Senate Bill S9931

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9931
 
                             I N  S E N A T E
 
                              April 16, 2026
                                ___________
 
 Introduced  by  Sen.  BASKIN -- 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 prevailing  wage  require-
   ment  for  not-for-profit  theaters  and payment of their employees on
   productions funded by the New York state council on the arts  or  arts
   agencies  of  localities;  and  to amend the arts and cultural affairs
   law, in relation to requiring that an organization applying for  grant
   funding  shall provide to arts agencies a certification  that it  will
   enter into a labor peace agreement with at least one bona  fide  labor
   organization under certain circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a  new  article  8-B  to
 read as follows:
                                ARTICLE 8-B
          PREVAILING WAGE REQUIREMENT FOR NOT-FOR-PROFIT THEATERS
 SECTION 228.   DEFINITIONS.
         228-A. PREVAILING  WAGE  REQUIREMENT FOR NOT-FOR-PROFIT THEATERS
                  AND PAYMENT OF THEIR EMPLOYEES ON PRODUCTIONS FUNDED BY
                  THE NEW YORK STATE COUNCIL ON THE ARTS OR ARTS AGENCIES
                  OF LOCALITIES; RECORD KEEPING.
         228-B. POWERS OF THE FISCAL OFFICER.
         228-C. INVESTIGATION AND HEARING.
         228-D. FAILURE TO PROTEST UNDERPAYMENTS.
         228-E. STATEMENTS SHOWING AMOUNTS DUE FOR WAGES.
         228-F. PROVISIONS IN  CONTRACTS  PROHIBITING  DISCRIMINATION  ON
                  ACCOUNT  OF  RACE,  CREED, COLOR, NATIONAL ORIGIN, AGE,
                  SEX OR DISABILITY.
         228-G. PENALTIES.
         228-H. ENFORCEMENT OF ARTICLE.
   § 228. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "ARTS AGENCY" MEANS ANY PUBLIC AGENCY OF NEW YORK  STATE  OR  OF  A
 LOCALITY  OF  NEW YORK STATE THAT PROVIDES GRANTS TO PRODUCTIONS AT NOT-
 FOR-PROFIT THEATERS.
   2. "CONTRACT" MEANS ANY AGREEMENT BETWEEN A  PRODUCTION  AND  AN  ARTS
 AGENCY TO GRANT FUNDS TO SUCH PRODUCTION.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06595-06-6
 S. 9931                             2
 
   3. "CONTRACTOR" OR "SUBCONTRACTOR" MEANS A PRODUCTION THAT IS A RECIP-
 IENT OF A GRANT FROM AN ARTS AGENCY.
   4.  "EMPLOYEE"  MEANS  AN  EMPLOYEE  OF  A NOT-FOR-PROFIT THEATER THAT
 RECEIVES A GRANT AWARD FROM AN ARTS AGENCY INCLUDING BUT NOT LIMITED  TO
 ACTORS,  STAGE  MANAGERS,  PRODUCTION ASSISTANTS, SCENIC ARTISTS, SCENIC
 DESIGNERS,  COSTUME  DESIGNERS,  LIGHTING  DESIGNERS,  SOUND  DESIGNERS,
 PROJECTION  DESIGNERS, GRAPHIC ARTISTS, ART AND COSTUME DEPARTMENT COOR-
 DINATORS, USHERS, TICKET TAKERS, LINE DIRECTORS, PRESS  AGENTS,  COMPANY
 MANAGERS,  THEATRE  MANAGERS,  ENGINEERS, MUSICIANS, SINGERS, CHOREOGRA-
 PHERS, DANCERS, STAGING STAFF, BALLET SCHOOL FACULTY,  DIRECTORS,  FIGHT
 DIRECTORS,  INTIMACY DIRECTORS, DRESSERS, WARDROBERS, COSTUMERS, STITCH-
 ERS, TAILORS, DRAPERS, SHOPPERS, LAUNDRY WORKERS, DYERS, COSTUME TECHNI-
 CIANS, MILLINERS, CRAFTSPEOPLE, CHILD ACTORS, GUARDIANS, STAGEHANDS, BOX
 OFFICE TREASURERS, FIRST ASSISTANTS, AND TICKET SELLERS  EMPLOYED  ON  A
 PRODUCTION FUNDED BY AN ARTS AGENCY.
   5.  "ENTITY" MEANS A PARTNERSHIP, ASSOCIATION, JOINT VENTURE, COMPANY,
 SOLE PROPRIETORSHIP, CORPORATION OR ANY OTHER FORM OF DOING BUSINESS.
   6. "FISCAL OFFICER" MEANS THE COMPTROLLER OF THE STATE OF NEW YORK  OR
 OTHER ANALOGOUS OFFICER OF THE GOVERNING BODY OF AN ARTS AGENCY.
   7.  "GRANT"  MEANS  ANY  CAPITAL  AND/OR  OPERATIONAL  GRANT  MADE  TO
 PRODUCTIONS FUNDED BY AN ARTS AGENCY.
   8. "LOCALITY" MEANS THE STATE, OR A TOWN, CITY, VILLAGE OR OTHER CIVIL
 DIVISION OR AREA OF THE STATE AS DETERMINED BY THE FISCAL  OFFICER.  THE
 FISCAL  OFFICER  MAY  FIX A DIFFERENT GEOGRAPHIC AREA IN DETERMINING THE
 LOCALITY FOR THE PREVAILING BASIC HOURLY CASH RATE OF PAY AND THE LOCAL-
 ITY FOR PREVAILING SUPPLEMENTS.
   9. "NOT-FOR-PROFIT THEATER" MEANS A THEATER OPERATING  AS  A  NOT-FOR-
 PROFIT ENTITY PURSUANT TO NEW YORK STATE LAWS WITH A SEATING CAPACITY OF
 AT LEAST ONE HUNDRED.
   10.  "PARENT  COMPANY"  MEANS  AN  ENTITY  THAT  DIRECTLY CONTROLS THE
 CONTRACTOR OR SUBCONTRACTOR.
   11. "PREVAILING PRACTICES IN  THE  LOCALITY"  MEANS  THE  PRACTICE  OF
 PROVIDING  SUPPLEMENTS  BY  VIRTUE  OF  COLLECTIVE BARGAINING AGREEMENTS
 BETWEEN BONA FIDE LABOR ORGANIZATIONS THAT REPRESENT EMPLOYEES  OF  NOT-
 FOR-PROFIT THEATERS INCLUDING BUT NOT LIMITED TO ACTORS, STAGE MANAGERS,
 PRODUCTION ASSISTANTS, SCENIC ARTISTS, SCENIC DESIGNERS, COSTUME DESIGN-
 ERS,  LIGHTING DESIGNERS, SOUND DESIGNERS, PROJECTION DESIGNERS, GRAPHIC
 ARTISTS, ART AND COSTUME DEPARTMENT COORDINATORS, USHERS, TICKET TAKERS,
 LINE DIRECTORS, PRESS AGENTS, COMPANY MANAGERS, THEATRE MANAGERS,  ENGI-
 NEERS,  MUSICIANS,  SINGERS,  CHOREOGRAPHERS,  DANCERS,  STAGING  STAFF,
 BALLET SCHOOL FACULTY, DIRECTORS, FIGHT DIRECTORS,  INTIMACY  DIRECTORS,
 DRESSERS,  WARDROBERS, COSTUMERS, STITCHERS, TAILORS, DRAPERS, SHOPPERS,
 LAUNDRY WORKERS, DYERS, COSTUME  TECHNICIANS,  MILLINERS,  CRAFTSPEOPLE,
 CHILD  ACTORS,  GUARDIANS,  STAGEHANDS,  BOX  OFFICE  TREASURERS,  FIRST
 ASSISTANTS, AND TICKET SELLERS PROVIDED THAT SAID  EMPLOYERS  EMPLOY  AT
 LEAST THIRTY PER CENTUM OF SUCH EMPLOYEES IN THE LOCALITY, AS DETERMINED
 BY  THE  FISCAL  OFFICER  IN ACCORDANCE WITH THE PROVISIONS HEREIN. WITH
 RESPECT TO EACH SUPPLEMENT DETERMINED TO BE ONE OF THE PREVAILING  PRAC-
 TICES IN THE LOCALITY, THE AMOUNT OF SUCH SUPPLEMENT SHALL BE DETERMINED
 IN  THE  SAME MANNER AND AT THE SAME TIME AS THE PREVAILING RATE OF WAGE
 IS DETERMINED PURSUANT TO THIS SECTION.
   12. "PREVAILING WAGE"  MEANS  THE  RATE  OF  COMPENSATION  PAID  BY  A
 PRODUCTION,  BY  VIRTUE OF COLLECTIVE BARGAINING AGREEMENTS BETWEEN BONA
 FIDE LABOR ORGANIZATIONS  THAT  REPRESENT  EMPLOYEES  OF  NOT-FOR-PROFIT
 THEATERS INCLUDING BUT NOT LIMITED TO ACTORS, STAGE MANAGERS, PRODUCTION
 ASSISTANTS,  SCENIC ARTISTS, SCENIC DESIGNERS, COSTUME DESIGNERS, LIGHT-
 S. 9931                             3
 
