BILL NO S03273A
SAME AS No same as
SPONSOR HASSELL-THOMPSON
COSPNSR
MLTSPNSR
Add S223-a, amd SS220, 231 & 233, Lab L; amd S103, Gen Muni L; amd SS87 & 89,
Pub Off L; amd SS1 & 2, Chap 511 of 1995
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
3273--A
2011-2012 Regular Sessions
I N S E N A T E
February 15, 2011
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Labor -- recom-
mitted to the Committee on Labor in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, the general municipal law and the public
officers law, in relation to the omnibus prevailing wage enforcement
act and to amend chapter 511 of the laws of 1995, relating to estab-
lishing a public work enforcement fund and making an appropriation
therefor, in relation to moneys accumulated in the public work
enforcement fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "omnibus
2 prevailing wage enforcement act".
3 S 2. The labor law is amended by adding a new section 223-a to read as
4 follows:
5 S 223-A. PREVAILING WAGE FRAUD INSPECTOR GENERAL. 1. DEFINITIONS.
6 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
7 (A) "INSPECTOR GENERAL" MEANS THE PREVAILING WAGE FRAUD INSPECTOR
8 GENERAL CREATED BY THIS SECTION.
9 (B) "ASSISTANT INSPECTOR GENERAL" MEANS A PREVAILING WAGE FRAUD
10 ASSISTANT INSPECTOR GENERAL CREATED BY THIS SECTION.
11 2. APPOINTMENT, COMPENSATION AND REMOVAL. NOTWITHSTANDING ANY OTHER
12 PROVISION OF LAW, THE GOVERNOR SHALL APPOINT THE INSPECTOR GENERAL. THE
13 BOARD SHALL EMPLOY AND THE GOVERNOR SHALL FIX THE COMPENSATION OF THE
14 INSPECTOR GENERAL. THE INSPECTOR GENERAL SHALL, AND MAY DO SO WITHOUT
15 CIVIL SERVICE EXAMINATION, APPOINT AND THE BOARD SHALL EMPLOY, SUCH
16 ASSISTANT INSPECTOR GENERAL AND OTHER PERSONS AS HE OR SHE DEEMS NECES-
17 SARY, DETERMINE THEIR DUTIES AND FIX THEIR COMPENSATION. SUCH ASSISTANT
18 INSPECTOR GENERAL SHALL ASSIST THE INSPECTOR GENERAL IN CARRYING OUT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07602-02-2
