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STATE OF NEW YORK
________________________________________________________________________

9375

IN ASSEMBLY

February 24, 2012
___________

Introduced  by  M.  of  A.  CAMARA, WRIGHT, V. LOPEZ, ABBATE, GOTTFRIED,
  DINOWITZ, ORTIZ, KAVANAGH, HEVESI, ROSENTHAL, PERRY, COLTON,  LANCMAN,
  JEFFRIES,  WEISENBERG,  P. RIVERA,  TITONE, BRONSON, ROBERTS, SCHIMEL,
  MARKEY, HOOPER, WEPRIN, M. MILLER, STEVENSON, MOYA,  CASTRO,  LINARES,
  MAISEL,  ABINANTI, GIBSON, RAMOS, RUSSELL, AUBRY, MAGNARELLI -- Multi-
  Sponsored by --  M.  of  A.  ARROYO,  BARRON,  BENEDETTO,  BRAUNSTEIN,
  BROOK-KRASNY, CLARK, COOK, CRESPO, DenDEKKER, ESPINAL, GLICK, GOLDFED-
  ER, HEASTIE, JACOBS, LAVINE, McENENY, MENG, O'DONNELL, PRETLOW, QUART,
  J. RIVERA,  N. RIVERA,  ROBINSON,  RODRIGUEZ,  SALADINO,  SCARBOROUGH,
  SIMANOWITZ, SIMOTAS, TITUS -- read once and referred to the  Committee
  on Labor

AN  ACT  to  amend  the  labor  law, in relation to prevailing wages for
  service workers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of article 9 of the labor law, as added
by chapter 777 of the laws of 1971, is amended to read as follows:
            PREVAILING WAGE FOR [BUILDING] SERVICE EMPLOYEES
  S  2.  Subdivisions  1,  2, 3, 4, 6, 8, 9 and 10 of 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 subdivi-
sion  10  as added by chapter 547 of the laws of 1998, are amended and a
new subdivision 15 is added to read as follows:
  1. "[Building service]  SERVICE  employee"  or  "employee"  means  any
person performing JANITORIAL, OR SECURITY SERVICE WORK FOR A CONTRACTOR,
UNDER  CONTRACT  WITH A PUBLIC AGENCY WHICH IS IN EXCESS OF TWO THOUSAND
DOLLARS AND THE PRINCIPAL  PURPOSE  OF  WHICH  IS  TO  FURNISH  SERVICES
THROUGH  THE  USE  OF  SERVICE EMPLOYEES, OR ANY OTHER PERSON PERFORMING
work in connection with the care or maintenance of an existing building,
or in connection with the transportation of office furniture  or  equip-
ment  to or from such building, or in connection with the transportation
and delivery of fossil fuel to such building, for a contractor  under  a
contract  with  a public agency which is in excess of [one] TWO thousand

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10637-02-1
A. 9375                             2

[five hundred] dollars and the principal purpose of which is to  furnish
services   through  the  use  of  [building]  service  employees.    THE
PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO 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 AS IN EFFECT ON JANUARY FIRST, TWO THOUSAND  ELEVEN.    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 REQUIRE-
MENTS.
  "[Building service] SERVICE employee" or "employee" includes,  but  is
not  limited,  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, techni-
cian and related occupations.
  "[Building service] SERVICE employee"  or  "employee"  also  does  not
include  any  employee  to  whom  the  provisions  of articles eight and
[eight-a] EIGHT-A of this chapter are applicable.
  2. "[Building service] 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] OR JANITORIAL OR SECURITY WORK PERFORMED ON
THE  PREMISES  OWNED  OR OPERATED BY THE POWER AUTHORITY OF THE STATE OF
NEW YORK UNLESS SUCH PREMISES ARE JOINTLY OWNED  OR  OPERATED  WITH  ANY
NON-GOVERNMENTAL  UTILITY OR SUBSTANTIALLY-OWNED OR AFFILIATED ENTITY OF
SUCH PUBLIC UTILITY AS DEFINED IN SUBDIVISION THREE OF THIS SECTION.
  3. "Public agency" means the state, any of its political subdivisions,
a public benefit corporation, a public  authority,  INCLUDING  A  PUBLIC
AUTHORITY  PROVIDING  PUBLIC  UTILITY SERVICES, or commission or special
purpose district board appointed pursuant  to  law,  [and]  a  board  of
education,  AND  ANY  PUBLIC  UTILITY 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 PUBLIC UTILITY.
  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.
  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.
  8.  "Fiscal  officer"  means the [industrial] commissioner, except for
[building] service work performed by or on behalf of a  city,  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
A. 9375                             3

