NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9375
SPONSOR: Camara (MS)
 
TITLE OF BILL: An act to amend the labor law, in relation to prevail-
ing wages for service workers
 
PURPOSE OR GENERAL IDEA OF BILL: This bill strengthens and clarifies
Article 9 of the Labor Law to ensure that workers employed to provide
service work for the benefit of public agencies are paid the prevailing
wages to which the law entitles them.
 
SUMMARY OF SPECIFIC PROVISIONS: The bill renames Article P of the
Labor Law "Prevailing Wage for Service Employees" and makes changes in
two basic areas:
A. Definitions in 5230 are clarified to ensure that they clearly apply
to all appropriate categories of service work for public agencies:
(1) The terms "building service employee" and "building service work"
are changed to "service employee" and "service work" throughout the
article, in order to more accurately reflect the types of service work
commonly required by public agencies. The definition of "service employ-
ee" is clarified to reflect the fact that service work often is not
restricted to building interiors, but can also include care, mainte-
nance, and patrolling of outdoor areas, such as parking lots, grounds
and other outdoor work sites. The provisions of this article. are
neutral in respect to any employee directly or indirectly Performing
work for or, on behalf of a business improvement district.
(2) The definition of "service work" is amended to delete the exemption
for public utility services.
(3) The definition of "public agency" is amended to include public util-
ity services provided by a public authority or by a public utility sell-
ing gas, electric or steam services at retail rates under a franchise
granted by the Public Service commission (including any substantially
owned entity affiliated with the public utility).
(4) The definition of "person" (from Article 8) is added to ensure the
law is enforceable against partnerships, joint ventures and other forms
of organization.
B. Safeguards against abuse are added and time-tested enforcement tools
are borrowed from Labor Law Article 9 (prevailing wages for public work)
to ensure compliance:
(1) A new 5235(2) (g) is added to apply enforcement tools that have long
been a part of Article E. Specifically, this paragraph empowers the
fiscal officer to request and receive person or entity who is responsi-
ble for paying the service employees, and authorizes Partial (up to
28.T;) withholding of payments to any such person or entity that fails
to produce the records.
(2) 5237 is amended to import other enforcement tools from Article 8
that make willful failure to file Payroll records with the public agency
a class E felony, and that require public agencies to designate an indi-
vidual responsible for the receipt, collection and review for facial
validity of contractors' certified payroll statements before payment is
made.
(3) Amendments to S238(2) increase the criminal penalties for failure to
pay service work prevailing wages to a misdemeanor and the greater of
two thousand five hundred dollars or double the amount of underpayments
for a first violation and a class E felony and the greater of five thou-
sand dollars or three times the amount of underpayment, or imprisoned
for a second or subsequent relation.
 
EFFECTS OF PRESENT LAN WHICH THIS BILL WOULD ALTER: Currently, the
prevailing wane law for service employees lacks many of the procedural
safeguards and enforcement tools that have long been incorporated into
Article 9 of the labor law, Combined with some ambiguous and outdated
definitions, this has left the door open for efforts to avoid paying
prevailing wages for service work performed for public agencies. This
bill would bolster the ability of enforcement agencies to ensure that
service employees receive the prevailing wages to which they are enti-
tled. Business improvement districts are exempted from this legislation,
unless such work performed directly or indirectly for such entities
would have been subject to the requirements of Article 9 as in effect on
January first, two thousand eleven.
 
JUSTIFICATION: For almost forty years, Article 9 of the Labor Law has
promoted the public policy that workers who perform service work on
behalf of public agencies should be raid the prevailing wage for such
experience has been gained over what provisions of the law require
strengthening to prevent abuses. This bill clarifies the definitions and
applicability of Article 9 and adds provisions that are analogous to
several enforcement tools that have long been a part of Article 8, in
order to ensure that prevailing wages are paid for all appropriate
service work.
 
PRIOR LEGISLATIVE HISTORY: 2010: A. 10257-D/S. 9379-A passed both
houses of the Legislature and vetoed by the Governor.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Any fiscal
implications are completely dependent upon specific agency/worksite
circumstances, including when current contracts or agreements expire or
are up for renewal and what terms are negotiated in the future.
