Honorable Sheldon Silver
Speaker of the Assembly
Legislative Office Building, Room 932
Albany, NY 12248

Dear Speaker Silver:

Enclosed is the Annual Report of the Assembly Labor Committee. I am both proud and pleased to serve as the Chair of this important committee and am grateful for the confidence, support and leadership you have given me in this role.

Organized labor is at a crossroads in this country. The national labor movement has become fractured this year, with sizeable numbers of members defecting from the AFL-CIO. Well intentioned and thoughtful labor leaders disagree on the predominate strategy the labor movement should employ to assure the security of working women and men. There are nearly daily reports from the media of worker givebacks to employers, of diminished pension benefits, of reduced/eliminated health insurance available from employers, and of stagnant overall employment of our labor pool despite an alleged national recovery. These national trends against working men and women are especially more acutely felt in areas where the economy has not been robust, such as in upstate New York.

It is disturbingly clear that the federal government has disengaged from finding solutions to the crises confronting working men and women. The federal government alters their bankruptcy law to prevent working and middle income petitioners from discharging their debts, but allows corporate petitioners to repudiate decades old pension promises and collectively bargained health benefits while in bankruptcy status. It develops a prescription payment plan for the elderly that primarily benefits pharmaceutical companies. It emasculates OSHA enforcement and protections so that work places are much more dangerous, and reins in NLRB activity so that unfair labor practices by employers go unpunished. The threat to the living standards of working women and men posed by a globalizing economy is not only unacknowledged by our federal government, but encouraged by its policies. Even when responding to the natural disaster in the Gulf region, one of the first acts of our federal government was to suspend federal wage protections covering workers on government financed construction projects.

Given the vacuum of leadership at the national level, there is clearly a role for interdiction at the state level to protect working men and women from unscrupulous employers who ruthlessly exploit and manipulate the domestic labor market by threatening to move employment opportunities oversees. I look forward to working under your direction to assist the Assembly Labor Committee to become a catalyst for a successful intervention by New York State on behalf of these forgotten and endangered workers.

Sincerely, Susan V. John

NEW YORK STATE ASSEMBLY
HON. SHELDON SILVER, SPEAKER
HON. SUSAN JOHN, CHAIR
STANDING COMMITTEE ON LABOR
2005 ANNUAL REPORT

COMMITTEE MEMBERS

1. Introduction

   1. Chair Bio

   2. Committee Jurisdiction and Workload

   3. New Subcommittee on Emerging Workforce Created

   4. 2005-2006 State Budget

2. Public hearings held by the Labor Committee (2005)

3. Significant Legislation by Section of Law

4. Other Significant Legislation

5. Significant Legislation that passed both Houses

6. Significant Legislation that passed the Assembly Only

7. Significant Legislation Reported from Labor Committee

8. Summary of Bills Reported by Labor Committee

9. Summary of Bills Delivered to the Governor by Labor Committee

10. 2005 Labor Committee Summary Sheet

Susan V. John has represented the 131st Assembly District, incorporating parts of the City of Rochester and the towns and villages of Chili, Churchville, Mumford, Riga, Rush, Scottsville, and Wheatland since 1991. She has served as the Chair of the Assembly’s Standing Committee on Labor since 2003.

As Chair of the Labor Committee, she has sponsored labor legislation to reinforce her dedication to the rights of hardworking men and women of New York State and to help make New York more affordable for working families. She has been committed to protecting jobs in New York State, providing fair labor practices for farmworkers, and reinforcing the right for workers to organize and join unions. Assemblymember John has sponsored important legislation including, "The Empire State Wage Act" which increased the minimum wage, the "Pay Equity Act," requiring equal compensation for equal work regardless of gender or age, and the Workplace Violence Prevention Program that ensures that workers are protected everyday at their workplace.

B. Labor Committee Jurisdiction and Workload

The jurisdiction of the Labor Committee encompasses four significant areas of the Consolidated Laws of New York State: the Labor Law, the Workers’ Compensation Law, the Volunteer Firefighters’ Benefit Law, and the Volunteer Ambulance Workers’ Benefit Law.

Included within these parameters are issues such as; ensuring payment of wages, regulating the employment of minors, overseeing the workers’ compensation process, ensuring enforcement of prevailing wage laws, promoting apprenticeship training, improving farmworkers’ protection, enhancing occupational health and safety, overseeing the unemployment insurance program and assessing quality control over public works.

The Assembly’s Labor Committee considered 341 bills in 2005, of which ninety-one were reported in ten committee meetings. Fifty-one bills passed the Assembly. Twenty-two bills passed both houses. Ten of these bills became law. Fourteen were vetoed by the Governor.

C. Creation of Subcommittee on Emerging Workforce

On June 2, 2005 State Assembly Speaker Sheldon Silver announced the appointment of Carl Heastie as the Chair of the Labor Subcommittee on Emerging Workforce. This Subcommittee deals with young and immigrant communities, to bring about their successful integration into the workforce. One of the issues that are of primary concern to the Subcommittee is skills development for these younger workers. Thomas Alfano has been appointed as the Ranking member on this Sub Committee and Jose Peralta will join Assembly Members Heastie and Alfano as they work to meet the needs of under represented employees.

D. 2005-2006 State Budget

The state budget funds a number of valuable programs which directly impact the hard working men and women of New York State. Funding is devoted to worker education programs, jobs for youth, occupational safety and health programs and other worthwhile endeavors. This year the Assembly restored funding for many programs that were slashed in Governor Pataki’s budget such as the Displaced Homemaker Program, Jobs for Youth Program and the New York State Hazard Abatement Board. The Assembly also held public hearings to provide oversight to the New York State Department of Labor.

Expansion of funding for worker education is vital to assist working New Yorkers to develop the skills necessary to advance themselves and better provide for their families. This year funding for the Displaced Homemaker Program was restored which prevented the closure of this important program for women re-entering the workforce. The Governor’s block grant proposal included the elimination of funding for summer jobs for youth. The effect of the block grant approach for this program essentially left the decision for continuity to local level officials. The Assembly acted in a timely manner to restore the funds in time for this program to save the summer jobs for youth program statewide.

Governor Pataki’s budget proposed eliminating the Hazard Abatement Board and the Occupational Safety and Health Training Program which it administers under State Department of Labor. This nationally acclaimed program is essential to provide workers with training on how to recognize workplace hazards and to develop strategies that make their workplace safer and healthier. The program was developed on the principle that it is better to prevent workplace injuries and occupational diseases than to compensate workers for lost wages and health costs resulting from sickness or injury. The Assembly responded to the public outcry against the board's elimination by restoring the funding for the Hazard Abatement Board in the budget.

The Assembly uses its oversight power to review the efficacy of the Department of Labor on behalf of working men and women of New York State. Of particular concern to the Committee in 2005 were the solvency of the Unemployment Insurance Trust Fund and the Workers’ Compensation Security Fund. The Trust Fund was depleted as a result of the extraordinary number of claims caused by the terrorist attack in 2001, and has yet to recover full solvency. Federal law has mandated additional assessments against New York businesses until the Fund has regained liquidity.

The Workers’ Compensation Security Fund is maintained by the State Insurance Department to assure that claims by injured workers can be processed even when insurance carriers providing compensation coverage have gone bankrupt or have ceased doing business. The Fund is supported by statutory assessments payable by all carriers doing compensation business in New York. Due to the substantial shortfall in such assessments, the Fund had inadequate assets during the early part of 2005 to meet estimated liabilities. The committee in partnership with the Assembly Insurance Committee conducted hearings and developed a legislative solution to avert this crisis.

Two public hearings were convened to discuss the solvency of the State Workers Compensation Security Fund (WCSF). The State Insurance Department (SID) first notified the Legislature in late January 2005 that the WCSF would be bankrupt in a matter of weeks, and unable to pay claims as of March 1, 2005. According to SID, without an immediate short-term solution, at least 7,500 claimants, mostly injured workers in need of medical treatment or compensation on this income to support them on a day-to-day basis, would stop receiving their weekly checks. During the hearings, the committees reviewed the status of the Fund, causes of the Fund'=’s shortfalls and ways to ensure the Fund remains viable to pay outstanding claims to injured workers and their beneficiaries on an ongoing basis.

A public hearing was convened to discuss the possible closure slated by the Department of Labor of the Manhattan Unemployment Insurance Call Center. This proposed closure will deprive recently unemployed workers access to a New York City Unemployment Insurance call center. The closure forces current Department of Labor workers to relocate to different parts of the state or face unemployment. During the hearing, the committees discussed possible repercussions and alternatives to the closure of the Manhattan Unemployment Insurance Call Center. The Department asserted that the closure was necessary to contain costs. Many of the witnesses demonstrated that the proposed closure was not only foolhardy, but would substantially detract from the delivery of these valuable services to hard working men and women facing an involuntary layoff.

