Bill Text: NY A05234 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "roadway excavation quality assurance act"; 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: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-03 - reported referred to codes [A05234 Detail]

Download: New_York-2013-A05234-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5234
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 21, 2013
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Labor
       AN  ACT  to  amend  the  labor law, in relation to enacting the "roadway
         excavation quality assurance act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "roadway excavation quality assurance act".
    3    S 2. The labor law is amended by adding a new section 28  to  read  as
    4  follows:
    5    S  28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR CONTRACTORS,
    6  TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A  MUNICIPALITY
    7  TO  USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL BE
    8  ISSUED, TO ENTER INTO AN AGREEMENT THAT ONLY COMPETENT  WORKERS  SKILLED
    9  IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
   10  SUCH  PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE PREVAILING
   11  WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
   12  SECTION TWO HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO  THOSE  SO
   13  EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
   14  ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
   15  ALL  PERMITS  ISSUED  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION SHALL
   16  INCLUDE THEREIN A COPY OF THIS SECTION.   WHEN  PERMITS  ARE  ISSUED  TO
   17  UTILITY  COMPANIES  OR THEIR CONTRACTORS, THE POWER TO ENFORCE THE TERMS
   18  OF THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH  THE
   19  PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
   20    S  3.  This  act shall take effect on the thirtieth day after it shall
   21  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00709-01-3