S. 3273--A 2
1 INSPECTOR GENERAL'S DUTIES AND RESPONSIBILITIES AS SET FORTH IN THIS
2 SECTION AND SHALL HAVE SUCH POWERS AS GRANTED THE INSPECTOR GENERAL
3 UNDER THIS SECTION. EMPLOYEES APPOINTED PURSUANT TO THIS SECTION WITH-
4 OUT CIVIL SERVICE EXAMINATION SHALL BE PLACED IN THE NONCOMPETITIVE
5 CLASS OF THE COMPETITIVE SERVICE PURSUANT TO SUBDIVISION TWO-A OF
6 SECTION FORTY-TWO OF THE CIVIL SERVICE LAW AND SHALL SERVE AT THE PLEAS-
7 URE OF THE GOVERNOR.
8 3. POWERS, DUTIES AND RESPONSIBILITIES. THE INSPECTOR GENERAL SHALL
9 INVESTIGATE VIOLATIONS OF THE LAWS AND REGULATIONS PERTAINING TO THE
10 OPERATION OF PREVAILING WAGE PROVISIONS. THE INSPECTOR GENERAL SHALL
11 HAVE THE FOLLOWING POWERS, DUTIES AND FUNCTIONS:
12 (A) TO CONDUCT AND SUPERVISE INVESTIGATIONS, WITHIN OR WITHOUT THIS
13 STATE, OF POSSIBLE FRAUD AND OTHER VIOLATIONS OF LAWS, RULES AND REGU-
14 LATIONS PERTAINING TO PREVAILING WAGE PROVISIONS;
15 (B) TO SUBPOENA WITNESSES, ADMINISTER OATHS OR AFFIRMATIONS, TAKE
16 TESTIMONY AND COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
17 DOCUMENTS AS THE INSPECTOR GENERAL MAY DEEM TO BE RELEVANT TO AN INVES-
18 TIGATION UNDERTAKEN PURSUANT TO THIS SECTION;
19 (C) TO REPORT TO THE ATTORNEY GENERAL OR OTHER APPROPRIATE LAW
20 ENFORCEMENT AGENCY, VIOLATIONS FOUND THROUGH INVESTIGATIONS UNDERTAKEN
21 PURSUANT TO THIS SECTION AND TO PROVIDE SUCH MATERIALS AND ASSISTANCE AS
22 MAY BE NECESSARY OR APPROPRIATE FOR THE SUCCESSFUL INVESTIGATION AND
23 PROSECUTION OF VIOLATIONS OF THIS CHAPTER;
24 (D) TO SUBMIT A WRITTEN REPORT, ON AN ANNUAL BASIS, TO THE GOVERNOR
25 AND TO THE CHAIR OF THE BOARD, LISTING ALL ACTIVITIES UNDERTAKEN TO THE
26 EXTENT SUCH ACTIVITIES CAN BE DISCLOSED PURSUANT TO SUBDIVISION FIVE OF
27 THIS SECTION; AND
28 (E) TO RECOMMEND LEGISLATIVE AND REGULATORY CHANGES TO THE GOVERNOR
29 AND TO THE CHAIR OF THE BOARD.
30 4. COOPERATION OF AGENCY OFFICIALS AND EMPLOYEES. (A) IN ADDITION TO
31 THE AUTHORITY OTHERWISE PROVIDED BY THIS SECTION, THE INSPECTOR GENERAL,
32 IN CARRYING OUT THE PROVISIONS OF THIS SECTION, IS AUTHORIZED:
33 (I) TO HAVE FULL AND UNRESTRICTED ACCESS TO ALL RECORDS, REPORTS,
34 AUDITS, REVIEWS, DOCUMENTS, PAPERS, RECOMMENDATIONS OR OTHER MATERIAL
35 MAINTAINED BY THE BOARD OR ANY OTHER STATE AGENCY RELATING TO PREVAILING
36 WAGE PROVISIONS, WITH RESPECT TO WHICH THE INSPECTOR GENERAL HAS RESPON-
37 SIBILITIES UNDER THIS SECTION; AND
38 (II) TO REQUEST SUCH INFORMATION, ASSISTANCE AND COOPERATION FROM ANY
39 FEDERAL, STATE OR LOCAL GOVERNMENT, DEPARTMENT, BOARD, BUREAU, COMMIS-
40 SION, OR OTHER AGENCY OR UNIT THEREOF AS MAY BE NECESSARY FOR CARRYING
41 OUT THE DUTIES AND RESPONSIBILITIES ENJOINED UPON THE INSPECTOR GENERAL
42 BY THIS SECTION. STATE AND LOCAL AGENCIES OR UNITS THEREOF ARE HEREBY
43 AUTHORIZED AND DIRECTED TO PROVIDE SUCH INFORMATION, ASSISTANCE AND
44 COOPERATION.
45 (B) NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE WITH, OBSTRUCT
46 OR OTHERWISE HINDER ANY INVESTIGATION BEING CONDUCTED PURSUANT TO THIS
47 SECTION.
48 5. DISCLOSURE OF INFORMATION. THE INSPECTOR GENERAL SHALL NOT PUBLICLY
49 DISCLOSE INFORMATION WHICH IS:
50 (A) A PART OF AN ONGOING INVESTIGATION OR PROSECUTION; OR
51 (B) SPECIFICALLY PROHIBITED FROM DISCLOSURE BY ANY OTHER PROVISION OF