A public hearing was convened to discuss diversity in the State’s workforce which especially focused on the extent of employment opportunities within state government for members of the African-American, Asian-American and Hispanic communities. The employment levels of members of these communities in the State workforce were compared with population levels in the State. During the hearing, the committee discussed future steps that may be taken by the state to assure greater diversity at all levels of employment.

A public hearing was convened to discuss the increasing problem of human trafficking in New York State. Human trafficking involves the use of fraud, coercion, physical threat or violence to recruit or compel persons to engage in commercial sexual activity or exploitative labor. This problem is especially of concern since at times it involves children being exploited to engage in these dangerous activities. A roundtable discussion was held prior to this hearing which involved experts involved in the fight against human trafficking in order to prepare for this hearing. During the hearing, the committee discussed the problem of human trafficking, New York’s current laws and potential legislative proposals to strengthen the laws in this area.

PREVAILING WAGE

The State of New York Works Law, Section 220, requires that employees of government contracts be paid the prevailing wages for all public work. Prevailing wage is a wage paid to the majority of workers in the building trades. Separate prevailing wages are set for each county and trade. Agencies awarding public works contracts including state agencies, municipality, quasi-agencies, and all other political subdivisions of the State are required to assure their contractors pay their workers the prevailing wage. The Labor Committee has worked to expand the application of prevailing wage; and is committed to enforcing prevailing wage as well as bringing about greater awareness of workers’ rights in this area.

Significant Legislation included:

A945 (Tokasz)/S772 (Stachowski): This bill defines lowest responsible bidder for purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a three year period preceding the award of a public works project in order to disqualify as the lowest responsible bidder on a public works contract those bidders who have violated certain federal or state labor laws; permits challenges to the determination of the lowest possible bidder. This bill was reported and referred to Codes.

A947 (Tokasz)/S1680 (Stachowski): This bill requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency. This bill was reported, passed the Assembly and delivered to the Senate.

A2578 (Brodsky)/S4549 (Leibell): This bill requires that contractors and subcontractors give written notification to workers employed on public work projects of the right to receive prevailing wages; it stipulates certain other notice and posting requirements. This bill was delivered to the Governor and vetoed (Veto message 105).

A2676 (John)/S4881 (Maziarz): This bill creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits. This bill was reported, passed by the Assembly and delivered to the Senate.

A3279 (John)/S3096 (Balboni): This bill expands the application of prevailing wage laws to charter schools and requires them to abide by laws pertaining to advertising for bids, letting of contracts, and criminal conspiracies in municipal contracting. It further expands the scope of prevailing wage provisions to leases, grants, bonds, covenants, debt agreements, or permits and requires representation in negotiating units for all (not only instructional) employees if the criteria for representation are met. This bill was reported and referred to Ways and Means.

A3288 (John)/S3281 (Spano): This bill prohibits from bidding on a public work contract for 5 years from the date of conviction, any person or corporation, including officers, directors, owners and managers thereof, who has been convicted of a felony related to a public work contract; establishes criterion and requires the implementation thereof for the verification of the responsibility of the lowest bidder on a public work contract; prohibits the awarding of contracts to bidders which are found to be not responsible; directs the Commissioner of Labor to establish a construction contract and lowest responsible bidder registry. This bill was reported, passed the Assembly and delivered to the Senate.

A4040 (John)/S4857 (Balboni): This bill provides for additional penalties for failure to pay prevailing wages or supplements; encourages private actions for recovery of wrongfully withheld wages or supplements by persons employed on a public work contract; authorizes direct recovery against contractor or subcontractor in the absence of a payment bond or a public improvement contract; directs that any civil penalties ordered to be paid to the comptroller pursuant to such an action shall be made available to the Commissioner of Labor for the purposes of article eight of the labor law (public work). This bill was reported, passed the Assembly and delivered to the Senate.

A4513 (John)/S2252 (Hassell-Thompson): This bill enacts the "Omnibus Prevailing Wage Enforcement Act"; creates the office of the prevailing wage fraud inspector general for increased vigilance in the effort to achieve prevailing wage enforcement; allows public authorities to require that successful bidders for public works jobs participate in a state-sponsored apprenticeship program; makes related provisions. This bill was reported and referred to Codes.

A6213A (McEneny)/S4479 (Maziarz): This bill reforms the prevailing wage law to increase rates and benefits for building services employees and does not allow public agencies to extend contracts beyond the contract period. It further states that contractors must provide regular reports to state agencies they contract for. This bill was reported and referred to Codes.

A6485A (John)/S3251A (Maziarz): This bill relates to contracts for public work by requiring contracts entered into by a third person acting on behalf of and for the benefit of a public entity pursuant to any lease, permit or other agreement between such third party and the public entity to contain a stipulation that certain workers shall not 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 certain cases. This bill was delivered to the Governor and vetoed (Veto message 117).

A6579 (John)/S5410 (Maziarz): This bill relates to the inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage. This bill was delivered to the Governor and vetoed (Veto message 113).

A6622 (John)/S5464: This bill requires certain supervisors to maintain a daily headcount on all workers for all contracts requiring prevailing wage rates; requires such records to be kept for at least three years after the completion of the project. This bill was delivered to the Governor and vetoed (Veto message 96).

A6625 (John)/S3284 (Spano): This bill provides for public access (public inspection and copying) to certain records of public entities regarding certain public work and building service employees (i.e., records or portions thereof pertaining to the employee classifications of, rate of wages and supplements paid to, and number of hours worked by the employees of contractors classified as apprentices); provides for redaction of social security numbers. This bill was delivered to the Governor and vetoed (Veto message 85).

A6627 (John)/S3282 (Spano): This bill requires any person, corporation or other business entity contracting with the state to submit to the Commissioner of Labor a list of independent contractors hired by such person, corporation or other business entity; requires that a fee of ten dollars per independent contractor be paid upon the submission of such list; provides that monies from such fees shall be used to fund the prevailing wage enforcement fund to prosecute violations of law relating to the misclassification of independent contractors. This bill was delivered to the Governor and vetoed (Veto message 84).

A7483 (DiNapoli)/S4890 (Fuschillo): This bill includes any person that willfully pays or provides after entering into a subcontract to perform any portion of a contract, wages that do not comply with prevailing wage levels within penalty provisions. This bill was delivered to the Governor and signed into law (Chapter 720 of the laws of 2005).

WORKERS’ COMPENSATION

Workers’ compensation insurance provides weekly cash payments and the cost of full medical treatment, including rehabilitation, for covered employees who are injured or become disabled as a result of a disease or injury connected with their employment. It also provides payments for qualified dependents of a worker who dies from a compensable injury or illness. It is the aim of the Labor Committee to make the Workers’ compensation system more efficient and effective for workers and employers alike.

Significant Legislation included:

A294 (Grannis): This bill exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers' compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to exposure to smoke at their employment. This bill was reported and referred to Ways and Means.

A1547 (Stringer): This bill enacts the "protection in the workplace act" and provides that injuries to employees as a result of the commission of a sexual offense shall entitle such employee to all rights and benefits available pursuant to the workers’ compensation law and, in addition, shall permit such employee to pursue any other remedies available at law or in equity. This bill was advanced to the 3rd calendar reading.

A2161 (Lifton): This bill provides that neither the filing of an application with the workers' compensation board for the review or rehearing of a workers' compensation award or decision, nor the actual review or rehearing by such board, shall stay the payment of compensation required by the terms of the award or decision appealed from or the payment of reasonable doctor’s bills incurred by the worker during the pendency of such appeal. This bill was reported and referred to Ways and Means.

A3163 (John)/S4818 (Maziarz): This bill makes provisions ensuring compensation for the deaths or permanent or temporary (partial or total) disabilities of employees of hospitals arising from accident or disablement from an occupational disease or injury occurring as a result of rescue and treatment activity in connection with the World Trade Center attacks. This bill was delivered to the Governor and vetoed (Veto message 116).

A4638A (Heastie): This bill provides for penalties for third parties designated by employers who fail to file necessary reports or fail to keep mandated records of accidents. This bill was reported and referred to Codes.

A5221B (John)/S3651A (Maziarz): This bill authorizes certified nurse practitioners to provide care and treatment to injured employees pursuant to the provisions of the workers’ compensation law and establishes a nurse practitioner committee to regulate the practice of nurse practitioners under such law. It makes it a misdemeanor to violate provisions relating to fees which may be legally collected by nurse practitioners. This bill was reported and referred to Codes.

A6338 (John)/S2155 (Maziarz): This bill makes certain provisions relating to rates for workers' compensation permanent and repeals certain provisions relating to adjusting the base rates of workers’ compensation for certain employments. This bill was delivered to the Governor and signed into law (Chapter 86 of the laws of 2005).

A8898 (John): This bill increases the threshold regarding preauthorization to utilize specialists in workers’ compensation cases from $500 to $1500. This bill was reported and referred to Ways and Means.

