S3715-2013 Actions

• Feb 12, 2013: REFERRED TO LABOR

S3715-2013 Memo

BILL NUMBER:S3715

TITLE OF BILL:  An act to amend the labor law and the education law, in
relation to enacting the "charter schools construction fair wages act"

PURPOSE OR GENERAL IDEA OF BILL:  This would require that employees who
build or care for and maintain charter schools are paid prevailing wages
for their services.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 of the bill amend section 220(2) of the labor law to
extend prevailing wage requirements to public work projects by charter
schools. Prevailing wage requirements would also be extended to leases,
grants, bonds, covenants, debt agreements, and permits entered into for
public work.

Section 3 of the bill amends subdivision 3(a) of section 2853 of the
education law to require competitive bidding on charter school contracts
and to require payment of prevailing wages for construction and building
service work.

Section 4 of the bill establishes the effective date.

EXISTING LAW:  Article 8 of the labor law requires the payment of
prevailing wages for any public work contract entered into by the state,
a public benefit corporation, a municipal corporation, or commission
appointed by law, or by a third party acting in place of, on behalf of,
or for the benefit of such public entity under any lease, permit or
other agreement.

Article 9 of the labor law requires the payment of prevailing wages for
work in connection with the care and maintenance of a building under a
contract with a state or local public agency, a public benefit corpo-
ration, public authority or board of education.

Section 2853(3)(a) of the education law establishes requirements for
charter school facilities.

LEGISLATIVE HISTORY:  2012 - died in Labor Committee in both Houses.
2011 - died in Labor Committee in both Houses.  2010 - reported from
Labor Committee, died in Finance; died in Assembly Labor.

JUSTIFICATION:  Charter schools are publicly funded by the State and
serve the important public purpose of educating children. Charter
schools are now located throughout New York as a result of new
construction or improvements to existing buildings performed by workers.
Article 8 of the Labor Law and the State Constitution have long required
the payment of prevailing wages for public work construction projects by
state and local entities, including school districts and public univer-
sities. Unfortunately, workers who build charter schools lack the same

prevailing wage and hour protections as employees who build other public
work projects since Article B has not been amended to recognize this new
form of public work. Similarly, employees who perform building service
work at charter schools are denied the same prevailing wage protection
afforded to other building service workers under Article 9 of the labor
law. This legislation will ensure that these two groups of workers are
provided the same basic prevailing wage protection as other employees
who perform similar work. The construction contract would also be
subject to the same competitive bidding requirements as other public
work contracts in order to widen bidding opportunities for more contrac-
tors in New York.

EFFECTIVE DATE:  This act shall take effect immediately.

S3715-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3715
 2013-2014 Regular Sessions
 I N  SENATE
 February 12, 2013
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor
 

AN ACT to amend the labor law and the  education  law,  in  relation  to
 enacting the "charter schools construction fair wages act"
 

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

 

Section 1. Short title. This act shall be known and may  be  cited  as
 the "charter schools construction fair wages act".
 

S  2.  Subdivision  2  of  section 220 of the labor law, as amended by
 chapter 678 of the laws of 2007, is amended to read as follows:

 2. Each contract, LEASE, GRANT, BOND,  COVENANT,  DEBT  AGREEMENT,  OR
 PERMIT,  to which the state or a public benefit corporation or a munici
 pal corporation or a commission appointed pursuant to law OR  AN  EDUCA
 TION  CORPORATION  ORGANIZED TO OPERATE A CHARTER SCHOOL is a party, and
 any contract for public work entered into by a  third  party  acting  in
 place  of, on behalf of and for the benefit of such public entity pursu
 ant to any lease, permit or other agreement between such third party and
 the public entity, and which may involve  the  employment  of  laborers,
 workers or mechanics shall contain a stipulation that no laborer, worker
 or  mechanic  in  the  employ  of the contractor, subcontractor or other
 person doing or contracting to do the  whole  or  a  part  of  the  work
 contemplated by the contract shall be permitted or required to work more
 than  eight  hours in any one calendar day or more than five days in any
 one week except in cases  of  extraordinary  emergency  including  fire,
 flood or danger to life or property. No such person shall be so employed
 more  than eight hours in any day or more than five days in any one week
 except in such emergency. Extraordinary emergency within the meaning  of
 this  section  shall be deemed to include situations in which sufficient
 laborers, workers and mechanics cannot be employed to  carry  on  public
 work  expeditiously  as a result of such restrictions upon the number of
 hours and days of labor and the immediate commencement or prosecution or
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05053-01-3
 
       S. 3715                             2
 completion without undue delay of the public work is  necessary  in  the
 judgment  of  the commissioner for the preservation of the contract site
 and for the protection of the life and limb of  the  persons  using  the
 same.  Upon  the  application of any person interested, the commissioner
 shall make a determination as to whether or not on any public project or
 on all public projects in any area of this state,  sufficient  laborers,
 workers  and  mechanics of any or all classifications can be employed to
 carry on work expeditiously if their labor is restricted to eight  hours
 per  day  and five days per week, and in the event that the commissioner
 determines that there are not sufficient workers, laborers and mechanics
 of any or all classifications which may be employed  to  carry  on  such
 work  expeditiously  if their labor is restricted to eight hours per day
 and five days per week, and the immediate commencement or prosecution or
 completion without undue delay of the public work is  necessary  in  the
 judgment  of  the commissioner for the preservation of the contract site
 and for the protection of the life and limb of  the  persons  using  the
 same,  the commissioner shall grant a dispensation permitting all labor
 ers, workers and mechanics, or  any  classification  of  such  laborers,
 workers and mechanics, to work such additional hours or days per week on
 such  public  project or in such areas the commissioner shall determine.
 Whenever such a dispensation is granted, all work  in  excess  of  eight
 hours  per day and five days per week shall be considered overtime work,
 and the laborers, workers and mechanics performing such  work  shall  be
 paid  a  premium  wage commensurate with the premium wages prevailing in
 the area in which the work is performed. No such dispensation  shall  be
 effective  with  respect to any public work unless and until the depart
 ment of jurisdiction, as defined  in  this  section,  certifies  to  the
 commissioner  that such public work is of an important nature and that a
 delay in carrying it to completion would result in serious  disadvantage
 to  the  public.  Time  lost in any week because of inclement weather by
 employees engaged in the construction, reconstruction and maintenance of
 highways outside of the limits of cities and villages  may  be  made  up
 during that week and/or the succeeding three weeks.
 

S  3.  Paragraph (a) of subdivision 3 of section 2853 of the education
 law, as amended by chapter 101 of the laws of 2010, is amended  to  read
 as follows:

 (a)  A  charter  school  may  be located in part of an existing public
 school building, in space provided on a private work site, in  a  public
 building  or in any other suitable location. Provided, however, before a
 charter school may be located in  part  of  an  existing  public  school
 building,  the  charter  entity  shall  provide notice to the parents or
 guardians of the students then enrolled in the existing school  building
 and  shall hold a public hearing for purposes of discussing the location
 of the charter school.  ALL  CONTRACTS  ENTERED  INTO  BY  SUCH  CHARTER
 SCHOOL,  OR  ANY  EDUCATION  CORPORATION  ORGANIZED TO OPERATE A CHARTER
 SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC  BENE
 FIT  CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON
 BEHALF OF ANY OF THESE  ENTITIES,  INVOLVING  THE  CONSTRUCTION,  RECON
 STRUCTION,  DEMOLITION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION,
 OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL  BE  SUBJECT  TO  THE
 REQUIREMENTS  OF  SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW
 AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may  own,
 lease or rent its space.
 

S 4. This act shall take effect immediately.

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