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A10597 Summary:

BILL NOA10597
 
SAME ASNo Same As
 
SPONSORHyndman
 
COSPNSR
 
MLTSPNSR
 
Add §223-a, amd §§220, 231 & 233, Lab L; amd §103, Gen Muni L; amd §§87 & 89, Pub Off L; amd §§1 & 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.
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A10597 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10597
 
                   IN ASSEMBLY
 
                                     March 13, 2026
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Labor
 
        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    § 2. The labor law is amended by adding a new section 223-a to read as
     4  follows:
     5    §  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 they deem necessary,
    17  determine their duties and  fix  their  compensation.    Such  assistant
    18  inspector general shall assist the inspector general in carrying out the
    19  inspector  general's  duties  and  responsibilities as set forth in this
    20  section and shall have such powers  as  granted  the  inspector  general
    21  under  this section.  Employees appointed pursuant to this section with-
    22  out civil service examination shall  be  placed  in  the  noncompetitive
    23  class  of  the  competitive  service  pursuant  to  subdivision two-a of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02028-03-6

        A. 10597                            2
 
     1  section forty-two of the civil service law and shall serve at the pleas-
     2  ure of the governor.
     3    3.  Powers,  duties  and responsibilities. The inspector general shall
     4  investigate violations of the laws and  regulations  pertaining  to  the
     5  operation  of  prevailing  wage  provisions. The inspector general shall
     6  have the following powers, duties and functions:
     7    (a) to conduct and supervise investigations, within  or  without  this
     8  state,  of  possible fraud and other violations of laws, rules and regu-
     9  lations pertaining to prevailing wage provisions;
    10    (b) to subpoena witnesses,  administer  oaths  or  affirmations,  take
    11  testimony  and  compel the production of such books, papers, records and
    12  documents as the inspector general may deem to be relevant to an  inves-
    13  tigation undertaken pursuant to this section;
    14    (c)  to  report  to  the  attorney  general  or  other appropriate law
    15  enforcement agency, violations found through  investigations  undertaken
    16  pursuant to this section and to provide such materials and assistance as
    17  may  be  necessary  or  appropriate for the successful investigation and
    18  prosecution of violations of this chapter;
    19    (d) to submit a written report, on an annual basis,  to  the  governor
    20  and  to the chair of the board, listing all activities undertaken to the
    21  extent such activities can be disclosed pursuant to subdivision five  of
    22  this section; and
    23    (e)  to  recommend  legislative and regulatory changes to the governor
    24  and to the chair of the board.
    25    4. Cooperation of agency officials and employees.  (a) In addition  to
    26  the authority otherwise provided by this section, the inspector general,
    27  in carrying out the provisions of this section, is authorized:
    28    (i)  to  have  full  and  unrestricted access to all records, reports,
    29  audits, reviews, documents, papers, recommendations  or  other  material
    30  maintained by the board or any other state agency relating to prevailing
    31  wage provisions, with respect to which the inspector general has respon-
    32  sibilities under this section; and
    33    (ii)  to request such information, assistance and cooperation from any
    34  federal, state or local government, department, board,  bureau,  commis-
    35  sion,  or  other agency or unit thereof as may be necessary for carrying
    36  out the duties and responsibilities enjoined upon the inspector  general
    37  by  this  section.  State and local agencies or units thereof are hereby
    38  authorized and directed to  provide  such  information,  assistance  and
    39  cooperation.
    40    (b) No person shall prevent, seek to prevent, interfere with, obstruct
    41  or  otherwise  hinder any investigation being conducted pursuant to this
    42  section.
    43    5. Disclosure of information. The inspector general shall not publicly
    44  disclose information which is:
    45    (a) a part of an ongoing investigation or prosecution; or
    46    (b) specifically prohibited from disclosure by any other provision  of
    47  law.
    48    §  3. Sections 1 and 2 of chapter 511 of the laws of 1995, relating to
    49  establishing a public work enforcement fund and making an  appropriation
    50  therefor,  as amended by chapter 407 of the laws of 2005, are amended to
    51  read as follows:
    52    Section 1.  The  state  comptroller  shall  establish  a  public  work
    53  enforcement fund. Each state agency or public benefit corporation enter-
    54  ing  into  a  contract for any construction, reconstruction, renovation,
    55  repair, maintenance or other improvement, as defined in subdivision 2 of
    56  section 220 of the labor law, shall make  a  transfer  of  0.10  of  one