 ING DESIGNERS, SOUND DESIGNERS, PROJECTION DESIGNERS,  GRAPHIC  ARTISTS,
 ART  AND  COSTUME  DEPARTMENT  COORDINATORS, USHERS, TICKET TAKERS, LINE
 DIRECTORS, PRESS AGENTS, COMPANY MANAGERS, THEATRE MANAGERS,  ENGINEERS,
 MUSICIANS,  SINGERS,  CHOREOGRAPHERS,  DANCERS,  STAGING  STAFF,  BALLET
 SCHOOL FACULTY, DIRECTORS, FIGHT DIRECTORS,  INTIMACY  DIRECTORS,  DRES-
 SERS,  WARDROBERS,  COSTUMERS,  STITCHERS,  TAILORS,  DRAPERS, SHOPPERS,
 LAUNDRY WORKERS, DYERS, COSTUME  TECHNICIANS,  MILLINERS,  CRAFTSPEOPLE,
 CHILD  ACTORS,  GUARDIANS,  STAGEHANDS,  BOX  OFFICE  TREASURERS,  FIRST
 ASSISTANTS, TICKET SELLERS, AND EMPLOYERS OF SUCH  EMPLOYEES  PERFORMING
 WORK ON A PRODUCTION FUNDED BY AN ARTS AGENCY WHERE SUCH LABOR ORGANIZA-
 TION  REPRESENTS AT LEAST THIRTY PER CENTUM OF EMPLOYEES IN THE LOCALITY
 WHERE SUCH WORK IS BEING PERFORMED. THE PREVAILING RATE OF WAGE SHALL BE
 ANNUALLY DETERMINED IN ACCORDANCE HEREWITH  BY  THE  FISCAL  OFFICER  NO
 LATER  THAN  THIRTY  DAYS  PRIOR  TO  JULY  FIRST  OF EACH YEAR, AND THE
 PREVAILING RATE OF WAGE FOR THE PERIOD COMMENCING  JULY  FIRST  OF  SUCH
 YEAR  THROUGH  JUNE THIRTIETH, INCLUSIVE, OF THE FOLLOWING YEAR SHALL BE
 THE RATE OF WAGE SET FORTH IN SUCH COLLECTIVE BARGAINING AGREEMENTS  FOR
 THE PERIOD COMMENCING JULY FIRST THROUGH JUNE THIRTIETH, INCLUDING THOSE
 INCREASES  FOR  SUCH  PERIOD  WHICH ARE DIRECTLY ASCERTAINABLE FROM SUCH
 COLLECTIVE BARGAINING AGREEMENTS BY THE FISCAL OFFICER IN SUCH OFFICER'S
 ANNUAL DETERMINATION.   IN THE EVENT  THAT  IT  IS  DETERMINED  AFTER  A
 CONTEST, AS PROVIDED IN SECTION TWO HUNDRED TWENTY-EIGHT-C OF THIS ARTI-
 CLE,  THAT  LESS  THAN  THIRTY  PERCENT OF THE EMPLOYEES IN THE LOCALITY
 WHERE THE WORK IS BEING PERFORMED RECEIVE A COLLECTIVELY BARGAINED  RATE
 OF  WAGE,  THEN  THE AVERAGE WAGE PAID TO SUCH EMPLOYEES IN THE LOCALITY
 FOR THE TWELVE-MONTH PERIOD PRECEDING THE FISCAL OFFICER'S ANNUAL DETER-
 MINATION SHALL BE THE PREVAILING RATE OF  WAGE.  EMPLOYEES  FOR  WHOM  A
 PREVAILING  RATE  OF WAGE IS TO BE DETERMINED SHALL NOT BE CONSIDERED IN
 DETERMINING SUCH PREVAILING WAGE.
   13. "PRODUCTION" MEANS A CORPORATION,  PARTNERSHIP,  LIMITED  PARTNER-
 SHIP,  OR  OTHER  ENTITY  OR INDIVIDUAL THAT PROVIDES COMPENSATION TO AN
 EMPLOYEE.
   14. "SUBSTANTIALLY-OWNED AFFILIATED ENTITY" MEANS THE  PARENT  COMPANY
 OF  THE CONTRACTOR OR SUBCONTRACTOR, ANY SUBSIDIARY OF THE CONTRACTOR OR
 SUBCONTRACTOR, OR ANY ENTITY IN WHICH THE PARENT OF  THE  CONTRACTOR  OR
 SUBCONTRACTOR  OWNS  MORE  THAN FIFTY PERCENT OF THE VOTING STOCK, OR AN
 ENTITY IN WHICH ONE OR MORE OF THE TOP FIVE SHAREHOLDERS OF THE CONTRAC-
 TOR OR SUBCONTRACTOR INDIVIDUALLY OR COLLECTIVELY ALSO OWNS  A  CONTROL-
 LING  SHARE  OF  THE VOTING STOCK, OR AN ENTITY WHICH EXHIBITS ANY OTHER
 INDICIA OF CONTROL OVER THE CONTRACTOR OR SUBCONTRACTOR  OR  OVER  WHICH
 THE  CONTRACTOR OR SUBCONTRACTOR EXHIBITS CONTROL, REGARDLESS OF WHETHER
 OR NOT THE CONTROLLING PARTY OR PARTIES HAVE ANY IDENTIFIABLE  OR  DOCU-
 MENTED OWNERSHIP INTEREST. SUCH INDICIA SHALL INCLUDE POWER OR RESPONSI-
 BILITY  OVER  EMPLOYMENT DECISIONS, ACCESS TO AND/OR USE OF THE RELEVANT
 ENTITY'S ASSETS OR EQUIPMENT, POWER OR RESPONSIBILITY OVER CONTRACTS  OF
 THE  ENTITY,  RESPONSIBILITY  FOR MAINTENANCE OR SUBMISSION OF CERTIFIED
 PAYROLL RECORDS, AND INFLUENCE OVER THE BUSINESS DECISIONS OF THE  RELE-
 VANT ENTITY.
   15. "SUBSIDIARY" MEANS AN ENTITY THAT IS CONTROLLED DIRECTLY, OR INDI-
 RECTLY  THROUGH  ONE  OR MORE INTERMEDIARIES, BY A CONTRACTOR OR SUBCON-
 TRACTOR OR THE CONTRACTOR'S PARENT COMPANY.
   16. "SUCCESSOR" MEANS AN ENTITY ENGAGED IN WORK SUBSTANTIALLY  SIMILAR
 TO  THAT  OF  THE  PREDECESSOR, WHERE THERE IS SUBSTANTIAL CONTINUITY OF
 OPERATION WITH THAT OF THE PREDECESSOR.
   17. "SUPPLEMENTS" MEANS ALL REMUNERATION FOR EMPLOYMENT  PAID  IN  ANY
 MEDIUM  OTHER  THAN CASH, OR REIMBURSEMENT FOR EXPENSES, OR ANY PAYMENTS
 S. 9931                             4
 
 WHICH ARE NOT "WAGES" WITHIN THE MEANING OF THE LAW, INCLUDING, BUT  NOT
 LIMITED TO, HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY, RETIREMENT AND
 VACATION  BENEFITS,  HOLIDAY  PAY,  LIFE  INSURANCE,  AND APPRENTICESHIP
 TRAINING.
   18. "WAGE" INCLUDES: (A) BASIC HOURLY CASH RATE OF PAY; AND (B) FRINGE
 BENEFITS  INCLUDING  MEDICAL OR HOSPITAL CARE, PENSIONS ON RETIREMENT OR
 DEATH, COMPENSATION FOR INJURIES OR ILLNESS RESULTING FROM  OCCUPATIONAL
 ACTIVITY,  OR  INSURANCE  TO  PROVIDE ANY OF THE FOREGOING, UNEMPLOYMENT
 BENEFITS, LIFE INSURANCE, DISABILITY AND  SICKNESS  INSURANCE,  ACCIDENT
 INSURANCE,  VACATION  AND  HOLIDAY PAY, COSTS OF APPRENTICESHIP OR OTHER
 SIMILAR PROGRAMS AND OTHER  BONA  FIDE  FRINGE  BENEFITS  NOT  OTHERWISE
 REQUIRED BY FEDERAL, STATE OR LOCAL LAW TO BE PROVIDED BY THE CONTRACTOR
 OR SUBCONTRACTOR.
   § 228-A. PREVAILING  WAGE  REQUIREMENT FOR NOT-FOR-PROFIT THEATERS AND
 PAYMENT OF THEIR EMPLOYEES ON PRODUCTIONS FUNDED BY THE NEW  YORK  STATE
 COUNCIL  ON  THE ARTS OR ARTS AGENCIES OF LOCALITIES; RECORD KEEPING. 1.
 IN ALL CASES WHERE WORK IS BEING  PERFORMED  PURSUANT  TO  A  COLLECTIVE
 BARGAINING AGREEMENT THE CONTRACTOR OR SUBCONTRACTOR SHALL KEEP ORIGINAL
 PAYROLLS  OR  TRANSCRIPTS  THEREOF,  SUBSCRIBED  AND  CONFIRMED  BY  THE
 CONTRACTOR OR SUBCONTRACTOR AS TRUE, UNDER PENALTY OF  PERJURY,  SHOWING
 THE  HOURS AND DAYS WORKED BY EACH EMPLOYEE, THE CRAFT, TRADE OR OCCUPA-
 TION AT WHICH THE EMPLOYEE WAS EMPLOYED, AND THE WAGES PAID.
   2. WHERE THE WAGES PAID INCLUDE SUMS WHICH ARE NOT  PAID  DIRECTLY  TO
 THE EMPLOYEES WEEKLY AND WHICH ARE EXPENDED FOR SUPPLEMENTS, THE RECORDS
 REQUIRED  TO BE MAINTAINED SHALL INCLUDE A RECORD OF SUCH HOURLY PAYMENT
 ON BEHALF OF SUCH EMPLOYEES, THE SUPPLEMENT FOR WHICH SUCH  PAYMENT  HAS
 BEEN  MADE,  AND THE NAME AND ADDRESS OF THE PERSON TO WHOM SUCH PAYMENT
 HAS BEEN MADE. IN ALL SUCH CASES, THE CONTRACTOR SHALL KEEP A  TRUE  AND
 INSCRIBED  COPY  OF  THE AGREEMENT UNDER WHICH SUCH PAYMENTS ARE MADE, A
 RECORD OF ALL NET PAYMENTS MADE THEREUNDER, AND A LIST  OF  ALL  PERSONS
 FOR WHOM SUCH PAYMENTS ARE MADE.
   3.  THE RECORDS REQUIRED TO BE MAINTAINED SHALL BE KEPT ON THE SITE OF
 THE WORK DURING ALL OF THE TIME THAT WORK UNDER THE  CONTRACT  IS  BEING
 PERFORMED.
   4.  ALL  RECORDS  REQUIRED  TO  BE MAINTAINED SHALL BE PRESERVED FOR A
 PERIOD OF THREE YEARS AFTER THE COMPLETION OF WORK.
   § 228-B. POWERS OF THE FISCAL OFFICER. 1. IN ADDITION  TO  THE  POWERS
 ENUMERATED  ELSEWHERE IN THIS ARTICLE, THE FISCAL OFFICER SHALL HAVE THE
 POWER TO:
   (A) CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE THE WAGES  PREVAIL-
 ING  IN  ANY  LOCALITY  FOR  WORK PERFORMED BY EMPLOYEES COVERED BY THIS
 ARTICLE AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE
 WAGE AND FRINGE BENEFIT DATA FROM VARIOUS  SOURCES  INCLUDING,  BUT  NOT
 LIMITED  TO,  DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERN-
 MENTAL AGENCIES;
   (B) INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSE-
 WHERE IN AID OF THE EFFECTIVE  ADMINISTRATION  AND  ENFORCEMENT  OF  THE
 PROVISIONS OF THIS ARTICLE;
   (C)  EXAMINE  THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES
 PAID TO, AND THE HOURS OF WORK PERFORMED BY, SUCH EMPLOYEES;
   (D) HOLD THE HEARINGS PROVIDED FOR IN THIS ARTICLE, AND IN  CONNECTION
 THEREWITH,  TO  ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE WITNESSES.
 THE ENFORCEMENT OF A SUBPOENA ISSUED UNDER THIS SECTION SHALL  BE  REGU-
 LATED BY THE CIVIL PRACTICE LAW AND RULES;
   (E)  MAKE  A  CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
 NIZED OCCUPATIONAL CATEGORY OF THE EMPLOYEES INVOLVED AND  TO  DETERMINE
 S. 9931                             5
 
