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

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

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Passed) 2024-09-06 - approval memo.5 [A09265 Detail]

Download: New_York-2023-A09265-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9265--A

                   IN ASSEMBLY

                                    February 23, 2024
                                       ___________

        Introduced  by  M.  of  A.  BRONSON,  GONZALEZ-ROJAS,  SHRESTHA,  REYES,
          L. ROSENTHAL, LUCAS, JACOBSON,  SAYEGH,  SHIMSKY,  ROZIC,  BORES,  RA,
          GANDOLFO, LUNSFORD -- read once and referred to the Committee on Labor
          --  reported  and  referred  to the Committee on Codes -- reported and
          referred to the Committee on Ways and Means --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        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 fiscal officer

          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.  "Fiscal officer" for purposes of this section shall have the  same
     9  meaning  as  set forth in paragraph e of subdivision five of section two
    10  hundred twenty of this article.
    11    c. "Subcontractor" means any entity subcontracting with  a  contractor
    12  to  perform  construction, demolition, reconstruction, excavation, reha-
    13  bilitation, repair,  installation,  renovation,  alteration,  or  custom
    14  fabrication, which is subject to the provisions of this article.
    15    d.  "Covered  project"  means any project subject to the provisions of
    16  this article, including  but  not  limited  to,  public  work  projects,
    17  privately  owned  prevailing  wage  projects  and  those  subject to the
    18  provisions of sections two hundred twenty-four-a,  two  hundred  twenty-
    19  four-d and sections two hundred twenty-four-f of this article.
    20    e. "Monthly" means at least once every thirty days while work is being
    21  performed  on  a  covered project and within thirty days after the final
    22  day of work was performed on the covered project.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14231-07-4
        A. 9265--A                          2

     1    2. Each contractor and subcontractor  working  on  a  covered  project
     2  shall  furnish records consistent with subparagraph (iii) of paragraph a
     3  of subdivision three-a of section two hundred  twenty  of  this  article
     4  directly to the fiscal officer in the following manner:
     5    a.  submit  records  monthly  unless  such  covered  project  contract
     6  requires more frequent reporting requirements;
     7    b. in an electronic format, in a manner prescribed by the  commission-
     8  er, on the department's website;
     9    c.  provide  documentation  of  each  fund,  plan or program where any
    10  supplement has been paid or provided for; and
    11    d. provide a copy of the payment bond required by section one  hundred
    12  thirty-seven of the state finance law, including all information open to
    13  public inspection.
    14    3.  a.  A  contractor  or  subcontractor  who fails to furnish records
    15  pursuant to this section relating to its employees, shall be subject  to
    16  a penalty by the fiscal officer of one hundred dollars for each day such
    17  contractor or subcontractor is in violation of this section.
    18    b.  The  fiscal  officer  shall  not  level a penalty pursuant to this
    19  subdivision until such contractor or subcontractor fails to furnish such
    20  electronic records fourteen days after the  requirements  set  forth  in
    21  paragraph a of subdivision two of this section.
    22    c.  Such  penalties  pursuant to this subdivision shall only accrue to
    23  the actual contractor  or  subcontractor  who  failed  to  furnish  such
    24  required records.
    25    d.   All penalties collected pursuant to this section shall be used by
    26  the fiscal officer for prevailing wage enforcement.
    27    e.  The fiscal officer shall undertake activities it  deems  necessary
    28  to monitor and enforce compliance with this section.
    29    4.  No later than December thirty-first, two thousand twenty-four, the
    30  department shall develop and implement an online database of  electronic
    31  certified payroll records submitted pursuant to this section. Such data-
    32  base  shall be publicly accessible, but not include personally identifi-
    33  able information. Such database  shall  be  searchable,  including  each
    34  available  payroll record subset.  In a city with a population in excess
    35  of one million, the commissioner shall  ensure  access  to  such  online
    36  database  is provided to the fiscal officer in a manner that allows such
    37  officer to monitor and enforce the provisions of this section.
    38    § 2. This act shall take effect immediately.