52 LAW.
53 S 3. Sections 1 and 2 of chapter 511 of the laws of 1995, relating to
54 establishing a public work enforcement fund and making an appropriation
55 therefor, as amended by chapter 407 of the laws of 2005, are amended to
56 read as follows:
S. 3273--A 3
1 Section 1. The state comptroller shall establish a public work
2 enforcement fund. Each state agency or public benefit corporation enter-
3 ing into a contract for any construction, reconstruction, renovation,
4 repair, maintenance or other improvement, as defined in subdivision 2 of
5 section 220 of the labor law, shall make a transfer of 0.10 of one
6 percent of the total cost of the contract to such fund. All transfers
7 shall be made available to the labor department for labor law enforce-
8 ment. All moneys transferred to and accumulated in the public work
9 enforcement fund shall be dedicated to enforcement of labor law articles
10 8 and 9 and all moneys appropriated from such fund shall be used for
11 such purpose. Provided further that such dedicated funds shall be used
12 for training, labor and related costs for investigators, hearing offi-
13 cers and administrative staff to ensure that staffing levels for such
14 personnel are maintained at [an appropriate level] A LEVEL EQUAL TO OR
15 GREATER THAN THE STAFFING LEVEL FOR SUCH PERSONNEL FOR FISCAL YEAR
16 2006-2007.
17 S 2. The sum of [two million four hundred thousand dollars
18 ($2,400,000), or so much thereof as may be] MONEYS SO accumulated[,] is
19 hereby appropriated to the department of labor from any moneys credited
20 to the public work enforcement fund created pursuant to section one of
21 this act for the purposes of carrying out the provisions of this act.
22 Such sum shall be payable on the audit and warrant of the state comp-
23 troller on vouchers certified or approved by the commissioner of labor,
24 or his duly designated representative in the manner provided by law. No
25 expenditure shall be made from this appropriation until a certificate of
26 approval of availability shall have been issued by the director of the
27 budget and filed with the state comptroller and a copy filed with the
28 chair of the senate finance committee and the chair of the assembly ways
29 and means committee. Such certificate may be amended from time to time
30 by the director of the budget and a copy of each such amendment shall be
31 filed with the state comptroller, the chair of the senate finance
32 committee and the chair of the assembly ways and means committee.
33 S 4. Section 220 of the labor law is amended by adding a new subdivi-
34 sion 10 to read as follows:
35 10. IN ANY INSTANCE WHERE THE VARIATION BETWEEN THE LOW BID ON ANY
36 PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE STATE, ANY MUNICIPAL CORPO-
37 RATION OR PUBLIC BODY AND THE NEXT LOWEST BID IS TEN PERCENT OR MORE, OR
38 IS TEN PERCENT LOWER THAN THE CONTRACTING ENTITY'S ESTIMATE OF THE
39 PROJECT COST, THE LOW BIDDER SHALL PROVIDE PROOF TO THE SATISFACTION OF
40 THE CONTRACTING ENTITY THAT THE PREVAILING WAGE SHALL BE PAID, OR SUCH
41 BID SHALL BE REJECTED.
42 S 5. Section 231 of the labor law is amended by adding a new subdivi-
43 sion 8 to read as follows:
44 8. IN ANY INSTANCE WHERE THE VARIATION BETWEEN THE LOW BID ON ANY
45 PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE STATE, ANY MUNICIPAL CORPO-
46 RATION OR PUBLIC BODY AND THE NEXT LOWEST BID IS TEN PERCENT OR MORE, OR
47 IS TEN PERCENT LOWER THAN THE CONTRACTING ENTITY'S ESTIMATE OF THE
48 PROJECT COST, THE LOW BIDDER SHALL PROVIDE PROOF TO THE SATISFACTION OF
49 THE CONTRACTING ENTITY THAT THE PREVAILING WAGE SHALL BE PAID, OR SUCH
50 BID SHALL BE REJECTED.
51 S 6. Section 220 of the labor law is amended by adding a new subdivi-
52 sion 6-a to read as follows:
53 6-A. THE FISCAL OFFICER SHALL REQUIRE EACH ENGINEER-IN-CHARGE OR OTHER
54 AGENT WHO HAS DIRECT SUPERVISION OF THE EXECUTION OF THE CONTRACT
55 REPRESENTING THE CONTRACTING AGENCY OTHER THAN THE CONTRACTOR OR HIS OR
56 HER EMPLOYEES ON ALL CONTRACTS REQUIRING PREVAILING WAGE RATES TO RECORD
S. 3273--A 4
1 A DAILY HEADCOUNT OF ALL WORKERS ON A PROJECT SITE, SEPARATELY ENUMER-
2 ATED REGARDING EACH CLASSIFICATION OF WORKER INCLUDING HOURS WORKED AT
3 REGULAR, OVERTIME OR HOLIDAY PAY AS CLASSIFIED IN THE PREVAILING WAGE
4 RATE SCHEDULE. SUCH RECORDS SHALL BE SUBMITTED TO THE FISCAL OFFICER AND
5 SHALL BE MAINTAINED BY THE FISCAL OFFICER FOR THREE YEARS AFTER THE
6 FINAL ACCEPTANCE OF THE PROJECT. KNOWINGLY PROVIDING THE FISCAL OFFICER
7 WITH FALSE RECORDS SHALL BE A MISDEMEANOR.
8 S 7. Subdivision 1 of section 103 of the general municipal law, as
9 amended by section 1 of chapter 2 of the laws of 2012, is amended to
10 read as follows:
11 1. Except as otherwise expressly provided by an act of the legislature
12 or by a local law adopted prior to September first, nineteen hundred
13 fifty-three, all contracts for public work involving an expenditure of
14 more than thirty-five thousand dollars WHICH ARE SUBJECT TO THE
15 PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, and all purchase contracts
16 involving an expenditure of more than twenty thousand dollars, shall be
17 awarded by the appropriate officer, board or agency of a political
18 subdivision or of any district therein including but not limited to a
19 soil conservation district to the lowest responsible bidder furnishing
20 the required security after advertisement for sealed bids in the manner
21 provided by this section, provided, however, that purchase contracts
22 (including contracts for service work, but excluding any purchase
23 contracts necessary for the completion of a public works contract pursu-
24 ant to article eight of the labor law) may be awarded on the basis of
25 best value, as defined in section one hundred sixty-three of the state
26 finance law, to a responsive and responsible bidder or offerer in the
27 manner provided by this section except that in a political subdivision
28 other than a city with a population of one million inhabitants or more
29 or any district, board or agency with jurisdiction exclusively therein
30 the use of best value for awarding a purchase contract or purchase
31 contracts must be authorized by local law or, in the case of a district
32 corporation, school district or board of cooperative educational
33 services, by rule, regulation or resolution adopted at a public meeting.
34 SUCH OFFICER, BOARD, OR AGENCY MAY REQUIRE RESPONSIBLE BIDDERS AND THEIR
35 SUBCONTRACTORS TO PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS
36 APPROVED BY THE DEPARTMENT OF LABOR. In any case where a responsible
37 bidder's or responsible offerer's gross price is reducible by an allow-
38 ance for the value of used machinery, equipment, apparatus or tools to
39 be traded in by a political subdivision, the gross price shall be
40 reduced by the amount of such allowance, for the purpose of determining
41 the best value. In cases where two or more responsible bidders furnish-
42 ing the required security submit identical bids as to price, such offi-
43 cer, board or agency may award the contract to any of such bidders. Such
44 officer, board or agency may, in his or her or its discretion, reject
45 all bids or offers and readvertise for new bids or offers in the manner
46 provided by this section. In determining whether a purchase is an
47 expenditure within the discretionary threshold amounts established by
48 this subdivision, the officer, board or agency of a political subdivi-
49 sion or of any district therein shall consider the reasonably expected
50 aggregate amount of all purchases of the same commodities, services or
51 technology to be made within the twelve-month period commencing on the
52 date of purchase. Purchases of commodities, services or technology
53 shall not be artificially divided for the purpose of satisfying the
54 discretionary buying thresholds established by this subdivision. A
55 change to or a renewal of a discretionary purchase shall not be permit-
56 ted if the change or renewal would bring the reasonably expected aggre-
S. 3273--A 5
1 gate amount of all purchases of the same commodities, services or tech-
2 nology from the same provider within the twelve-month period commencing
3 on the date of the first purchase to an amount greater than the discre-
4 tionary buying threshold amount. For purposes of this section, "sealed
5 bids" and "sealed offers", as that term applies to purchase contracts,
6 (including contracts for service work, but excluding any purchase
7 contracts necessary for the completion of a public works contract pursu-
8 ant to article eight of the labor law) shall include bids and offers