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.
[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 PUBLIC UTILITY, contractor or subcontractor, any subsid-
iary of the PUBLIC UTILITY, contractor or subcontractor, or  any  entity
in  which  the parent of the PUBLIC UTILITY, contractor 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 PUBLIC UTILITY, contrac-
tor  or  subcontractor individually or collectively also owns a control-
ling share of the voting stock, or an entity which  exhibits  any  other
indicia  of control over the PUBLIC UTILITY, contractor or subcontractor
or over which the PUBLIC UTILITY, contractor 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  mainte-
nance or submission of certified payroll records, and influence over the
business decisions of the relevant entity.
  15. "PERSON" SHALL MEAN A HUMAN BEING AND SHALL INCLUDE AN "ENTITY" AS
DEFINED  IN  THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO A CONTRACTOR OR
SUBCONTRACTOR.
  S 3. Subdivision 4 of section 230 of the labor law, as added by  chap-
ter 777 of the laws of 1971, is amended to read as follows:
  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 his subcontractors.
  S 4. Subdivisions 1, 3, 4 and 5 of section 231 of the  labor  law,  as
added by chapter 777 of the laws of 1971 and subdivision 5 as amended by
chapter 678 of the laws of 2007, are amended 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 locality for the craft, trade or occupation of the service employee.
  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.
  4. The public agency, or appropriate officer or agent  thereof,  whose
responsibility  it  is to prepare or direct the preparation of the plans
and specifications for a contract for  [building]  service  work,  shall
ascertain  from  such  plans  and  specifications the classifications of
employees to be employed on such work and shall  file  a  list  of  such
classifications  with  the  fiscal officer, together with a statement of
the work to be performed. The fiscal officer shall determine the crafts,
trades and occupations required for such work and shall make a  determi-
nation  of  the  wages required to be paid in the locality for each such
craft, trade or occupation. A schedule of such wages shall be annexed to
and form a part of the specifications for the contract prior to the time
A. 9375                             4

of the advertisement for bids on such contract and shall constitute  the
schedule of wages referred to in subdivision three of this section.
  5.  Upon  the  award  of  a  contract for [building] service work by a
public agency other than a city, the  contracting  public  agency  shall
immediately furnish to the commissioner: (a) the name and address of the
contractor  to  whom  the  contract  was  awarded; (b) the date when the
contract was awarded; and (c) the approximate  consideration  stipulated
for in the contract.
  S  5. Subdivision 5 of section 231 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  5. Upon the award of a contract  for  [building]  service  work  by  a
public  agency  other  than  a city, the contracting public agency shall
immediately furnish to the [industrial] commissioner: (a) the  name  and
address of the contractor to whom the contract was awarded; (b) the date
when  the  contract  was  awarded; and (c) the approximate consideration
stipulated for in the contract.
  S 6. Paragraphs a and c of subdivision 2 and subdivision 7 of  section
235  of the labor law, paragraph a of subdivision 2 and subdivision 7 as
amended and paragraph c of subdivision 2 as added by chapter 547 of  the
laws  of  1998, are amended and subdivision 2 is amended by adding a new
paragraph g to read as follows:
  a. At the start of such investigation the fiscal  officer  may  notify
the  financial officer of the public agency interested who shall, at the
direction of the fiscal officer, forthwith withhold from any payment due
to the contractor executing the contract sufficient money  to  safeguard
the  rights of the service employees and to cover the civil penalty that
may be assessed as provided herein, or, if there are insufficient moneys
still due or earned to the contractor or subcontractor to safeguard  the
rights  of the service employees and to cover the civil penalty that may
be assessed as provided herein, the financial officer of  another  civil
division  which  has  entered  or  subsequently enters into a [building]
service work contract with the contractor or  subcontractor,  who  shall
withhold  from any payment due the contractor or subcontractor executing
any [building] service work, sufficient moneys to safeguard  the  rights
of  the  service  employees  and  to cover the civil penalty that may be
assessed as provided herein.
  c. The notice of withholding shall provide  that  the  fiscal  officer
intends  to  instruct  the  financial  officer,  not  less than ten days
following service of the notice by mail, to withhold  sufficient  moneys
to  safeguard the rights of the service employees and to cover the civil
penalty that may be assessed as provided herein, from  any  payment  due
the  notified  party  under any [building] service work contract pending
final determination. The notice of withholding shall provide that within
thirty days following the date of the notice of withholding the notified
party may, contest the withholding on the basis that the notified  party
is  not a partner or one of the five largest shareholders of the subcon-
tractor or contractor, an officer of the contractor or subcontractor who
knowingly participated in the violation of this article, a  substantial-
ly-owned  affiliated entity or successor. If the notified party fails to
contest the notice of withholding,  or  if  the  fiscal  officer,  after
reviewing  the  information  provided  by  the  notified  party  in such
contest, determines that the notified party is a partner or one  of  the
five  largest  shareholders, a substantially-owned affiliated entity, an
officer of the contractor or subcontractor who knowingly participated in
the violation of this article, or a successor, the  fiscal  officer  may
instruct the financial officer to immediately withhold sufficient moneys
A. 9375                             5

