Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay minimum wage.

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S3463-2013 Actions

• Feb 4, 2013: REFERRED TO LABOR

S3463-2013 Memo

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.

S3463-2013 Text

                      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