Requires the payment of prevailing wages on construction projects involving the state university of New York, the dormitory authority or the state university construction fund and any third party.
TITLE OF BILL: An act to amend the labor law, in relation to requiring prevailing wages to be paid on certain state university of New York projects
PURPOSE: Requires the payment of prevailing wages on all SUNY building projects.
SUMMARY OF PROVISIONS: The bill adds a new section 220-i to the Labor Law to require the payment of prevailing wages on all projects entered into between the dormitory authority, the state university of New York or the state university construction fund and any third party, for the design, construction, repair, improvement and related work on buildings or facilities at a site owned or leased owned by the State University of New York. Further, all parties must specifically agree to the enforcement of prevailing wages for such projects by the Department of Labor.
EXISTING LAW: Section 220(2) of the labor law requires that third parties which contract for public work in place of, on behalf or for the benefit of certain public entities pay prevailing wages for the public work.
JUSTIFICATION: This legislation would clarify that payment of prevailing wages is required whenever public work projects are undertaken at a site owned or leased by the State University of New York. Agreements entered into on behalf of SUNY or the SUNY Construction Fund with third parties do not consistently result in the payment of prevailing wages. Various types of agreements to build on land owned or leased by SUNY have led to varying interpretations by parties of the obligation to pay prevailing wages. Private organizations regarded by enforcement as "alter egos" of SUNY have failed to pay prevailing wages on contracts entered into for the benefit of SUNY. Employees who work on these projects do so with the expectation they will be paid prevailing wages and supplements for public work as required by the state labor law.
LEGISLATIVE HISTORY: 2010: S.2814 Reported to Finance; A.612 Reported to Labor 2009: S.2814 Reported to Finance; A.612 Referred to Labor 2007-08: A.2456 Referred to Labor 2005-06: S.3381 Passed Senate (57-0); A.10642 Referred to Labor 2004: S.6476 Passed Senate (62-0)
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 724 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. PERALTA -- 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 requiring prevailing wages to be paid on certain state university of New York projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 220-i to read as follows: S 220-I. PAYMENT OF PREVAILING WAGES REQUIRED ON CERTAIN STATE UNIVER- SITY OF NEW YORK PROJECTS. NOTWITHSTANDING ANY AGREEMENT TO THE CONTRA- RY, ALL AGREEMENTS, LEASES, GRANTS, BONDS, COVENANT DEBT AGREEMENTS OR PERMITS ENTERED INTO BY AND BETWEEN THE DORMITORY AUTHORITY, THE STATE UNIVERSITY OF NEW YORK OR THE STATE UNIVERSITY CONSTRUCTION FUND AND ANY THIRD PARTY FOR THE DEMOLITION, EXCAVATION, DESIGN, CONSTRUCTION, RECON- STRUCTION, REPAIR, REHABILITATION, ALTERATION OR IMPROVEMENT OF BUILD- INGS OR FACILITIES AT A SITE OWNED OR LEASED BY THE STATE UNIVERSITY OF NEW YORK SHALL REQUIRE THE PAYMENT OF ALL APPLICABLE PREVAILING WAGES PURSUANT TO SECTION TWO HUNDRED TWENTY OF THIS ARTICLE AND ALL PARTIES TO SUCH AGREEMENTS SHALL SPECIFICALLY AGREE TO THE ENFORCEMENT OF PREVAILING WAGES FOR SUCH PROJECTS BY THE DEPARTMENT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02810-01-1