 WHETHER  SUCH  WORK  HAS BEEN PERFORMED BY THE EMPLOYEES IN SUCH CLASSI-
 FICATION;
   (F)  REQUIRE  A  CONTRACTOR  OR  SUBCONTRACTOR TO FILE WITH THE FISCAL
 OFFICER A RECORD OF THE  WAGES  ACTUALLY  PAID  BY  SUCH  CONTRACTOR  OR
 SUBCONTRACTOR TO THE EMPLOYEES AND OF THEIR HOURS OF WORK;
   (G) DELEGATE ANY OF THE FOREGOING POWERS TO THE FISCAL OFFICER'S DEPU-
 TY OR OTHER AUTHORIZED REPRESENTATIVE;
   (H)  PROVIDE SUCH REASONABLE LIMITATIONS FROM ANY OR ALL PROVISIONS OF
 THIS ARTICLE AS THE FISCAL OFFICER MAY FIND NECESSARY AND PROPER IN  THE
 PUBLIC INTEREST OR TO AVOID SERIOUS IMPAIRMENT OF THE CONDUCT OF GOVERN-
 MENT BUSINESS; AND
   (I)  PROPOSE,  AND AFTER PUBLIC HEARING HELD BEFORE THE FISCAL OFFICER
 OR THE FISCAL OFFICER'S DESIGNEE, PROMULGATE SUCH RULES  AS  THE  FISCAL
 OFFICER SHALL CONSIDER NECESSARY FOR THE PROPER EXECUTION OF THE DUTIES,
 RESPONSIBILITIES  AND  POWERS  CONFERRED  UPON THE FISCAL OFFICER BY THE
 PROVISIONS OF THIS ARTICLE. SUCH RULES MAY ALLOW SUCH  REASONABLE  VARI-
 ATIONS,  TOLERANCES  AND EXEMPTIONS TO AND FROM ANY OR ALL PROVISIONS OF
 THIS ARTICLE AS THE FISCAL OFFICER MAY FIND NECESSARY AND PROPER IN  THE
 PUBLIC  INTEREST,  OR  TO  AVOID  SERIOUS  IMPAIRMENT  OF THE CONDUCT OF
 GOVERNMENT BUSINESS.
   2. FOR ALL WORK FOR WHICH THE COMMISSIONER IS THE FISCAL OFFICER,  THE
 COMMISSIONER  SHALL  ADDITIONALLY  HAVE  ALL  THE  POWERS GRANTED TO THE
 COMMISSIONER ELSEWHERE IN THIS CHAPTER.
   § 228-C. INVESTIGATION AND HEARING. 1. WHENEVER THE FISCAL OFFICER HAS
 REASON TO BELIEVE THAT AN EMPLOYEE HAS BEEN PAID  LESS  THAN  THE  WAGES
 STIPULATED  IN  THE  CONTRACT,  OR IF SUCH CONTRACT HAS NO WAGE SCHEDULE
 ATTACHED THERETO AND THE FISCAL OFFICER HAS REASON TO  BELIEVE  THAT  AN
 EMPLOYEE HAS BEEN PAID LESS THAN THE WAGES PREVAILING FOR THE EMPLOYEE'S
 CRAFT,  TRADE OR OCCUPATION, THE FISCAL OFFICER MAY, AND UPON RECEIPT OF
 A WRITTEN COMPLAINT FROM AN EMPLOYEE EMPLOYED THEREON, CONDUCT A SPECIAL
 INVESTIGATION TO DETERMINE THE FACTS RELATING THERETO.
   2. (A) AT THE START OF SUCH INVESTIGATION THE FISCAL OFFICER MAY NOTI-
 FY THE FINANCIAL OFFICER OF THE ARTS AGENCY INTERESTED WHO SHALL, AT THE
 DIRECTION OF THE FISCAL OFFICER, FORTHWITH WITHHOLD FROM ANY PAYMENT DUE
 TO THE CONTRACTOR OR SUBCONTRACTOR  EXECUTING  THE  CONTRACT  SUFFICIENT
 MONEY  TO  SAFEGUARD  THE RIGHTS OF THE EMPLOYEES AND TO COVER THE CIVIL
 PENALTY THAT MAY BE ASSESSED AS PROVIDED HEREIN, OR, IF THERE ARE INSUF-
 FICIENT MONEYS STILL DUE TO BE DISBURSED TO THE  CONTRACTOR  OR  SUBCON-
 TRACTOR  TO SAFEGUARD THE RIGHTS OF THE EMPLOYEES AND TO COVER THE CIVIL
 PENALTY THAT MAY BE ASSESSED AS PROVIDED HEREIN, THE  FINANCIAL  OFFICER
 OF  ANOTHER  ARTS AGENCY WHICH HAS ENTERED OR SUBSEQUENTLY ENTERS INTO A
 CONTRACT WITH THE CONTRACTOR OR SUBCONTRACTOR, SHALL WITHHOLD  FROM  ANY
 SUCH  PAYMENT  TO  THE  CONTRACTOR  OR SUBCONTRACTOR EXECUTING ANY WORK,
 SUFFICIENT MONEYS TO SAFEGUARD THE RIGHTS OF THE EMPLOYEES AND TO  COVER
 THE CIVIL PENALTY THAT MAY BE ASSESSED AS PROVIDED HEREIN.
   (B)  IF  THERE ARE STILL INSUFFICIENT MONEYS STILL DUE TO BE DISBURSED
 TO THE CONTRACTOR OR  SUBCONTRACTOR  TO  SAFEGUARD  THE  RIGHTS  OF  THE
 EMPLOYEES  AND  TO  COVER  THE  CIVIL  PENALTY  THAT  MAY BE ASSESSED AS
 PROVIDED HEREIN, THE FINANCIAL OFFICER SHALL IMMEDIATELY SO  NOTIFY  THE
 FISCAL  OFFICER,  WHO  MAY  ISSUE  A NOTICE OF WITHHOLDING TO ANY OF THE
 FOLLOWING: ANY SUBSTANTIALLY-OWNED AFFILIATED  ENTITY  OR  SUCCESSOR  OR
 SUBSIDIARY  OF  THE  CONTRACTOR  OR  SUBCONTRACTOR,  AN  OFFICER  OF THE
 CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN THE  VIOLATION
 OF THIS ARTICLE, ANY OF THE PARTNERS, IF THE CONTRACTOR OR SUBCONTRACTOR
 IS  A  PARTNERSHIP,  OR  ANY  OF  THE  FIVE  LARGEST SHAREHOLDERS OF THE
 CONTRACTOR OR SUBCONTRACTOR, AS DETERMINED BY THE FISCAL OFFICER.
 S. 9931                             6
 
