LL #03-2005Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
MHUM
anof--- Wappinger -----------------------------------------------------------------------
Local Law No. --------#3 ________________________ of the year 2005 ---
A local law _entitled "Local Law No. #3 of the YEar__2005,_ Apprenticeship_ Training
(Insert TWO
Prdgrams__for_ Town _Construction_ Contracts" ___________________ _
Be It enacted by the-----------QW_&oAr&------------------------------------------------------------- of the
(Name ofLcgislative Body)
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Z of ---- {SAP_Fiager----------------------------------------------------------------------- as follows:
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TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99) (1)
LOCAL LAW NO. #3 OF THE YEAR 2005
A Local Law entitled "Local Law No. #3 of the Year 2005, Apprenticeship
Training Programs for Town Construction Contracts".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger Local Law No.
#3 of the Year 2005 entitled "Local Law No. #3 of the Year 2005, Apprenticeship
Training Programs for Town Construction Contracts" and by the adoption hereof shall
create and add Chapter 103 to the Code of the Town of Wappinger.
Section II:
The Town hereby adopts a new Chapter 103 to the Code of the Town of Wappinger
to read as follows:
"CHAPTER 103
APPRENTICESHIP TRAINING PROGRAMS
FOR TOWN CONSTRUCTION CONTRACTS
§103-1. Title.
This Chapter shall be entitled "Apprenticeship Training Programs for
Town Construction Contracts."
§103-2. Legislative Intent and Purpose.
The legislative intent and purpose of this Local Law is to adopt a policy to
promote apprenticeship training as authorized by §816-b of the New York
State Labor Law by requiring that all contractors and/or subcontractors to
a construction contract in which the Town of Wappinger is a direct or
indirect party shall be required to have apprenticeship training programs
that have been registered with and approved by the New York State
Commissioner of Labor prior to entering into such construction contract
with the Town of Wappinger. Contracts awarded for less than Twenty
Thousand Dollars ($20,000) shall exempt a contractor or a subcontractor
from the provisions of this Chapter.
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§103-3. Apprenticeship Agreements Required.
A. The Town of Wappinger hereby requires any contractor prior to
entering in a construction contract with the Town of Wappinger, or
any subcontractor entering into a contract with a contractor who has a
construction contract with the Town of Wappinger, to have
apprenticeship agreements appropriate for the type and scope of work
to be performed and which have been registered with, and approved
by, the New York State Commissioner of Labor in accordance with
Article 23 of the New York State Labor Law, notwithstanding
anything to the contrary contained in Section 103 of the New York
General Municipal Law or the Procurement Policy of the Town of
Wappinger pursuant to Chapter 46 of the Code of the Town of
Wappinger.
B. Construction contracts as defined herein awarded for less than Twenty
Thousand Dollars ($20,000) shall be exempt from the provisions of
this Chapter.
§103-4. Definitions.
A. "Construction Contract" shall mean any contract awarded by the
Town of Wappinger for Twenty Thousand Dollars ($20,000) or
more to which the Town of Wappinger may be a direct or indirect
party which involves the construction, reconstruction,
improvement, rehabilitation, maintenance, repair, furnishing,
equipping of or otherwise providing for any building, facility or
physical structure of any kind.
B. "Contractor" or "Subcontractor" subject to the provisions of this
Chapter shall mean a contractor or subcontractor which directly
employs labor under a construction contract for which an
apprentice program has been approved by the New York State
Commissioner of Law in accordance with Article 23 of the New
York Labor Law."
Section III: Applicability.
This Local Law shall apply to construction contracts advertised for bid on and after
the effective date as hereinafter provided.
O:\Wappingeffown Board\LOCAL LAMBEW\Local Law.doc
Section IV: Separability.
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, or
unconstitutionality, or inapplicability, shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this local law or their
application to other persons or circumstances. It is hereby declared to be the legislative
intent of the Town Board of the Town of Wappinger that this Local Law would have
been adopted if such illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable, had been
specifically exempt therefrom.
Section V: Effective Date:
This Local Law shall become effective immediately upon filing with the
Secretary of State as provided by law.
0AWappingeffown Board\LOCAL LAMBEMLocal Law.doc
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No- ----- U --------------------------- of 20__05_
of the I I )(Town)( of----VappingeL_____________________________________________ was duly passed by the
Town oard '----- ---------_ _ on A;zri1_25,___ 20 05 in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No- ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
------------------------- on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20 -----
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No- ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ------------------------------------------------- on ------------------- 20---- . Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (gene ral)(special)(annual) election held on ------------------ 20._-_ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No- ___________________________________ -of 20______
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------
20---_ , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20L___ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ----- I------- above.
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Attorney
Title
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(3)