Bill Text: NY A04262 | 2011-2012 | General Assembly | Introduced

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Bill Title: relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2011-03-23 - enacting clause stricken [A04262 Detail]

Download: New_York-2011-A04262-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4262
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
         tee on Labor
       AN ACT to amend the labor law, in  relation  to  enacting  the  "roadway
         excavation quality assurance act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "roadway excavation quality assurance act".
    3    S  2.  The  labor law is amended by adding a new section 28 to read as
    4  follows:
    5    S 28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR  CONTRACTORS,
    6  TO  WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A MUNICIPALITY
    7  TO USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL  BE
    8  ISSUED,  TO  ENTER INTO AN AGREEMENT THAT ONLY COMPETENT WORKERS SKILLED
    9  IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
   10  SUCH PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE  PREVAILING
   11  WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
   12  SECTION  TWO  HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO THOSE SO
   13  EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
   14  ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
   15  ALL PERMITS ISSUED AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL
   16  INCLUDE  THEREIN  A  COPY  OF THIS SECTION.   WHEN PERMITS ARE ISSUED TO
   17  UTILITY COMPANIES OR THEIR CONTRACTORS, THE POWER TO ENFORCE  THE  TERMS
   18  OF  THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH THE
   19  PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
   20    S 3. This act shall take effect on the thirtieth day  after  it  shall
   21  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00110-03-1