   (C) THE NOTICE OF WITHHOLDING SHALL PROVIDE THAT  THE  FISCAL  OFFICER
 INTENDS  TO  INSTRUCT  THE  FINANCIAL  OFFICER,  NOT  LESS THAN TEN DAYS
 FOLLOWING OF THE NOTICE BY MAIL, TO WITHHOLD SUFFICIENT MONEYS TO  SAFE-
 GUARD  THE  RIGHTS  OF THE EMPLOYEES AND TO COVER THE CIVIL PENALTY THAT
 MAY  BE  ASSESSED  AS PROVIDED HEREIN, FROM ANY PAYMENT DUE THE NOTIFIED
 PARTY UNDER ANY CONTRACT PENDING FINAL DETERMINATION.    THE  NOTICE  OF
 WITHHOLDING  SHALL PROVIDE THAT WITHIN THIRTY DAYS FOLLOWING THE DATE OF
 THE NOTICE OF WITHHOLDING THE NOTIFIED PARTY MAY CONTEST THE WITHHOLDING
 ON THE BASIS THAT THE NOTIFIED PARTY IS NOT A PARTNER OR ONE OF THE FIVE
 LARGEST SHAREHOLDERS OF THE SUBCONTRACTOR OR CONTRACTOR, AN  OFFICER  OF
 THE  CONTRACTOR  OR  SUBCONTRACTOR  WHO  KNOWINGLY  PARTICIPATED  IN THE
 VIOLATION OF THIS ARTICLE, OR A SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR
 SUCCESSOR. IF THE NOTIFIED PARTY FAILS TO CONTEST THE  NOTICE  OF  WITH-
 HOLDING,  OR  IF  THE  FISCAL  OFFICER,  AFTER REVIEWING THE INFORMATION
 PROVIDED BY THE NOTIFIED PARTY IN  SUCH  CONTEST,  DETERMINES  THAT  THE
 NOTIFIED  PARTY  IS A PARTNER OR ONE OF THE FIVE LARGEST SHAREHOLDERS, A
 SUBSTANTIALLY-OWNED AFFILIATED ENTITY, AN OFFICER OF THE  CONTRACTOR  OR
 SUBCONTRACTOR  WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTI-
 CLE, OR A SUCCESSOR, THE FISCAL OFFICER MAY INSTRUCT THE FINANCIAL OFFI-
 CER TO IMMEDIATELY WITHHOLD SUFFICIENT MONEYS TO SAFEGUARD THE RIGHTS OF
 THE EMPLOYEES AND TO COVER THE CIVIL PENALTY THAT  MAY  BE  ASSESSED  AS
 PROVIDED  HEREIN  FROM FUNDS STILL TO BE DISBURSED TO THE NOTIFIED PARTY
 UNDER ANY CONTRACT PENDING THE FINAL DETERMINATION.
   (D) THE FINANCIAL OFFICER SHALL IMMEDIATELY IMPLEMENT  THE  NOTICE  OF
 WITHHOLDING  AND  CONFIRM IN WRITING TO THE FISCAL OFFICER THE AMOUNT OF
 MONEY WITHHELD.
   (E) IF THE NOTIFIED PARTY CONTESTS THE WITHHOLDING AFTER A WITHHOLDING
 HAS BEEN EFFECTED, AND IF THE FISCAL OFFICER DETERMINES THAT  THE  NOTI-
 FIED  PARTY  IS NOT A PARTNER OR ONE OF THE FIVE LARGEST SHAREHOLDERS, A
 SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR SUCCESSOR, OR AN OFFICER OF THE
 CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN THE  VIOLATION
 OF  THIS ARTICLE, THE FISCAL OFFICER SHALL IMMEDIATELY NOTIFY THE FINAN-
 CIAL OFFICER TO RELEASE ALL  FUNDS  BEING  WITHHELD  FROM  THE  NOTIFIED
 PARTY.
   (F)  THE MONEY SHALL BE HELD IN TRUST PENDING COMPLETION OF THE INVES-
 TIGATION.
   3. IF, DESPITE THE REQUIREMENTS OF LAW, THE CONTRACT FOR THE WORK  HAS
 BEEN  AWARDED  WITHOUT  THE  ANNEXATION THERETO OF THE SCHEDULE OF WAGES
 PROVIDED FOR IN THIS ARTICLE, THE FISCAL OFFICER SHALL DETERMINE IN  THE
 PROCEEDING  BEFORE  SUCH FISCAL OFFICER THE WAGES PREVAILING AT THE TIME
 THE WORK WAS PERFORMED FOR THE CRAFTS,  TRADES  OR  OCCUPATIONS  OF  THE
 EMPLOYEES INVOLVED.
   4. IN AN INVESTIGATION CONDUCTED UNDER THE PROVISIONS OF THIS SECTION,
 THE  INQUIRY  OF  THE  FISCAL OFFICER SHALL NOT EXTEND TO WORK PERFORMED
 MORE THAN TWO YEARS PRIOR TO:
   (A) THE FILING OF THE COMPLAINT; OR
   (B) THE COMMENCEMENT OF THE INVESTIGATION UPON  THE  FISCAL  OFFICER'S
 OWN VOLITION, WHICHEVER IS EARLIER IN POINT OF TIME.
   5.  (A) THE INVESTIGATION AND HEARING SHALL BE EXPEDITIOUSLY CONDUCTED
 AND UPON THE COMPLETION THEREOF THE FISCAL OFFICER SHALL  DETERMINE  THE
 ISSUES  RAISED  AND SHALL MAKE AND FILE AN ORDER IN THE FISCAL OFFICER'S
 OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE PERSONALLY  OR  BY
 MAIL  A  COPY  OF SUCH ORDER AND DETERMINATION TOGETHER WITH A NOTICE OF
 FILING UPON ALL PARTIES TO THE PROCEEDING AND UPON THE FINANCIAL OFFICER
 OF THE ARTS AGENCY INVOLVED.
 S. 9931                             7
 
   (B) IN ADDITION TO DIRECTING PAYMENT OF WAGES FOUND TO  BE  DUE,  SUCH
 ORDER  OF  THE  FISCAL  OFFICER MAY DIRECT PAYMENT OF A FURTHER SUM AS A
 CIVIL PENALTY IN AN AMOUNT NOT  EXCEEDING  TWENTY-FIVE  PERCENT  OF  THE
 TOTAL  AMOUNT  FOUND  TO BE DUE. IN ASSESSING THE AMOUNT OF THE PENALTY,
 DUE CONSIDERATION SHALL BE GIVEN TO THE SIZE OF THE EMPLOYER'S BUSINESS,
 THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF THE VIOLATION, THE HISTO-
 RY  OF  PREVIOUS VIOLATIONS OF THE EMPLOYER, SUCCESSOR OR SUBSTANTIALLY-
 OWNED AFFILIATED ENTITY OR ANY SUCCESSOR OF THE  CONTRACTOR  OR  SUBCON-
 TRACTOR,  ANY  OFFICER  OF THE CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY
 PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF  THE  PARTNERS
 IF  THE  CONTRACTOR OR SUBCONTRACTOR IS A PARTNERSHIP OR ANY OF THE FIVE
 LARGEST SHAREHOLDERS OF THE CONTRACTOR OR SUBCONTRACTOR,  AS  DETERMINED
 BY THE FISCAL OFFICER, OF SUCH UNDERPAYMENT OF WAGES OR SUPPLEMENTS, AND
 ANY  OFFICER  OF  THE  CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY PARTIC-
 IPATED IN THE VIOLATION OF THIS ARTICLE, AND THE FAILURE TO COMPLY  WITH
 RECORD  KEEPING OR OTHER NON-WAGE REQUIREMENTS. WHERE THE FISCAL OFFICER
 IS THE COMMISSIONER, THE PENALTY SHALL BE PAID TO THE  COMMISSIONER  FOR
 DEPOSIT  IN THE STATE TREASURY. WHERE THE FISCAL OFFICER IS A CITY COMP-
 TROLLER OR OTHER ANALOGOUS OFFICER, THE PENALTY SHALL BE  PAID  TO  SAID
 OFFICER FOR DEPOSIT IN THE CITY TREASURY.
   (C)  IF  THE ORDER DIRECTS THE PAYMENT TO SPECIFIED EMPLOYEES OF WAGES
 FOUND TO BE DUE AND UNPAID, INCLUDING INTEREST AT A RATE NOT  LESS  THAN
 SIX  PER  CENTUM PER YEAR AND NOT MORE THAN THE RATE OF INTEREST THEN IN
 EFFECT AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES  PURSU-
 ANT  TO  SECTION  FOURTEEN-A  OF THE BANKING LAW PER ANNUM FROM THE TIME
 SUCH WAGES SHOULD HAVE BEEN PAID, THE FINANCIAL  OFFICER  OF  SUCH  ARTS
 AGENCY  SHALL,  UPON THE SERVICE TO THE FINANCIAL OFFICER OF SUCH ORDER,
 PAY TO SUCH EMPLOYEES FROM THE TRUST MONEY WITHHELD THE  AMOUNTS  SPECI-
 FIED  IN  SUCH ORDER AND SHALL PAY THE CIVIL PENALTY AS PROVIDED HEREIN,
 PROVIDED NO REVIEW PROCEEDING PURSUANT  TO  THE  PROVISIONS  OF  ARTICLE
 SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES IS COMMENCED WITHIN
 THIRTY DAYS OF THE DATE SAID ORDER WAS FILED IN THE OFFICE OF THE FISCAL
 OFFICER. IF SUCH REVIEW IS TIMELY COMMENCED, THE  MONEY  WITHHELD  SHALL
 REMAIN  IN  TRUST PENDING FINAL DISPOSITION OF THE REVIEW PROCEEDING. IN
 DETERMINING THE RATE OF INTEREST TO BE IMPOSED THE FISCAL OFFICER  SHALL
 CONSIDER  THE  SIZE  OF  THE  EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE
 EMPLOYER,  THE  GRAVITY  OF  THE  VIOLATION,  THE  HISTORY  OF  PREVIOUS
 VIOLATIONS  OF THE EMPLOYER, SUCCESSOR OR SUBSTANTIALLY-OWNED AFFILIATED
 ENTITY OR ANY SUCCESSOR OF THE CONTRACTOR OR SUBCONTRACTOR, ANY  OFFICER
 OF  THE  CONTRACTOR  OR  SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN THE
 VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE CONTRACTOR  OR
 SUBCONTRACTOR  IS  A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS
 OF THE CONTRACTOR OR SUBCONTRACTOR, AS DETERMINED BY THE FISCAL OFFICER,
 AND THE FAILURE TO COMPLY WITH RECORD KEEPING OR OTHER NON-WAGE REQUIRE-
 MENTS.
   6. WHEN A FINAL DETERMINATION HAS BEEN MADE AND SUCH DETERMINATION  IS
 IN  FAVOR  OF  AN  EMPLOYEE, SUCH EMPLOYEE MAY, IN ADDITION TO ANY OTHER
 REMEDY PROVIDED BY THIS ARTICLE, INSTITUTE AN ACTION  IN  ANY  COURT  OF
 APPROPRIATE JURISDICTION AGAINST THE PERSON OR CORPORATION FOUND TO HAVE
 VIOLATED  THIS ARTICLE, ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR ANY
 SUCCESSOR OF  THE  CONTRACTOR  OR  SUBCONTRACTOR,  ANY  OFFICER  OF  THE
 CONTRACTOR  OR SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN THE VIOLATION
 OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE  CONTRACTOR  OR  SUBCON-
 TRACTOR  IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE
 CONTRACTOR OR SUBCONTRACTOR, AS DETERMINED BY THE  FISCAL  OFFICER,  FOR
 THE RECOVERY OF THE DIFFERENCE BETWEEN THE SUM, IF ANY, ACTUALLY PAID TO
 S. 9931                             8
 