 
EFFECTIVE DATE: Ninetieth day after enactment, to apply to all
contracts or other agreements entered into, renewed or extended on or
after such date; provided that the amendments to subdivision 4 of
section 230 of the labor law made by section two of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
section 5 of chapter 678 of the laws of 2007, as amended, when such date
the provisions of section three of this shall take effect; and the
amendments to subdivision 5 of section 231 of the labor law made by
section four of this act shall be subject to the expiration and rever-
sion of such subdivision Pursuant to section 5 of chanter 673 of the
laws of 2007, as amended, when upon such date the provisions of section
five of this act shall take effect.
STATE OF NEW YORK
________________________________________________________________________
9375
IN ASSEMBLY
February 24, 2012
___________
Introduced by M. of A. CAMARA, WRIGHT, V. LOPEZ, ABBATE, GOTTFRIED,
DINOWITZ, ORTIZ, KAVANAGH, HEVESI, ROSENTHAL, PERRY, COLTON, LANCMAN,
JEFFRIES, WEISENBERG, P. RIVERA, TITONE, BRONSON, ROBERTS, SCHIMEL,
MARKEY, HOOPER, WEPRIN, M. MILLER, STEVENSON, MOYA, CASTRO, LINARES,
MAISEL, ABINANTI, GIBSON, RAMOS, RUSSELL, AUBRY, MAGNARELLI -- Multi-
Sponsored by -- M. of A. ARROYO, BARRON, BENEDETTO, BRAUNSTEIN,
BROOK-KRASNY, CLARK, COOK, CRESPO, DenDEKKER, ESPINAL, GLICK, GOLDFED-
ER, HEASTIE, JACOBS, LAVINE, McENENY, MENG, O'DONNELL, PRETLOW, QUART,
J. RIVERA, N. RIVERA, ROBINSON, RODRIGUEZ, SALADINO, SCARBOROUGH,
SIMANOWITZ, SIMOTAS, TITUS -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to prevailing wages for
service workers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 9 of the labor law, as added
2 by chapter 777 of the laws of 1971, is amended to read as follows:
3 PREVAILING WAGE FOR [BUILDING] SERVICE EMPLOYEES
4 § 2. Subdivisions 1, 2, 3, 4, 6, 8, 9 and 10 of section 230 of the
5 labor law, as added by chapter 777 of the laws of 1971, subdivision 1 as
6 amended and subdivision 9 as added by chapter 542 of the laws of 1984,
7 subdivision 4 as amended by chapter 678 of the laws of 2007 and subdivi-
8 sion 10 as added by chapter 547 of the laws of 1998, are amended and a
9 new subdivision 15 is added to read as follows:
10 1. "[Building service] Service employee" or "employee" means any
11 person performing janitorial, or security service work for a contractor,
12 under contract with a public agency which is in excess of two thousand
13 dollars and the principal purpose of which is to furnish services
14 through the use of service employees, or any other person performing
15 work in connection with the care or maintenance of an existing building,
16 or in connection with the transportation of office furniture or equip-
17 ment to or from such building, or in connection with the transportation
18 and delivery of fossil fuel to such building, for a contractor under a
19 contract with a public agency which is in excess of [one] two thousand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10637-02-1
A. 9375 2
1 [five hundred] dollars and the principal purpose of which is to furnish
2 services through the use of [building] service employees. The
3 provisions of this article shall not apply to any employee directly or
4 indirectly performing work for or on behalf of a business improvement
5 district unless such work would have been subject to the requirements of
6 this article as in effect on January first, two thousand eleven. The
7 preceding sentence shall not be construed to affect any determination
8 hereafter by the fiscal officer or a court of competent jurisdiction as
9 to the applicability or inapplicability to such work of such require-
10 ments.
11 "[Building service] Service employee" or "employee" includes, but is
12 not limited, to, watchman, guard, doorman, building cleaner, porter,
13 handyman, janitor, gardener, groundskeeper, stationary fireman, elevator
14 operator and starter, window cleaner, and occupations relating to the
15 collection of garbage or refuse, and to the transportation of office
16 furniture and equipment, and to the transportation and delivery of
17 fossil fuel but does not include clerical, sales, professional, techni-
18 cian and related occupations.
19 "[Building service] Service employee" or "employee" also does not
20 include any employee to whom the provisions of articles eight and
21 [eight-a] eight-A of this chapter are applicable.
