Assembly Bill A373B

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2023-A373 - Details

See Senate Version of this Bill:
S5475
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8494, S8963

2023-A373 - 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.

2023-A373 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    373
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01720-01-3
              

co-Sponsors

2023-A373A - Details

See Senate Version of this Bill:
S5475
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8494, S8963

2023-A373A - 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.

2023-A373A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  373--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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 custom fabricated 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  or to evade the wage requirements imposed by the prevailing
 wage law.
   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  to
 the detriment of the workers at the site and the local economy where the
 public work is situated.
   The  legislature  further  finds and declares that, in effect, various
 custom fabricated materials on local public works construction  projects
 are being entirely outsourced to workers at a location or locations away
 from the project site or in foreign jurisdictions, thereby intentionally
 evading the payment of the prevailing wage and benefit package by elimi-
 nating  the  employment  of  workers  at  the site of the project to the
 detriment of those workers and the local economy.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01720-03-3
 A. 373--A                           2
              

co-Sponsors

2023-A373B (ACTIVE) - Details

See Senate Version of this Bill:
S5475
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A8494, S8963

2023-A373B (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.

2023-A373B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  373--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by  M.  of  A. BRONSON, TAYLOR, DARLING, ROZIC, CRUZ, GLICK,
   L. ROSENTHAL, SIMONE, LAVINE, BORES, GONZALEZ-ROJAS, SEAWRIGHT,  BENE-
   DETTO,  REYES,  WEPRIN,  BRABENEC, SILLITTI, RAGA, SLATER, BRAUNSTEIN,
   DINOWITZ, DURSO, ZEBROWSKI, ARDILA, STECK, RA, BURGOS, EPSTEIN, RAJKU-
   MAR, GIBBS, TAPIA, HYNDMAN, BERGER, LEE, BURDICK, JACOBSON,  K. BROWN,
   BENDETT,  REILLY,  McDONOUGH,  PHEFFER AMATO, MIKULIN -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Labor in accordance with Assem-
   bly Rule 3, sec. 2 -- reported and referred to the Committee  on  Ways
   and  Means -- reported and referred to the Committee on Rules -- Rules
   Committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted 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;  and  providing for the repeal of certain provisions
   upon expiration thereof
 
   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 custom fabricated 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 or to evade the wage requirements imposed by the  prevailing
 wage law.
   The  legislature further finds and declares that in many instances the
 prevailing wage is not paid to persons involved in off-site  fabrication

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01720-05-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.