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S08454 Summary:

S08454 Actions:

S08454 Floor Votes:

S08454 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8454
 
                    IN SENATE
 
                                      July 27, 2010
                                       ___________
 
        Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        AN ACT to amend the labor law and a chapter of the laws of 2010,  amend-
          ing the labor law relating to prevailing wages for service workers, as
          proposed  in  legislative  bills  numbers  S.8379-A  and A.10257-D, in

          relation to applicability of certain provisions relating to such wages
          and the  effective  date  of  such  chapter;  and  to  repeal  certain
          provisions of the labor law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 2 of section 230 of the  labor  law,  as
     2  amended by a chapter of the laws of 2010 amending the labor law relating
     3  to  prevailing  wages  for  service  workers, as proposed in legislative
     4  bills numbers S.8379-A and A.10257-D, is amended to read as follows:
     5    1. "Service employee" or "employee" means any person performing  jani-
     6  torial,  or  security service work for a contractor, [other than a busi-
     7  ness improvement district,] under contract with a public agency which is

     8  in excess of [ten] two thousand dollars and  the  principal  purpose  of
     9  which  is  to  furnish services through the use of service employees, or
    10  any other person performing work in connection with the care or  mainte-
    11  nance  of an existing building, or in connection with the transportation
    12  of office furniture or  equipment  to  or  from  such  building,  or  in
    13  connection  with  the transportation and delivery of fossil fuel to such
    14  building, for a contractor under a contract with a public  agency  which
    15  is  in excess of [ten] two thousand dollars and the principal purpose of
    16  which is to furnish services through the use of service employees.
    17    "Service employee" or "employee" includes, but  is  not  limited,  to,
    18  watchman,  guard,  doorman, building cleaner, porter, handyman, janitor,

    19  gardener, groundskeeper, stationary fireman, elevator operator and star-
    20  ter, window cleaner, and  occupations  relating  to  the  collection  of
    21  garbage  or  refuse,  and  to the transportation of office furniture and
    22  equipment, and to the transportation and delivery  of  fossil  fuel  but
    23  does  not  include clerical, sales, professional, technician and related
    24  occupations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16378-32-0
        S. 8454                             2
 
     1    "Service employee" or "employee" also does not include any employee to
     2  whom the provisions of articles eight and eight-A of  this  chapter  are
     3  applicable.

     4    2. "Service work" means work performed by a service employee, but does
     5  not  include  work  performed  for a contractor under a contract for the
     6  furnishing of services by radio, telephone, telegraph or cable companies
     7  or janitorial or security work performed on the premises owned or  oper-
     8  ated  by  the power authority of the state of New York unless such prem-
     9  ises are jointly owned or  operated  with  any  non-governmental  public
    10  utility  or substantially-owned affiliated entity of such public utility
    11  as defined in subdivision three of this section.  ["Service work"  shall
    12  also  include  work  performed under a contract, with the exception of a
    13  contract or subcontract in which a business improvement  district  is  a

    14  party, for the benefit of a public agency with any third party person or
    15  entity  acting  in  place  of,  on  behalf of or for the benefit of such
    16  public agency in  the  provision  of  building  or  property  management
    17  services  or  similar  services pursuant to any lease or other agreement
    18  between such  third  party  person  or  entity  and  the  public  agency
    19  provided,  however, that "service work" shall not include work performed
    20  under a lease or similar agreement in a privately owned  building  where
    21  the  space  occupied by the public agency represents less than ten thou-
    22  sand square feet.]
    23    § 2. Subdivision 8 of section 231 of the labor  law,  as  added  by  a
    24  chapter  of the laws of 2010 amending the labor law relating to prevail-

    25  ing wages for service workers, as proposed in legislative bills  numbers
    26  S.8379-A and A.10257-D, is REPEALED.
    27    §  3.  Section 10 of a chapter of the laws of 2010, amending the labor
    28  law relating to prevailing wages for service  workers,  as  proposed  in
    29  legislative  bills numbers S.8379-A and A.10257-D, is amended to read as
    30  follows:
    31    § 10. This act shall take effect on the ninetieth day after  it  shall
    32  have  become a law, and shall apply to all contracts or other agreements
    33  entered into, renewed, or extended on or after such date; provided  that
    34  payment of prevailing wages for work performed under a contract or other
    35  agreement made subject to prevailing wage requirements by this act shall
    36  not  be  required  for  work  performed  before  July 1, 2011; provided,

    37  further however:  (a) the amendments to subdivision 4 of section 230  of
    38  the  labor  law  made by section two of this act shall be subject to the
    39  expiration and reversion of such subdivision pursuant to  section  5  of
    40  chapter  678  of  the  laws of 2007, as amended, when upon such date the
    41  provisions of section four of this act shall take effect; and
    42    (b) the amendments to subdivision 5 of section 231 of  the  labor  law
    43  made by section three of this act shall be subject to the expiration and
    44  reversion  of  such  subdivision pursuant to section 5 of chapter 678 of
    45  the laws of 2007, as amended, when upon  such  date  the  provisions  of
    46  section five of this act shall take effect.
    47    §  4.  This act shall take effect immediately; provided, however, that
    48  sections one and two of this act shall take effect on the same date  and

    49  in  the  same manner as a chapter of the laws of 2010 amending the labor
    50  law relating to prevailing wages for service  workers,  as  proposed  in
    51  legislative bills numbers S.8379-A and A.10257-D, takes effect.