FARM WORKER PROTECTION

Farm workers are one of the few occupations excluded from the right to collective bargaining, compensation for overtime work, and from disability insurance benefits. Farmworkers deserve these rights as much as any other worker in New York. Agriculture comprises a significant share of the state’s economy, yielding approximately $3 billion annually in farm produce. Despite their essential role to the state's agriculture industry, farm workers do not qualify for such common benefits as disability coverage. They generally work only part of the year and earn low incomes for difficult physical labor. Farm workers are a silent and forgotten group in our state. The Labor Committee will continue to work to ensure farm workers receive the same basic labor rights as the other working members of our society.

Significant Legislation included:

A1172A (Nolan)/S5130 (Flanagan): This bill enacts the farmworkers fair labor practices act and grants collective bargaining rights to farm laborers, requires employers of farm laborers to allow at least 24 consecutive hours of rest each week, provides for an 8 hour work day for farm laborers, requires overtime rate at one and one-half times normal rate and makes provisions of unemployment insurance law applicable to farm laborers. It further provides other protections to assure a healthy and safe environment for migrant farmworkers in this State. This bill was reported, passed the Assembly and delivered to the Senate.

OCCUPATIONAL SAFETY AND HEALTH

The goal of the Labor Committee in the area of occupational health and safety is to create legislation that will prevent workplace injuries, protect the health of our workforce, and put a stop to situations that could put lives in jeopardy. Through employee-management partnerships the Committee hopes workplace safety and health programs will drastically reduce the number of workers injured on the job. We will continue to reach out to organized labor and other knowledgeable stakeholders to address new problems and improve existing programs.

Significant Legislation included:

A3353 (John)/S3013 (Fuschillo): This bill requires that specifications and contracts for the construction, reconstruction, maintenance and/or repair of public work to which the state or a municipality is a party shall contain provisions requiring that all laborers, workers, and mechanics be certified as having successfully completed a 10 hour course in construction safety and health approved by the US Department of Labor’s Occupational Safety and Health Administration. This bill was delivered to the Governor and vetoed (Veto message 71).

A3636 (John): This bill requires employers to develop and implement programs to prevent and minimize workplace violence. It allows any employee or representative of employees who believe that a violation of a safety or health standard exists that creates an imminent danger to request an immediate inspection by the State Commissioner of Labor. This bill was reported and referred to Codes.

A3798 (Peralta)/S1598 (Paterson): This bill authorizes the Commissioner of Labor to implement rules and regulations regarding the removal of lead, asbestos, and other hazardous waste. This bill was reported, passed the Assembly and delivered to the Senate.

A7019 (John): This bill establishes on-track safety standards for New York City Transit Authority employees. This bill was reported, passed the Assembly and delivered to the Senate.

A7513A (Tonko)/S4605A (Wright): This bill relates to certain requirements for certification of utility system contract workers. This bill was reported and referred to Ways and Means.

A8940 (John)/S5773 (Spano): This bill requires public employers to develop and implement programs to prevent and minimize workplace violence. It allows any public employee or representative of public employees who believe that a serious violation of a safety or health standard exists that creates an imminent danger to request an immediate inspection by the Commissioner of Labor. This bill was delivered to the Governor and vetoed (Veto message 92).

A8985 (John)/S5843 (Fuschillo): This bill establishes the requirement that certain public work contracts contain a provision that laborers, workers and mechanics be certified as having completed a course in construction safety and health approved by OSHA shall take effect one year after it shall have become a law. This bill was delivered to the Governor and vetoed (Veto message 79).

Alternate Dispute Resolution of Comprehensive Claims
A5502 (John)/S2173 (Maziarz): This bill extends provisions relating to the establishment of an alternative dispute resolution system to resolve compensation claims arising from injuries sustained at construction sites. This bill was delivered to the Governor and signed into law (Chapter 649 of the laws of 2005).

Anti-privatization
A748 (Destito)/S4806 (Maziarz): This bill prohibits any municipality from entering into a contract for the provision of fire protection, suppression, prevention or training services with any entity not established by a municipality and subject to the supervision of the municipality establishing such entity. This bill was delivered to the Governor and vetoed (Veto message 16).

Apparel Industry
A6914 (Colton)/S5463 (Maltese): This bill requires disclosure of the names of persons having a financial interest in an apparel manufacturer or contractor to the Department of Labor. It authorizes the special task force on the apparel industry to impose administrative and criminal penalties upon apparel manufacturers and contractors for violations of the labor law; provides for review of the imposition of any such penalty; authorizes manufacturers and contractors to post a surety bond and authorizes seizure and confiscation of the goods and equipment of apparel manufacturers and contractors for violation of provisions of the labor law relating to the apparel industry. This bill was reported and referred to Codes.

Apprenticeship Training
A3351 (John): This bill establishes a public policy regarding and favoring apprenticeship training programs. It provides standards for such programs and procedures for registration of approved programs. This bill was reported and referred to Ways and Means.

Benefits and Disability
A1201 (Nolan)/S5451 (Maziarz): This bill allows payment of reasonable funeral expenses for police officers who die from injuries received in the line of duty as a direct result of law enforcement activities. This bill was delivered to the Governor and signed into law (Chapter 245 of the laws of 2005).

A1305 (Nolan)/S3798 (Leibell): This bill provides that the weekly benefit which a disabled employee is entitled to receive for disability, currently capped at $170, be raised commencing on or after July 1, 2005 and prior to July 1, 2006 to $225; provides that on and after July 1, 2006 and prior to July 1, 2007 such benefit shall be capped at $280; provides that on and after July 1, 2007 shall be capped at $340. This bill was reported and referred to Ways and Means.

A5802 (Hoyt)/S977 (Maziarz): This bill allows a person entitled to a death benefit to request his or her compensation payments to be directly deposited in a bank if such person’s employer or such employer's insurance carrier has elected to permit the direct deposit of such compensation payments. This bill was delivered to the Governor and signed into law (Chapter 70 of the laws of 2005).

Card Check
A3292 (John)/S3008 (Spano): This bill provides that employers and employees of a residential facility for individuals with disabilities may enter into agreements which confer jurisdiction of the New York State Employment Relations Board and include card check as a means to determine a collective bargaining agent. This bill was delivered to the Governor and vetoed (Veto message 100).

Child Performers
A5771A (Weinstein)/S5749 (Maziarz): This bill modifies provisions pertaining to the education of child performers and the management of their earnings. This bill was reported, passed the Assembly and delivered to the Senate.

Employee Rights and Protection
A4411 (Heastie)/S3597 (Maltese): This bill provides public and private employees with a right to review their personnel file. This bill was reported and referred to Codes.

A8067B (Bradley): This bill prohibits employers from using an employee’s social security number for identification purposes. This bill was reported and referred to Rules

Family Friendly
A1301 (Nolan)/S1501 (Morahan): This bill enacts the "families in the workplace act." It provides for unpaid leave for families for the purpose of meeting with a child’s teacher or administrator, for the purpose of bereavement in connection with the death of an immediate family or household member or to provide care to an immediate family or household member; provides that such leave shall be limited to seven days per calendar year. This bill was reported, passed the Assembly and delivered to the Senate.

A1736 (Eddington)/S3359 (Trunzo): This bill authorizes the Commissioner of Labor, in consultation with the Commissioner of Health, to establish procedures to provide information on the State provided child health insurance plan to a person filing for unemployment insurance. This bill was reported, passed the Assembly and delivered to the Senate.

A2673 (Glick): This bill allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners; and defines relevant terms. This bill was reported, passed the Assembly and delivered to the Senate.

Job Preservation
A3791 (Morelle): This bill provides for the creation of the manufacturing technology act to provide grant assistance for retraining and upgrading existing factories. This bill was reported, passed the Assembly and delivered to the Senate.

Material Standards
A7566 (John)/S5046 (Rules): This bill sets forth comprehensive statewide standards for plumbing work and materials in commercial projects and residential housing. This bill was reported, passed the Assembly and delivered to the Senate.

Non-traditional occupations
A570 (Millman): This bill enacts the "New York state nontraditional occupation act;" by establishing a grant program in the Department of Labor for the purpose of encouraging employment of individuals in nontraditional occupations and for promoting the recruitment, placement and retention of individuals in nontraditional occupations. This bill was reported and referred to Ways and Means.

Proof of Age
A7184 (Benedetto)/S3250 (Maziarz): This bill requires employers to maintain proof of age of employees claiming to be between 18 and 25 years of age and provides for the institution of criminal penalties in the form of misdemeanor for persons or corporations knowingly violating employment of minors laws. This bill was delivered to the Governor and into law (Chapter 660 of the laws of 2005).

