NY State Senate Bill 2021-S8963

Senate Bill S8963

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance 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
May 10, 2022	reported and committed to finance
May 02, 2022	referred to labor

Votes

- May 10, 2022 - Labor Committee Vote
  S8963
  
  10
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 10, 2022
      
      aye (10)
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Mayer
      
      Persaud
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Savino
      
      Skoufis
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      Rath III

co-Sponsors

2021-S8963 (ACTIVE) - Details

See Assembly Version of this Bill:: A8494
Current Committee:: Senate Finance
Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S5475, A373

2021-S8963 (ACTIVE) - Summary

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

2021-S8963 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8963

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

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 PROVISIONS:

Section 1 states the legislative findings and intent.

Section 2 adds a new paragraph (f) to subdivision 3 of Section 220 of
the Labor Law to provide that the prevailing wage law shall apply to the
fabrication of exterior or interior wall panel systems, the fabrication

of woodwork, cases, cabinets or counters and the fabrication of plumb-
ing, heating, cooling, ventilation or exhaust duct systems, and mechan-
ical 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.

Section 3 is the effective date.

 
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.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
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.

2021-S8963 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8963
 
                             I N  S E N A T E
 
                                May 2, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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.
   § 2. Subdivision 3 of section 220 of  the  labor  law  is  amended  by
 adding a new paragraph (f) to read as follows:
   (F) FOR THE PURPOSES OF THIS SUBDIVISION CONTRACTORS OR SUBCONTRACTORS
 ENGAGED  IN CUSTOM FABRICATION SHALL NOT BE REGARDED AS MATERIAL SUPPLI-
 ERS. 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
 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 SHALL
 MAINTAIN CERTIFIED PAYROLLS AND PROVIDE  SUCH  PAYROLLS,  WITH  ORIGINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13465-03-2
 S. 8963                             2
 
 CERTIFICATIONS,  TO  THE  CONTRACTING  AGENCY AT LEAST ONCE EVERY THIRTY
 DAYS.  FOR THE PURPOSES OF THIS  SUBDIVISION  THE  TERM  "CUSTOM  FABRI-
 CATION" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FABRICATION OF EXTERI-
 OR  OR  INTERIOR WALL PANEL SYSTEMS, THE FABRICATION OF WOODWORK, CASES,
 CABINETS OR COUNTERS AND THE FABRICATION OF ELECTRICAL, PLUMBING,  HEAT-
 ING,  COOLING, VENTILATION OR EXHAUST DUCT SYSTEMS, AND MECHANICAL INSU-
 LATION 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.
   § 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.

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Senate Bill S8963

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Sponsored By

Robert Jackson