S2379-2011 Actions

• Jan 4, 2012: REFERRED TO LABOR
• Jan 19, 2011: REFERRED TO LABOR

S2379-2011 Memo

BILL NUMBER:S2379

TITLE OF BILL:
An act
to amend the labor law, in relation to eliminating the delivery of
fossil fuel from those building services for which municipalities are
required to pay prevailing wage

 PURPOSE:
This bill would eliminate the delivery of
fossil fuel from
those building services for which municipalities are required to pay
prevailing wage.

SUMMARY OF PROVISIONS:
Amends section 230(1) of the labor law to
remove the transportation and delivery of fossil fuel from the
definition of "building service employee."

JUSTIFICATION:
With the ever increasing cost of fossil fuels placing a
greater burden on local taxpayers, the state should be doing
everything we can to ensure that our villages, towns and counties are
able to purchase gasoline, diesel fuel and heating oil at the most
reasonable cost available.

This bill seeks to accomplish that by placing the delivery of fossil
fuel in the same category as other utility related services including
contracts for the delivery of electric light and power, water, steam
and gas which are not subject to the provisions of prevailing wage.
In this day and age, it only makes sense and will greatly assist
municipalities all across New York State with contracting for the
purchase and delivery of fossil fuels without overburdening the
property taxpayer.

LEGISLATIVE HISTORY:
S.3057 of 2009-10; S.7207 of 2008

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2379-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2379
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced  by  Sens.  SEWARD, LARKIN, O'MARA, RANZENHOFER -- 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 eliminating  the  delivery
 of  fossil  fuel from those building services for which municipalities
 are required to pay prevailing wage
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision 1 of section 230 of the labor law, as amended
 by chapter 542 of the laws of 1984, is amended to read as follows:

 1. "Building service employee" or "employee" means any person perform
 ing work in connection with the  care  or  maintenance  of  an  existing
 building,  or  in connection with the transportation of office furniture
 or equipment to or from such building, [or in connection with the trans-
 portation and delivery of fossil fuel to such building,] for a  contrac
 tor  under  a  contract  with  a public agency which is in excess of one
 thousand five hundred dollars and the principal purpose of which  is  to
 furnish services through the use of building service employees.
 "Building  service employee" or "employee" includes, but is not limit
 ed, 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, technician and related
 occupations.
 "Building service employee" or "employee" also does  not  include  any
 employee  to  whom  the provisions of articles eight and eight-a of this
 chapter are applicable.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05764-01-1

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