to  safeguard the rights of the service employees and to cover the civil
penalty that may be assessed as provided herein from any payment due the
notified party under any [building] service work  contract  pending  the
final determination.
  G. THE FISCAL OFFICER MAY REQUIRE ANY PERSON OR CORPORATION PERFORMING
SUCH  PUBLIC  WORK  TO  FILE  WITH THE FISCAL OFFICER WITHIN TEN DAYS OF
RECEIPT OF SAID REQUEST, PAYROLL RECORDS, SWORN TO AS TO THEIR  VALIDITY
AND  ACCURACY, REQUESTED BY THE FISCAL OFFICER, FOR SAID SERVICE WORK OR
FOR ANY PUBLIC OR PRIVATE WORK PERFORMED BY SAID PERSON  OR  CORPORATION
DURING  THE  SAME PERIOD OF TIME AS SAID SERVICE WORK. IN THE EVENT SAID
PERSON OR CORPORATION FAILS TO PROVIDE THE REQUESTED INFORMATION  WITHIN
THE  ALLOTTED  TEN  DAYS,  THE  FISCAL OFFICER MAY, WITHIN FIFTEEN DAYS,
ORDER THE FINANCIAL OFFICER OF THE PUBLIC AGENCY TO IMMEDIATELY WITHHOLD
FROM PAYMENT TO SAID PERSON OR CORPORATION UP TO TWENTY-FIVE PERCENT  OF
THE  AMOUNT,  NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS, TO BE PAID TO
SAID PERSON OR CORPORATION UNDER THE TERMS OF THE CONTRACT  PURSUANT  TO
WHICH  SAID  SERVICE WORK IS BEING PERFORMED. SAID AMOUNT WITHHELD SHALL
BE IMMEDIATELY RELEASED UPON RECEIPT BY THE PUBLIC AGENCY  OF  A  NOTICE
FROM THE FISCAL OFFICER INDICATING THAT THE REQUEST FOR RECORDS HAD BEEN
SATISFIED.
  7.  When, pursuant to the provisions of this section, two final orders
have been entered against a contractor, subcontractor, successor, or any
substantially-owned affiliated entity of the contractor  or  subcontrac-
tor,  any  of the partners if the contractor or subcontractor is a part-
nership, any of the five  largest  shareholders  of  the  contractor  or
subcontractor,  any officer of the contractor or subcontractor who know-
ingly participated in the violation of this article within  any  consec-
utive  six-year period determining that such contractor or subcontractor
and/or its  successor,  substantially-owned  affiliated  entity  of  the
contractor  or  subcontractor,  any  of  the partners or any of the five
largest shareholders of the contractor or subcontractor, any officer  of
the  contractor  or  subcontractor  who  knowingly  participated  in the
violation of this article has willfully failed  to  pay  the  prevailing
wages  in  accordance  with the provisions of this article, whether such
failures were concurrent or consecutive and whether or  not  such  final
determinations   concerning  separate  public  [building]  service  WORK
contracts are rendered simultaneously, such  contractor,  subcontractor,
successor,  and  if  the  contractor,  subcontractor,  successor, or any
substantially-owned affiliated entity of the contractor  or  subcontrac-
tor,  any  of the partners if the contractor or subcontractor is a part-
nership, or any of the five largest shareholders of  the  contractor  or
subcontractor,  any officer of the contractor or subcontractor who know-
ingly participated in the violation of this article, or any successor is
a corporation, any officer of such  corporation  who  knowingly  partic-
ipated  in  such  failure,  shall be ineligible to submit a bid on or be
awarded any public [building] service work for a period  of  five  years
from  the  date  of  the second order, provided, however, that where any
such final order involves the falsification of payroll  records  or  the
kickback  of  wages,  the contractor, subcontractor, successor, substan-
tially-owned affiliated entity of the contractor or  subcontractor,  any
partner  if  the  contractor or subcontractor is a partnership or any of
the five largest shareholders of the contractor  or  subcontractor,  any
officer of the contractor or subcontractor who knowingly participated in
the  violation of this article shall be ineligible to submit a bid on or
be awarded any public [building] service WORK  contract  or  subcontract
with the state, any municipal corporation or public body for a period of
A. 9375                             6

