Bill Text: NY A06683 | 2009-2010 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A06683 Detail]

Download: New_York-2009-A06683-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6683
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    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    S  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    S  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    S  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    S 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    S 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    S 7. This act shall take effect immediately and shall  expire  and  be
   31  deemed repealed 181 days after such effective date.