Amd S220, Lab L; amd S101, Gen Muni L; amd S135, St Fin L
Provides for the payment of the prevailing wage for employees; provides that if an employee, client, inmate or student of any political subdivision performs any work for a public entity of which such person is not employed, such person shall be paid the prevailing wage.
STATE OF NEW YORK
________________________________________________________________________
2140
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. JOHN, NOLAN -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, the general municipal law and the state
finance law, in relation to the payment of the prevailing wage and
supplements for certain employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220 of the labor law is amended by adding a new
2 subdivision 10 to read as follows:
3 10. If an employee, client, inmate or student of any political subdi-
4 vision, board, agency, school district, public university or college,
5 commission, public authority, board of cooperative education, penal
6 institution or public mental health facility performs any work or
7 services pursuant to this chapter for any public entity of which that
8 person is not employed, enrolled, incarcerated or receiving services
9 from, such person shall be compensated the prevailing wage and supple-
10 ments required by this article by the public owner of the project.
11 § 2. Subdivision 2 of section 101 of the general municipal law, as
12 added by chapter 861 of the laws of 1953, is amended to read as follows:
13 2. Such specifications shall be drawn so as to permit separate and
14 independent bidding upon each of the above three subdivisions of work.
15 All contracts awarded by any political subdivision or by an officer,
16 board or agency thereof, or of any district therein, for the erection,
17 construction, reconstruction or alteration of buildings, or any part
18 thereof, shall award the three subdivisions of the above specified work
19 separately in the manner provided by section one hundred three of this
20 chapter. Nothing in this section shall be construed to prevent any poli-
21 tical subdivision from performing any such branches of work by or
22 through their regular employees, or in the case of public institutions,
23 by the inmates thereof, provided that, no employee, client, inmate or
24 student of any political subdivision, board, agency, school district,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04720-01-9
A. 2140 2
1 public university or college, commission, public authority, board of
2 cooperative education, penal institution or public mental health facili-
3 ty, shall perform any work set forth in this section or perform any of
4 the three subdivisions of work for the erection, construction, recon-
5 struction or alteration of buildings, or any part thereof, unless such
6 person is a graduate of a department approved and registered apprentice-
7 ship training program for the trade in which such work is to be
8 performed, and provided further, if such an employee, client, inmate or
9 student performs any work or services pursuant to the labor law for any
10 public entity of which that person is not employed, enrolled, incarcer-
11 ated or receiving services from, such person shall be compensated the
12 prevailing wage and supplements required by article eight of the labor
13 law by the public owner of the project.
14 § 3. The closing paragraph of section 135 of the state finance law, as
15 amended by section 3 of part MM of chapter 57 of the laws of 2008, is
16 amended to read as follows:
17 Nothing in this section shall be construed to prevent the authorities
18 in charge of any state building, from performing any such branches of
19 work by or through their regular employees, or in the case of public
20 institutions, by the inmates thereof, provided that, no employee,
21 client, inmate or student of any political subdivision, board, agency,
22 school district, public university or college, commission, public
23 authority, board of cooperative education, penal institution or public
24 mental health facility, shall perform any work set forth in section one
25 hundred one of the general municipal law or perform any of the three
26 subdivisions of work set forth in section one hundred one of the general
27 municipal law for the erection, construction, reconstruction or alter-
28 ation of buildings, or any part thereof, unless such person is a gradu-
29 ate of a department of labor approved and registered apprenticeship
30 training program for the trade in which such work is to be performed,
31 and provided further, if such an employee, client, inmate or student
32 performs any work or services pursuant to the labor law for any public
33 entity of which such person is not employed, enrolled, incarcerated or
34 receiving services from, that person shall be compensated the prevailing
35 wage and supplements required by article eight of the labor law by the
36 public owner of the project.
37 § 4. This act shall take effect on the sixtieth day after it shall
38 have become a law.
