S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6265
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 31, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  ensuring  that  utility
   employees receive the prevailing wage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 230 of the labor law, as added by  chapter  777  of
 the laws of 1971, subdivision 1 as amended and subdivision 9 as added by
 chapter 542 of the laws of 1984, subdivision 4 as amended by chapter 678
 of  the laws of 2007, and subdivisions 10, 11, 12, 13 and 14 as added by
 chapter 547 of the laws of 1998, is amended to read as follows:
   § 230. Definitions. As used in this article:
   1. "Building service employee" or "employee" means any person perform-
 ing work in connection with the  care  or  maintenance  of  an  existing
 building OR FACILITY, or in connection with the transportation of office
 furniture  or  equipment  to  or  from  such building OR FACILITY, or in
 connection with the transportation and delivery of fossil fuel  to  such
 building  OR  FACILITY,  for a contractor under a contract with a public
 agency which is in excess of one thousand five hundred dollars  and  the
 principal  purpose  of  which  is to furnish services through the use of
 building service employees OR AT A COVERED UTILITY LOCATION.
   "Building service employee" or "employee" includes, but is not  limit-
 ed,  to,  watchman,  guard, doorman, building cleaner, porter, handyman,
 janitor, gardener, groundskeeper, stationary fireman, elevator  operator
 and  starter, window cleaner, and occupations relating to the collection
 of garbage or refuse, and to the transportation of office furniture  and
 equipment,  and  to  the  transportation and delivery of fossil fuel but
 does not include clerical, sales, professional, technician  and  related
 occupations.
   "Building  service  employee"  or "employee" also does not include any
 employee to whom the provisions of articles eight and  eight-a  of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13100-01-9

 S. 6265                             2
 
 chapter  are applicable.  "BUILDING SERVICE EMPLOYEE" OR "EMPLOYEE" ALSO
 DOES NOT INCLUDE ANY EMPLOYEE DIRECTLY OR INDIRECTLY PERFORMING WORK FOR
 OR ON BEHALF OF A BUSINESS IMPROVEMENT DISTRICT UNLESS SUCH  WORK  WOULD
 HAVE  BEEN  SUBJECT  TO  THE  REQUIREMENTS  OF THIS ARTICLE PRIOR TO THE
 EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO  THOUSAND  NINETEEN  THAT
 AMENDED  THIS SUBDIVISION. THE PRECEDING SENTENCE SHALL NOT BE CONSTRUED
 TO AFFECT ANY DETERMINATION HEREAFTER BY THE FISCAL OFFICER OR  A  COURT
 OF  COMPETENT JURISDICTION AS TO THE APPLICABILITY OR INAPPLICABILITY TO
 SUCH WORK OF SUCH REQUIREMENTS.
   2. "Building service work" or "service work" means work performed by a
 building service employee, but does not include  work  performed  for  a
