A03705 Summary:

BILL NO    A03705 

SAME AS    Same as S 4912

SPONSOR    John (MS)

COSPNSR    Nolan, Schroeder, Gordon, Colton, Markey, Perry, Russell, Lancman,
           Benedetto

MLTSPNSR   

Amd S220, Lab L

Subjects projects involving the construction, demolition, reconstruction,
excavation, rehabilitation, repair, renovation or alteration of a building,
charter school or improvement to property financed, in whole or in part,
through an industrial development agency, job development authority, dormitory
authority, correctional authority or similar public entity to public work
contract requirements concerning hours, wages and supplements for employees;
defines the term "public work".

A03705 Actions:

BILL NO    A03705 

01/28/2009 referred to labor
06/02/2009 reported referred to codes
01/06/2010 referred to labor

A03705 Votes:

A03705 Memo:

 BILL NUMBER:  A3705

 TITLE OF BILL :  An act to amend the labor law, in relation to hours,
wages and supplements for work on public work projects and the
definition of public work

 PURPOSE OR GENERAL IDEA OF BILL : Subjects all projects financed, in
whole or in part, through certain public entities, to hours, wages and
supplements contract requirements.

 SUMMARY OF SPECIFIC PROVISIONS : Section 1 & 2 of the bill amends
section 220 of the labor law, to include all projects involving the
construction, demolition, reconstruction, excavation, rehabilitation,
repair, renovation or alteration of a building, charter school or
improvement to property financed, in whole or in part, through an
industrial development agency, job development authority, or similar
public entity to within those public entities which are subject to
article 8 of the labor law.

Section 3 of the bill defines "public work" to include all work
performed under each contract to which the state or a public benefit
corporation or municipal corporation or a commissioner appointed
pursuant to law, is a party. This would include all projects financed,
in whole or in part, through an industrial development agency; job
development authority, dormitory authority, correctional authority or
similar public entity and which may involve the employment of
laborers, workmen or mechanics. "Public work" would include all
construction, renovation, or rehabilitation of buildings or property
by a private owner or developer or not for profit entity or charter
school that is performed in conjunction with a state or public grant
or pursuant to an agreement for the purchase or leasing of such
buildings or property by the state or a public benefit corporation, or
a municipal corporation, or a commission appointed pursuant to law,
including industrial development agencies, job development
authorities, dormitory authorities, correctional authorities, or
similar entities.

 JUSTIFICATION : The constitution of our state establishes that it is
the public policy of New York to pay the prevailing wage to those
working on state financed construction projects, so as not to
undermine the cost of local labor. In spite of this policy any number
of publicly financed projects are not presently subject to the public
works law due to judicial interpretation of the prevailing wage law.
Judicial interpretation has focused more on the public purpose of the
project than on the funding source, thus undermining the law's
original intent. This bill would remedy the present law by adding a
clear definition of "public work" subject to this article.

 PRIOR LEGISLATIVE HISTORY : A.6166 of 2002: referred to labor; A8162
of 2003-04: Advanced to third reading; A3275 of 2005-06: Referred to
labor; A.2716~A of 2007-08: referred to Labor

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect immediately.