five  years  from  the  date  of  the first final order. Nothing in this
subdivision shall be construed as affecting any provision of  any  other
law or regulation relating to the awarding of public contracts.
  S  7.  Subdivision  2  of  section 237 of the labor law, as amended by
chapter 698 of the laws of 1988, is amended to read as follows:
  2. A. Before payment is made by or on behalf of a public agency of any
sums due on account of a contract for service work, it shall be the duty
of the comptroller of the state or the financial officer of such  public
agency or other officer or person charged with the custody and disburse-
ment  of  the  state or corporate funds applicable to the contract under
and pursuant to which payment is made, to require the contractor to file
a statement in writing in form satisfactory to such  officer  certifying
to  the  amounts  then  due  and  owing from such contractor filing such
statement to or on behalf of any and all service employees for daily  or
weekly  wages  on  account  of  labor  performed upon the work under the
contract, setting forth therein the names of the persons whose wages are
unpaid and the amount due to or on behalf of  each  respectively,  which
statement so to be filed shall be verified by the oath of the contractor
that  he  or  she  has  read such statement subscribed by him or her and
knows the contents thereof, and that the same is true of his or her  own
knowledge.    THE  CONTRACTOR  SHALL FILE THESE PAYROLL RECORDS VERIFIED
UNDER OATH WITHIN NINETY DAYS AFTER ANY LABOR IS PERFORMED UPON THE WORK
UNDER CONTRACT, OR SUCH OTHER TIME AS THE FISCAL OFFICER MAY  AUTHORIZE.
ANY  PERSON  WHO  WILLFULLY  FAILS TO FILE SUCH PAYROLL RECORDS WITH THE
PUBLIC AGENCY SHALL BE GUILTY OF A CLASS E FELONY.
  B. EACH  PUBLIC  AGENCY  SHALL  DESIGNATE  IN  WRITING  AN  INDIVIDUAL
EMPLOYED  BY SUCH DEPARTMENT RESPONSIBLE FOR THE RECEIPT, COLLECTION AND
REVIEW FOR FACIAL VALIDITY OF A CONTRACTOR'S  CERTIFIED  PAYROLL  STATE-
MENT,  AS  SET  FORTH  IN THIS SUBDIVISION, BEFORE PAYMENT IS MADE. SAID
DESIGNATION SHALL BE FILED WITH THE  FISCAL  OFFICER  AND  POSTED  IN  A
CONSPICUOUS  LOCATION  AT  THE  WORK  SITE. IF THE DESIGNATED INDIVIDUAL
CANNOT PERFORM THE RECEIPT, COLLECTION AND REVIEW OF CERTIFIED  PAYROLLS
DUTIES  AS INDICATED ABOVE, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO
REASSIGNMENT, PROMOTION OR SEPARATION FROM EMPLOYMENT, THE PUBLIC AGENCY
MUST IMMEDIATELY DESIGNATE ANOTHER INDIVIDUAL EMPLOYED BY SUCH AGENCY TO
FULFILL SUCH RESPONSIBILITIES. IN THE EVENT THAT A PUBLIC  AGENCY  FAILS
TO NAME AN INDIVIDUAL RESPONSIBLE FOR THE RECEIPT, COLLECTION AND REVIEW
FOR  FACIAL  VALIDITY OF CONTRACTORS' CERTIFIED PAYROLLS, THEN THE INDI-
VIDUAL SO RESPONSIBLE SHALL BE THE INDIVIDUAL WHO IS  THE  CHIEF  POLICY
MAKING OFFICER OF SUCH PUBLIC AGENCY.
  S  8. Subdivision 2 of section 238 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended to read as follows:
  2. When a contract for service work contains as part thereof a  sched-
ule  of  wages  as provided for in this article, any [contractor] PERSON
who, after entering into such contract[, and any subcontractor  of  such
contractor who] WILLFULLY fails to pay to any service employee the wages
stipulated  in  such  wage schedule [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  thou-
sand  dollars,  and  in]  SHALL BE GUILTY OF A MISDEMEANOR FOR THE FIRST
OFFENSE AND UPON CONVICTION THEREFOR SHALL BE FINED  TWO  THOUSAND  FIVE
HUNDRED DOLLARS OR TWICE THE AMOUNT OF UNDERPAYMENT, WHICHEVER IS GREAT-
ER OR IMPRISONED FOR NOT MORE THAN ONE YEAR, OR BOTH. IF A PERSON STANDS
CONVICTED  OF  A  VIOLATION  OF THIS SECTION AND WITHIN THE PREVIOUS SIX
YEARS HAS BEEN CONVICTED ONE OR  MORE  TIMES  OF  A  VIOLATION  OF  THIS
A. 9375                             7