        A. 10597                            3
 
     1  percent  of  the total cost of the contract to such fund.  All transfers
     2  shall be made available to the labor department for labor  law  enforce-
     3  ment.    All  moneys  transferred  to and accumulated in the public work
     4  enforcement fund shall be dedicated to enforcement of labor law articles
     5  8  and  9  and  all moneys appropriated from such fund shall be used for
     6  such purpose.  Provided further that such dedicated funds shall be  used
     7  for  training,  labor and related costs for investigators, hearing offi-
     8  cers and administrative staff to ensure that staffing  levels  for  such
     9  personnel  are  maintained at [an appropriate level] a level equal to or
    10  greater than the staffing level  for  such  personnel  for  fiscal  year
    11  2019-2020.
    12    §   2.   The  sum  of  [two  million  four  hundred  thousand  dollars
    13  ($2,400,000), or so much thereof as may be] moneys so accumulated[,]  is
    14  hereby  appropriated to the department of labor from any moneys credited
    15  to the public work enforcement fund created pursuant to section  one  of
    16  this  act  for  the purposes of carrying out the provisions of this act.
    17  Such sum shall be payable on the audit and warrant of  the  state  comp-
    18  troller  on vouchers certified or approved by the commissioner of labor,
    19  or [his] their duly designated representative in the manner provided  by
    20  law.  No  expenditure  shall  be  made  from  this appropriation until a
    21  certificate of approval of availability shall have been  issued  by  the
    22  director  of  the budget and filed with the state comptroller and a copy
    23  filed with the chair of the senate finance committee and  the  chair  of
    24  the  assembly  ways and means committee. Such certificate may be amended
    25  from time to time by the director of the budget and a copy of each  such
    26  amendment  shall  be  filed with the state comptroller, the chair of the
    27  senate finance committee and the chair of the assembly  ways  and  means
    28  committee.
    29    §  4. Section 220 of the labor law is amended by adding a new subdivi-
    30  sion 10 to read as follows:
    31    10. In any instance where the variation between the  low  bid  on  any
    32  public work contract or subcontract with the state, any municipal corpo-
    33  ration or public body and the next lowest bid is ten percent or more, or
    34  is  ten  percent  lower  than  the  contracting entity's estimate of the
    35  project cost, the low bidder shall provide proof to the satisfaction  of
    36  the  contracting  entity that the prevailing wage shall be paid, or such
    37  bid shall be rejected.
    38    § 5. Section 231 of the labor law is amended by adding a new  subdivi-
    39  sion 8 to read as follows:
    40    8.  In  any  instance  where  the variation between the low bid on any
    41  public work contract or subcontract with the state, any municipal corpo-
    42  ration or public body and the next lowest bid is ten percent or more, or
    43  is ten percent lower than  the  contracting  entity's  estimate  of  the
    44  project  cost, the low bidder shall provide proof to the satisfaction of
    45  the contracting entity that the prevailing wage shall be paid,  or  such
    46  bid shall be rejected.
    47    §  6. Section 220 of the labor law is amended by adding a new subdivi-
    48  sion 6-a to read as follows:
    49    6-a. The fiscal officer shall require each engineer-in-charge or other
    50  agent who has direct  supervision  of  the  execution  of  the  contract
    51  representing  the  contracting agency other than the contractor or their
    52  employees on all contracts requiring prevailing wage rates to  record  a
    53  daily  headcount of all workers on a project site, separately enumerated
    54  regarding each classification of worker including hours worked at  regu-
    55  lar,  overtime  or holiday pay as classified in the prevailing wage rate
    56  schedule. Such records shall be submitted  to  the  fiscal  officer  and