 contractor  under  a  contract  for the furnishing of services by radio,
 telephone, telegraph or cable companies[; and any  contract  for  public
 utility  services,  including electric light and power, water, steam and
 gas].
   3. "Public agency" means the state, any of its political subdivisions,
 a public benefit  corporation,  a  public  authority  or  commission  or
 special purpose district board appointed pursuant to law, and a board of
 education.
   4.  "Contractor"  means  any employer who employs employees to perform
 building service work under a contract with a public  agency  and  shall
 include any of the contractor's subcontractors.
   5. "Wage" includes: (a) basic hourly cash rate of pay; and (b) supple-
 ments. The term "supplements" means fringe benefits including medical or
 hospital  care,  pensions on retirement or death, compensation for inju-
 ries or illness resulting from occupational activity,  or  insurance  to
 provide  any  of  the  foregoing, unemployment benefits, life insurance,
 disability and sickness  insurance,  accident  insurance,  vacation  and
 holiday pay, costs of apprenticeship or other similar programs and other
 bona  fide  fringe  benefits not otherwise required by federal, state or
 local law to be provided by the  contractor  or  subcontractor,  COVERED
 UTILITY OR COVERED EMPLOYER.
   6.  "Prevailing  wage" means the wage determined by the fiscal officer
 to be prevailing for the various classes of building  service  employees
 in  the locality. In no event shall the basic hourly cash rate of pay be
 less than the statutory minimum wage established by article nineteen  of
 this  chapter, or, in a city with a local law requiring a higher minimum
 wage on city contract work, less than the minimum wage specified in such
 local law.
   7. "Locality" means the state, a town, city, village  or  other  civil
 division  or  area of the state as determined by the fiscal officer. The
 fiscal officer may fix a different geographic area  in  determining  the
 locality for the prevailing basic hourly cash rate of pay and the local-
 ity for prevailing supplements.
   8.  "Fiscal  officer"  means  the  industrial commissioner, except for
 building service work performed by or on behalf of a city, OR WHERE  THE
 COVERED  UTILITY  LOCATION IS LOCATED WITHIN A CITY WITH A POPULATION OF
 ONE MILLION OR MORE in which case "fiscal officer" means the comptroller
 or other analogous officer of such city.
   9. "Fossil fuel" shall mean coal, petroleum products and  fuel  gases.
 "Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel
 gases"  shall include but not be limited to methane, natural gas, lique-
 fied natural gas and manufactured fuel gases. "Petroleum products" shall
 include all products refined or rerefined from synthetic or crude oil or
 oil  extracted  from  other  sources,  including  natural  gas  liquids.