 THE  EMPLOYEE  BY THE AFORESAID FINANCIAL OFFICER PURSUANT TO SAID ORDER
 AND THE AMOUNT FOUND TO BE DUE THE EMPLOYEE AS DETERMINED BY SAID ORDER.
 SUCH ACTION MUST BE COMMENCED WITHIN THREE YEARS FROM THE  DATE  OF  THE
 FILING  OF  SAID ORDER, OR IF THE SAID ORDER IS REVIEWED IN A PROCEEDING
 PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW  AND  RULES,
 WITHIN  THREE  YEARS  AFTER  THE  TERMINATION OF SUCH REVIEW PROCEEDING.
 PROVIDED THAT NO PROCEEDING FOR JUDICIAL  REVIEW  AS  PROVIDED  IN  THIS
 SECTION  SHALL  THEN  BE  PENDING  AND  THE  TIME FOR INITIATION OF SUCH
 PROCEEDING SHALL HAVE EXPIRED, THE FISCAL  OFFICER  MAY  FILE  WITH  THE
 COUNTY  CLERK OF THE COUNTY WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF
 BUSINESS THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND  TO
 BE DUE. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF
 A  JUDGMENT  DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER MAY BE
 ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN  THE  SAME  MANNER,
 AND  WITH  LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND
 RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
   7. WHEN, PURSUANT TO THE PROVISIONS OF THIS SECTION, TWO FINAL  ORDERS
 HAVE BEEN ENTERED AGAINST A CONTRACTOR, SUBCONTRACTOR, SUCCESSOR, OR ANY
 SUBSTANTIALLY-OWNED  AFFILIATED  ENTITY OF THE CONTRACTOR OR SUBCONTRAC-
 TOR, ANY OF THE PARTNERS IF THE CONTRACTOR OR SUBCONTRACTOR IS  A  PART-
 NERSHIP,  ANY  OF  THE  FIVE  LARGEST  SHAREHOLDERS OF THE CONTRACTOR OR
 SUBCONTRACTOR, ANY OFFICER OF THE CONTRACTOR OR SUBCONTRACTOR WHO  KNOW-
 INGLY  PARTICIPATED  IN THE VIOLATION OF THIS ARTICLE WITHIN ANY CONSEC-
 UTIVE SIX-YEAR PERIOD DETERMINING THAT SUCH CONTRACTOR OR  SUBCONTRACTOR
 AND/OR  ITS  SUCCESSOR,  SUBSTANTIALLY-OWNED  AFFILIATED  ENTITY  OF THE
 CONTRACTOR OR SUBCONTRACTOR, ANY OF THE PARTNERS  OR  ANY  OF  THE  FIVE
 LARGEST  SHAREHOLDERS OF THE CONTRACTOR OR SUBCONTRACTOR, ANY OFFICER OF
 THE CONTRACTOR  OR  SUBCONTRACTOR  WHO  KNOWINGLY  PARTICIPATED  IN  THE
 VIOLATION  OF  THIS  ARTICLE  HAS WILLFULLY FAILED TO PAY THE PREVAILING
 WAGES IN ACCORDANCE WITH THE PROVISIONS OF THIS  ARTICLE,  WHETHER  SUCH
 FAILURES  WERE  CONCURRENT  OR CONSECUTIVE AND WHETHER OR NOT SUCH FINAL
 DETERMINATIONS CONCERNING SEPARATE PUBLIC CONTRACTS ARE RENDERED  SIMUL-
 TANEOUSLY,   SUCH  CONTRACTOR,  SUBCONTRACTOR,  SUCCESSOR,  AND  IF  THE
 CONTRACTOR, SUBCONTRACTOR, SUCCESSOR, OR ANY SUBSTANTIALLY-OWNED  AFFIL-
 IATED  ENTITY OF THE CONTRACTOR OR SUBCONTRACTOR, ANY OF THE PARTNERS IF
 THE CONTRACTOR OR SUBCONTRACTOR IS A PARTNERSHIP, OR  ANY  OF  THE  FIVE
 LARGEST  SHAREHOLDERS OF THE CONTRACTOR OR SUBCONTRACTOR, ANY OFFICER OF
 THE CONTRACTOR  OR  SUBCONTRACTOR  WHO  KNOWINGLY  PARTICIPATED  IN  THE
 VIOLATION  OF THIS ARTICLE, OR ANY SUCCESSOR IS A CORPORATION, ANY OFFI-
 CER OF SUCH CORPORATION WHO  KNOWINGLY  PARTICIPATED  IN  SUCH  FAILURE,
 SHALL  BE INELIGIBLE TO SUBMIT A GRANT APPLICATION OR BE AWARDED A GRANT
 BY AN ARTS AGENCY COVERED BY THIS ARTICLE FOR A  PERIOD  OF  FIVE  YEARS
 FROM  THE  DATE  OF  THE SECOND ORDER, PROVIDED, HOWEVER, THAT WHERE ANY
 SUCH FINAL ORDER INVOLVES THE FALSIFICATION OF PAYROLL  RECORDS  OR  THE
 KICKBACK  OF  WAGES,  THE CONTRACTOR, SUBCONTRACTOR, SUCCESSOR, SUBSTAN-
 TIALLY-OWNED AFFILIATED ENTITY OF THE CONTRACTOR OR  SUBCONTRACTOR,  ANY
 PARTNER  IF  THE  CONTRACTOR OR SUBCONTRACTOR IS A PARTNERSHIP OR ANY OF
 THE FIVE LARGEST SHAREHOLDERS OF THE CONTRACTOR  OR  SUBCONTRACTOR,  ANY
 OFFICER OF THE CONTRACTOR OR SUBCONTRACTOR WHO KNOWINGLY PARTICIPATED IN
 THE  VIOLATION  OF  THIS  ARTICLE  SHALL BE INELIGIBLE TO SUBMIT A GRANT
 APPLICATION OR BE AWARDED A GRANT,  CONTRACT  OR  SUBCONTRACT  WITH  THE
 STATE,  OR ANY MUNICIPAL CORPORATION OR PUBLIC BODY FOR A PERIOD OF FIVE
 YEARS FROM THE DATE OF THE FIRST FINAL ORDER. NOTHING IN  THIS  SUBDIVI-
 SION  SHALL  BE CONSTRUED AS AFFECTING ANY PROVISION OF ANY OTHER LAW OR
 REGULATION RELATING TO THE AWARDING OF PUBLIC CONTRACTS OR GRANTS.
 S. 9931                             9
 
