Bill Text: NY A09265 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires contractors and subcontractors working on covered projects submit their payrolls or transcripts to the commissioner; directs the department to create a database for such records that are publicly available for inspection.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-02-23 - referred to labor [A09265 Detail]

Download: New_York-2023-A09265-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9265

                   IN ASSEMBLY

                                    February 23, 2024
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor

        AN ACT to amend the labor law, in relation to requiring contractors  and
          subcontractors employed by the state to submit their payrolls or tran-
          scripts to the commissioner

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section  220-j  to
     2  read as follows:
     3    § 220-j. Payroll reporting requirements. 1. As used in this section:
     4    a.  "Contractor"  means any entity entering into a contract to perform
     5  construction, demolition,  reconstruction,  excavation,  rehabilitation,
     6  repair,  installation,  renovation,  alteration,  or custom fabrication,
     7  which is subject to the provisions of this article.
     8    b. "Subcontractor" means any entity subcontracting with  a  contractor
     9  to  perform  construction, demolition, reconstruction, excavation, reha-
    10  bilitation, repair,  installation,  renovation,  alteration,  or  custom
    11  fabrication, which is subject to the provisions of this article.
    12    c.  "Covered  project"  means any project subject to the provisions of
    13  this article, including  but  not  limited  to,  public  work  projects,
    14  privately  owned  prevailing  wage  projects  and  those  subject to the
    15  provisions of sections two hundred twenty-four-a,  two  hundred  twenty-
    16  four-d and sections two hundred twenty-four-f of this article.
    17    d. "Monthly" means at least once every thirty days while work is being
    18  performed  on  a  covered project and within thirty days after the final
    19  day of work was performed on the covered project.
    20    2. Each contractor and subcontractor  working  on  a  covered  project
    21  shall  furnish records consistent with subparagraph (iii) of paragraph a
    22  of subdivision three-a of section two hundred  twenty  of  this  article
    23  directly to the commissioner in the following manner:
    24    a.  submit  records  monthly  unless  such  covered  project  contract
    25  requires more frequent reporting requirements;
    26    b. in an electronic format, in a manner prescribed by the  commission-
    27  er, on the department's website;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14231-03-4
        A. 9265                             2

     1    c.  provide  documentation  of  each  fund,  plan or program where any
     2  supplement has been paid or provided for; and
     3    d.  provide a copy of the payment bond required by section one hundred
     4  thirty-seven of the state finance law, including all information open to
     5  public inspection.
     6    3. a. A contractor or  subcontractor  who  fails  to  furnish  records
     7  pursuant  to this section relating to its employees, shall be subject to
     8  a penalty by the commissioner of one hundred dollars for each  day  such
     9  contractor or subcontractor is in violation of this section.
    10    b.  The commissioner shall not level a penalty pursuant to this subdi-
    11  vision until such contractor or  subcontractor  fails  to  furnish  such
    12  electronic  records  fourteen  days  after the requirements set forth in
    13  paragraph a of subdivision two of this section.
    14    c. Such penalties pursuant to this subdivision shall  only  accrue  to
    15  the  actual  contractor  or  subcontractor  who  failed  to furnish such
    16  required records.
    17    d.  All penalties collected pursuant to this section shall be used  by
    18  the department for prevailing wage enforcement.
    19    e.    The  department shall undertake activities it deems necessary to
    20  monitor and enforce compliance with this section.
    21    4. No later than December thirty-first, two thousand twenty-four,  the
    22  department  shall develop and implement an online database of electronic
    23  certified payroll records submitted pursuant to this section. Such data-
    24  base shall be publicly accessible, but not include personally  identifi-
    25  able  information.  Such  database  shall  be searchable, including each
    26  available payroll record subset.
    27    § 2. This act shall take effect immediately.