 S. 6265                             3
 
 Provided that nothing in this subdivision shall affect the exclusion for
 public utility services set forth in subdivision two of this section.
   10.  "Substantially-owned  affiliated  entity"  shall  mean the parent
 company of  the  contractor,  COVERED  UTILITY,  or  subcontractor,  any
 subsidiary  of  the  contractor,  COVERED  UTILITY, COVERED EMPLOYER, or
 subcontractor, or any entity in which  the  parent  of  the  contractor,
 COVERED UTILITY, COVERED EMPLOYER, or subcontractor owns more than fifty
 percent  of  the  voting stock, or an entity in which one or more of the
 top five  shareholders  of  the  contractor,  COVERED  UTILITY,  COVERED
 EMPLOYER,  or  subcontractor  individually  or  collectively also owns a
 controlling share of the voting stock, or an entity which  exhibits  any
 other  indicia  of control over the contractor, COVERED UTILITY, COVERED
 EMPLOYER, or subcontractor or over which the contractor, COVERED  UTILI-
 TY,  COVERED  EMPLOYER, or subcontractor exhibits control, regardless of
 whether or not the controlling party or parties have any identifiable or
 documented ownership interest. Such  indicia  shall  include:  power  or
 responsibility  over  employment  decisions, access to and/or use of the
 relevant entity's assets or  equipment,  power  or  responsibility  over
 contracts of the entity, responsibility for maintenance or submission of
 certified  payroll records, and influence over the business decisions of
 the relevant entity.
   11. "Entity" shall mean a  partnership,  association,  joint  venture,
 company,  sole  proprietorship,  corporation  or any other form of doing
 business.
   12. "Parent company" shall mean an entity that directly  controls  the
 contractor, COVERED UTILITY, or subcontractor.
   13.  "Subsidiary" shall mean an entity that is controlled directly, or
 indirectly through one  or  more  intermediaries,  by  a  contractor  or
 subcontractor, COVERED UTILITY, or the contractor's parent company.
   14.  "Successor"  shall  mean  an entity engaged in work substantially
 similar to that of the predecessor, where there is substantial continui-
 ty of operation with that of the predecessor.
   15. "COVERED UTILITY" SHALL MEAN ANY ENTITY  OTHER  THAN  A  MUNICIPAL
 CORPORATION  THAT  DISTRIBUTES  ELECTRIC LIGHT OR POWER, OR GAS OR STEAM
 SERVICES AT RETAIL RATES REGULATED  BY  THE  PUBLIC  SERVICE  COMMISSION
 PURSUANT  TO  A FRANCHISE GRANTED UNDER THE PROVISIONS OF SECTION SIXTY-
 EIGHT OR EIGHTY-ONE OF THE PUBLIC SERVICE LAW,  AND  ANY  SUBSTANTIALLY-
 OWNED AFFILIATED ENTITY OF SUCH COVERED UTILITY.
   16. "COVERED UTILITY LOCATION" SHALL MEAN ANY REAL PROPERTY, INCLUDING
 FACILITIES  USED  IN THE GENERATION, STORAGE, TRANSMISSION, DISTRIBUTION
 OR SALE OF GAS, ELECTRICITY, STEAM, OWNED OR LEASED BY A COVERED UTILITY
 PROVIDED THAT WHERE SUCH COVERED UTILITY LOCATION IS  AN  OFFICE  SPACE,
 SUCH  OFFICE  SPACE  SHALL  BE  A COVERED UTILITY LOCATION ONLY IF IT IS
 LARGER THAN ONE HUNDRED THOUSAND SQUARE FEET; AND FURTHER PROVIDED  THAT
 IF  SUCH  OFFICE  SPACE  IS LEASED, SUCH OFFICE SPACE SHALL BE A COVERED
 UTILITY LOCATION ONLY IF THROUGH A SINGLE AGREEMENT OR  MULTIPLE  AGREE-
 MENTS  NO LESS THAN FIFTY-ONE PERCENT OF THE TOTAL SQUARE FOOTAGE OF THE
 OFFICE SPACE IS LEASED BY THE COVERED UTILITY.
   17. "COVERED EMPLOYER" SHALL MEAN ANY ENTITY,  OTHER  THAN  A  COVERED
 UTILITY  THAT  EMPLOYS  BUILDING  SERVICE EMPLOYEES AT A COVERED UTILITY
 LOCATION.
   § 2. Subdivisions 1, 2, 3 and 6 of section 231 of the  labor  law,  as
 added by chapter 777 of the laws of 1971, are amended and a new subdivi-
 sion 8 is added to read as follows:
   1.  Every contractor shall pay a service employee under a contract for
 building service work a wage of not less than the prevailing wage in the