22 2. "[Building service] Service work" [or "service work"] means work
23 performed by a [building] service employee, but does not include work
24 performed for a contractor under a contract for the furnishing of
25 services by radio, telephone, telegraph or cable companies[; and any
26 contract for public utility services, including electric light and
27 power, water, steam and gas] or janitorial or security work performed on
28 the premises owned or operated by the power authority of the state of
29 New York unless such premises are jointly owned or operated with any
30 non-governmental utility or substantially-owned or affiliated entity of
31 such public utility as defined in subdivision three of this section.
32 3. "Public agency" means the state, any of its political subdivisions,
33 a public benefit corporation, a public authority, including a public
34 authority providing public utility services, or commission or special
35 purpose district board appointed pursuant to law, [and] a board of
36 education, and any public utility that distributes electric light or
37 power, or gas or steam services at retail rates regulated by the public
38 service commission pursuant to a franchise granted under the provisions
39 of section sixty-eight or eighty-one of the public service law, and any
40 substantially-owned affiliated entity of such public utility.
41 4. "Contractor" means any employer who employs employees to perform
42 [building] service work under a contract with a public agency and shall
43 include any of the contractor's subcontractors.
44 6. "Prevailing wage" means the wage determined by the fiscal officer
45 to be prevailing for the various classes of [building] service employees
46 in the locality. In no event shall the basic hourly cash rate of pay be
47 less than the statutory minimum wage established by article nineteen of
48 this chapter, or, in a city with a local law requiring a higher minimum
49 wage on city contract work, less than the minimum wage specified in such
50 local law.
51 8. "Fiscal officer" means the [industrial] commissioner, except for
52 [building] service work performed by or on behalf of a city, in which
53 case "fiscal officer" means the comptroller or other analogous officer
54 of such city.
55 9. "Fossil fuel" shall mean coal, petroleum products and fuel gases.
56 "Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel
A. 9375 3
1 gases" shall include but not be limited to methane, natural gas, lique-
2 fied natural gas and manufactured fuel gases. "Petroleum products" shall
3 include all products refined or rerefined from synthetic or crude oil or
4 oil extracted from other sources, including natural gas liquids.
5 [Provided that nothing in this subdivision shall affect the exclusion
6 for public utility services set forth in subdivision two of this
7 section.]
8 10. "Substantially-owned affiliated entity" shall mean the parent
9 company of the public utility, contractor or subcontractor, any subsid-
10 iary of the public utility, contractor or subcontractor, or any entity
11 in which the parent of the public utility, contractor or subcontractor
12 owns more than fifty percent of the voting stock, or an entity in which
13 one or more of the top five shareholders of the public utility, contrac-
14 tor or subcontractor individually or collectively also owns a control-
15 ling share of the voting stock, or an entity which exhibits any other
16 indicia of control over the public utility, contractor or subcontractor
17 or over which the public utility, contractor or subcontractor exhibits
18 control, regardless of whether or not the controlling party or parties
19 have any identifiable or documented ownership interest. Such indicia
20 shall include: power or responsibility over employment decisions, access
21 to and/or use of the relevant entity's assets or equipment, power or
22 responsibility over contracts of the entity, responsibility for mainte-
23 nance or submission of certified payroll records, and influence over the
24 business decisions of the relevant entity.
25 15. "Person" shall mean a human being and shall include an "entity" as
26 defined in this article, including, but not limited to a contractor or
27 subcontractor.
28 § 3. Subdivision 4 of section 230 of the labor law, as added by chap-
29 ter 777 of the laws of 1971, is amended to read as follows:
30 4. "Contractor" means any employer who employs employees to perform
31 [building] service work under a contract with a public agency, and shall
32 include any of his subcontractors.
33 § 4. Subdivisions 1, 3, 4 and 5 of section 231 of the labor law, as
34 added by chapter 777 of the laws of 1971 and subdivision 5 as amended by
35 chapter 678 of the laws of 2007, are amended to read as follows:
36 1. Every contractor shall pay a service employee under a contract for
37 [building] service work a wage of not less than the prevailing wage in
38 the locality for the craft, trade or occupation of the service employee.