        A. 10597                            4
 
     1  shall  be  maintained  by  the  fiscal officer for three years after the
     2  final acceptance of the project. Knowingly providing the fiscal  officer
     3  with false records shall be a misdemeanor.
     4    §  7.  Subdivision  1  of section 103 of the general municipal law, as
     5  amended by chapter 668 of the laws  of  2023,  is  amended  to  read  as
     6  follows:
     7    1. Except as otherwise expressly provided by an act of the legislature
     8  or  by  a  local  law adopted prior to September first, nineteen hundred
     9  fifty-three, all contracts for public work involving an  expenditure  of
    10  more  than  thirty-five  thousand  dollars  which  are  subject  to  the
    11  provisions of article eight of the labor law, and all purchase contracts
    12  involving an expenditure of more than twenty thousand dollars, shall  be
    13  awarded  by  the  appropriate  officer,  board  or agency of a political
    14  subdivision or of any district therein including but not  limited  to  a
    15  soil  conservation  district to the lowest responsible bidder furnishing
    16  the required security after advertisement for sealed bids in the  manner
    17  provided  by  this  section,  provided, however, that purchase contracts
    18  (including contracts  for  service  work,  but  excluding  any  purchase
    19  contracts necessary for the completion of a public works contract pursu-
    20  ant  to  article  eight of the labor law) may be awarded on the basis of
    21  best value, as defined in section one hundred sixty-three of  the  state
    22  finance  law,  to  a responsive and responsible bidder or offerer in the
    23  manner provided by this section except that in a  political  subdivision
    24  other  than  a city with a population of one million inhabitants or more
    25  or any district, board or agency with jurisdiction  exclusively  therein
    26  the  use  of  best  value  for  awarding a purchase contract or purchase
    27  contracts must be authorized by local law or, in the case of a  district
    28  corporation,   school  district  or  board  of  cooperative  educational
    29  services, by rule, regulation or resolution adopted at a public meeting.
    30  Such officer, board, or agency may require responsible bidders and their
    31  subcontractors  to  participate  in  apprenticeship  training   programs
    32  approved  by  the  department  of labor. In any case where a responsible
    33  bidder's or responsible offerer's gross price is reducible by an  allow-
    34  ance  for  the value of used machinery, equipment, apparatus or tools to
    35  be traded in by a  political  subdivision,  the  gross  price  shall  be
    36  reduced  by the amount of such allowance, for the purpose of determining
    37  the best value.  In cases where two or more responsible bidders furnish-
    38  ing the required security submit identical bids as to price, such  offi-
    39  cer, board or agency may award the contract to any of such bidders. Such
    40  officer,  board  or agency may, in [his or her] their or its discretion,
    41  reject all bids or offers and readvertise for new bids or offers in  the
    42  manner provided by this section. In determining whether a purchase is an
    43  expenditure  within  the  discretionary threshold amounts established by
    44  this subdivision, the officer, board or agency of a  political  subdivi-
    45  sion  or  of any district therein shall consider the reasonably expected
    46  aggregate amount of all purchases of the same commodities,  services  or
    47  technology  to  be made within the twelve-month period commencing on the
    48  date of purchase.   Purchases of  commodities,  services  or  technology
    49  shall  not  be  artificially  divided  for the purpose of satisfying the
    50  discretionary buying  thresholds  established  by  this  subdivision.  A
    51  change  to or a renewal of a discretionary purchase shall not be permit-
    52  ted if the change or renewal would bring the reasonably expected  aggre-
    53  gate  amount of all purchases of the same commodities, services or tech-
    54  nology from the same provider within the twelve-month period  commencing
    55  on  the date of the first purchase to an amount greater than the discre-
    56  tionary buying threshold amount. For purposes of this  section,  "sealed

        A. 10597                            5
 
     1  bids"  and  "sealed offers", as that term applies to purchase contracts,
     2  (including contracts  for  service  work,  but  excluding  any  purchase
     3  contracts necessary for the completion of a public works contract pursu-
     4  ant  to  article  eight  of the labor law) shall include bids and offers
     5  submitted in an electronic format including submission of the  statement
     6  of  non-collusion  required by section one hundred three-d of this arti-
     7  cle, provided that the governing board of the political  subdivision  or
     8  district,  by  resolution, has authorized the receipt of bids and offers
     9  in such format. Submission in  electronic  format  may,  for  technology
    10  contracts  only,  be  required  as the sole method for the submission of
    11  bids and offers. Provided however, the  appropriate  officer,  board  or
    12  agency  of  a city with a population of one million inhabitants or more,
    13  or any district, board or agency with  jurisdiction  exclusively  within
    14  such  city, may authorize or require bids and offers for any contract to
    15  be submitted in an electronic format. Bids and offers  submitted  in  an
    16  electronic  format  shall  be transmitted by bidders and offerers to the
    17  receiving device designated by the political  subdivision  or  district.
    18  Any  method used to receive electronic bids and offers shall comply with
    19  article three of the state technology law, and any rules and regulations
    20  promulgated and guidelines developed thereunder and, at a minimum,  must
    21  (a) document the time and date of receipt of each bid and offer received
    22  electronically;  (b) authenticate the identity of the sender; (c) ensure
    23  the security of the information transmitted; and (d) ensure  the  confi-
    24  dentiality  of  the bid or offer until the time and date established for
    25  the opening of bids or offers. The timely submission  of  an  electronic
    26  bid   or  offer  in  compliance  with  instructions  provided  for  such
    27  submission in the advertisement for bids or offers and/or the specifica-
    28  tions shall be the responsibility solely of each bidder  or  offerer  or
    29  prospective  bidder  or  offerer.  No  political subdivision or district
    30  therein shall incur any liability from delays of or interruptions in the
    31  receiving device designated for the submission and receipt of electronic
    32  bids and offers.
    33    § 8. Subdivision 1 of section 103 of the  general  municipal  law,  as
    34  amended by chapter 2 of the laws of 2012, is amended to 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  for  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

        A. 10597                            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] their or its discretion, reject all
    27  bids or offers and readvertise for new bids  or  offers  in  the  manner
    28  provided by this section.
    29    §  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    § 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    §  11.  Subdivision  2  of  section  87  of the public officers law is
    54  amended by adding a new paragraph (w) to read as follows:
    55    (w) Provided that, nothing in this subdivision shall permit an  agency
    56  to  deny access to records or portions thereof pertaining to the payment