 S. 6265                             4
 
 locality for the craft, trade or occupation  of  the  service  employee.
 COVERED  UTILITIES  SHALL  ENSURE  THAT  ALL  BUILDING SERVICE EMPLOYEES
 PERFORMING BUILDING SERVICE WORK AT A COVERED UTILITY  LOCATION  REGARD-
 LESS OF THE EMPLOYING ENTITY ARE PAID NO LESS THAN THE PREVAILING WAGE.
   2. The obligation of a contractor OR COVERED UTILITY to pay prevailing
 supplements  may be discharged by furnishing any equivalent combinations
 of fringe benefits or by making equivalent or differential  payments  in
 cash under rules and regulations established by the fiscal officer.
   3.  Each  contract  for building service work shall contain as part of
 the specifications thereof a schedule of the wages required to  be  paid
 to  the various classes of service employees on such work, and each such
 contract shall further contain a provision obligating the contractor  to
 pay  each employee on such work not less than the wage specified for his
 craft, trade or occupation in such schedule.  ANY  LEASE,  CONTRACT  FOR
 MANAGEMENT SERVICES OR ANY OTHER CONTRACT PERTAINING TO THE PROVISION OF
 BUILDING  SERVICES  AT  A  COVERED  UTILITY  LOCATION  ENTERED INTO BY A
 COVERED UTILITY SHALL CONTAIN THE  FOLLOWING  PROVISION:  "ALL  BUILDING
 SERVICE  EMPLOYEES  SHALL  BE  PAID  NO LESS THAN THE PREVAILING WAGE AS
 PROVIDED BY THE FISCAL OFFICER AS DESCRIBED IN SECTION TWO HUNDRED THIR-
 TY-FOUR OF THE LABOR LAW. ANY COVERED EMPLOYER AS DEFINED IN SECTION TWO
 HUNDRED THIRTY OF THE LABOR LAW SHALL MAINTAIN ALL RECORDS  RELATING  TO
 THE  EMPLOYMENT  OF BUILDING SERVICE WORKERS AS DESCRIBED IN SECTION TWO
 HUNDRED AND THIRTY-THREE OF THE LABOR LAW WHICH ARE TO  BE  PROVIDED  TO
 THE COVERED UTILITY. THIS REQUIREMENT SHALL APPLY TO ANY COVERED UTILITY
 LOCATION AS PROVIDED BY ARTICLE NINE OF THE LABOR LAW."
   6.  No  later  than  the first day upon which work on said contract is
 performed by any employee, OR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
 A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS  SUBDI-
 VISION  the  contractor OR COVERED UTILITY shall post in a prominent and
 accessible place on the site of the work  a  legible  statement  of  the
 wages to be paid to the workmen employed thereon.
   8.  THIS SECTION SHALL NOT PREEMPT ANY PUBLIC AGENCY FROM ESTABLISHING
 HIGHER MINIMUM WAGES FOR EMPLOYEES PERFORMING BUILDING SERVICE  WORK  AT
 COVERED  UTILITIES.  NOR  SHALL  ANY  COVERED  UTILITY BE PREEMPTED FROM
 PAYING HIGHER THAN THE PREVAILING WAGE.
   § 3. Section 232 of the labor law, as added by chapter 777 of the laws
 of 1971, is amended to read as follows:
   § 232. Overtime. An employee, employed AT A COVERED  UTILITY  LOCATION
 OR  by  a  contractor, who works more than eight hours in any one day or
 more than forty hours in any workweek shall be paid wages for such over-
 time at a rate not less than one-and-one-half times his prevailing basic
 cash hourly rate.
   § 4. Section 233 of the labor law, as added by chapter 777 of the laws
 of 1971, is amended to read as follows:
   § 233. Record keeping. 1. In all cases where  service  work  is  being
 performed  pursuant  to  a  contract  therefor  OR  AT A COVERED UTILITY
 LOCATION, the contractor OR COVERED UTILITY shall keep original payrolls
 or transcripts thereof, subscribed and confirmed by him as  true,  under
 penalties  of perjury, showing the hours and days worked by each employ-
 ee, the craft, trade or occupation at which he  was  employed,  and  the
 wages paid.  A COVERED UTILITY MAY SATISFY THIS REQUIREMENT BY OBTAINING
 COPIES OF EMPLOYMENT RECORDS FROM A COVERED EMPLOYER.
   2.  Where  the  wages paid include sums which are not paid directly to
 the workmen weekly and which are expended for supplements,  the  records
 required  to be maintained shall include a record of such hourly payment
 on behalf of such employees, the supplement for which such  payment  has