9 submitted in an electronic format including submission of the statement
10 of non-collusion required by section one hundred three-d of this arti-
11 cle, provided that the governing board of the political subdivision or
12 district, by resolution, has authorized the receipt of bids and offers
13 in such format. Submission in electronic format may, for technology
14 contracts only, be required as the sole method for the submission of
15 bids and offers. Bids and offers submitted in an electronic format shall
16 be transmitted by bidders and offerers to the receiving device desig-
17 nated by the political subdivision or district. Any method used to
18 receive electronic bids and offers shall comply with article three of
19 the state technology law, and any rules and regulations promulgated and
20 guidelines developed thereunder and, at a minimum, must (a) document the
21 time and date of receipt of each bid and offer received electronically;
22 (b) authenticate the identity of the sender; (c) ensure the security of
23 the information transmitted; and (d) ensure the confidentiality of the
24 bid or offer until the time and date established for the opening of bids
25 or offers. The timely submission of an electronic bid or offer in
26 compliance with instructions provided for such submission in the adver-
27 tisement for bids or offers and/or the specifications shall be the
28 responsibility solely of each bidder or offerer or prospective bidder or
29 offerer. No political subdivision or district therein shall incur any
30 liability from delays of or interruptions in the receiving device desig-
31 nated for the submission and receipt of electronic bids and offers.
32 S 8. Subdivision 1 of section 103 of the general municipal law, as
33 amended by section 2 of chapter 2 of the laws of 2012, is amended to
34 read as follows:
35 1. Except as otherwise expressly provided by an act of the legislature
36 or by a local law adopted prior to September first, nineteen hundred
37 fifty-three, all contracts for public work involving an expenditure of
38 more than thirty-five thousand dollars WHICH ARE SUBJECT TO THE
39 PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, and all purchase contracts
40 involving an expenditure of more than twenty thousand dollars, shall be
41 awarded by the appropriate officer, board or agency of a political
42 subdivision or of any district therein including but not limited to a
43 soil conservation district to the lowest responsible bidder furnishing
44 the required security after advertisement for sealed bids in the manner
45 provided by this section, provided, however, that purchase contracts
46 (including contracts for service work, but excluding any purchase
47 contracts necessary for the completion of a public works contract pursu-
48 ant to article eight of the labor law) may be awarded on the basis of
49 best value, as defined in section one hundred sixty-three of the state
50 finance law, to a responsive and responsible bidder or offerer in the
51 manner provided by this section except that in a political subdivision
52 other than a city with a population of one million inhabitants or more
53 or any district, board or agency with jurisdiction exclusively therein
54 the use of best value of awarding a purchase contract or purchase
55 contracts must be authorized by local law or, in the case of a district
56 corporation, school district or board of cooperative educational
S. 3273--A 6
1 services, by rule, regulation or resolution adopted at a public meeting.
2 SUCH OFFICER, BOARD, OR AGENCY MAY REQUIRE RESPONSIBLE BIDDERS AND THEIR
3 SUBCONTRACTORS TO PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS
4 APPROVED BY THE DEPARTMENT OF LABOR. In determining whether a purchase
5 is an expenditure within the discretionary threshold amounts established
6 by this subdivision, the officer, board or agency of a political subdi-
7 vision or of any district therein shall consider the reasonably expected
8 aggregate amount of all purchases of the same commodities, services or
9 technology to be made within the twelve-month period commencing on the
10 date of purchase. Purchases of commodities, services or technology shall
11 not be artificially divided for the purpose of satisfying the discre-
12 tionary buying thresholds established by this subdivision. A change to
13 or a renewal of a discretionary purchase shall not be permitted if the
14 change or renewal would bring the reasonably expected aggregate amount
15 of all purchases of the same commodities, services or technology from
16 the same provider within the twelve-month period commencing on the date
17 of the first purchase to an amount greater than the discretionary buying
18 threshold amount. In any case where a responsible bidder's or responsi-
19 ble offerer's gross price is reducible by an allowance for the value of
20 used machinery, equipment, apparatus or tools to be traded in by a poli-
21 tical subdivision, the gross price shall be reduced by the amount of
22 such allowance, for the purpose of determining the low bid or best
23 value. In cases where two or more responsible bidders furnishing the
24 required security submit identical bids as to price, such officer, board
25 or agency may award the contract to any of such bidders. Such officer,
26 board or agency may, in his, her or its discretion, reject all bids or
27 offers and readvertise for new bids or offers in the manner provided by
28 this section.
