Senate Bill S5475B

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

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Sponsored By

Current 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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co-Sponsors

2023-S5475 - Details

See Assembly Version of this Bill:
A373
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S8963, A8494

2023-S5475 - 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-S5475 - Sponsor Memo

2023-S5475 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5475
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, HINCHEY -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01720-01-3
              

co-Sponsors

2023-S5475A - Details

See Assembly Version of this Bill:
A373
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S8963, A8494

2023-S5475A - 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-S5475A - Sponsor Memo

2023-S5475A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5475--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, HINCHEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
                                                            LBD01720-02-3
              

co-Sponsors

2023-S5475B (ACTIVE) - Details

See Assembly Version of this Bill:
A373
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S8963, A8494

2023-S5475B (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-S5475B (ACTIVE) - Sponsor Memo

2023-S5475B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5475--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens. JACKSON, ADDABBO, CHU, COMRIE, FERNANDEZ, HINCHEY,
   HOYLMAN-SIGAL, KAVANAGH, KRUEGER,  MATTERA,  MAYER,  PALUMBO,  PARKER,
   RAMOS,  SKOUFIS, STAVISKY, WEIK -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said committee -- recommitted to the Committee on Labor in accord-
   ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
   committee  and  committed  to  the  Committee  on Finance -- 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; 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
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01720-04-4
              

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