   8. (A) WHEN A  FINAL  DETERMINATION  HAS  BEEN  MADE  IN  FAVOR  OF  A
 COMPLAINANT  AND  THE  CONTRACTOR  OR SUBCONTRACTOR FOUND VIOLATING THIS
 ARTICLE HAS FAILED TO MAKE PAYMENT AS  REQUIRED  BY  THE  ORDER  OF  THE
 FISCAL  OFFICER,  AND  PROVIDED THAT NO RELEVANT PROCEEDING FOR JUDICIAL
 REVIEW  SHALL  THEN  BE  PENDING  AND  THE  TIME  FOR INITIATION OF SUCH
 PROCEEDING SHALL HAVE EXPIRED, THE FISCAL OFFICER MAY FILE A COPY OF THE
 ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO BE  DUE  WITH
 THE  COUNTY CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF BUSINESS OF ANY
 OF THE FOLLOWING:
   (I) ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR ANY SUCCESSOR OF  THE
 CONTRACTOR OR SUBCONTRACTOR;
   (II) ANY OF THE PARTNERS IF THE CONTRACTOR OR SUBCONTRACTOR IS A PART-
 NERSHIP  OR  ANY  OF  THE FIVE LARGEST SHAREHOLDERS OF THE CONTRACTOR OR
 SUBCONTRACTOR, AS DETERMINED BY THE FISCAL OFFICER; OR
   (III) ANY OFFICER OF THE CONTRACTOR  OR  SUBCONTRACTOR  WHO  KNOWINGLY
 PARTICIPATED  IN  THE VIOLATION OF THIS ARTICLE; PROVIDED, HOWEVER, THAT
 THE FISCAL OFFICER SHALL WITHIN FIVE DAYS OF THE  FILING  OF  THE  ORDER
 PROVIDE  NOTICE  THEREOF  TO  THE  PARTNER  OR A TOP FIVE SHAREHOLDER OR
 SUCCESSOR OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY. THE  NOTIFIED  PARTY
 MAY  CONTEST  THE  FILING ON THE BASIS THAT IT IS NOT A PARTNER OR A TOP
 FIVE SHAREHOLDER, AN OFFICER OF  THE  CONTRACTOR  OR  SUBCONTRACTOR  WHO
 KNOWINGLY  PARTICIPATED  IN  THE VIOLATION OF THIS ARTICLE, SUCCESSOR OR
 SUBSTANTIALLY-OWNED AFFILIATED ENTITY. IF, AFTER REVIEWING THE  INFORMA-
 TION  PROVIDED  BY  THE  NOTIFIED  PARTY IN SUPPORT OF SUCH CONTEST, THE
 FISCAL OFFICER DETERMINES THAT THE NOTIFIED  PARTY  IS  NOT  WITHIN  THE
 DEFINITIONS DESCRIBED HEREIN, THE FISCAL OFFICER SHALL IMMEDIATELY WITH-
 DRAW THE FILING OF THE ORDER.
   (B) THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A
 JUDGMENT  DULY  DOCKETED  IN  THE OFFICE OF SUCH CLERK. THE ORDER MAY BE
 ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN  THE  SAME  MANNER,
 AND  WITH  LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND
 RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
   9. WHEN A FINAL DETERMINATION HAS BEEN MADE AGAINST A SUBCONTRACTOR IN
 FAVOR OF A COMPLAINANT AND  THE  CONTRACTOR  HAS  MADE  PAYMENT  TO  THE
 COMPLAINANT  OF ANY WAGES AND INTEREST DUE THE COMPLAINANT AND ANY CIVIL
 PENALTY, AND PROVIDING THAT NO RELEVANT PROCEEDING FOR  JUDICIAL  REVIEW
 SHALL  THEN  BE  PENDING  AND THE TIME FOR INITIATION OF SUCH PROCEEDING
 SHALL HAVE EXPIRED, THE CONTRACTOR MAY FILE A COPY OF THE ORDER  OF  THE
 FISCAL  OFFICER  CONTAINING  THE  AMOUNT FOUND TO BE DUE WITH THE COUNTY
 CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF BUSINESS OF THE SUBCONTRAC-
 TOR. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF  A
 JUDGMENT  DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE JUDGMENT MAY BE
 DOCKETED IN FAVOR OF THE CONTRACTOR WHO MAY PROCEED AS A JUDGMENT CREDI-
 TOR AGAINST THE SUBCONTRACTOR FOR THE RECOVERY OF ALL MONIES PAID BY THE
 CONTRACTOR UNDER SUCH ORDER.
   § 228-D. FAILURE TO PROTEST UNDERPAYMENTS. NOTWITHSTANDING ANY  INCON-
 SISTENT  PROVISION  OF  THIS CHAPTER OR OF ANY OTHER GENERAL, SPECIAL OR
 LOCAL LAW, ORDINANCE, CHARTER OR ADMINISTRATIVE CODE, AN EMPLOYEE  SHALL
 NOT  BE  BARRED  FROM  THE  RIGHT  TO RECOVER THE DIFFERENCE BETWEEN THE
 AMOUNT ACTUALLY PAID TO THE EMPLOYEE AND THE AMOUNT  WHICH  SHOULD  HAVE
 BEEN  PAID  TO  THE  EMPLOYEE  PURSUANT  TO  AN  ORDER ENTERED UNDER THE
 PROVISIONS OF THIS ARTICLE BECAUSE OF THE PRIOR RECEIPT BY THE  EMPLOYEE
 WITHOUT PROTEST OF WAGES PAID OR ON ACCOUNT OF THE EMPLOYEE'S FAILURE TO
 STATE ORALLY OR IN WRITING UPON ANY PAYROLL OR RECEIPT WHICH THE EMPLOY-
 EE  IS  REQUIRED  TO  SIGN  THAT  THE WAGES RECEIVED BY THE EMPLOYEE ARE
 RECEIVED UNDER PROTEST, OR ON ACCOUNT OF THE EMPLOYEE'S FAILURE TO INDI-
 S. 9931                            10
 
 CATE THE EMPLOYEE'S PROTEST AGAINST THE AMOUNT, OR THAT  THE  AMOUNT  SO
 PAID  DOES  NOT CONSTITUTE PAYMENT IN FULL OF WAGES DUE THE EMPLOYEE FOR
 THE PERIOD COVERED BY SUCH PAYMENT.
   §  228-E.  STATEMENTS SHOWING AMOUNTS DUE FOR WAGES. 1. SUBCONTRACTORS
 ENGAGED FOR WORK BY  A  CONTRACTOR  OR  ITS  SUBCONTRACTOR  SHALL,  UPON
 RECEIPT  FROM  THE  CONTRACTOR  OR  ITS SUBCONTRACTOR OF THE SCHEDULE OF
 WAGES AND SUPPLEMENTS SPECIFIED IN THE CONTRACT, PROVIDE TO THE CONTRAC-
 TOR OR ITS SUBCONTRACTOR A VERIFIED STATEMENT ATTESTING THAT THE SUBCON-
 TRACTOR HAS RECEIVED AND REVIEWED SUCH SCHEDULE  OF  WAGES  AND  SUPPLE-
 MENTS,  AND  AGREES THAT IT WILL PAY THE APPLICABLE PREVAILING WAGES AND
 WILL PAY OR PROVIDE THE SUPPLEMENTS  SPECIFIED  THEREIN.  SUCH  VERIFIED
 STATEMENT SHALL BE FILED IN THE MANNER DESCRIBED IN SUBDIVISION THREE OF
 THIS SECTION. IT SHALL BE A VIOLATION OF THIS ARTICLE FOR ANY CONTRACTOR
 OR  ITS SUBCONTRACTOR TO FAIL TO PROVIDE FOR ITS SUBCONTRACTOR A COPY OF
 THE SCHEDULE OF WAGES AND SUPPLEMENTS SPECIFIED IN THE CONTRACT.
   2. BEFORE GRANT FUNDS ARE RELEASED BY AN ARTS AGENCY IT SHALL  BE  THE
 DUTY  OF THE COMPTROLLER OR THE FINANCIAL OFFICER OF SUCH ARTS AGENCY OR
 OTHER OFFICER OR PERSON CHARGED WITH THE CUSTODY AND DISBURSEMENT OF THE
 GRANT FUNDS PURSUANT TO THE CONTRACT AND UNDER WHICH PAYMENT IS MADE, TO
 REQUIRE THE CONTRACTOR TO FILE A STATEMENT IN WRITING IN FORM  SATISFAC-
 TORY  TO  SUCH OFFICER CERTIFYING TO THE AMOUNTS THEN DUE AND OWING FROM
 SUCH CONTRACTOR FILING SUCH STATEMENT TO OR ON BEHALF  OF  ANY  AND  ALL
 EMPLOYEES  FOR  DAILY OR WEEKLY WAGES ON ACCOUNT OF LABOR PERFORMED UPON
 THE WORK UNDER THE CONTRACT, SETTING FORTH  THEREIN  THE  NAMES  OF  THE
 PERSONS  WHOSE  WAGES  ARE  UNPAID AND THE AMOUNT DUE TO OR ON BEHALF OF
 EACH RESPECTIVELY, WHICH STATEMENT SO TO BE FILED SHALL BE  VERIFIED  BY
 THE  OATH  OF THE CONTRACTOR THAT THE CONTRACTOR HAS READ SUCH STATEMENT
 SUBSCRIBED BY THE CONTRACTOR AND KNOWS THE CONTENTS  THEREOF,  AND  THAT
 THE SAME IS TRUE OF THE CONTRACTOR'S OWN KNOWLEDGE.
   3.  BEFORE  PAYMENT  IS  MADE BY OR ON BEHALF OF AN ARTS AGENCY OF ANY
 SUMS DUE ON ACCOUNT OF A CONTRACT AND REPRESENTING THE FINAL PORTION  OF
 TWENTY  PERCENT OF THE TOTAL AMOUNT PAYABLE UNDER THE CONTRACT, IT SHALL
 BE THE DUTY OF THE COMPTROLLER OR THE FINANCIAL  OFFICER  OF  SUCH  ARTS
 AGENCY OR OTHER OFFICER OR PERSON CHARGED WITH THE CUSTODY AND DISBURSE-
 MENT OF THE GRANT FUNDS APPLICABLE TO THE CONTRACT UNDER AND PURSUANT TO
 WHICH  PAYMENT  IS MADE TO REQUIRE THE CONTRACTOR TO FILE EVERY VERIFIED
 STATEMENT REQUIRED TO BE OBTAINED BY THE CONTRACTOR FROM ITS SUBCONTRAC-
 TORS PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND TO FILE A STATEMENT
 IN WRITING IN FORM  SATISFACTORY  TO  SUCH  OFFICER  SETTING  FORTH  THE
 AMOUNTS  KNOWN BY THE CONTRACTOR TO BE THEN DUE AND OWING FROM A SUBCON-
 TRACTOR, OR FROM A SUBCONTRACTOR OF SUCH SUBCONTRACTOR, FOR  SUCH  WAGES
 AND  SUPPLEMENTS,  OR CERTIFYING THAT THE CONTRACTOR HAS NO KNOWLEDGE OF
 SUCH AMOUNTS OWING TO OR ON BEHALF OF ANY EMPLOYEES OF  ITS  SUBCONTRAC-
 TORS,  AND  THAT  IN THE EVENT IT IS DETERMINED BY THE COMMISSIONER THAT
 THE WAGES OR SUPPLEMENTS OR BOTH OF ANY EMPLOYEES OF SUCH SUBCONTRACTORS
 HAVE NOT BEEN PAID OR PROVIDED PURSUANT TO THE APPROPRIATE  SCHEDULE  OF
 WAGES  AND  SUPPLEMENTS, THE CONTRACTOR SHALL BE RESPONSIBLE FOR PAYMENT
 OF SUCH WAGES OR SUPPLEMENTS PURSUANT TO THE PROVISIONS OF  SECTION  TWO
 HUNDRED  TWENTY-EIGHT-A OF THIS ARTICLE. BEFORE FINAL PAYMENT IS MADE OF
 ANY SUMS DUE ON ACCOUNT  OF  SUCH  CONTRACT,  THE  CONTRACTOR  SHALL  BE
 REQUIRED  TO  FILE A SUPPLEMENTAL STATEMENT SETTING FORTH ANY ADDITIONAL
 AMOUNTS KNOWN BY THE CONTRACTOR TO BE THEN DUE AND OWING BY EACH SUBCON-
 TRACTOR FOR SUCH WAGES OR SUPPLEMENTS, OR THAT  THE  CONTRACTOR  HAS  NO
 KNOWLEDGE  OF  SUCH AMOUNTS OWING TO OR ON BEHALF OF ANY EMPLOYEE OF ITS
 SUBCONTRACTORS. SUCH STATEMENTS SO TO BE FILED SHALL BE VERIFIED BY  THE
 OATH  OF  THE  CONTRACTOR  THAT  THE CONTRACTOR HAS READ SUCH STATEMENTS
 S. 9931                            11
 