Protection for Nurses
A1199 (Nolan)/S169 (Morahan): Restricts consecutive hours of work by nurses by providing that no health care employer shall require a nurse to remain on duty for a period longer than 8 consecutive hours or 40 hours in a 7 day workweek except as consistent with the nurse’s regularly scheduled work hours, and that no such employer shall require a nurse to work more than that nurse’s regularly scheduled work hours except in certain specified emergency situations. It further provides such provisions do not prohibit a nurse from voluntarily working overtime. This bill was reported and referred to Codes.

Public Works Projects
A7990 (John)/S3382 (Maziarz): This bill establishes whenever a recipient of a higher education capital matching grant enters into any contract, subcontract, lease, grant, bond, covenant or other agreement for or in connection with certain projects it shall be deemed a public works project. This bill was reported and referred to Ways and Means.

State Contracts
A2677 (John)/S5450 (Rules): This bill provides that every contract entered into by a state agency for the procurement of equipment, materials or supplies shall contain a statement in which the contractor attests that no foreign made equipment, materials or supplies furnished to the state pursuant to the contract have been produced in whole or in part by forced labor, convict labor or indentured servitude and it provides sanctions for violations. This bill was reported and referred to Codes.

Unfair Labor Practice Legislation
A3350 (John): This bill designates as an unfair labor practice and prohibits any person from using public funds to finance any activity intended to influence the outcome of a union representation election. This bill was advanced to the 3rd calendar reading.

Wages
A3637 (John): This bill enacts the "New York State fair pay act"; provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/or national origin by paying different wages. This bill was reported, passed the Assembly and delivered to the Senate.

A8918 (Canestrari)/S5774 (Little): This bill relates to excluding certain volunteers from the definition of employee for purposes of minimum wage requirements where such volunteers work at a recreational or amusement event which lasts less than 8 days and such employer provides written notice of such minimum wage exemption. This bill was delivered to the Governor and signed into law (Chapter 640 of the laws of 2005).

Whistle Blower Protection
A6979 (John): This bill enacts the state contractor employees’ whistleblower protection act, in which private employees working under procurement contracts from the state have an obligation to ensure that government money is not wasted, and that their employer and fellow employees, prevent improper activity. This bill was reported and referred to Codes.

A7185 (John)/S3893 (Spano): This bill enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities based on information that the employee reasonably believes to be true. This bill was reported, passed the Assembly and delivered to the Senate.

A1201 (Nolan)/S5451 (Maziarz): This bill allows payment of reasonable funeral expenses for police officers who die from injuries received in the line of duty as a direct result of law enforcement activities. This bill was delivered to the Governor and signed into law (Chapter 245 of the laws of 2005).

A2578 (Brodsky)/S4549 (Leibell): This bill requires that contractors and subcontractors give written notification to workers employed on public work projects of the right to receive prevailing wages; it stipulates certain other notice and posting requirements. This bill was delivered to the Governor and vetoed (Veto message 105).

A3163 (John)/S4818 (Maziarz): This bill makes provisions ensuring compensation for the deaths or permanent or temporary (partial or total) disabilities of employees of hospitals arising from accident or disablement from an occupational disease or injury occurring as a result of rescue and treatment activity in connection with the World Trade Center attacks. This bill was delivered to the Governor and vetoed (Veto message 116).

A3292 (John)/S3008 (Spano): This bill provides that employers and employees of a residential facility for individuals with disabilities may enter into agreements which confer jurisdiction of the New York State Employment Relations Board and include card check as a means to determine a collective bargaining agent. This bill was delivered to the Governor and vetoed (Veto message 100).

A3353 (John)/S3013 (Fuschillo): This bill requires that specifications and contracts for the construction, reconstruction, maintenance and/or repair of public work to which the state or a municipality is a party shall contain provisions requiring that all laborers, workers, and mechanics be certified as having successfully completed a 10 hour course in construction safety and health approved by the US Department of Labor’s Occupational Safety and Health Administration. This bill was delivered to the Governor and vetoed (Veto message 71).

A5502 (John)/S2173 (Maziarz): This bill extends provisions relating to the establishment of an alternative dispute resolution system to resolve compensation claims arising from injuries sustained at construction sites. This bill was delivered to the Governor and signed into law (Chapter 649 of the laws of 2005).

A5802 (Hoyt)/S977 (Maziarz): This bill allows a person entitled to a death benefit to request his or her compensation payments to be directly deposited in a bank if such person’s employer or such employer's insurance carrier has elected to permit the direct deposit of such compensation payments. This bill was delivered to the Governor and signed into law (Chapter 70 of the laws of 2005).

A6338 (John)/S2155 (Maziarz): This bill makes certain provisions relating to rates for workers' compensation permanent and repeals certain provisions relating to adjusting the base rates of workers’ compensation for certain employments. This bill was delivered to the Governor and signed into law (Chapter 86 of the laws of 2005).

A6579 (John)/S5410 (Maziarz): This bill relates to the inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage. This bill was delivered to the Governor and vetoed (Veto message 113).

A6622 (John)/S5464: This bill requires certain supervisors to maintain a daily headcount on all workers for all contracts requiring prevailing wage rates; requires such records to be kept for at least three years after the completion of the project. This bill was delivered to the Governor and vetoed (Veto message 96).

A6625 (John)/S3284 (Spano): This bill provides for public access (public inspection and copying) to certain records of public entities regarding certain public work and building service employees (i.e., records or portions thereof pertaining to the employee classifications of, rate of wages and supplements paid to, and number of hours worked by the employees of contractors classified as apprentices); provides for redaction of social security numbers. This bill was delivered to the Governor and vetoed (Veto message 85).

A6627 (John)/S3282 (Spano): This bill requires any person, corporation or other business entity contracting with the state to submit to the Commissioner of Labor a list of independent contractors hired by such person, corporation or other business entity; requires that a fee of ten dollars per independent contractor be paid upon the submission of such list; provides that monies from such fees shall be used to fund the prevailing wage enforcement fund to prosecute violations of law relating to the misclassification of independent contractors. This bill was delivered to the Governor and vetoed (Veto message 84).

A7184 (Benedetto)/S3250 (Maziarz): This bill requires employers to maintain proof of age of employees claiming to be between 18 and 25 years of age and provides for the institution of criminal penalties in the form of misdemeanor for persons or corporations knowingly violating employment of minors laws. This bill was delivered to the Governor and signed into law (Chapter 660 of the laws of 2005).

A7483 (DiNapoli)/S4890 (Fuschillo): This bill includes any person that willfully pays or provides after entering into a subcontract to perform any portion of a contract, wages that do not comply with prevailing wage levels within penalty provisions. This bill was delivered to the Governor and signed into law (Chapter 720 of the laws of 2005).

A8918 (Canestrari)/S5774 (Little): This bill relates to excluding certain volunteers from the definition of employee for purposes of minimum wage requirements where such volunteers work at a recreational or amusement event which lasts less than 8 days and such employer provides written notice of such minimum wage exemption. This bill was delivered to the Governor and signed into law (Chapter 640 of the laws of 2005).

A8940 (John)/S5773 (Spano): This bill requires public employers to develop and implement programs to prevent and minimize workplace violence. It allows any public employee or representative of public employees who believe that a serious violation of a safety or health standard exists that creates an imminent danger to request an immediate inspection by the Commissioner of Labor. This bill was delivered to the Governor and vetoed (Veto message 92).

A8985 (John)/S5843 (Fuschillo): This bill establishes the requirement that certain public work contracts contain a provision that laborers, workers and mechanics be certified as having completed a course in construction safety and health approved by OSHA shall take effect one year after it shall have become a law. This bill was delivered to the Governor and vetoed (Veto message 79).

A947 (Tokasz)/S1680 (Stachowski): This bill requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency. This bill was reported, passed by the Assembly and delivered to the Senate.

A1172A (Nolan)/S5130 (Flanagan): This bill enacts the farmworkers fair labor practices act and grants collective bargaining rights to farm laborers, requires employers of farm laborers to allow at least 24 consecutive hours of rest each week, provides for an 8 hour work day for farm laborers, requires overtime rate at one and one-half times normal rate and makes provisions of unemployment insurance law applicable to farm laborers. It further provides other protections to assure a healthy and safe environment for migrant farmworkers in this State. This bill was reported, passed the Assembly and delivered to the Senate.

A1301 (Nolan)/S1501 (Morahan): This bill enacts the "families in the workplace act." It provides for unpaid leave for families for the purpose of meeting with a child’s teacher or administrator, for the purpose of bereavement in connection with the death of an immediate family or household member or to provide care to an immediate family or household member; provides that such leave shall be limited to seven days per calendar year. This bill was reported, passed the Assembly and delivered to the Senate.

A1736 (Eddington)/S3359 (Trunzo): This bill authorizes the Commissioner of Labor, in consultation with the Commissioner of Health, to establish procedures to provide information on the State provided child health insurance plan to a person filing for unemployment insurance. This bill was reported, passed the Assembly and delivered to the Senate.

