Requires all state agencies to require all contractors that provide services for state purposes pursuant to a contract, submit an annual employment report with the job titles and number of employees necessary to perform such contract; further provides that such information be submitted electronically in order for such information to be searchable and transferable to a spreadsheet or database.
STATE OF NEW YORK
________________________________________________________________________
6979--A
2023-2024 Regular Sessions
IN SENATE
May 16, 2023
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
-- reported favorably from said committee and committed to the Commit-
tee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the state finance law, in relation to requiring elec-
tronic reporting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph g of subdivision 4 of section 163 of the state
2 finance law, as added by chapter 10 of the laws of 2006, is amended to
3 read as follows:
4 g. (i) All state agencies shall require all contractors, including
5 sub-contractors, that provide services for state purposes pursuant to a
6 contract, to submit an annual employment report for each contract for
7 services that includes for each employment category within the contract
8 the number of employees employed to provide services under the contract,
9 the number of hours they work and their total compensation under the
10 contract. Employment reports shall be submitted electronically in a
11 manner that allows such data to be searchable and transferable to a
12 spreadsheet or database without further manipulation. The reports shall
13 be submitted on a form prescribed by the office of audit and control, to
14 the agency that awarded the contract, the department of civil service
15 and the department of audit and control and shall be available for
16 public inspection and copying pursuant to section eighty-seven of the
17 public officers law provided that in disclosing such reports pursuant to
18 the public officers law, the agency making the disclosure shall redact
19 the name or social security number of any individual employee that is
20 included in such document. The department of audit and control shall
21 maintain a searchable database of all electronic forms submitted under
22 this paragraph and such searchable database shall be posted on a public-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11374-02-3
S. 6979--A 2
1 ly available website and shall include, but need not be limited to, the
2 authorizing agency, the name of the contractor or sub-contractor, the
3 date such contract was entered into, the job title, the number of
4 employees employed to provide services under the contract, the number of
5 hours they work and their total compensation under the contract and the
6 total amount of the contract. It shall be the responsibility of the
7 agency awarding the contract to ensure that all contractors and sub-con-
8 tractors submit the annual report required by this paragraph within one
9 year of the execution date of the contract and annually thereafter for
10 contracts lasting more than one year.
11 (ii) Contractors and sub-contractors who fail to submit the annual
12 employment report required by subparagraph (i) of this paragraph shall
13 be notified immediately by the agency awarding the contract that such
14 report is due. If such report is not furnished within sixty days after
15 notification by the agency that such report is due, such contractor or
16 sub-contractor may be subject to a civil penalty of up to one thousand
17 dollars per month until such report is filed. If the report required by
18 subparagraph (i) of this paragraph is not submitted within one hundred
19 eighty days after notification by the agency that such report is due,
20 the agency awarding the contract may suspend or terminate such contract
21 for non-compliance. Contractors or sub-contractors who have had
22 contracts terminated for failure to file annual employment reports
23 pursuant to this subparagraph shall be ineligible from bidding on any
24 other state contracts for a minimum of three years.
25 § 2. This act shall take effect on the one hundred eightieth day
26 after it shall have become a law; provided, however, that the amendments
27 to section 163 of the state finance law made by section one of this act
28 shall not affect the repeal of such section and shall be deemed repealed
29 therewith.