 SUBSCRIBED BY THE CONTRACTOR AND KNOWS THE CONTENTS  THEREOF,  AND  THAT
 THE  SAME IS TRUE OF THE CONTRACTOR'S OWN KNOWLEDGE, EXCEPT WITH RESPECT
 TO WAGES AND SUPPLEMENTS OWING BY SUBCONTRACTORS WHICH MAY BE  CERTIFIED
 UPON INFORMATION AND BELIEF.
   4.  IF  ANY INTERESTED PERSON SHALL HAVE PREVIOUSLY FILED A PROTEST IN
 WRITING OBJECTING TO THE RELEASE OF GRANT FUNDS  TO  ANY  CONTRACTOR  OR
 SUBCONTRACTOR  TO  THE  EXTENT OF THE AMOUNT OR AMOUNTS DUE OR TO BECOME
 DUE TO SUCH PERSON FOR DAILY OR WEEKLY WAGES FOR LABOR PERFORMED ON  THE
 WORK  WHICH  WAS FUNDED BY SUCH GRANT, OR IF FOR ANY OTHER REASON IT MAY
 BE DEEMED ADVISABLE, THE COMPTROLLER OR THE  FINANCIAL  OFFICER  OF  THE
 ARTS  AGENCY  OR  OTHER  OFFICER  OR PERSON CHARGED WITH THE CUSTODY AND
 DISBURSEMENT OF THE GRANT FUNDS APPLICABLE  TO  THE  CONTRACT  FOR  SUCH
 WORK, MAY DEDUCT FROM THE WHOLE AMOUNT OF ANY PAYMENT ON ACCOUNT THEREOF
 THE  SUM  OR  SUMS  ADMITTED  BY ANY CONTRACTOR OR SUBCONTRACTOR IN SUCH
 STATEMENT OR STATEMENTS AS FILED TO BE DUE AND OWING BY  THE  CONTRACTOR
 OR  SUBCONTRACTOR  ON  ACCOUNT  OF  LABOR  PERFORMED ON SUCH WORK BEFORE
 DISBURSING SUCH GRANT FUNDS, AND MAY WITHHOLD THE AMOUNT SO DEDUCTED FOR
 THE BENEFIT OF THE EMPLOYEES WHOSE WAGES ARE  UNPAID  AS  SHOWN  BY  THE
 VERIFIED  STATEMENTS  FILED  BY ANY CONTRACTOR OR SUBCONTRACTOR, AND MAY
 PAY DIRECTLY TO ANY PERSON THE AMOUNT OR AMOUNTS SHOWN BY THE STATEMENTS
 FILED AS HEREINBEFORE REQUIRED TO BE DUE TO SUCH PERSON OR SUCH PERSON'S
 DULY AUTHORIZED COLLECTIVE BARGAINING LABOR ORGANIZATION RECEIVING  SUCH
 PAYMENT TO THE EXTENT OF THE AMOUNT THEREOF.
   § 228-F. PROVISIONS IN CONTRACTS PROHIBITING DISCRIMINATION ON ACCOUNT
 OF  RACE,  CREED,  COLOR, NATIONAL ORIGIN, AGE, SEX OR DISABILITY. EVERY
 CONTRACT FOR WORK SHALL  CONTAIN  PROVISIONS  BY  WHICH  THE  CONTRACTOR
 AGREES:
   1.  THAT  IN THE HIRING OF EMPLOYEES FOR THE PERFORMANCE OF WORK UNDER
 THE CONTRACT OR ANY SUBCONTRACT THEREUNDER WITHIN THE TERRITORIAL LIMITS
 OF THIS STATE, NO CONTRACTOR OR SUBCONTRACTOR, NOR ANY PERSON ACTING  ON
 BEHALF  OF  SUCH  CONTRACTOR  OR SUBCONTRACTOR, SHALL BY REASON OF RACE,
 CREED, COLOR, NATIONAL ORIGIN,  AGE,  SEX  OR  DISABILITY,  DISCRIMINATE
 AGAINST ANY CITIZEN OF THE STATE OF NEW YORK WHO IS QUALIFIED AND AVAIL-
 ABLE TO PERFORM THE WORK TO WHICH THE EMPLOYMENT RELATES;
   2.  THAT NO CONTRACTOR OR SUBCONTRACTOR, NOR ANY PERSON ACTING ON SUCH
 ENTITY'S BEHALF SHALL, IN ANY MANNER, DISCRIMINATE AGAINST OR INTIMIDATE
 ANY EMPLOYEE HIRED FOR THE PERFORMANCE OF WORK  UNDER  THE  CONTRACT  ON
 ACCOUNT OF RACE, CREED, COLOR, NATIONAL ORIGIN, AGE, SEX OR DISABILITY;
   3.  THAT THERE MAY BE DEDUCTED FROM THE AMOUNT PAYABLE TO THE CONTRAC-
 TOR BY THE ARTS AGENCY UNDER THE CONTRACT A PENALTY OF FIFTY DOLLARS FOR
 EACH PERSON FOR EACH DAY DURING  WHICH  SUCH  PERSON  WAS  DISCRIMINATED
 AGAINST  OR  INTIMIDATED IN VIOLATION OF THE PROVISIONS OF THE CONTRACT;
 AND
   4. THAT THE CONTRACT MAY BE CANCELLED OR TERMINATED BY THE ARTS  AGEN-
 CY,  AND  ALL MONEYS OTHERWISE TO BE DISBURSED PURSUANT TO SUCH CONTRACT
 MAY BE FORFEITED FOR A SECOND OR ANY SUBSEQUENT VIOLATION OF  THE  TERMS
 OR CONDITIONS OF THIS SECTION OF THE CONTRACT.
   §  228-G. PENALTIES. 1. ANY CONTRACTOR OR SUBCONTRACTOR WHO SHALL UPON
 SUCH ENTITY'S OATH VERIFY ANY STATEMENT REQUIRED TO BE FILED UNDER  THIS
 ARTICLE  WHICH  IS  KNOWN  BY SUCH ENTITY TO BE FALSE SHALL BE GUILTY OF
 PERJURY AND PUNISHABLE AS PROVIDED BY THE PENAL LAW.
   2. WHEN A CONTRACT CONTAINS AS PART THEREOF A  SCHEDULE  OF  WAGES  AS
 PROVIDED  FOR  IN  THIS ARTICLE, ANY CONTRACTOR WHO, AFTER ENTERING INTO
 SUCH CONTRACT, AND ANY SUBCONTRACTOR OF SUCH CONTRACTOR FAILS TO PAY  TO
 ANY  EMPLOYEE  THE WAGES STIPULATED IN SUCH WAGE SCHEDULE IS GUILTY OF A
 MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED FOR A FIRST OFFENSE BY
 S. 9931                            12

