRICATION  AND  ALL  DRAFTING  RELATED  TO  THE
 FABRICATION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11871-01-7

 A. 8071                             2
 
 MUNICIPAL  CORPORATION,  A  PUBLIC  BENEFIT  CORPORATION  OR  COMMISSION
 APPOINTED  PURSUANT  TO  LAW  IS  A PARTY, AND ANY THIRD PARTY ACTING ON
 BEHALF OF ANY PUBLIC ENTITY;  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
 CONTRACTORS OR SUBCONTRACTORS ENGAGED IN CUSTOM FABRICATION AND DRAFTING
 RELATED TO SUCH FABRICATION SHALL NOT BE REGARDED AS MATERIAL SUPPLIERS.
 FOR  THE  PURPOSES OF THIS SUBDIVISION, A LEGAL DAY'S WORK FOR WHICH THE
 PREVAILING RATE OF WAGES SHALL BE PAID TO LABORERS, WORKERS AND  MECHAN-
 ICS  SHALL  INCLUDE  CUSTOM  FABRICATION AND THE DRAFTING OF SUCH FABRI-
 CATION WHETHER OR NOT THE CUSTOM FABRICATION OR DRAFTING THEREOF IS DONE
 ON THE PUBLIC WORKS SITE. EACH CONTRACTOR WHO EMPLOYS  WORKERS  OFF-SITE
 ON  A  PUBLIC WORKS PROJECT MUST MAINTAIN CERTIFIED PAYROLLS AND PROVIDE
 SUCH PAYROLLS, WITH ORIGINAL CERTIFICATIONS, TO THE  CONTRACTING  AGENCY
 AT LEAST ONCE EVERY THIRTY DAYS.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply only to those contracts  effective  on
 or after such date.