Establishes a temporary commission to examine, evaluate and make recommendations on the impact of the duties and liabilities imposed by sections 240 (scaffolding and other devices for use by employees) and 241 (construction, excavation and demolition work) has on minority and women-owned business enterprises, and the impact of construction related accidents on minority and female workers.
STATE OF NEW YORK
________________________________________________________________________
6683
2009-2010 Regular Sessions
IN ASSEMBLY
March 11, 2009
___________
Introduced by M. of A. P. RIVERA, LUPARDO, POWELL, PHEFFER, EDDINGTON,
CYMBROWITZ, V. LOPEZ, MORELLE -- Multi-Sponsored by -- M. of A.
BOYLAND, CHRISTENSEN, DIAZ, GANTT, McENENY, PEOPLES, RAMOS, ROBINSON,
TOWNS, WEISENBERG -- read once and referred to the Committee on Labor
AN ACT to establish a temporary commission to study the impact of
certain requirements for the construction, repair and demolition of
buildings, and for excavation, upon minority and women-owned business
enterprises; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. A temporary state commission is hereby established to exam-
2 ine, evaluate and make recommendations on the impact of the duties and
3 liabilities imposed by sections 240 (scaffolding and other devices for
4 use of employees) and 241 (construction, excavation and demolition work)
5 of the labor law has on minority and women-owned business enterprises,
6 as defined in article 15-A of the executive law, and the impact of
7 construction related accidents on minority and female workers. The
8 commission shall review, with particular care:
9 (a) the financial impact of sections 240 and 241 of the labor law on
10 minority and women-owned business enterprises;
11 (b) the impact of such sections on the ability of minority and women-
12 owned business enterprises to compete for contracts;
13 (c) the impact of such sections on the survival and growth of minority
14 and women-owned business enterprises;
15 (d) the impact of the state of New York being the only state to have
16 such provisions of law in effect;
17 (e) what other states do so as to allow them not to have such
18 provisions of law in effect;
19 (f) injuries suffered by minority and female workers in the
20 construction industry.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10049-01-9
A. 6683 2
1 § 2. The commission shall consist of 11 members to be appointed as
2 follows: 5 members shall be appointed by the governor, 3 members shall
3 be appointed by the temporary president of the senate and 3 members
4 shall be appointed by the speaker of the assembly. The governor shall
5 designate the chair of the commission from among his or her appointees.
6 Vacancies in the membership of the commission shall be filled in the
7 manner provided for original appointments.
8 § 3. The commission may meet within and without the state, shall hold
9 public hearings, and shall have all the powers of a legislative commit-
10 tee pursuant to the legislative law.
11 § 4. The members of the commission shall receive no compensation for
12 their services, but shall be allowed their actual and necessary expenses
13 incurred in the performance of their duties pursuant to this act.
14 § 5. To the maximum extent feasible, the commission shall be entitled
15 to request and receive, and shall utilize and be provided with such
16 facilities, resources and data of any court, department, division,
17 board, bureau, commission or agency of the state or any political subdi-
18 vision thereof as it may reasonably request to carry out properly its
19 powers and duties pursuant to this act.
20 § 6. The commission shall submit a report to the governor and the
21 legislature of its findings, conclusions and recommendations within one
22 hundred eighty days of the effective date of this act. Such recommenda-
23 tions shall include:
24 (a) statutory changes to sections 240 and 241 of the labor law which
25 will minimize the impact of such sections on minority and women-owned
26 business enterprises;
27 (b) the establishment of standards that will improve job site safety
28 and preserve the right of injured persons to recover damages; and
29 (c) any other recommendations the commission deems necessary.
30 § 7. This act shall take effect immediately and shall expire and be
31 deemed repealed 181 days after such effective date.
