S T A T E O F N E W Y O R K
________________________________________________________________________
99
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, and the education law, in relation to
enacting the "charter schools constriction fair wages act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "charter schools construction fair wages act".
S 2. Subdivision 2 of section 220 of the labor law, as amended by
chapter 678 of the laws of 2007, is amended to read as follows:
2. Each contract, LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT, OR
PERMIT, to which the state or a public benefit corporation or a munici-
pal corporation or a commission appointed pursuant to law OR AN EDUCA-
TION CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is a party, and
any contract for public work entered into by a third party acting in
place of, on behalf of and for the benefit of such public entity pursu-
ant to any lease, permit or other agreement between such third party and
the public entity, and which may involve the employment of laborers,
workers or mechanics shall contain a stipulation that no laborer, worker
or mechanic in the employ of the contractor, subcontractor or other
person doing or contracting to do the whole or a part of the work
contemplated by the contract shall be permitted or required to work more
than eight hours in any one calendar day or more than five days in any
one week except in cases of extraordinary emergency including fire,
flood or danger to life or property. No such person shall be so employed
more than eight hours in any day or more than five days in any one week
except in such emergency. Extraordinary emergency within the meaning of
this section shall be deemed to include situations in which sufficient
laborers, workers and mechanics cannot be employed to carry on public
work expeditiously as a result of such restrictions upon the number of
hours and days of labor and the immediate commencement or prosecution or
completion without undue delay of the public work is necessary in the
judgment of the commissioner for the preservation of the contract site
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01396-01-1
A. 99 2
and for the protection of the life and limb of the persons using the
same. Upon the application of any person interested, the commissioner
shall make a determination as to whether or not on any public project or
on all public projects in any area of this state, sufficient laborers,
workers and mechanics of any or all classifications can be employed to
carry on work expeditiously if their labor is restricted to eight hours
per day and five days per week, and in the event that the commissioner
determines that there are not sufficient workers, laborers and mechanics
of any or all classifications which may be employed to carry on such
work expeditiously if their labor is restricted to eight hours per day
and five days per week, and the immediate commencement or prosecution or
completion without undue delay of the public work is necessary in the
judgment of the commissioner for the preservation of the contract site
and for the protection of the life and limb of the persons using the
same, the commissioner shall grant a dispensation permitting all labor-
ers, workers and mechanics, or any classification of such laborers,
workers and mechanics, to work such additional hours or days per week on
such public project or in such areas the commissioner shall determine.
Whenever such a dispensation is granted, all work in excess of eight
hours per day and five days per week shall be considered overtime work,
and the laborers, workers and mechanics performing such work shall be
paid a premium wage commensurate with the premium wages prevailing in
the area in which the work is performed. No such dispensation shall be
effective with respect to any public work unless and until the depart-
ment of jurisdiction, as defined in this section, certifies to the
commissioner that such public work is of an important nature and that a
delay in carrying it to completion would result in serious disadvantage
to the public. Time lost in any week because of inclement weather by
employees engaged in the construction, reconstruction and maintenance of
highways outside of the limits of cities and villages may be made up
during that week and/or the succeeding three weeks.
S 3. Subdivision 2 of section 220 of the labor law, as amended by
chapter 851 of the laws of 1947, is amended to read as follows:
2. Each contract, LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT, OR
PERMIT, to which the state or a public benefit corporation or a munici-
pal corporation or a commission appointed pursuant to law OR AN EDUCA-
TION CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is a party and
which may involve the employment of laborers, [workmen] WORKERS or
mechanics shall contain a stipulation that no laborer, [workman] WORKER
or mechanic in the employ of the contractor, subcontractor or other
person doing or contracting to do the whole or a part of the work
contemplated by the contract shall be permitted or required to work more
than eight hours in any one calendar day or more than five days in any
one week except in cases of extraordinary emergency including fire,
flood or danger to life or property. No such person shall be so employed
more than eight hours in any day or more than five days in any one week
except in such emergency. Extraordinary emergency within the meaning of
this section shall be deemed to include situations in which sufficient
laborers, [workmen] WORKERS and mechanics cannot be employed to carry on
public work expeditiously as a result of such restrictions upon the
number of hours and days of labor and the immediate commencement or
prosecution or completion without undue delay of the public work is
necessary in the judgment of the [industrial] commissioner for the pres-
ervation of the contract site and for the protection of the life and
limb of the persons using the same. Upon the application of any person
interested, the [industrial] commissioner shall make a determination as
A. 99 3
to whether or not on any public project or on all public projects in any
area of this state, sufficient laborers, [workmen] WORKERS and mechanics
of any or all classifications can be employed to carry on work expe-
ditiously if their labor is restricted to eight hours per day and five
days per week, and in the event that the [industrial] commissioner
determines that there are not sufficient [workmen] WORKERS, laborers and
mechanics of any or all classifications which may be employed to carry
on such work expeditiously if their labor is restricted to eight hours
per day and five days per week, and the immediate commencement or prose-
cution or completion without undue delay of the public work is necessary
in the judgment of the [industrial] commissioner for the preservation of
the contract site and for the protection of the life and limb of the
persons using the same, the [industrial] commissioner shall grant a
dispensation permitting all laborers, [workmen] WORKERS and mechanics,
or any classification of such laborers, [workmen] WORKERS and mechanics,
to work such additional hours or days per week on such public project or
in such areas the [industrial] commissioner shall determine. Whenever
such a dispensation is granted, all work in excess of eight hours per
day and five days per week shall be considered overtime work, and the
laborers, workmen and mechanics performing such work shall be paid a
premium wage commensurate with the premium wages prevailing in the area
in which the work is performed. No such dispensation shall be effective
with respect to any public work unless and until the department of
jurisdiction, as defined in this section, certifies to the [industrial]
commissioner that such public work is of an important nature and that a
delay in carrying it to completion would result in serious disadvantage
to the public. Time lost in any week because of inclement weather by
employees engaged in the construction, reconstruction and maintenance of
highways outside of the limits of cities and villages may be made up
during that week and/or the succeeding three weeks.
S 4. Paragraph (a) of subdivision 3 of section 2853 of the education
law, as amended by chapter 101 of the laws of 2010, is amended to read
as follows:
(a) A charter school may be located in part of an existing public
school building, in space provided on a private work site, in a public
building or in any other suitable location. Provided, however, before a
charter school may be located in part of an existing public school
building, the charter entity shall provide notice to the parents or
guardians of the students then enrolled in the existing school building
and shall hold a public hearing for purposes of discussing the location
of the charter school. ALL CONTRACTS ENTERED INTO BY SUCH CHARTER
SCHOOL, OR ANY EDUCATION CORPORATION ORGANIZED TO OPERATE A CHARTER
SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC BENE-
FIT CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON
BEHALF OF ANY OF THESE ENTITIES, INVOLVING THE CONSTRUCTION, RECON-
STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION,
OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL BE SUBJECT TO THE
REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW
AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may own,
lease or rent its space.
S 5. This act shall take effect immediately; provided that the amend-
ments to subdivision 2 of section 220 of the labor law made by section
two of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
amended, when upon such date the provisions of section three of this act
shall take effect.