Fines municipalities which fail to enforce prevailing wage paid by contractors on public works projects 10% of the project costs to be paid to the department of labor for apprenticeship training programs.
STATE OF NEW YORK
________________________________________________________________________
3944
2009-2010 Regular Sessions
IN ASSEMBLY
January 29, 2009
___________
Introduced by M. of A. WALKER, ALFANO, QUINN, SALADINO, McDONOUGH --
Multi-Sponsored by -- M. of A. BARRA, BOYLAND -- read once and
referred to the Committee on Labor
AN ACT to amend the labor law, in relation to municipalities which fail
to enforce prevailing wage requirements of contractors on public works
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 of the labor law is amended by
2 adding a new paragraph (f) to read as follows:
3 (f) Any municipal entity that has entered into such contract or a
4 subcontract with a contractor to perform on any portion of such
5 contract, and where such contractor willfully pays after entering into
6 such contract, less than such stipulated wage scale or supplements as
7 established by the fiscal officer shall, upon the conviction of such
8 contractor, be subject to fines of ten percent of the contract value to
9 be paid to the department for apprenticeship training programs pursuant
10 to article twenty-three of this chapter. For purposes of this paragraph,
11 "municipal entity" shall mean any county, city, town, village, public
12 benefit corporation, public authority, industrial development agency, or
13 any subsidiary thereof.
14 § 2. Section 220-d of the labor law is amended by adding a new third
15 undesignated paragraph to read as follows:
16 Any municipal entity that has entered into such contract with a
17 contractor to perform on any portion of such contract, and where such
18 contractor willfully pays after entering into such contract, less than
19 such stipulated minimums regarding wages and supplements shall, upon the
20 conviction of such contractor, be subject to fines of ten percent of the
21 contract value to be paid to the department for apprenticeship training
22 programs pursuant to article twenty-three of this chapter. For purposes
23 of this paragraph, "municipal entity" shall mean any county, city, town,
24 village, public benefit corporation, public authority, industrial devel-
25 opment agency, or any subsidiary thereof.
26 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01535-01-9