29 S 9. Section 220 of the labor law is amended by adding a new subdivi-
30 sion 11 to read as follows:
31 11. ALL PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE
32 FOR PUBLIC INSPECTION AND COPYING OF THE RECORDS OR PORTIONS THEREOF
33 PERTAINING TO THE NAMES OF, EMPLOYEE CLASSIFICATIONS OF, RATE OF WAGES
34 AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES OF
35 CONTRACTORS PERFORMING WORK PURSUANT TO THIS ARTICLE AND ARTICLE NINE OF
36 THIS CHAPTER. THE SOCIAL SECURITY NUMBERS OF SUCH EMPLOYEES MAY BE
37 BLOCKED OUT BY THE AGENCY. AN ENTITY SHALL NOT BE PERMITTED TO DENY
38 ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
39 AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY, THE EMPLOYEES OF
40 CONTRACTORS SUBJECT TO THIS ARTICLE AND ARTICLE NINE OF THIS CHAPTER.
41 S 10. Section 233 of the labor law is amended by adding a new subdivi-
42 sion 5 to read as follows:
43 5. ALL PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE
44 FOR PUBLIC INSPECTION AND COPYING OF THE RECORDS OR PORTIONS THEREOF
45 PERTAINING TO THE NAMES OF, EMPLOYEE CLASSIFICATIONS OF, RATE OF WAGES
46 AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES OF
47 CONTRACTORS PERFORMING WORK PURSUANT TO THIS ARTICLE AND ARTICLE EIGHT
48 OF THIS CHAPTER. THE SOCIAL SECURITY NUMBERS OF SUCH EMPLOYEES MAY BE
49 BLOCKED OUT BY THE AGENCY. AN ENTITY SHALL NOT BE PERMITTED TO DENY
50 ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
51 AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY, THE EMPLOYEES OF
52 CONTRACTORS SUBJECT TO THIS ARTICLE AND ARTICLE EIGHT OF THIS CHAPTER.
53 S 11. Subdivision 2 of section 87 of the public officers law is
54 amended by adding a new paragraph (m) to read as follows:
55 (M) PROVIDED THAT, NOTHING IN THIS SUBDIVISION SHALL PERMIT AN AGENCY
56 TO DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT
S. 3273--A 7
1 OF WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES
2 OF CONTRACTORS SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW. ALL
3 PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE FOR PUBLIC
4 INSPECTION AND COPYING OF SUCH RECORDS, THE NAMES OF, EMPLOYEE CLASSI-
5 FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
6 WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
7 CLES EIGHT AND NINE OF THE LABOR LAW. THE SOCIAL SECURITY NUMBERS OF
8 SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
9 S 12. Paragraph (a) of subdivision 2 of section 89 of the public offi-
10 cers law, as amended by section 11 of part U of chapter 61 of the laws
11 of 2011, is amended to read as follows:
12 (a) The committee on public access to records may promulgate guide-
13 lines regarding deletion of identifying details or withholding of
14 records otherwise available under this article to prevent unwarranted
15 invasions of personal privacy. In the absence of such guidelines, an
16 agency may delete identifying details when it makes records available,
17 PROVIDED HOWEVER, NOTHING IN THIS PARAGRAPH SHALL PERMIT THE DENIAL OF
18 ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
19 AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES OF
20 CONTRACTORS SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW. ALL
21 PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE FOR PUBLIC
22 INSPECTION AND COPYING OF SUCH RECORDS, THE NAMES OF, EMPLOYEE CLASSI-
23 FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
24 WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
25 CLES EIGHT AND NINE OF THE LABOR LAW. THE SOCIAL SECURITY NUMBERS OF