 S. 6265                             5
 
 been  made,  and the name and address of the person to whom such payment
 has been made. In all such cases,  the  contractor  OR  COVERED  UTILITY
 shall  keep  a true and inscribed copy of the agreement under which such
 payments  are  made, a record of all net payments made thereunder, and a
 list of all persons for whom such payments are made.
   3. The records required to be maintained shall be kept on the site  of
 the  work  during  all of the time that work under the contract is being
 performed OR FOR THREE YEARS AFTER COMPLETION FOR A COVERED UTILITY.
   4. All records required to be maintained  shall  be  preserved  for  a
 period of three years after the completion of work.
   5.  A  COVERED  UTILITY  SHALL INCLUDE A REQUIREMENT IN ALL LEASES AND
 CONTRACTS PERTAINING TO THE PROVISION  OF  BUILDING  SERVICES  THAT  ANY
 COVERED  EMPLOYER  SHALL  COMPLY  WITH THE RECORDKEEPING REQUIREMENTS OF
 THIS SECTION. THE COVERED UTILITY SHALL OBTAIN  SUCH  RECORDS  FROM  ANY
 COVERED  EMPLOYER  AND PRESERVE SUCH RECORDS FOR A PERIOD OF THREE YEARS
 AFTER THE COMPLETION OF THE EMPLOYEE'S WORK.
   6. FAILURE TO MAINTAIN SUCH RECORDS AS REQUIRED BY THIS SECTION  SHALL
 CREATE A REBUTTABLE PRESUMPTION THAT THE BUILDING SERVICE EMPLOYEES WERE
 NOT PAID THE WAGES REQUIRED UNDER THIS ARTICLE.
   7.  THE  REQUIREMENTS OF THIS ARTICLE SHALL APPLY TO COVERED UTILITIES
 SO LONG AS THEY RETAIN THEIR STATUS AS COVERED UTILITIES.
   § 5. Paragraph (f) of subdivision 1 of section 234 of the  labor  law,
 as  added  by  chapter  777  of  the laws of 1971, is amended to read as
 follows:
   (f) to require a contractor OR COVERED UTILITY to file with the fiscal
 officer a record of the  wages  actually  paid  by  such  contractor  OR
 COVERED UTILITY to the employees and of their hours of work;
   § 6. Subdivisions 1 and 5, the opening paragraph of subdivision 6, and
 subdivisions  8  and 9 of section 235 of the labor law, subdivision 1 as
 added by chapter 777 of the laws of 1971, subdivision 5 as  amended  and
 subdivisions  8 and 9 as added by chapter 547 of the laws of 1998, para-
 graph c of subdivision 5 as further amended by section 104 of part A  of
 chapter 62 of the laws of 2011, and the opening paragraph of subdivision
 6  as amended by chapter 491 of the laws of 1999, are amended to read as
 follows:
   1. Whenever the fiscal officer has reason to believe  that  A  SERVICE
 EMPLOYEE  AT  A  COVERED  UTILITY  LOCATION  HAS BEEN PAID LESS THAN THE
 APPLICABLE PREVAILING WAGE OR THAT a service employee has been paid less
 than the wages stipulated in the contract, or if such  contract  has  no
 wage  schedule  attached  thereto  and  the fiscal officer has reason to
 believe that a service employee  has  been  paid  less  than  the  wages
 prevailing  for  his craft, trade or occupation, the fiscal officer may,
 and upon receipt of a written complaint from an employee employed there-
 on, shall conduct a special investigation to determine the facts  relat-
 ing thereto.
   5.  a.  The investigation and hearing shall be expeditiously conducted
 and upon the completion thereof the fiscal officer shall  determine  the
 issues  raised  and  shall  make and file an order in his office stating
 such determination and forthwith serve personally or by mail a  copy  of
 such  order  and determination together with a notice of filing upon all
 parties to the proceeding and upon the financial officer of  the  public
 agency involved.
   b.  In  addition  to  directing payment of wages found to be due, such
 order of the fiscal officer may direct payment of a  further  sum  as  a
 civil  penalty  in  an  amount  not exceeding twenty-five percent of the
 total amount found to be due. In assessing the amount  of  the  penalty,

