S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6576
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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  a  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
 and all drafting related to the fabrication of materials which are  used
 specifically for public works projects.
   It  is  the intent of the legislature that construction, drafting, and
 fabrication done off the public work site for specific use only  in  the
 public work project be compensated at the prevailing wage rate.
   §  2.  Subdivision  3  of  section  220 of the labor law is amended by
 adding a new closing paragraph to read as follows:
   NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  "CUSTOM
 FABRICATION"  MEANS  THE  FABRICATION  AND  ALL  DRAFTING RELATED TO THE
 FABRICATION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11871-01-7

 S. 6576                             2
 
 MUNICIPAL  CORPORATION,  A  PUBLIC  BENEFIT  CORPORATION  OR  COMMISSION
 APPOINTED PURSUANT TO LAW IS A PARTY, AND  ANY  THIRD  PARTY  ACTING  ON
 BEHALF  OF  ANY  PUBLIC  ENTITY;  FOR  THE PURPOSES OF THIS SUBDIVISION,
 CONTRACTORS OR SUBCONTRACTORS ENGAGED IN CUSTOM FABRICATION AND DRAFTING
 RELATED TO SUCH FABRICATION SHALL NOT BE REGARDED AS MATERIAL SUPPLIERS.
 FOR  THE  PURPOSES OF THIS SUBDIVISION, A LEGAL DAY'S WORK FOR WHICH THE
 PREVAILING RATE OF WAGES SHALL BE PAID TO LABORERS, WORKERS AND  MECHAN-
 ICS  SHALL  INCLUDE  CUSTOM  FABRICATION AND THE DRAFTING OF SUCH FABRI-
 CATION WHETHER OR NOT THE CUSTOM FABRICATION OR DRAFTING THEREOF IS DONE
 ON THE PUBLIC WORKS SITE. EACH CONTRACTOR WHO EMPLOYS  WORKERS  OFF-SITE
 ON  A  PUBLIC WORKS PROJECT MUST MAINTAIN CERTIFIED PAYROLLS AND PROVIDE
 SUCH PAYROLLS, WITH ORIGINAL CERTIFICATIONS, TO THE  CONTRACTING  AGENCY
 AT LEAST ONCE EVERY THIRTY DAYS.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply only to those contracts  effective  on
 or after such date.