26 SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
27 S 13. Paragraph (b) of subdivision 2 of section 89 of the public offi-
28 cers law is amended by adding a new undesignated paragraph to read as
29 follows:
30 PROVIDED THAT, NOTHING IN THIS PARAGRAPH SHALL PERMIT AN AGENCY TO
31 DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF
32 WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY EMPLOYEES OF
33 CONTRACTORS SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW. IT
34 SHALL NOT BE AN UNWARRANTED INVASION OF PERSONAL PRIVACY FOR ALL PUBLIC
35 ENTITIES SUBJECT TO THIS ARTICLE, TO MAKE AVAILABLE FOR PUBLIC
36 INSPECTION AND COPYING, THE RECORDS OF ALL NAMES OF, EMPLOYEE CLASSI-
37 FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
38 WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
39 CLES EIGHT AND NINE OF THE LABOR LAW. THE SOCIAL SECURITY NUMBERS OF
40 SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
41 S 14. Subdivision 2-a of section 89 of the public officers law, as
42 added by chapter 652 of the laws of 1983, is amended to read as follows:
43 2-a. Nothing in this article shall permit disclosure which constitutes
44 an unwarranted invasion of personal privacy as defined in subdivision
45 two of this section if such disclosure is prohibited under section nine-
46 ty-six of this chapter, PROVIDED HOWEVER, THAT NOTHING IN THIS ARTICLE
47 SHALL PERMIT AN AGENCY TO DENY ACCESS TO RECORDS OR PORTIONS THEREOF
48 PERTAINING TO THE PAYMENT OF RATE OF WAGES AND SUPPLEMENTS TO, AND
49 NUMBER OF HOURS WORKED BY, EMPLOYEES OF CONTRACTORS SUBJECT TO ARTICLES
50 EIGHT AND NINE OF THE LABOR LAW. IT SHALL NOT BE AN UNWARRANTED INVASION
51 OF PERSONAL PRIVACY AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, NOR A
52 PROHIBITED DISCLOSURE UNDER SECTION NINETY-SIX OF THIS CHAPTER FOR ALL
53 PUBLIC ENTITIES SUBJECT TO THIS ARTICLE, TO MAKE AVAILABLE FOR PUBLIC
54 INSPECTION AND COPYING SUCH RECORDS OF ALL NAMES OF, EMPLOYEE CLASSI-
55 FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
56 WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
S. 3273--A 8
1 CLES EIGHT AND NINE OF THE LABOR LAW. THE SOCIAL SECURITY NUMBERS OF
2 SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
3 S 15. Subparagraph (iii) of paragraph a of subdivision 3-a of section
4 220 of the labor law, as amended by chapter 8 of the laws of 2008, is
5 amended to read as follows:
6 (iii) The contractor and every sub-contractor shall keep original
7 payrolls or transcripts thereof, subscribed and sworn to or affirmed by
8 him or her as true under the penalties of perjury, setting forth the
9 names and addresses and showing for each worker, laborer, or mechanic
10 the hours and days worked, the occupations worked, the hourly wage rates
11 paid and the supplements paid or provided. Where the contractor or sub-
12 contractor maintains no regular place of business in New York state and
13 where the amount of the contract is in excess of twenty-five thousand
14 dollars such payrolls shall be kept on the site of the work. All other
15 contractors or sub-contractors shall produce within five days on the
16 site of the work and upon formal order of the commissioner or his or her
17 designated representative such original payrolls or transcripts thereof,
18 subscribed and sworn to or affirmed by him or her as true under the
19 penalties of perjury, as may be deemed necessary to adequately enforce
20 the provisions of this article. Every contractor, and sub-contractor,
