Enacts the "Omnibus Prevailing Wage Enforcement Act"

Summary of specific provisions

Section one of the bill contains its title, "Omnibus Prevailing Wage Enforcement Act."

Part A creates the office of the Prevailing Wage Fraud Inspector General for increased vigilance in the effort to achieve prevailing wage enforcement.

Part B (Article 3) of the bill amends section two of chapter 511 of the laws of 1995 to remove the cap on accumulations of money in the Public Work Enforcement Fund and to establish a maintenance of effort in enforcement activity.

Part C (Articles 4 & 5) calls for verification of the intent to pay prevailing wage where there is a 10%; difference between the lowest and next lowest bid for the construction of public work projects.

Part D (Article 6) of the bill calls for a daily head count of workers at prevailing wage projects.

Part E (Articles 7 & 8) would allow public authorities to require that successful bidders for public work jobs participate in a state sponsored apprenticeship program.

Part F would prohibit contractors who had been convicted of a felony with respect to a public work project with the state, a municipal corpo- ration, public benefit corporation or public body from participation in public works contracts for five years.

Part G (Articles 9, 10, 11, 12, 13, & 14) would enable the public to view wage information submitted by contractors participating in public works projects.

Part H (Article 15) of the bill would require a summary transcript, containing classification and payroll information, to be submitted upon completion of a public works project.

Part I (Article 16) would require that the Department of Jurisdiction notify the Department of Labor of projects costing over $1M so that the

Department could make appropriate arrangements for audits of the project's compliance with the prevailing wage law. The last sections of the bill contain a severability clause and the effective date informa- tion.

Justification

Given the many complaints received, over many years, by the Labor Committee and members of the legislature concerning problems with prevailing wage enforcement, a comprehensive approach to enforcement of the prevailing wage is needed. This bill is comprised of three new legislative proposals and six bills vetoed by the Executive which concern enforcement of the prevailing wage law. The three new proposals are for the creation of an office of the Prevailing Wage Fraud Inspector General, removing the limit on collections from the sub-assessment for Prevailing Wage Enforcement Fund and for mandatory audits of projects over $1M. The establishment of a Prevailing Wage Fraud Inspector General would result in increased scrutiny of the process and greater compliance with the law. Removing the cap on collections through the existing sub- allocation on prevailing wage projects would generate much needed reven- ue for enforcement. Mandatory audits to be determined on a schedule worked out by the Department of Labor and contracting entity would ensure that audits are done on other than a complaint driven basis.

Prior legislative history

2009-10: S.5254/A.2129 (John) - Referred to Labor A.2853 of 2007-08: Referred to Labor S.2252 of 2005-06: Referred to Labor S.4486 of 2003-04: Referred to Labor S.5504 of 2001-02: Referred to Labor A.7981/S.8111: Veto 53 of the Laws of 2000 (Part C) A.11275/S.6935: Veto 50 of the Laws of 2000 (Part D) A.11358/8.8192: Veto 72 of the Laws of 2000 (Part E) A.7979/S.1370-A: Veto 19 of the Laws of 1999 (Part F) A.6923-A/S.4468: Veto 21 of the Laws of 1999 (Part G) A.5153-A/8.5735-A: Veto 19 of the Laws of 1999 (Part H) Part A, B and I are new proposals.

Fiscal implications

Would result in increased enforcement and penalty collection and additional revenue due to the proper payment of wages.

Effective date

Immediately, with provisions.