A2673 (Glick): This bill allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners; and defines relevant terms. This bill was reported, passed the Assembly and delivered to the Senate.

A2676 (John)/S4881 (Maziarz): This bill creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits. This bill was reported, passed by the Assembly and delivered to the Senate.

A3162 (John): This bill removes state or local government employees from the excluded class for purposes of minimum wage. This bill was reported, passed the Assembly and delivered to the Senate.

A3288 (John)/S3281 (Spano): This bill prohibits from bidding on a public work contract for 5 years from the date of conviction, any person or corporation, including officers, directors, owners and managers thereof, who has been convicted of a felony related to a public work contract; establishes criterion and requires the implementation thereof for the verification of the responsibility of the lowest bidder on a public work contract; prohibits the awarding of contracts to bidders which are found to be not responsible; directs the Commissioner of Labor to establish a construction contract lowest responsible bidder registry. This bill was reported, passed the Assembly and delivered to the Senate.

A3637 (John): This bill enacts the "New York State fair pay act"; provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/or national origin by paying different wages. This bill was reported, passed the Assembly and delivered to the Senate.

A3798 (Peralta)/S1598 (Paterson): This bill authorizes the Commissioner of Labor to implement rules and regulations regarding the removal of lead, asbestos, and other hazardous waste. This bill was reported, passed the Assembly and delivered to the Senate.

A4040 (John)/S4857 (Balboni): This bill provides for additional penalties for failure to pay prevailing wages or supplements; encourages private actions for recovery of wrongfully withheld wages or supplements by persons employed on a public work contract; authorizes direct recovery against contractor or subcontractor in the absence of a payment bond or a public improvement contract; directs that any civil penalties ordered to be paid to the comptroller pursuant to such an action shall be made available to the Commissioner of Labor for the purposes of article eight of the labor law (public work). This bill was reported, passed the Assembly and delivered to the Senate.

A5771A (Weinstein)/S5749 (Maziarz): This bill modifies provisions pertaining to the education of child performers and the management of their earnings. This bill was reported, passed the Assembly and delivered to the Senate.

A6485A (John)/S3251A (Maziarz): This bill relates to contracts for public work by requiring contracts entered into by a third person acting on behalf of and for the benefit of a public entity pursuant to any lease, permit or other agreement between such third party and the public entity to contain a stipulation that certain workers shall not 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 certain cases. This bill was reported, passed the Assembly and delivered to the Senate.

A7019 (John): This bill establishes on-track safety standards for New York City Transit Authority employees. This bill was reported, passed the Assembly and delivered to the Senate.

A7185 (John)/S3893 (Spano): This bill enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities based on information that the employee reasonably believes to be true. This bill was reported, passed the Assembly and delivered to the Senate.

A7566 (John)/S5046 (Rules): This bill sets forth comprehensive statewide standards for plumbing work and materials in commercial projects and residential housing. This bill was reported, passed the Assembly and delivered to the Senate.

A294 (Grannis): This bill exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers’ compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to exposure to smoke at their employment. This bill was reported and referred to Ways and Means.

A570 (Millman): This bill enacts the "New York state nontraditional occupation act;" by establishing a grant program in the Department of Labor for the purpose of encouraging employment of individuals in nontraditional occupations and for promoting the recruitment, placement and retention of individuals in nontraditional occupations. This bill was reported and referred to Ways and Means.

A945 (Tokasz)/S772 (Stachowski): This bill defines lowest responsible bidder for purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a three year period preceding the award of a public works project in order to disqualify as the lowest responsible bidder on a public works contract those bidders who have violated certain federal or state labor laws; permits challenges to the determination of the lowest possible bidder. This bill was reported and referred to Codes

A1199 (Nolan)/S169 (Morahan): Restricts consecutive hours of work by nurses by providing that no health care employer shall require a nurse to remain on duty for a period longer than 8 consecutive hours or 40 hours in a 7 day workweek except as consistent with the nurse’s regularly scheduled work hours, and that no such employer shall require a nurse to work more than that nurse’s regularly scheduled work hours except in certain specified emergency situations. It further provides such provisions do not prohibit a nurse from voluntarily working overtime. This bill was reported and referred to Codes.

A1305 (Nolan)/S3798 (Leibell): This bill provides that the weekly benefit which a disabled employee is entitled to receive for disability, currently capped at $170, be raised commencing on or after July 1, 2005 and prior to July 1, 2006 to $225; provides that on and after July 1, 2006 and prior to July 1, 2007 such benefit shall be capped at $280; provides that on and after July 1, 2007 shall be capped at $340. This bill was reported and referred to Ways and Means.

A1547 (Stringer): This bill enacts the "protection in the workplace act" and provides that injuries to employees as a result of the commission of a sexual offense shall entitle such employee to all rights and benefits available pursuant to the workers’ compensation law and, in addition, shall permit such employee to pursue any other remedies available at law or in equity. This bill was advanced to the 3rd calendar reading.

A2161 (Lifton): This bill provides that neither the filing or an application with the workers' compensation board for the review or rehearing of a workers' compensation award or decision, nor the actual review or rehearing by such board, shall stay the payment of compensation required by the terms of the award or decision appealed from and the payment of reasonable doctor’s bills incurred by the worker during the pendency of such appeal. This bill was reported and referred to Ways and Means.

A2677 (John)/S5450 (Rules): This bill provides that every contract entered into by a state agency for the procurement of equipment, materials or supplies shall contain a statement in which the contractor attests that no foreign made equipment, materials or supplies furnished to the state pursuant to the contract have been produced in whole or in part by forced labor, convict labor or indentured servitude and it provides sanctions for violations. This bill was reported and referred to Codes.

A3279 (John)/S3096 (Balboni): This bill expands prevailing wage laws to charter schools and requires them to abide by laws pertaining to advertising for bids, letting of contracts, and criminal conspiracies in municipal contracting. It further expands the scope of prevailing wage provisions to leases, grants, bonds, covenants, debt agreements, or permits and requires representation in negotiating units for all (not only instructional) employees if criteria for representation are met. This bill was reported and referred to Ways and Means.

A3350 (John): This bill designates as an unfair labor practice and prohibits any person from using public funds to finance any activity intended to influence the outcome of a union representation election. This bill was advanced to the 3rd calendar reading.

A3351 (John): This bill establishes a public policy regarding and favoring apprenticeship training programs. It provides standards for such programs and procedures for registration of approved programs. This bill was reported and referred to Ways and Means.

A3636 (John): This bill requires employers to develop and implement programs to prevent and minimize workplace violence. It allows any employee or representative of employees who believe that a violation of a safety or health standard exists that creates an imminent danger to request an immediate inspection by the State Commissioner of Labor. This bill was reported and referred to Codes.

A4411 (Heastie)/S3597 (Maltese): This bill provides public and private employees with a right to review their personnel file. This bill was reported and referred to Codes.

A4513 (John)/S2252 (Hassell-Thompson): This bill enacts the "Omnibus Prevailing Wage Enforcement Act"; creates the office of the prevailing wage fraud inspector general for increased vigilance in the effort to achieve prevailing wage enforcement; allows public authorities to require that successful bidders for public works jobs participate in a state-sponsored apprenticeship program; makes related provisions. This bill was reported and referred to Codes.

A4638A (Heastie): This bill provides for penalties for third parties designated by employers who fail to file necessary reports or fail to keep mandated records of accidents. This bill was reported and referred to Codes.

A5221B (John)/S3651A (Maziarz): This bill authorizes certified nurse practitioners to provide care and treatment to injured employees pursuant to the provisions of the workers’ compensation law and establishes a nurse practitioner committee to regulate the practice of nurse practitioners under such law. It makes it a misdemeanor to violate provisions relating to fees which may be legally collected by nurse practitioners. This bill was reported and referred to Codes.

A6213A (McEneny)/S4479 (Maziarz): This bill increases rates and benefits for building services employees; does not allow agencies to extend contracts beyond the contract years in effect for the bid; contractors shall provide regular reports to state agencies they contract for; provides penalties for certain violations thereof. This bill was reported and referred to Codes.

A6979 (John): This bill enacts the state contractor employees’ whistleblower protection act, in which private employees working under procurement contracts from the state have an obligation to ensure that government money is not wasted, and that their employer and fellow employees, prevent improper activity. This bill was reported and referred to Codes.

A7513A (Tonko)/S4605A (Wright): This bill relates to certain requirements for certification of utility system contract workers. This bill was reported and referred to Ways and Means.

A7990 (John)/S3382 (Maziarz): This bill establishes whenever a recipient of a higher education capital matching grant enters into any contract, subcontract, lease, grant, bond, covenant or other agreement for or in connection with certain projects it shall be deemed a public works project. This bill was reported and referred to Ways and Means.

