Bill Text: NY S00632 | 2009-2010 | General Assembly | Amended

New York Senate Bill 632 (Prior Session Legislation)

Amended

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: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2010-02-05 - PRINT NUMBER 632A [S00632 Detail]

Download: New_York-2009-S00632-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        632--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2009
                                      ___________
       Introduced by Sens. FUSCHILLO, ONORATO, LARKIN -- read twice and ordered
         printed, and when printed to be committed to the Committee on Labor --
         recommitted  to  the Committee on Labor in accordance with Senate Rule
         6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee
       AN ACT to amend the labor law, in relation to workers on excavations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new section 28 to read
    2  as follows:
    3    S 28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR  CONTRACTORS,
    4  TO  WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A MUNICIPALITY
    5  TO USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL  BE
    6  ISSUED,  TO  ENTER INTO AN AGREEMENT THAT ONLY COMPETENT WORKERS SKILLED
    7  IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
    8  SUCH PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE  PREVAILING
    9  WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
   10  SECTION  TWO  HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO THOSE SO
   11  EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
   12  ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
   13  ALL PERMITS ISSUED AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION  SHALL
   14  INCLUDE THEREIN A COPY OF THIS SECTION. WHEN PERMITS ARE ISSUED TO UTIL-
   15  ITY  COMPANIES  OR  THEIR CONTRACTORS, THE POWER TO ENFORCE THE TERMS OF
   16  THIS SECTION SHALL BE VESTED WITH THE  DEPARTMENT  CONSISTENT  WITH  THE
   17  PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00911-03-0