Provides that contractors and subcontractors to cable television companies who are assessed penalties for two separate violations of payroll reporting requirements shall be ineligible to submit a bid on or be awarded any public work contract with the state, any municipal corporation or public body for five years; provides that cable television companies shall be subject to the requirement that workers on certain excavation projects be paid not less than a prevailing rate of wage.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8044
SPONSOR: Reyes TITLE OF BILL:
An act to amend the labor law, in relation to penalties for contractors
and subcontractors to cable television companies for violations of
payroll reporting requirements, and to the payment of workers on certain
excavation projects
PURPOSE OR GENERAL IDEA OF BILL:
Relates to placing prevailing wage and reporting requirements on utility
excavation projects performed by contractors and subcontractors of cable
television companies.
SUMMARY OF PROVISIONS:
Section 1. Amends Subdivision 3 of section 220-j of the labor law by
adding a new paragraph f to read as follows: f. In addition to the
penalties set forth in this subdivision, contractors and subcontractors
to cable television companies, as defined in section two hundred twelve
of the public service law, who are assessed penalties under this subdi-
vision for two separate violations of this section shall be ineligible
to submit a bid on or be awarded any public work contract or subcontract
with the state, any municipal corporation or public body for a period of
five years from the second violation of this section.
Section 2. Amends paragraph d of subdivision 1 of section 224-f of the
labor law and adds a new subdivision 5 to read as follows: d. "Utility
company" shall have the same meaning as subdivision twenty-three of
section two of the public service law; provided, however, that for
purposes of this section "utility company" shall also include a cable
television company as defined by subdivision one of section two hundred
twelve of the public service law. 5. Any cable television company, as
defined by subdivision one of section two hundred twelve of the public
service law, which is subject to the jurisdiction, supervision and regu-
lations prescribed by or pursuant to the provisions of article eleven of
the public service law, shall be subject to the mandates of this
section, any language to the contrary notwithstanding.
Section 3. Establishes the effective date.
JUSTIFICATION:
This legislation will assist in preventing labor violations on utility
excavation projects performed by the contractors and sub-contractors of
cable television companies. There is a history of documented labor
violations in this sector, creating significant hardship for
construction workers. Wage and hour violations, as well as the failure
of contractors and sub-contractors to submit certified payroll records
is a pervasive occurrence on job sites. The penalties outlined in the
legislation wilt act as a deterrent for bad actors, preventing further
abuses in the industry.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
8044
2025-2026 Regular Sessions
IN ASSEMBLY
April 22, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to penalties for contractors
and subcontractors to cable television companies for violations of
payroll reporting requirements, and to the payment of workers on
certain excavation projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 220-j of the labor law is amended
2 by adding a new paragraph f to read as follows:
3 f. In addition to the penalties set forth in this subdivision,
4 contractors and subcontractors to cable television companies, as defined
5 in section two hundred twelve of the public service law, who are
6 assessed penalties under this subdivision for two separate violations of
7 this section shall be ineligible to submit a bid on or be awarded any
8 public work contract or subcontract with the state, any municipal corpo-
9 ration or public body for a period of five years from the second
10 violation of this section.
11 § 2. Paragraph d of subdivision 1 of section 224-f of the labor law,
12 as added by chapter 278 of the laws of 2023, is amended and a new subdi-
13 vision 5 is added to read as follows:
14 d. "Utility company" shall have the same meaning as subdivision twen-
15 ty-three of section two of the public service law; provided, however,
16 that for purposes of this section "utility company" shall also include a
17 cable television company as defined by subdivision one of section two
18 hundred twelve of the public service law.
19 5. Any cable television company, as defined by subdivision one of
20 section two hundred twelve of the public service law, which is subject
21 to the jurisdiction, supervision and regulations prescribed by or pursu-
22 ant to the provisions of article eleven of the public service law shall
23 be subject to the mandates of this section, any language to the contrary
24 notwithstanding.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11394-01-5