A8067B (Bradley): This bill prohibits employers from using an employee’s social security number for identification purposes. This bill was reported and referred to Rules.

A8898 (John): This bill increases the threshold regarding preauthorization to utilize specialists in workers'’ compensation cases from $500 to $1500. This bill was reported and referred to Ways and Means.

A106 (Sanders): This bill requires employers to release employees from work obligations for service on school district committees during work hours without loss of pay, benefits or status. This bill was reported and referred to Ways and Means.

A252 (Destito): This bill relates to the right of an employee to express breast milk at work. It requires an employer to make a reasonable effort to provide a location for a woman to express milk in privacy and prohibits discrimination. This bill was reported, passed the Assembly and delivered to the Senate.

A294 (Grannis): This bill exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers’ compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to exposure to smoke at their employment. This bill was reported and referred to Ways and Means.

A570 (Millman): This bill enacts the "New York state nontraditional occupation act;" by establishing a grant program in the Department of Labor for the purpose of encouraging employment of individuals in nontraditional occupations and for promoting the recruitment, placement and retention of individuals in nontraditional occupations. This bill was reported and referred to Ways and Means.

A945 (Tokasz)/S772 (Stachowski): This bill defines lowest responsible bidder for purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a three year period preceding the award of a public works project in order to disqualify as the lowest responsible bidder on a public works contract those bidders who have violated certain federal or state labor laws; permits challenges to the determination of the lowest possible bidder. This bill was reported and referred to Codes.

A947 (Tokasz)/S1680 (Stachowski): This bill requires state agencies to provide labor organizations with certified payroll records of the contractors hired to perform public work by such agency. This bill was reported, passed by the Assembly and delivered to the Senate.

A1172A (Nolan)/S5130 (Flanagan): This bill enacts the farmworkers fair labor practices act and grants collective bargaining rights to farm laborers, requires employers of farm laborers to allow at least 24 consecutive hours of rest each week, provides for an 8 hour work day for farm laborers, requires overtime rate at one and one-half times normal rate and makes provisions of unemployment insurance law applicable to farm laborers. It further provides other protections to ensure a healthy and safe environment for migrant farmworkers in this State. This bill was reported, passed the Assembly and delivered to the Senate.

A1189 (Nolan): Enacts the "local workforce investment board/workforce investment area decentralization and accountability act"; provides for public hearings on a quarterly basis for every local workforce investment board established in a workforce investment area with a population of one million or more; further provides for a delivery of such plans to the speaker of the assembly, temporary president of the senate and the minority leaders of the assembly and senate, local chairs of the assembly and senate labor committees and chairs of the assembly ways and means committee, senate finance committee for review and comment. This bill was reported, passed the Assembly and delivered to the Senate.

A1199 (Nolan)/S169 (Morahan): Restricts consecutive hours of work by nurses by providing that no health care employer shall require a nurse to remain on duty for a period longer than 8 consecutive hours or 40 hours in a 7 day workweek except as consistent with the nurse's regularly scheduled work hours, and that no such employer shall require a nurse to work more than that nurse’s regularly scheduled work hours except in certain specified emergency situations. It further provides such provisions do not prohibit a nurse from voluntarily working overtime. This bill was reported and referred to Codes.

A1200 (Nolan) Provides that the Department of Labor shall develop an advocacy assistance program to be established and maintained at not less than two fully accredited law schools within the State. Such program shall provide claimant and employee advocacy assistance, representation and consultation regarding unemployment insurance application, eligibility, benefits, hearings and appeals. This bill was ordered to the 3rd calendar reading.

A1301 (Nolan)/S1501 (Morahan): This bill enacts the "families in the workplace act." It provides for unpaid leave for families for the purpose of meeting with a child’s teacher or administrator, for the purpose of bereavement in connection with the death of an immediate family or household member or to provide care to an immediate family or household member; provides that such leave shall be limited to seven days per calendar year. This bill was reported, passed the Assembly and delivered to the Senate.

A1305 (Nolan)/S3798 (Leibell): This bill provides that the weekly benefit which a disabled employee is entitled to receive for disability, currently capped at $170, be raised commencing on or after July 1, 2005 and prior to July 1, 2006 to $225; provides that on and after July 1, 2006 and prior to July 1, 2007 such benefit shall be capped at $280; provides that on and after July 1, 2007 shall be capped at $340. This bill was reported and referred to Ways and Means.

A1547 (Stringer): This bill enacts the "protection in the workplace act" and provides that injuries to employees as a result of the commission of a sexual offense shall entitle such employee to all rights and benefits available pursuant to the workers’ compensation law and, in addition, shall permit such employee to pursue any other remedies available at law or in equity. This bill was advanced to the 3rd calendar reading.

A1736 (Eddington)/S3359 (Trunzo): This bill authorizes the Commissioner of Labor, in consultation with the Commissioner of Health, to establish procedures to provide information on the State provided child health insurance plan to a person filing for unemployment insurance. This bill was reported, passed the Assembly and delivered to the Senate. This bill was reported, passed the Assembly and delivered to the Senate.

A1993A (DelMonte)/S5887 (Flanagan): This bill requires employers of farm laborers to allow at least 24 consecutive hours of rest each week like other workers in New York state. It mandates the use of farm labor work agreements. This bill was advanced to the 3rd calendar reading.

A2115 (Eddington): This bill establishes the work reduction notice act which requires employers to give reasonable notice to employees when such employer contemplates large lay-offs or curtailing work hours from full to part time. This bill was advanced to the 3rd calendar reading.

A2161 (Lifton): This bill provides that neither the filing of an application with the workers’ compensation board for the review or rehearing of a workers’ compensation award or decision, nor the actual review or rehearing by such board, shall stay the payment of compensation required by the terms of the award or decision appealed from or the payment of reasonable doctor’s bills incurred by the worker during the pendency of such appeal. This bill was reported and referred to Ways and Means.

A2438 (Millman): This bill relates to requiring first consideration of unemployed individuals, low-income individuals, dislocated workers and individuals training for nontraditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L 105-220) for hiring for positions created as a result of economic development assistance. This bill was advanced to the 3rd calendar reading.

A2673 (Glick): This bill allows employees to utilize accrued and available sick leave to provide care to immediate family, household members or domestic partners; and defines relevant terms. This bill was reported, passed the Assembly and delivered to the Senate.

A2676 (John)/S4881 (Maziarz): This bill creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits. This bill was reported, passed by the Assembly and delivered to the Senate.

A2677 (John)/S5450 (Rules): This bill provides that every contract entered into by a state agency for the procurement of equipment, materials or supplies shall contain a statement in which the contractor attests that no foreign made equipment, materials or supplies furnished to the state pursuant to the contract have been produced in whole or in part by forced labor, convict labor or indentured servitude and it provides sanctions for violations. This bill was reported and referred to Codes.

A2804 (Wright)/S3547 (Spano): This bill enacts provisions relating to labor standards for domestic workers. It includes provisions for a living wage, overtime pay, vacation, sick and personal time, advance notice of termination and severance pay. It also prohibits trafficking in domestic workers; requires record keeping and notice, includes domestic workers under protection provisions of the labor law and includes penalties for violations thereof. This bill was reported and referred to Codes.

A2940 (Diaz R): This bill provides that an employer shall not discharge an undocumented alien worker employed by such employer prior to November 6, 1986, who is legally restricted from holding other employment, unless such employer shall show good cause for discharging such alien employee. This bill was reported and referred to Codes.

A3162 (John): This bill removes state or local government employees from the excluded class for purposes of minimum wage. This bill was reported, passed the Assembly and delivered to the Senate.

A3279 (John)/S3096 (Balboni): This bill expands prevailing wage laws to charter schools and requires them to abide by laws pertaining to advertising for bids, letting of contracts, and criminal conspiracies in municipal contracting. It further expands the scope of prevailing wage provisions to leases, grants, bonds, covenants, debt agreements, or permits and requires representation in negotiating units for all (not only instructional) employees if the criteria for representation are met. This bill was reported and referred to Ways and Means.

A3288 (John)/S3281 (Spano): This bill prohibits from bidding on a public work contract for 5 years from the date of conviction, any person or corporation, including officers, directors, owners and managers thereof, who has been convicted of a felony related to a public work contract; establishes criterion and requires the implementation thereof for the verification of the responsibility of the lowest bidder on a public work contract; prohibits the awarding of contracts to bidders which are found to be not responsible; directs the Commissioner of Labor to establish a construction contract lowest responsible bidder registry. This bill was reported, passed the Assembly and delivered to the Senate.

A3350 (John): This bill designates as an unfair labor practice and prohibits any person from public funds to finance any activity intended to influence the outcome of a union representation election. This bill was advanced to the 3rd calendar reading.

A3351 (John): This bill establishes a public policy regarding and favoring apprenticeship training programs. It provides standards for such programs and procedures for registration of approved programs. This bill was reported and referred to Ways and Means.