21 shall submit to the department of jurisdiction within thirty days after
22 issuance of its first payroll, and every thirty days thereafter, a tran-
23 script of the original payroll record, as provided by this article, AND
24 AT THE COMPLETION OF THE PROJECT A SUMMARY TRANSCRIPT SPECIFYING THE
25 HOURS AND DAYS WORKED BY EACH WORKMAN, LABORER OR MECHANIC, THE TRADE OR
26 OCCUPATION AT WHICH HE OR SHE WORKED, THE HOURLY WAGE RATE PAID, THE
27 SUPPLEMENTS PAID OR PROVIDED TO SUCH EMPLOYEE AND THE NAMES, TAX IDEN-
28 TIFICATION NUMBER AND JOB TITLE OF EACH INDIVIDUAL CLASSIFIED BY THE
29 CONTRACTOR OR SUBCONTRACTOR AS INDEPENDENT CONTRACTORS WHO WERE HIRED
30 AND EMPLOYED BY SUCH CONTRACTOR TO PERFORM WORK SUBJECT TO THE
31 PROVISIONS OF THIS ARTICLE. SUCH SUMMARY TRANSCRIPT SHALL BE subscribed
32 and sworn to or affirmed as true under the penalties of perjury. Any
33 person who wilfully fails to file such payroll records with the depart-
34 ment of jurisdiction shall be guilty of a class E felony. In addition,
35 any person who wilfully fails to file such payroll records within the
36 time specified in this subparagraph shall be subject to a civil penalty
37 of up to one thousand dollars per day. EACH INDEPENDENT CONTRACTOR
38 SHALL HAVE OBTAINED A TAX IDENTIFICATION NUMBER PRIOR TO EMPLOYMENT ON A
39 PROJECT AND SHALL SUBMIT SUCH NUMBER TO THE CONTRACTOR AS REQUIRED BY
40 THE COMMISSIONER.
41 S 16. Subdivision 3-a of section 220 of the labor law is amended by
42 adding a new paragraph f to read as follows:
43 F. WHERE THE CAPITAL CONSTRUCTION COST OF A PUBLIC WORK SUBJECT TO THE
44 PROVISIONS OF THIS SECTION EXCEEDS ONE MILLION DOLLARS, THE DEPARTMENT
45 OF JURISDICTION SHALL CERTIFY THAT THE PROJECT WILL BE AUDITED FROM TIME
46 TO TIME BY THE DEPARTMENT OF LABOR TO ENSURE COMPLIANCE WITH THE
47 PROVISIONS OF THIS ARTICLE. THE DEPARTMENT OF JURISDICTION SHALL INFORM
48 THE DEPARTMENT OF LABOR OF THE PROJECT'S COST AND SHALL ESTABLISH A
49 TIMETABLE FOR AUDIT BY THE DEPARTMENT OF LABOR.
50 S 17. Severability clause. If any clause, sentence, paragraph, subdi-
51 vision, section or part contained in any part of this act shall be
52 adjudged by any court of competent jurisdiction to be invalid, such
53 judgment shall not affect, impair, or invalidate the remainder thereof,
54 but shall be confined in its operation to the clause, sentence, para-
55 graph, subdivision, section or part contained in any part thereof
56 directly involved in the controversy in which such judgment shall have
S. 3273--A 9
1 been rendered. It is hereby declared to be the intent of the legislature
2 that this act would have been enacted even if such invalid provisions
3 had not been included herein.
4 S 18. This act shall take effect immediately; provided, however, that:
5 1. Sections four, five, six and fifteen of this act shall take effect
6 on the sixtieth day after they shall have become a law;
7 2. Sections seven and eight of this act shall apply to contracts let
8 on or after such effective date of each section respectively;
9 3. The amendments to subdivision 1 of section 103 of the general
10 municipal law made by section seven of this act shall be subject to the
11 expiration and reversion of such subdivision pursuant to section 41 of
12 chapter 62 of the laws of 2003, as amended, when upon such date the
13 provisions of section eight of this act shall take effect; and
14 4. Sections nine through fourteen of this act shall take effect on the
15 thirtieth day after they shall have become a law.
