NY State Senate Bill 2019-S6333

Senate Bill S6333

2019-2020 Legislative Session

Relates to including off-site custom fabrication as public work for the purposes of prevailing wage payment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Jun 05, 2019	referred to rules

2019-S6333 (ACTIVE) - Details

See Assembly Version of this Bill:: A8177
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L
Versions Introduced in 2017-2018 Legislative Session:: S6576, A8071

2019-S6333 (ACTIVE) - Summary

Relates to including off-site custom fabrication as public work for the purposes of prevailing wage payment.

2019-S6333 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6333

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the labor law, in relation to inclu-
sion of certain off-site custom fabrication as public work for the
purposes of payment of prevailing wage

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that construction and fabrication done off the public work
site for specific use only in a public work project be compensated at
the prevailing wage rate

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends section 220 of the labor law to provide that the
prevailing wage law shall apply to 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 specif-
ically designed and engineered for installation in the construction,

repair or renovation of a building which is the subject of a contract
which the state, a municipal corporation, a public benefit corporation
or a commission appointed pursuant to law is a party, and to any third
party acting on behalf of a public entity.

 
JUSTIFICATION:

The courts have ruled that prevailing wages for public work should be
based on what governmental entity is requiring and contracting for said
work. By adding custom fabrication to the prevailing wage law, we are
extending the protections of section 220 to skilled workers off the job
site, ensuring that their wages are fair and equitable. It has become
clear over the last several years that some unscrupulous contractors are
circumventing the spirit and intent of prevailing wage law.

Since prevailing wage also creates fair bidding mechanisms for union and
nonunion workers, there should be an increase in the number of talented,
skilled workers willing to ply their trade for public contracts in
custom fabrication.

 
PRIOR LEGISLATIVE HISTORY:

56576 of 2017/18 sessions

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
On 60th day after it becomes law and shall only apply to contracts after
the effective date.

2019-S6333 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6333
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 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.

                                                            LBD05997-01-9

 S. 6333                             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.

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