A3387 (Cahill): This bill provides for cost-of-living adjustments of disability benefits for an employee with a permanent total disability to be based on an increase of the consumer price index as promulgated by the U.S. department of labor. This bill was reported and referred to Ways and Means.

A3612 (Seminerio): This bill provides that employers shall insure that each employee working on or near electrical lines or equipment is equipped with OSHA compliant insulated tools. This bill was reported and referred to Codes.

A3636 (John): This bill requires employers to develop and implement programs to prevent and minimize workplace violence. It allows any employee or representative of employees who believe that a violation of a safety or health standard exists that creates imminent danger to request an immediate inspection by the State Commissioner of Labor. This bill was reported and referred to Codes.

A3637 (John): This bill enacts the "New York State fair pay act"; provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/or national origin by paying different wages. This bill was reported, passed the Assembly and delivered to the Senate.

A3646 (John)/S3521 (Robach): This bill relates to the presumption of certain diseases contracted by certain public employees. This bill was reported and referred to Ways and Means.

A3791 (Morelle): This bill provides for the creation of the manufacturing technology act to provide grant assistance for retraining and upgrading existing factories. This bill was reported, passed the Assembly and delivered to the Senate.

A3798 (Peralta)/S1598 (Paterson): This bill authorizes the Commissioner of Labor to implement rules and regulations regarding the removal of lead, asbestos, and other hazardous waste. This bill was reported, passed the Assembly and delivered to the Senate.

A3817 (Perry): This bill requires employers to provide to employees injured on the job all information necessary to file a workers’ compensation claim. This bill was reported, passed the Assembly and delivered to the Senate.

A4040 (John)/S4857 (Balboni): This bill provides for additional penalties for failure to pay prevailing wages or supplements; encourages private actions for recovery of wrongfully withheld wages or supplements by persons employed on a public work contract; authorizes direct recovery against contractor or subcontractor in the absence of a payment bond or a public improvement contract; directs that any civil penalties ordered to be paid to the comptroller pursuant to such an action shall be made available to the Commissioner of Labor for the purposes of article eight of the labor law (public work). This bill was reported, passed the Assembly and delivered to the Senate.

A4077 (Seminerio)/S273 (Maltese): This bill prohibits the performance of any play, motion picture, dance or other exhibition in which a minor under sixteen years of age engages in sexual conduct; makes it illegal to possess or view material containing obscene depictions of the nudity of a child or of obscene sexual performance by a child or nudity involving lewd exhibition or graphic focus on the genitals of such child. This bill was reported and referred to Codes.

A4083 (Weisenberg): This bill requires the owner of a concert or performance site to notify the audience of emergency exits just prior to the beginning of any concert or performance, to maintain illuminated signs directing the audience to the exits, and to maintain a crowd-control plan in the event of an emergency. It imposes a fine of $500 upon an owner for any violation. This bill was reported and referred to Codes.

A4397 (Ortiz)/S4946 (Maziarz): This bill requires the chair of the workers’ compensation board to create a special part for hearings and proceedings of claims submitted by apparel employees. This bill was reported, passed the Assembly and delivered to the Senate.

A4411 (Heastie)/S3597 (Maltese): This bill provides public and private employees with a right to review their personnel file. This bill was reported and referred to Codes.

A4503 (Hooper)/S4620 (Hannon): This bill permits the workers’ compensation board chair and members to teach in institutions of higher education if to do so would not conflict with their duties as board members. This bill was reported, passed the Assembly and delivered to the Senate.

A4513 (John)/S2252 (Hassell-Thompson): This bill enacts the "Omnibus Prevailing Wage Enforcement Act"; creates the office of the prevailing wage fraud inspector general for increased vigilance in the effort to achieve prevailing wage enforcement; allows public authorities to require that successful bidders for public works jobs participate in a state-sponsored apprenticeship program; makes related provisions. This bill was reported and referred to Codes.

A4617 (Eddington)/S5449 (Rules): This bill relates to the funding of vocational rehabilitation services for injured employees. This bill was reported and referred to Ways and Means.

A4638A (Heastie): This bill provides for penalties for third parties designated by employers who fail to file necessary reports or fail to keep mandated records of accidents. This bill was reported and referred to Codes.

A5221B (John)/S3651A (Maziarz): This bill authorizes certified nurse practitioners to provide care and treatment to injured employees pursuant to the provisions of the workers’ compensation law and establishes a nurse practitioner committee to regulate the practice of nurse practitioners under such law. It makes it a misdemeanor to violate provisions relating to fees which may be legally collected by nurse practitioners. This bill was reported and referred to Codes.

A5399(Abbate)/S2208 (Skelos): This bill excludes media sales representatives, acting as independent contractors, from the provisions of unemployment insurance, workers' compensation and disability benefits. This bill was reported and referred to Rules.

A5497 (Gottfried)/S514 (Nozzolio): This bill requires employers with more than 20 employees to grant employees working 20 or more hours a week a 3 hours leave of absence in any 12 month period to donate blood. It provides that an employer shall not retaliate against an employee for requesting or obtaining such leave. This bill was reported, passed the Assembly and delivered to the Senate.

A5771A (Weinstein)/S5749 (Maziarz): This bill modifies provisions pertaining to the education of child performers and the management of their earnings. This bill was reported, passed the Assembly and delivered to the Senate.

A6213A (McEneny)/S4479 (Maziarz): This bill increases rates and benefits for building services employees; does not allow agencies to extend contracts beyond the contract years in effect for the bid; contractors shall provide regular reports to state agencies they contract for; provides penalties for certain violations thereof. This bill was reported and referred to Codes.

A6485A (John)/S3251A (Maziarz): This bill relates to contracts for public work by requiring contracts entered into by a third person acting on behalf of and for the benefit of a public entity pursuant to any lease, permit or other agreement between such third party and the public entity to contain a stipulation that certain workers shall not 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 certain cases. This bill was reported, passed the Assembly and delivered to the Senate.

A6564 (Cook)/S1007 (Smith A): This bill increases the amount of liquidated damages payable by an employer for a failure to pay wages as legally required from 25% to twice the total amount of wages found to be due. It further authorizes a class action to recover liquidated damages. This bill was reported and referred to Codes.

A6578 (Heastie): This bill relates to an employee’s right to receive a copy of information pertaining to compensation and the amount of deductions from an award. This bill was reported and referred to Codes.

A6624 (John)/S3285 (Spano): This bill relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued. This bill was reported, passed the Assembly and delivered to the Senate.

A6899 (Weisenberg): This bill provides that certain state employees be required to attend sun safety education classes and be equipped with whatever safety equipment necessary for their protection from the sun. This bill was reported, passed the Assembly and delivered to the Senate.

A6914 (Colton)/S5463 (Maltese): This bill requires disclosure of the names of persons having a financial interest in an apparel manufacturer or contractor to the Department of Labor. It authorizes the special task force on the apparel industry to impose administrative and criminal penalties upon apparel manufacturers and contractors for violations of the labor law; provides for review of the imposition of any such penalty; authorizes manufacturers and contractors to post a surety bond and authorizes seizure and confiscation of the goods and equipment of apparel manufacturers and contractors for violation of provisions of the labor law relating to the apparel industry. This bill was reported and referred to Codes.

A6979 (John): This bill enacts the state contractor employees’ whistleblower protection act, in which private employees working under procurement contracts from the state have an obligation to ensure that government money is not wasted, and that their employer and fellow employees, prevent improper activity. This bill was reported and referred to Codes.

A6990 (Rivera P): This bill mandates that public contractors and their subcontractors doing business with the State agree to post and abide by procedures allowing their employees to report acts of fraud against the State at a construction site. This bill requires that workers on excavation projects conduction in the public, right-of-way be paid a prevailing wage. This bill was reported and referred to Codes.

A7019 (John): This bill establishes on-track safety standards for New York City Transit Authority employees. This bill was reported, passed the Assembly and delivered to the Senate.

A7066 (Colton): This bill authorizes the owners/partners of registered limited liability partnerships and members of limited liability companies and professional service limited liability companies to purchase workers’ compensation coverage for themselves. This bill was reported, passed the Assembly and delivered to the Senate.

A7185 (John)/S3893 (Spano): This bill enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities based on information that the employee reasonably believes to be true. This bill was reported, passed the Assembly and delivered to the Senate.

A7334 (Latimer)/S3130 (Spano): This bill provides that the failure of a contractor or sub-contractor on a public works project to post a statement of wage rates and supplements shall be subject to prosecution as a misdemeanor and subject to a civil penalty of not less than five hundred nor more than one thousand dollars. This bill was reported, passed the Assembly and delivered to the Senate.

A7513A (Tonko)/S4605A (Wright): This bill relates to certain requirements for certification of utility system contract workers. This bill was reported and referred to Ways and Means.

