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.

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S74-2013 Actions

• Feb 1, 2013: COMMITTEE DISCHARGED AND COMMITTED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
• Jan 9, 2013: REFERRED TO LABOR

S74-2013 Memo

BILL NUMBER:S74

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:
2011-12: S.724
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.

S74-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     74

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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.
                                                             LBD01076-01-3