Bill Text: NY S06333 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to including off-site custom fabrication as public work for the purposes of prevailing wage payment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S06333 Detail]

Download: New_York-2019-S06333-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6333

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 5, 2019
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the labor law, in relation to inclusion of certain  off-
          site  custom fabrication as public work for the purposes of payment of
          prevailing wage

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Legislative findings and intent. The legislature finds and
     2  declares that the prevailing wage law was established  to  provide  fair
     3  and  equitable  working conditions, wages and supplementary benefits for
     4  persons employed on public works construction projects.
     5    The legislature further finds and declares that there  are  a  growing
     6  number  of  instances where materials are fabricated off the public work
     7  job site either to meet the unique specifications of the project subject
     8  to a public work contract or for the contractor's convenience.
     9    The legislature further finds and declares that in many instances  the
    10  prevailing  wage is not paid to persons involved in off-site fabrication
    11  and all drafting related to the fabrication of materials which are  used
    12  specifically for public works projects.
    13    It  is  the intent of the legislature that construction, drafting, and
    14  fabrication done off the public work site for specific use only  in  the
    15  public work project be compensated at the prevailing wage rate.
    16    §  2.  Subdivision  3  of  section  220 of the labor law is amended by
    17  adding a new closing paragraph to read as follows:
    18    Notwithstanding any law, rule or regulation to the  contrary,  "custom
    19  fabrication"  means  the  fabrication  and  all  drafting related to the
    20  fabrication of woodwork, cases, cabinets or counters and the fabrication
    21  of electrical, plumbing, heating, cooling, ventilation or  exhaust  duct
    22  systems,  and mechanical insulation solely and specifically designed and
    23  engineered for installation in the construction, repair or renovation of
    24  a building which is the subject of a contract  to  which  the  state,  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05997-01-9
        S. 6333                             2

     1  municipal  corporation,  a  public  benefit  corporation  or  commission
     2  appointed pursuant to law is a party, and  any  third  party  acting  on
     3  behalf  of  any  public  entity;  for  the purposes of this subdivision,
     4  contractors or subcontractors engaged in custom fabrication and drafting
     5  related to such fabrication shall not be regarded as material suppliers.
     6  For  the  purposes of this subdivision, a legal day's work for which the
     7  prevailing rate of wages shall be paid to laborers, workers and  mechan-
     8  ics  shall  include  custom  fabrication and the drafting of such fabri-
     9  cation whether or not the custom fabrication or drafting thereof is done
    10  on the public works site. Each contractor who employs  workers  off-site
    11  on  a  public works project must maintain certified payrolls and provide
    12  such payrolls, with original certifications, to the  contracting  agency
    13  at least once every thirty days.
    14    §  3.  This  act  shall take effect on the sixtieth day after it shall
    15  have become a law and shall apply only to those contracts  effective  on
    16  or after such date.