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A05498 Summary:

COSPNSRTitus, Mayer, Lifton, Bichotte, Perry, Santabarbara, Brindisi, Jenne, Glick, Carroll, Rozic, Pichardo, Braunstein, Rodriguez, Steck, Seawright, Nolan, Wallace, Ryan, Kim, Ortiz, Titone, Colton, Skoufis, Hyndman, Abbate, Barnwell, DenDekker, Abinanti, Cusick, Woerner, Rosenthal L, Brabenec, Paulin, Sepulveda, De La Rosa, Magnarelli, Pheffer Amato, Miller MG, Walker, Joyner, Benedetto, Quart, Simotas, Vanel, Niou, Blake, D'Urso, Jaffee, Stirpe, Errigo, Pellegrino, Ramos, Richardson, Dinowitz, Gottfried, Jones, Zebrowski, Solages, Mosley, Lupardo, Rosenthal D, Fahy, Hunter
MLTSPNSRByrne, Epstein, Hevesi, Lentol, Simon, Wright
Amd 220, add 224-a, Lab L
Relates to hours, wages and supplements in contracts for public work.
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A05498 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Bronson
  TITLE OF BILL: An act to amend the labor law, in relation to hours, wages and supplements in contracts for public work   PURPOSE OR GENERAL IDEA OF BILL: Subjects all projects financed, in whole or in part, through certain public entities, to hours, wages and supplements contract requirements.   SUMMARY OF PROVISIONS: Sections 1-4 of the bill amend section 220 of the Labor law. Section 1 subjects every contract for public work to certain contracting requirements related to hours, wages, and supplements. Section 2 of the bill defines public work to include all projects paid for in whole or in part with public funds, certain construction work performed under private contract, and certain construction work performed as a condition of regulatory approval. Provides for an exemption for homeowners, construction performed by a nonprofit where they receive less than $100,000 in public funding and the gross annual income of such non-profit is less than $1 million, affordable housing where no less than 75 percent of the units are affordable for households up to 60 percent of the area median income, and projects eligible for benefits under section 421-a of the real prop- erty tax law. Defines "paid for in whole or in part out of public funds" to include the payment of money, issuance of bonds and grants by the state, a public entity or a third party acting on behalf of a public entity, the transfer of a public asset for less than fair market value, certain loans, tax credits, and other forms of public subsidies. Defines a "public entity" to include, but not be limited to, the state, a local development corporation, municipal corporation, industrial development agencies, industrial development authority, educational corporation established under article fifty-six of the education law, commission appointed pursuant to law, state, local and interstate and international authorities, and any trust created by any such entities. Defines "construction" and "custom fabrication." Section 3 of the bill amends the labor law by adding a new section 224-a to allow the commissioner to notify and issue a stop-work order when there is an alleged violation of this article and provides an appeal process. Section 4 sets the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Makes technical changes and includes an exemption for homeowners, certain non-profits, certain affordable housing projects, and projects eligible for benefits provided under section 421-a of the real property taxation law.   JUSTIFICATION: The New York State Constitution makes clear that it is the public policy of New York to pay the prevailing wage to those working on state financed construction projects, so as not to undermine the cost of local labor. In spite of this policy, employees working on publicly financed projects are presently receiving the prevailing wage due to judicial opinions which have undermined the law's original intent. This bill would remedy the present situation by adding a clear definition of "public work" subject to this article.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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