39 3. Each contract for [building] service work shall contain as part of
40 the specifications thereof a schedule of the wages required to be paid
41 to the various classes of service employees on such work, and each such
42 contract shall further contain a provision obligating the contractor to
43 pay each employee on such work not less than the wage specified for his
44 craft, trade or occupation in such schedule.
45 4. The public agency, or appropriate officer or agent thereof, whose
46 responsibility it is to prepare or direct the preparation of the plans
47 and specifications for a contract for [building] service work, shall
48 ascertain from such plans and specifications the classifications of
49 employees to be employed on such work and shall file a list of such
50 classifications with the fiscal officer, together with a statement of
51 the work to be performed. The fiscal officer shall determine the crafts,
52 trades and occupations required for such work and shall make a determi-
53 nation of the wages required to be paid in the locality for each such
54 craft, trade or occupation. A schedule of such wages shall be annexed to
55 and form a part of the specifications for the contract prior to the time
A. 9375 4
1 of the advertisement for bids on such contract and shall constitute the
2 schedule of wages referred to in subdivision three of this section.
3 5. Upon the award of a contract for [building] service work by a
4 public agency other than a city, the contracting public agency shall
5 immediately furnish to the commissioner: (a) the name and address of the
6 contractor to whom the contract was awarded; (b) the date when the
7 contract was awarded; and (c) the approximate consideration stipulated
8 for in the contract.
9 § 5. Subdivision 5 of section 231 of the labor law, as added by chap-
10 ter 777 of the laws of 1971, is amended to read as follows:
11 5. Upon the award of a contract for [building] service work by a
12 public agency other than a city, the contracting public agency shall
13 immediately furnish to the [industrial] commissioner: (a) the name and
14 address of the contractor to whom the contract was awarded; (b) the date
15 when the contract was awarded; and (c) the approximate consideration
16 stipulated for in the contract.
17 § 6. Paragraphs a and c of subdivision 2 and subdivision 7 of section
18 235 of the labor law, paragraph a of subdivision 2 and subdivision 7 as
19 amended and paragraph c of subdivision 2 as added by chapter 547 of the
20 laws of 1998, are amended and subdivision 2 is amended by adding a new
21 paragraph g to read as follows:
22 a. At the start of such investigation the fiscal officer may notify
23 the financial officer of the public agency interested who shall, at the
24 direction of the fiscal officer, forthwith withhold from any payment due
25 to the contractor executing the contract sufficient money to safeguard
26 the rights of the service employees and to cover the civil penalty that
27 may be assessed as provided herein, or, if there are insufficient moneys
28 still due or earned to the contractor or subcontractor to safeguard the
29 rights of the service employees and to cover the civil penalty that may
30 be assessed as provided herein, the financial officer of another civil
31 division which has entered or subsequently enters into a [building]
32 service work contract with the contractor or subcontractor, who shall
33 withhold from any payment due the contractor or subcontractor executing
34 any [building] service work, sufficient moneys to safeguard the rights
35 of the service employees and to cover the civil penalty that may be
36 assessed as provided herein.
37 c. The notice of withholding shall provide that the fiscal officer
38 intends to instruct the financial officer, not less than ten days
39 following service of the notice by mail, to withhold sufficient moneys
40 to safeguard the rights of the service employees and to cover the civil
41 penalty that may be assessed as provided herein, from any payment due
42 the notified party under any [building] service work contract pending
43 final determination. The notice of withholding shall provide that within
44 thirty days following the date of the notice of withholding the notified
45 party may, contest the withholding on the basis that the notified party
46 is not a partner or one of the five largest shareholders of the subcon-
47 tractor or contractor, an officer of the contractor or subcontractor who
48 knowingly participated in the violation of this article, a substantial-
49 ly-owned affiliated entity or successor. If the notified party fails to
50 contest the notice of withholding, or if the fiscal officer, after
51 reviewing the information provided by the notified party in such
52 contest, determines that the notified party is a partner or one of the
53 five largest shareholders, a substantially-owned affiliated entity, an
54 officer of the contractor or subcontractor who knowingly participated in
55 the violation of this article, or a successor, the fiscal officer may
56 instruct the financial officer to immediately withhold sufficient moneys
A. 9375 5
1 to safeguard the rights of the service employees and to cover the civil
2 penalty that may be assessed as provided herein from any payment due the
3 notified party under any [building] service work contract pending the
4 final determination.
