Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay minimum wage.
- Feb 4, 2013: REFERRED TO LABOR
BILL NUMBER:S3463 TITLE OF BILL: An act to amend the labor law, in relation to eliminat- ing 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 lieht 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.2379 of 2011-12; S 3057 of 2009-10; S.7207 of 2008. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: Immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 3463 2013-2014 Regular Sessions I N SENATE February 4, 2013 ___________ Introduced by Sen. SEWARD -- 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] 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. LBD08128-01-3