 A FINE OF FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT  MORE  THAN
 THIRTY  DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A SECOND OFFENSE
 BY A FINE OF ONE THOUSAND DOLLARS, AND IN ADDITION THERETO THE  CONTRACT
 ON  WHICH  THE  VIOLATION  HAS  OCCURRED SHALL BE FORFEITED; AND NO SUCH
 CONTRACTOR SHALL BE ENTITLED TO RECEIVE ANY SUM, NOR SHALL ANY  OFFICER,
 AGENT  OR  EMPLOYEE  OF  THE CONTRACTING ARTS AGENCY PAY ANY SUCH SUM OR
 AUTHORIZE ITS PAYMENT FROM THE  FUNDS  UNDER  SUCH  ENTITY'S  CHARGE  OR
 CONTROL  TO SUCH CONTRACTOR FOR WORK DONE UPON THE CONTRACT ON WHICH THE
 CONTRACTOR HAS BEEN CONVICTED OF A SECOND OFFENSE.  IF THE CONTRACTOR OR
 SUBCONTRACTOR IS A CORPORATION, ANY  OFFICER  OF  SUCH  CORPORATION  WHO
 KNOWINGLY  PERMITS  THE  CORPORATION  TO FAIL TO MAKE SUCH PAYMENT SHALL
 ALSO BE GUILTY OF A MISDEMEANOR AND THE  CRIMINAL  AND  CIVIL  PENALTIES
 HEREIN SHALL ATTACH TO SUCH OFFICER UPON CONVICTION.
   §  228-H.  ENFORCEMENT  OF  ARTICLE. IF THE FISCAL OFFICER, AS DEFINED
 HEREIN, FINDS THAT ANY CONTRACTOR FAILS TO COMPLY  WITH  OR  EVADES  THE
 PROVISIONS OF THIS ARTICLE, THE FISCAL OFFICER SHALL PRESENT EVIDENCE OF
 SUCH  NONCOMPLIANCE  OR EVASION TO THE ARTS AGENCY HAVING CHARGE OF SUCH
 CONTRACT FOR ENFORCEMENT. WHERE SUCH EVIDENCE INDICATES NONCOMPLIANCE OR
 EVASION ON THE PART OF A SUBCONTRACTOR, THE CONTRACTOR SHALL BE  RESPON-
 SIBLE  FOR  SUCH  NONCOMPLIANCE  OR EVASION. IT SHALL BE THE DUTY OF THE
 ARTS AGENCY IN CHARGE OF SUCH CONTRACT TO ENFORCE THE PROVISIONS OF THIS
 ARTICLE.
   § 2. Section 3.01 of the arts and cultural affairs law is  amended  to
 read as follows:
   § 3.01. Legislative  findings  and declaration of policy. It is hereby
 found that many of our citizens lack the opportunity to view,  enjoy  or
 participate in living theatrical performances, musical concerts, operas,
 dance  and ballet recitals, art exhibits, examples of fine architecture,
 and the performing and fine arts generally. It is hereby  further  found
 that,  with  increasing  leisure time, the practice and enjoyment of the
 arts are of increasing importance and that the general  welfare  of  the
 people  of  the  state will be promoted by giving further recognition to
 the arts as a vital aspect of our culture and heritage and as  a  valued
 means of expanding the scope of our educational programs.
   It  is  hereby  declared  to  be  the policy of the state to join with
 private patrons and with  institutions  and  professional  organizations
 concerned  with the arts to insure that the role of the arts in the life
 of our communities will continue to grow and  will  play  an  ever  more
 significant  part in the welfare and educational experience of our citi-
 zens and in maintaining the paramount position  of  this  state  in  the
 nation and in the world as a cultural center.
   THE  LEGISLATURE  FURTHER  FINDS  THAT THE INVESTMENT OF FUNDS BY ARTS
 AGENCIES AS DEFINED IN ARTICLE EIGHT-B OF THE LABOR LAW  CAN  PROVIDE  A
 VITAL  ECONOMIC ENGINE TO ASSIST, NURTURE, DEVELOP, AND PROMOTE REGIONAL
 ECONOMIC DEVELOPMENT, THE STATE TOURISM INDUSTRY AND THE GROWTH OF  JOBS
 IN  THE  STATE.  INDEED, ATTENDEES OF ARTS PROGRAMMING GENERATE ECONOMIC
 ACTIVITY IN NEW YORK STATE FAR BEYOND THE COST OF ADMISSION,  FROM  FOOD
 AND  DRINK,  TO PARKING, TRANSPORTATION, TRAVEL, AND CHILDCARE REVENUES,
 AMONG OTHERS.
   THE PROFESSIONAL PERFORMERS AND RELATED  OR  SUPPORTING  PROFESSIONALS
 EMPLOYED ON PROJECTS AND PRODUCTIONS THAT CREATE THE PERFORMING AND FINE
 ARTS,  AND  ARE THE BASIS OF THE ARTS ECONOMY IN NEW YORK STATE AND MUST
 NOT BE LEFT BEHIND. THEREFORE, THE STATE  LEGISLATURE  FINDS  THAT  ARTS
 AGENCIES  HAVE  A SUBSTANTIAL AND COMPELLING PROPRIETARY INTEREST IN ANY
 FUNDS AWARDED IN THE FINE AND PERFORMING ARTS.  THE  LEGISLATURE  HEREBY
 DECLARES  THAT  THE MANDATE OF A LIVING WAGE FOR PROJECTS AWARDED GRANTS
 S. 9931                            13
 
 BY ARTS AGENCIES IS CENTRAL TO ENSURING THE  CONTINUED  AVAILABILITY  OF
 THE  FINE  AND  PERFORMING  ARTS  IN NEW YORK STATE, AND THE CONCOMITANT
 ECONOMIC BENEFITS THEREWITH, AND FURTHER THAT  THE  STATE'S  PROPRIETARY
 INTEREST  WITH  REGARD  TO  SUCH  FUNDS  COULD  BE ADVERSELY AFFECTED BY
 LABOR-MANAGEMENT CONFLICT.
   It is further declared that all activities undertaken by the state  in
 carrying  out  this  policy  shall  be  directed  toward encouraging and
 assisting rather than in any  ways  limiting  the  freedom  of  artistic
 expression that is essential for the well-being of the arts.
   §  3.  Paragraph  (d) of subdivision 1 of section 3.19 of the arts and
 cultural affairs law, as added by chapter 16 of the  laws  of  2017,  is
 amended to read as follows:
   (d) ANY ORGANIZATION APPLYING FOR GRANT FUNDING FROM AN ARTS AGENCY AS
 DEFINED BY THIS CHAPTER SHALL PROVIDE TO THE ARTS AGENCY A CERTIFICATION
 THAT  IT  WILL ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA
 FIDE LABOR ORGANIZATION THAT REPRESENTS EMPLOYEES OF  SUCH  ORGANIZATION
 INCLUDING  BUT NOT LIMITED TO ACTORS, STAGE MANAGERS, PRODUCTION ASSIST-
 ANTS, SCENIC ARTISTS,  SCENIC  DESIGNERS,  COSTUME  DESIGNERS,  LIGHTING
 DESIGNERS,  SOUND  DESIGNERS, PROJECTION DESIGNERS, GRAPHIC ARTISTS, ART
 AND COSTUME DEPARTMENT COORDINATORS, USHERS, TICKET TAKERS, LINE  DIREC-
 TORS, PRESS AGENTS, COMPANY MANAGERS, THEATRE MANAGERS, ENGINEERS, MUSI-
 CIANS,  SINGERS,  CHOREOGRAPHERS,  DANCERS, STAGING STAFF, BALLET SCHOOL
 FACULTY,  DIRECTORS,  FIGHT  DIRECTORS,  INTIMACY  DIRECTORS,  DRESSERS,
 WARDROBERS,  COSTUMERS,  STITCHERS,  TAILORS, DRAPERS, SHOPPERS, LAUNDRY
 WORKERS, DYERS,  COSTUME  TECHNICIANS,  MILLINERS,  CRAFTSPEOPLE,  CHILD
 ACTORS,  GUARDIANS, STAGEHANDS, BOX OFFICE TREASURERS, FIRST ASSISTANTS,
 AND TICKET SELLERS EITHER WHERE SUCH BONA  FIDE  LABOR  ORGANIZATION  IS
 ACTIVELY REPRESENTING EMPLOYEES PROVIDING SERVICES COVERED BY THE ORGAN-
 IZATION  SEEKING  SUCH GRANT FUNDING OR UPON NOTICE BY A BONA FIDE LABOR
 ORGANIZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES WHO WILL  PROVIDE
 SERVICES TO THE ORGANIZATION SEEKING SUCH GRANT FUNDING. THE MAINTENANCE
 OF  SUCH  A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION
 FOR RECEIPT OF GRANT FUNDING UNDER THIS ARTICLE. FOR  PURPOSES  OF  THIS
 SECTION,  "LABOR  PEACE  AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY
 AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIE-
 TARY INTERESTS BY  PROHIBITING  LABOR  ORGANIZATIONS  AND  MEMBERS  FROM
 ENGAGING  IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC
 INTERFERENCE WITH THE ENTITY.
   (E) Any applicant which fails to demonstrate that grant funds  are  to
 be  used  toward  programs  in  the  state shall be deemed ineligible to
 receive grant funding under this article. Any organization, when  apply-
 ing  for grant funding, shall provide in its grant application materials
 documentation demonstrating compliance with this provision.
   § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to any grant award made subsequent  to
 such effective date.