 S. 6265                             6
 
 due consideration shall be given to the size of the employer's business,
 the good faith of the employer, the gravity of the violation, the histo-
 ry  of  previous violations of the employer, successor or substantially-
 owned  affiliated  entity  or  any  successor of the contractor, COVERED
 UTILITY, COVERED EMPLOYER, or subcontractor, any officer of the contrac-
 tor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor  who  knowingly
 participated  in  the violation of this article, and any of the partners
 if the contractor, COVERED UTILITY, COVERED EMPLOYER,  or  subcontractor
 is a partnership or any of the five largest shareholders of the contrac-
 tor,  COVERED UTILITY, COVERED EMPLOYER, or subcontractor, as determined
 by the fiscal officer, of such underpayment of wages or supplements, and
 any officer of the contractor, COVERED  UTILITY,  COVERED  EMPLOYER,  or
 subcontractor  who knowingly participated in the violation of this arti-
 cle, and the failure to comply  with  recordkeeping  or  other  non-wage
 requirements.  Where the fiscal officer is the commissioner, the penalty
 shall be paid to the commissioner for deposit  in  the  state  treasury.
 Where  the fiscal officer is a city comptroller or other analogous offi-
 cer, the penalty shall be paid to said officer for deposit in  the  city
 treasury.
   c.  If  the  order directs the payment to specified employees of wages
 found to be due and unpaid, including interest at a rate not  less  than
 six  per  centum per year and not more than the rate of interest then in
 effect as prescribed by the superintendent of financial services  pursu-
 ant  to  section  fourteen-a  of the banking law per annum from the time
 such wages should have been paid, the financial officer of  such  public
 agency shall, upon the service to him of such order, pay to such employ-
 ees  from  the  trust money withheld the amounts specified in such order
 and shall pay the civil penalty as provided herein, provided  no  review
 proceeding  pursuant  to  the provisions of article seventy-eight of the
 civil practice law and rules is commenced within thirty days of the date
 said order was filed in the office of the fiscal officer. If such review
 is timely commenced, the money withheld shall remain  in  trust  pending
 final  disposition  of the review proceeding. In determining the rate of
 interest to be imposed the fiscal officer shall consider the size of the
 employer's business, the good faith of the employer, the gravity of  the
 violation, the history of previous violations of the employer, successor
 or  substantially-owned  affiliated  entity  or  any  successor  of  the
 contractor, COVERED UTILITY, COVERED  EMPLOYER,  or  subcontractor,  any
 officer of the contractor, COVERED UTILITY, COVERED EMPLOYER, or subcon-
 tractor who knowingly participated in the violation of this article, and
 any  of the partners if the contractor, COVERED UTILITY, COVERED EMPLOY-
 ER, or subcontractor is a partnership or any of the five largest  share-
 holders of the contractor, COVERED UTILITY, COVERED EMPLOYER, or subcon-
 tractor,  as determined by the fiscal officer, and the failure to comply
 with recordkeeping or other non-wage requirements.
   When a final determination has been made and such determination is  in
 favor of an employee, such employee may, in addition to any other remedy
 provided  by this article, institute an action in any court of appropri-
 ate jurisdiction  against  the  person  or  corporation  found  to  have
 violated  this article, any substantially-owned affiliated entity or any
 successor of the  contractor,  COVERED  UTILITY,  COVERED  EMPLOYER,  or
 subcontractor,  any  officer of the contractor, COVERED UTILITY, COVERED
 EMPLOYER, or subcontractor who knowingly participated in  the  violation
 of  this  article,  and  any  of the partners if the contractor, COVERED
 UTILITY, COVERED EMPLOYER, or subcontractor is a partnership or  any  of
 the  five  largest  shareholders  of  the  contractor,  COVERED UTILITY,