5 g. The fiscal officer may require any person or corporation performing
6 such public work to file with the fiscal officer within ten days of
7 receipt of said request, payroll records, sworn to as to their validity
8 and accuracy, requested by the fiscal officer, for said service work or
9 for any public or private work performed by said person or corporation
10 during the same period of time as said service work. In the event said
11 person or corporation fails to provide the requested information within
12 the allotted ten days, the fiscal officer may, within fifteen days,
13 order the financial officer of the public agency to immediately withhold
14 from payment to said person or corporation up to twenty-five percent of
15 the amount, not to exceed five hundred thousand dollars, to be paid to
16 said person or corporation under the terms of the contract pursuant to
17 which said service work is being performed. Said amount withheld shall
18 be immediately released upon receipt by the public agency of a notice
19 from the fiscal officer indicating that the request for records had been
20 satisfied.
21 7. When, pursuant to the provisions of this section, two final orders
22 have been entered against a contractor, subcontractor, successor, or any
23 substantially-owned affiliated entity of the contractor or subcontrac-
24 tor, any of the partners if the contractor or subcontractor is a part-
25 nership, any of the five largest shareholders of the contractor or
26 subcontractor, any officer of the contractor or subcontractor who know-
27 ingly participated in the violation of this article within any consec-
28 utive six-year period determining that such contractor or subcontractor
29 and/or its successor, substantially-owned affiliated entity of the
30 contractor or subcontractor, any of the partners or any of the five
31 largest shareholders of the contractor or subcontractor, any officer of
32 the contractor or subcontractor who knowingly participated in the
33 violation of this article has willfully failed to pay the prevailing
34 wages in accordance with the provisions of this article, whether such
35 failures were concurrent or consecutive and whether or not such final
36 determinations concerning separate public [building] service work
37 contracts are rendered simultaneously, such contractor, subcontractor,
38 successor, and if the contractor, subcontractor, successor, or any
39 substantially-owned affiliated entity of the contractor or subcontrac-
40 tor, any of the partners if the contractor or subcontractor is a part-
41 nership, or any of the five largest shareholders of the contractor or
42 subcontractor, any officer of the contractor or subcontractor who know-
43 ingly participated in the violation of this article, or any successor is
44 a corporation, any officer of such corporation who knowingly partic-
45 ipated in such failure, shall be ineligible to submit a bid on or be
46 awarded any public [building] service work for a period of five years
47 from the date of the second order, provided, however, that where any
48 such final order involves the falsification of payroll records or the
49 kickback of wages, the contractor, subcontractor, successor, substan-
50 tially-owned affiliated entity of the contractor or subcontractor, any
51 partner if the contractor or subcontractor is a partnership or any of
52 the five largest shareholders of the contractor or subcontractor, any
53 officer of the contractor or subcontractor who knowingly participated in
54 the violation of this article shall be ineligible to submit a bid on or
55 be awarded any public [building] service work contract or subcontract
56 with the state, any municipal corporation or public body for a period of
A. 9375 6
1 five years from the date of the first final order. Nothing in this
2 subdivision shall be construed as affecting any provision of any other
3 law or regulation relating to the awarding of public contracts.
4 § 7. Subdivision 2 of section 237 of the labor law, as amended by
5 chapter 698 of the laws of 1988, is amended to read as follows:
6 2. a. Before payment is made by or on behalf of a public agency of any
7 sums due on account of a contract for service work, it shall be the duty
8 of the comptroller of the state or the financial officer of such public
9 agency or other officer or person charged with the custody and disburse-
10 ment of the state or corporate funds applicable to the contract under
11 and pursuant to which payment is made, to require the contractor to file
12 a statement in writing in form satisfactory to such officer certifying
13 to the amounts then due and owing from such contractor filing such
14 statement to or on behalf of any and all service employees for daily or
15 weekly wages on account of labor performed upon the work under the
16 contract, setting forth therein the names of the persons whose wages are
17 unpaid and the amount due to or on behalf of each respectively, which
18 statement so to be filed shall be verified by the oath of the contractor
19 that he or she has read such statement subscribed by him or her and
20 knows the contents thereof, and that the same is true of his or her own
21 knowledge. The contractor shall file these payroll records verified
22 under oath within ninety days after any labor is performed upon the work
23 under contract, or such other time as the fiscal officer may authorize.
