Enacts the "charter schools construction fair wages act"; relates to hours, wages and supplements for work on public work projects including charter schools; and relates to contracts for charter school construction.
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 corporation, 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 universities. 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 contractors in New York.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3715 2013-2014 Regular Sessions IN 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 orEXPLANATION--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.