S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   588

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

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

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:

  Section  1. Legislative findings and intent. The legislature finds and
declares that the prevailing wage law was established  to  provide  fair
and  equitable  working conditions, wages and supplementary benefits for
persons employed on public works construction projects.
  The legislature further finds and  declares  that  there  are  growing
number  of  instances where materials are fabricated off the public work
job site either to meet the unique specifications of the project subject
to a public work contract or for the contractor's convenience.
  The legislature further finds and declares that in many instances  the
prevailing  wage is not paid to persons involved in off-site fabrication
of materials which are used specifically for public works projects.
  It is the intent of the legislature that construction and  fabrication
done  off  the  public  work  site  for specific use only in public work
projects be compensated at the prevailing wage rate.
  S 2. Subdivision 3 of section 220 of  the  labor  law  is  amended  by
adding a new closing paragraph to read as follows:
  "CUSTOM  FABRICATION" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FABRI-
CATION OF WOODWORK, CASES, CABINETS OR COUNTERS AND THE  FABRICATION  OF
ELECTRICAL,  PLUMBING,  HEATING,  COOLING,  VENTILATION  OR EXHAUST DUCT
SYSTEMS, AND MECHANICAL INSULATION SOLELY AND SPECIFICALLY DESIGNED  AND
ENGINEERED FOR INSTALLATION IN THE CONSTRUCTION, REPAIR OR RENOVATION OF
A  BUILDING  WHICH  IS  THE  SUBJECT OF A CONTRACT TO WHICH THE STATE, A
MUNICIPAL CORPORATION, A PUBLIC  BENEFIT  CORPORATION  OR  A  COMMISSION
APPOINTED  PURSUANT TO LAW IS A PARTY. FOR THE PURPOSES OF THIS SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04753-01-9
              

S. 588                              2

SION CONTRACTORS OR SUBCONTRACTORS ENGAGED IN CUSTOM  FABRICATION  SHALL
NOT BE REGARDED AS MATERIAL SUPPLIERS. FOR THE PURPOSES OF THIS SUBDIVI-
SION, A LEGAL DAY'S WORK FOR WHICH THE PREVAILING RATE OF WAGES SHALL BE
PAID TO LABORERS, WORKERS AND MECHANICS SHALL INCLUDE CUSTOM FABRICATION
WHETHER  OR  NOT THE CUSTOM FABRICATION IS DONE ON THE PUBLIC WORK SITE.
IT SHALL BE A CONDITION OF THE CONTRACT CONCERNING SUCH OFF-SITE  CUSTOM
FABRICATION WORK THAT THE CONTRACTOR OR EMPLOYER AWARDED THE PUBLIC WORK
CONTRACT SHALL COVENANT TO PAY THE ON-SITE PREVAILING WAGE OF THE PUBLIC
WORK  PROJECT.  EACH CONTRACTOR WHO EMPLOYS WORKERS OFF-SITE ON A PUBLIC
WORK PROJECT MUST MAINTAIN CERTIFIED PAYROLLS AND PROVIDE SUCH PAYROLLS,
WITH ORIGINAL CERTIFICATIONS, TO THE CONTRACTING AGENCY  AT  LEAST  ONCE
EVERY THIRTY DAYS.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply only to those contracts put out to bid
on or after such effective date.