A7566 (John)/S5046 (Rules): This bill sets for comprehensive statewide standards for plumbing work and materials in commercial projects and residential housing. This bill was reported, passed the Assembly and delivered to the Senate.

A7990 (John)/S3382 (Maziarz): This bill establishes whenever a recipient of a higher education capital matching grant enters into any contract, subcontract, lease, grant, bond, covenant or other agreement for or in connection with certain projects it shall be deemed a public works project. This bill was reported and referred to Ways and Means.

A8067B (Bradley): This bill prohibits employers from using an employee’s social security number for identification purposes. This bill was reported and referred to Rules.

A8669 (John)/S5427 (Maziarz): This bill requires state contracts to include a provision mandating all services performed under such contract be performed within the United States unless such services are not available within the U.S. This bill was ordered to the 3rd calendar reading.

A8713A (Farrell)/S5612A (Winner): This bill relates to the collection of contributions to the special disability fund and the administrative expenses of the workers’ compensation board and increases the threshold for specialists in workers’ compensation cases. This bill was reported, passed the Assembly and delivered to the Senate.

A8840A (John)/S5728A (Rules): This bill provides for the rates of payment to general hospitals for the treatment and care of injured employees under workers’ compensation for certain spinal procedures. This bill was reported, passed the Assembly and delivered to the Senate.

A8898 (John): This bill increases the threshold regarding preauthorization to utilize specialists in workers’ compensation cases from $500 to $1500. This bill was reported and referred to Ways and Means.

A748 (Destito)/S4806 (Maziarz): This bill prohibits any municipality from entering into a contract for the provision of fire protection, suppression, prevention or training services with any entity not established by a municipality and subject to the supervision of the municipality establishing such entity. This bill was delivered to the Governor and vetoed (Veto message 16).

A1201 (Nolan)/S5451 (Maziarz): This bill allows payment of reasonable funeral expenses for police officers who die from injuries received in the line of duty as a direct result of law enforcement activities. This bill was delivered to the Governor and signed into law (Chapter 245 of the laws of 2005).

A2578 (Brodsky)/S4549 (Leibell): This bill requires that contractors and subcontractors give written notification to workers employed on public work projects of the right to receive prevailing wages; it stipulates certain other notice and posting requirements. This bill was delivered to the Governor and vetoed (Veto message 105).

A3163 (John)/S4818 (Maziarz): This bill makes provisions ensuring compensation for the deaths or permanent or temporary (partial or total) disabilities of employees of hospitals arising from accident or disablement from an occupational disease or injury occurring as a result of rescue and treatment activity in connection with the World Trade Center attacks. This bill was delivered to the Governor and vetoed (Veto message 116).

A3292 (John)/S3008 (Spano): This bill provides that employers and employees of a residential facility for individuals with disabilities may enter into agreements which confer jurisdiction of the New York State Employment Relations Board and include card check as means to determine a collective bargaining agent. This bill was delivered to the Governor and vetoed (Veto message 100).

A3353 (John)/S3013 (Fuschillo): This bill requires that specifications and contracts for the construction, reconstruction, maintenance and/or repair of public work to which the state or a municipality is a party shall contain provisions requiring that all laborers, workers, and mechanics be certified as having successfully completed a 10 hour course in construction safety and health approved by the US Department of Labor’s Occupational Safety and Health Administration. This bill was delivered to the Governor and vetoed (Veto message 71).

A5398 (Abbate)/S4184 (Maziarz): This bill permits workers’ compensation referees to engage in any employment that does not conflict with the proper performance of the duties of such referee’s office and is not inconsistent with the public officers law. This bill was delivered to the Governor and signed into law (Chapter 674 of the laws of 2005).

A5502 (John)/S2173 (Maziarz): This bill extends provisions relating to the establishment of an alternative dispute resolution system to resolve compensation claims arising from injuries sustained at construction sites. This bill was delivered to the Governor and signed into law (Chapter 649 of the laws of 2005).

A5802 (Hoyt)/S977 (Maziarz): This bill allows a person entitled to a death benefit to request his or her compensation payments to be directly deposited in a bank if such person’s employer or such employer’s insurance carrier has elected to permit the direct deposit of such compensation payments. This bill was delivered to the Governor and signed into law (Chapter 70 of the laws of 2005).

A6056A (John)/S4949 (Maziarz): This bill requires employers who employ firefighters to provide such firefighters with proper safety ropes and harnesses. This bill was delivered to the Governor and vetoed (Veto message 111).

A6338 (John)/S2155 (Maziarz): This bill makes certain provisions relating to rates for workers' compensation permanent and repeals certain provisions relating to adjusting the base rates of workers’ compensation for certain employments. This bill was delivered to the Governor and signed into law (Chapter 86 of the laws of 2005).

A6579 (John)/S5410 (Maziarz): This bill relates to the inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage. This bill was delivered to the Governor and vetoed (Veto message 113).

A6622 (John)/S5464: This bill requires certain supervisors to maintain a daily headcount on all workers for all contracts requiring prevailing wage rates; requires such records to be kept for at least three years after the completion of the project. This bill was delivered to the Governor and vetoed (Vet 96.

A6623A (John)/S3598 (Maziarz): This bill increases the moneys accumulated in the public work enforcement fund to ensure that staffing levels are maintained at an appropriate level and appropriates $2,400,000 therefor. This bill was delivered to the Governor and signed into law (Chapter 407 of the laws of 2005).

A6625 (John)/S3284 (Spano): This bill provides for public access (public inspection and copying) to certain records of public entities regarding certain public work and building service employees (i.e., records or portions thereof pertaining to the employee classifications of, rate of wages and supplements paid to, and number of hours worked by the employees of contractors classified as apprentices); provides for redaction of social security numbers. This bill was delivered to the Governor and vetoed (Veto message 85).

A6627 (John)/S3282 (Spano): This bill requires any person, corporation or other business entity contracting with the state to submit to the Commissioner of Labor a list of independent contractors hired by such person, corporation or other business entity; requires that a fee of ten dollars per independent contractor be paid upon the submission of such list; provides that monies from such fees shall be used to fund the prevailing wage enforcement fund to prosecute violations of law relating to the misclassification of independent contractors. This bill was delivered to the Governor and vetoed (Veto message 84).

A7184 (Benedetto)/S3250 (Maziarz): This bill requires employers to maintain proof of age of employees claiming to be between 18 and 25 years of age and provides for the institution of criminal penalties in the form of misdemeanor for persons or corporations knowingly violating employment of minors laws. This bill was delivered to the Governor and signed into law (Chapter 660 of the laws of 2005).

A7483 (DiNapoli)/S4890 (Fuschillo): This bill clarifies that subcontractors who fail to pay prevailing wages are subject to the same criminal penalties as contractors who fail to pay such wage. This bill was delivered to the Governor and signed into law (Chapter 720 of the laws of 2005).

A8336 (John)/S5486 (Rules): This bill relates to the renovation of cafeterias in school districts located in cities with a population of one million or more by requiring the Commissioner of Labor to establish air temperature standards and cooling requirements for such cafeteria kitchens. This bill was delivered to the Governor and vetoed (Veto message 21).

A8828 (John)/S5748 (Maziarz): This was a Governor’s program bill to alter State unemployment insurance laws to conform with federal law requirements for the operation of the Unemployment Insurance Fund. This bill was delivered to the Governor and signed into law (Chapter 391 of the laws of 2005).

A8918 (Canestrari)/S5774 (Little): This bill relates to excluding certain volunteers from the definition of employee for purposes of minimum wage requirements where such volunteers work at a recreational or amusement event which lasts less than 8 days and such employer provides written notice of such minimum wage exemption. This bill was delivered to the Governor and signed into law (Chapter 640 of the laws of 2005).

A8940 (John)/S5773 (Spano): This bill requires public employers to develop and implement programs to prevent and minimize workplace violence. It allows any public employee or representative of public employees who believe that a serious violation of a safety or health standard exists that creates an imminent danger to request an immediate inspection by the Commissioner of Labor. This bill was delivered to the Governor and vetoed (Veto message 92).

A8985 (John)/S5843 (Fuschillo): This bill establishes the requirement that certain public work contracts contain a provision that laborers, workers and mechanics be certified as having completed a course in construction safety and health approved by OSHA shall take effect one year after it shall have become a law. This bill was delivered to the Governor and vetoed (Veto message 79).

TO FLOOR; NOT RETURNING TO COMMITTEE

TO FLOOR; RECOMMITTED AND DIED

TO WAYS AND MEANS

TO CODES

TO RULES

TO JUDICIARY

TOTAL

TO ways and means COMMITTEE

TO higher education COMMITTEE

TO insurance COMMITTEE

TO ______________ COMMITTEE

TOTAL

SUBSTITUTED

RECALLED

TOTAL