 S. 6265                             7
 
 COVERED EMPLOYER, or subcontractor, as determined by the fiscal officer,
 for the recovery of the difference between the  sum,  if  any,  actually
 paid  to  him  by the aforesaid financial officer pursuant to said order
 and  the  amount  found  to be due him as determined by said order. Such
 action must be commenced within three years from the date of the  filing
 of said order, or if the said order is reviewed in a proceeding pursuant
 to  article  seventy-eight  of  the civil practice law and rules, within
 three years after the termination of such review proceeding.
   8. a. When a final determination has been made in favor of a complain-
 ant and the contractor, COVERED UTILITY, COVERED  EMPLOYER,  or  subcon-
 tractor  found  violating  this  article  has  failed to make payment as
 required by the order of the fiscal officer, and provided that no  rele-
 vant  proceeding  for judicial review shall then be pending and the time
 for initiation of such proceeding shall have expired, the fiscal officer
 may file a copy of the order of the fiscal officer containing the amount
 found to be due with the county clerk of  the  county  of  residence  or
 place of business of any of the following:
   (i)  any substantially-owned affiliated entity or any successor of the
 contractor, COVERED UTILITY, COVERED EMPLOYER, or subcontractor;
   (ii) any of the partners if the contractor, COVERED  UTILITY,  COVERED
 EMPLOYER,  or  subcontractor is a partnership or any of the five largest
 shareholders of the contractor or subcontractor, as  determined  by  the
 fiscal officer; or
   (iii)  any officer of the contractor, COVERED UTILITY, COVERED EMPLOY-
 ER, or subcontractor who knowingly participated in the violation of this
 article; provided, however, that the fiscal officer  shall  within  five
 days of the filing of the order provide notice thereof to the partner or
 top  five  shareholder  or  successor  or substantially-owned affiliated
 entity. The notified party may contest the filing on the basis  that  it
 is  not  a  partner  or  five  largest  shareholders,  an officer of the
 contractor, COVERED UTILITY,  COVERED  EMPLOYER,  or  subcontractor  who
 knowingly  participated  in  the violation of this article, successor or
 substantially-owned affiliated entity. If, after reviewing the  informa-
 tion  provided  by  the  notified  party in support of such contest, the
 fiscal officer determines that the notified  party  is  not  within  the
 definitions described herein, the fiscal officer shall immediately with-
 draw his filing of the order.
   b.  The filing of such order shall have the full force and effect of a
 judgment duly docketed in the office of such clerk.  The  order  may  be
 enforced  by  and  in the name of the fiscal officer in the same manner,
 and with like effect, as that prescribed by the civil practice  law  and
 rules for the enforcement of a money judgment.
   9. When a final determination has been made against a subcontractor OR
 COVERED EMPLOYER in favor of a complainant and the contractor OR COVERED
 UTILITY  has  made  payment to the complainant of any wages and interest
 due the complainant and any civil penalty, and providing that  no  rele-
 vant  proceeding  for judicial review shall then be pending and the time
 for initiation of such proceeding shall have expired, the contractor  OR
 COVERED  UTILITY  may  file  a  copy  of the order of the fiscal officer
 containing the amount found to be due with the county clerk of the coun-
 ty of residence or place of business of  the  subcontractor  OR  COVERED
 EMPLOYER.  The filing of such order shall have the full force and effect
 of  a  judgment  duly docketed in the office of such clerk. The judgment
 may be docketed in favor of the contractor OR COVERED  UTILITY  who  may
 proceed  as  a  judgment  creditor  against the subcontractor OR COVERED