SECTION  IN SEPARATE TRANSACTIONS, THEN SUCH PERSON SHALL BE GUILTY OF A
CLASS E FELONY UPON CONVICTION FOR SUCH SUBSEQUENT OFFENSE, AND SHALL BE
FINED FIVE THOUSAND DOLLARS OR TRIPLE THE AMOUNT OF UNDERPAYMENT, WHICH-
EVER  IS  GREATER  OR  IMPRISONED  AS AUTHORIZED BY SECTION 70.00 OF THE
PENAL LAW OR PUNISHED BY BOTH SUCH FINE AND IMPRISONMENT, FOR EACH  SUCH
OFFENSE.  IN addition [thereto] TO ANY OTHER FINE OR PENALTY THAT MAY BE
IMPOSED FOR SUCH FELONY OFFENSE, 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 OR HER 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 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] THE
OFFENSE DEFINED IN THIS SUBDIVISION and the criminal and civil penalties
[herein]  OF  THIS  SUBDIVISION  shall  attach  to  such  officer   upon
conviction.
  S 9. Severability. If any clause, sentence, paragraph, section or part
of  this  act  be  adjudged by any court of competent jurisdiction to be
invalid and after exhaustion of all further judicial review,  the  judg-
ment  shall  not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause,  sentence,  paragraph,
section  or  part  of  this  act directly involved in the controversy in
which the judgment shall have been rendered.
  S 10. This act shall take effect on the ninetieth day after  it  shall
have  become  a law and shall apply to all contracts or other agreements
entered into, renewed or extended  on  or  after  such  date;  provided,
however, that:
  (a)  the  amendments  to subdivision 4 of section 230 of the labor law
made by section two of this act shall be subject to the  expiration  and
reversion  of  such  subdivision pursuant to section 5 of chapter 678 of
the laws of 2007, as amended, when upon  such  date  the  provisions  of
section three of this act shall take effect; and
  (b)  the  amendments  to subdivision 5 of section 231 of the labor law
made by section four of this act shall be subject to the expiration  and
reversion  of  such  subdivision pursuant to section 5 of chapter 678 of
the laws of 2007, as amended, when upon  such  date  the  provisions  of
section five of this act shall take effect.