24 Any person who willfully fails to file such payroll records with the
25 public agency shall be guilty of a class E felony.
26 b. Each public agency shall designate in writing an individual
27 employed by such department responsible for the receipt, collection and
28 review for facial validity of a contractor's certified payroll state-
29 ment, as set forth in this subdivision, before payment is made. Said
30 designation shall be filed with the fiscal officer and posted in a
31 conspicuous location at the work site. If the designated individual
32 cannot perform the receipt, collection and review of certified payrolls
33 duties as indicated above, for any reason, including but not limited to
34 reassignment, promotion or separation from employment, the public agency
35 must immediately designate another individual employed by such agency to
36 fulfill such responsibilities. In the event that a public agency fails
37 to name an individual responsible for the receipt, collection and review
38 for facial validity of contractors' certified payrolls, then the indi-
39 vidual so responsible shall be the individual who is the chief policy
40 making officer of such public agency.
41 § 8. Subdivision 2 of section 238 of the labor law, as added by chap-
42 ter 777 of the laws of 1971, is amended to read as follows:
43 2. When a contract for service work contains as part thereof a sched-
44 ule of wages as provided for in this article, any [contractor] person
45 who, after entering into such contract[, and any subcontractor of such
46 contractor who] willfully fails to pay to any service employee the wages
47 stipulated in such wage schedule [is guilty of a misdemeanor and upon
48 conviction shall be punished for a first offense by a fine of five
49 hundred dollars or by imprisonment for not more than thirty days or by
50 both fine and imprisonment; for a second offense by a fine of one thou-
51 sand dollars, and in] shall be guilty of a misdemeanor for the first
52 offense and upon conviction therefor shall be fined two thousand five
53 hundred dollars or twice the amount of underpayment, whichever is great-
54 er or imprisoned for not more than one year, or both. If a person stands
55 convicted of a violation of this section and within the previous six
56 years has been convicted one or more times of a violation of this
A. 9375 7
1 section in separate transactions, then such person shall be guilty of a
2 class E felony upon conviction for such subsequent offense, and shall be
3 fined five thousand dollars or triple the amount of underpayment, which-
4 ever is greater or imprisoned as authorized by section 70.00 of the
5 penal law or punished by both such fine and imprisonment, for each such
6 offense. In addition [thereto] to any other fine or penalty that may be
7 imposed for such felony offense, the contract on which the violation has
8 occurred shall be forfeited; and no such contractor shall be entitled to
9 receive any sum, nor shall any officer, agent or employee of the
10 contracting public agency pay any such sum or authorize its payment from
11 the funds under his or her charge or control to such contractor for work
12 done upon the contract on which the contractor has been convicted of a
13 second offense. If the contractor or subcontractor is a corporation, any
14 officer of such corporation who knowingly permits the corporation to
15 fail to make such payment shall also be guilty of [a misdemeanor] the
16 offense defined in this subdivision and the criminal and civil penalties
17 [herein] of this subdivision shall attach to such officer upon
18 conviction.
19 § 9. Severability. If any clause, sentence, paragraph, section or part
20 of this act be adjudged by any court of competent jurisdiction to be
21 invalid and after exhaustion of all further judicial review, the judg-
22 ment shall not affect, impair or invalidate the remainder thereof, but
23 shall be confined in its operation to the clause, sentence, paragraph,
24 section or part of this act directly involved in the controversy in
25 which the judgment shall have been rendered.
26 § 10. This act shall take effect on the ninetieth day after it shall
27 have become a law and shall apply to all contracts or other agreements
28 entered into, renewed or extended on or after such date; provided,
29 however, that:
30 (a) the amendments to subdivision 4 of section 230 of the labor law
31 made by section two of this act shall be subject to the expiration and
32 reversion of such subdivision pursuant to section 5 of chapter 678 of
33 the laws of 2007, as amended, when upon such date the provisions of
34 section three of this act shall take effect; and
35 (b) the amendments to subdivision 5 of section 231 of the labor law
36 made by section four of this act shall be subject to the expiration and
37 reversion of such subdivision pursuant to section 5 of chapter 678 of
38 the laws of 2007, as amended, when upon such date the provisions of
39 section five of this act shall take effect.