 S. 6265                             8
 
 EMPLOYER for the recovery of  all  monies  paid  by  the  contractor  OR
 COVERED UTILITY under such order.
   §  7. Section 237 of the labor law is amended by adding a new subdivi-
 sion 5 to read as follows:
   5. A COVERED UTILITY SHALL ANNUALLY PROVIDE THE FISCAL OFFICER A VERI-
 FIED STATEMENT THAT ALL BUILDING SERVICE EMPLOYEES AT ANY COVERED UTILI-
 TY LOCATION HAVE BEEN PAID THE PREVAILING WAGE. SUCH VERIFIED  STATEMENT
 SHALL  INCLUDE  A RECORD OF THE DAYS AND HOURS WORKED AND THE WAGES PAID
 TO  EACH  BUILDING  SERVICE  EMPLOYEE  EMPLOYED  AT  A  COVERED  UTILITY
 LOCATION.  WHERE  THE  WAGES  PAID  INCLUDE SUCH SUMS WHICH ARE NOT PAID
 DIRECTLY TO THE WORKMEN WEEKLY AND WHICH ARE EXPENDED  FOR  SUPPLEMENTS,
 THE  STATEMENT  SHALL INCLUDE A RECORD OF SUCH HOURLY PAYMENTS ON BEHALF
 OF SUCH EMPLOYEES, THE SUPPLEMENT FOR WHICH SUCH PAYMENT HAS BEEN  MADE,
 AND  THE  NAME  AND  ADDRESS  OF THE PERSON TO WHOM THE PAYMENT HAS BEEN
 MADE. SUCH STATEMENT SHALL BE VERIFIED BY THE OATH OF THE  CHIEF  EXECU-
 TIVE  OR  CHIEF FINANCIAL OFFICER OF THE COVERED UTILITY OR THE DESIGNEE
 OF ANY SUCH PERSON THAT HE OR SHE HAS READ SUCH STATEMENTS SUBSCRIBED BY
 HIM OR HER AND KNOWS THE CONTENTS THEREOF, AND THAT THE SAME IS TRUE  OF
 HIS  OR  HER  OWN  KNOWLEDGE,  EXCEPT  TO WAGES AND SUPPLEMENTS OWING BY
 CONTRACT WHICH MAY BE CERTIFIED UPON INFORMATION AND BELIEF. A VIOLATION
 OF ANY PROVISION OF THE STATEMENT, OR FAILURE TO PROVIDE SUCH STATEMENT,
 SHALL CONSTITUTE A VIOLATION OF THIS ARTICLE.  THE  FISCAL  OFFICER  MAY
 INSPECT  THE  RECORDS MAINTAINED PURSUANT TO SECTION TWO HUNDRED THIRTY-
 THREE OF THIS ARTICLE TO VERIFY THESE STATEMENTS.
   § 8. Section 238 of the labor law, as added by chapter 777 of the laws
 of 1971, is amended to read as follows:
   § 238. Penalties. 1. Any contractor, COVERED UTILITY or  subcontractor
 who  shall upon his oath verify any statement required to be filed under
 this article which is known by him to be false shall be guilty of perju-
 ry and punishable as provided by the penal law.
   2. When a contract for service work contains as part thereof a  sched-
 ule  of wages as provided for in this article, any contractor who, after
 entering into such contract, and any subcontractor  of  such  contractor
 who  fails  to  pay to any service employee the wages stipulated in such
 wage schedule OR ANY COVERED UTILITY OR COVERED EMPLOYER  WHO  FAILS  TO
 PAY  THE  PREVAILING WAGE is guilty of a misdemeanor and upon conviction
 shall be punished for a first offense by a fine of five hundred  dollars
 or  by  imprisonment  for  not more than thirty days or by both fine and
 imprisonment; for a second offense by a fine of  one  thousand  dollars,
 and  FOR  CONTRACTORS  in  addition  thereto  the  contract on which the
 violation has occurred shall be forfeited; and no such contractor  shall
 be entitled to receive any sum, nor shall any officer, agent or employee
 of  the  contracting  public  agency  pay  any such sum or authorize its
 payment from the funds under his charge or control  to  such  contractor
 for  work  done  upon  the  contract  on  which  the contractor has been
 convicted of a second  offense.  If  the  contractor,  COVERED  UTILITY,
 COVERED EMPLOYER, or subcontractor is a corporation, any officer of such
 corporation  who  knowingly permits the corporation to fail to make such
 payment shall also be guilty of a misdemeanor and the criminal and civil
 penalties herein shall attach to such officer upon conviction.
   § 9. The opening paragraph of section 239 of the labor law,  as  added
 by chapter 777 of the laws of 1971, is amended to read as follows:
   Provisions in contracts prohibiting discrimination on account of race,
 creed,  color,  national  origin, age or sex. Every contract for service
 work shall contain provisions by which  the  contractor  agrees  AND  IN
 WHICH ALL COVERED UTILITIES SHALL ENSURE:

 S. 6265                             9
 
   §  10.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.