Bill Text: NY A00103 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 103 (Prior Session Legislation)

Bill Title: Fines municipalities which fail to enforce prevailing wage paid by contractors on public works projects 10% of the project costs to be paid to the department of labor for apprenticeship training programs.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2012-06-06 - held for consideration in labor [A00103 Detail]

Download: New_York-2011-A00103-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          103
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO,  SALADINO, FINCH -- read once and
         referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to municipalities which  fail
         to enforce prevailing wage requirements of contractors on public works
         projects
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 220 of the labor law is amended by
    2  adding a new paragraph (f) to read as follows:
    3    (F) ANY MUNICIPAL ENTITY THAT HAS ENTERED  INTO  SUCH  CONTRACT  OR  A
    4  SUBCONTRACT  WITH  A  CONTRACTOR  TO  PERFORM  ON  ANY  PORTION  OF SUCH
    5  CONTRACT, AND WHERE SUCH CONTRACTOR WILLFULLY PAYS AFTER  ENTERING  INTO
    6  SUCH  CONTRACT,  LESS  THAN SUCH STIPULATED WAGE SCALE OR SUPPLEMENTS AS
    7  ESTABLISHED BY THE FISCAL OFFICER SHALL, UPON  THE  CONVICTION  OF  SUCH
    8  CONTRACTOR,  BE SUBJECT TO FINES OF TEN PERCENT OF THE CONTRACT VALUE TO
    9  BE PAID TO THE DEPARTMENT FOR APPRENTICESHIP TRAINING PROGRAMS  PURSUANT
   10  TO ARTICLE TWENTY-THREE OF THIS CHAPTER. FOR PURPOSES OF THIS PARAGRAPH,
   11  "MUNICIPAL  ENTITY"  SHALL  MEAN ANY COUNTY, CITY, TOWN, VILLAGE, PUBLIC
   12  BENEFIT CORPORATION, PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY, OR
   13  ANY SUBSIDIARY THEREOF.
   14    S 2. Section 220-d of the labor law is amended by adding a  new  third
   15  undesignated paragraph to read as follows:
   16    ANY  MUNICIPAL  ENTITY  THAT  HAS  ENTERED  INTO  SUCH CONTRACT WITH A
   17  CONTRACTOR TO PERFORM ON ANY PORTION OF SUCH CONTRACT,  AND  WHERE  SUCH
   18  CONTRACTOR  WILLFULLY  PAYS AFTER ENTERING INTO SUCH CONTRACT, LESS THAN
   19  SUCH STIPULATED MINIMUMS REGARDING WAGES AND SUPPLEMENTS SHALL, UPON THE
   20  CONVICTION OF SUCH CONTRACTOR, BE SUBJECT TO FINES OF TEN PERCENT OF THE
   21  CONTRACT VALUE TO BE PAID TO THE DEPARTMENT FOR APPRENTICESHIP  TRAINING
   22  PROGRAMS  PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER. FOR PURPOSES
   23  OF THIS PARAGRAPH, "MUNICIPAL ENTITY" SHALL MEAN ANY COUNTY, CITY, TOWN,
   24  VILLAGE, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, INDUSTRIAL DEVEL-
   25  OPMENT AGENCY, OR ANY SUBSIDIARY THEREOF.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02301-01-1