        A. 10597                            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    § 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    § 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    § 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-

        A. 10597                            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    §  15. Subparagraph (iii) of paragraph a of subdivision 3-a of section
     4  220 of the labor law, as amended by chapter 71 of the laws of  2025,  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] them as true under the penalties of perjury, setting forth
     9  the names and addresses and showing for each worker, laborer, or mechan-
    10  ic the hours and days worked, the occupations worked,  the  hourly  wage
    11  rates  paid and the supplements paid or provided. Such payrolls or tran-
    12  scripts thereof shall be accompanied by a copy of each  notice  required
    13  under  subdivision one or two of section one hundred ninety-five of this
    14  chapter for every laborer, worker or mechanic, which shall be subscribed
    15  and sworn to or affirmed as true under penalties of perjury and shall be
    16  deemed to be part of the original payrolls or  transcripts  thereof  for
    17  purposes  of  this  subdivision.  Where the contractor or sub-contractor
    18  maintains no regular place of business in New York state and  where  the
    19  amount of the contract is in excess of twenty-five thousand dollars such
    20  payrolls shall be kept on the site of the work. All other contractors or
    21  sub-contractors  shall  produce within five days on the site of the work
    22  and upon formal order of the commissioner or [his or her]  their  desig-
    23  nated  representative  such  original  payrolls  or transcripts thereof,
    24  subscribed and sworn to or affirmed by [him or her] them as  true  under
    25  the  penalties  of  perjury,  as  may  be deemed necessary to adequately
    26  enforce the provisions  of  this  article.  Unless  otherwise  submitted
    27  pursuant to section two hundred twenty-j of this article, every contrac-
    28  tor,  and sub-contractor, shall submit to the department of jurisdiction
    29  within thirty days after issuance of its first payroll, and every thirty
    30  days thereafter,  a  transcript  of  the  original  payroll  record,  as
    31  provided by this article, and at the completion of the project a summary
    32  transcript  specifying the hours and days worked by each worker, laborer
    33  or mechanic, the trade or occupation at which they  worked,  the  hourly
    34  wage  rate  paid,  the supplements paid or provided to such employee and
    35  the names, tax identification number and job title  of  each  individual
    36  classified by the contractor or subcontractor as independent contractors
    37  who  were  hired and employed by such contractor to perform work subject
    38  to the provisions of this article.  Such  summary  transcript  shall  be
    39  subscribed  and  sworn  to  or  affirmed  as true under the penalties of
    40  perjury. Any person who willfully fails to  file  such  payroll  records
    41  with the department of jurisdiction, commissioner, or the fiscal officer
    42  shall  be  guilty of a class E felony. In addition, any person who will-
    43  fully fails to file such payroll records within the  time  specified  in
    44  this subparagraph shall be subject to a civil penalty of up to one thou-
    45  sand dollars per day.  Each independent contractor shall have obtained a
    46  tax  identification  number  prior  to employment on a project and shall
    47  submit such number to the contractor as required by the commissioner.
    48    § 16. Subdivision 3-a of section 220 of the labor law  is  amended  by
    49  adding a new paragraph h to read as follows:
    50    h. Where the capital construction cost of a public work subject to the
    51  provisions  of  this section exceeds one million dollars, the department
    52  of jurisdiction shall certify that the project will be audited from time
    53  to time by the  department  of  labor  to  ensure  compliance  with  the
    54  provisions  of this article. The department of jurisdiction shall inform
    55  the department of labor of the project's  cost  and  shall  establish  a
    56  timetable for audit by the department of labor.

        A. 10597                            9
 
     1    §  17. Severability clause. If any clause, sentence, paragraph, subdi-
     2  vision, section or part contained in any  part  of  this  act  shall  be
     3  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     4  judgment shall not affect, impair, or invalidate the remainder  thereof,
     5  but  shall  be  confined in its operation to the clause, sentence, para-
     6  graph, subdivision, section  or  part  contained  in  any  part  thereof
     7  directly  involved  in the controversy in which such judgment shall have
     8  been rendered. It is hereby declared to be the intent of the legislature
     9  that this act would have been enacted even if  such  invalid  provisions
    10  had not been included herein.
    11    § 18. This act shall take effect immediately; provided, however, that:
    12    1.  Sections four, five, six and fifteen of this act shall take effect
    13  on the sixtieth day after they shall have become a law;
    14    2. Sections seven and eight of this act shall apply to  contracts  let
    15  on or after such effective date of each section respectively;
    16    3.  The  amendments  to  subdivision  1  of section 103 of the general
    17  municipal law made by section seven of this act shall be subject to  the
    18  expiration and reversion of such subdivision pursuant to subdivision (a)
    19  of  section  41 of part X of chapter 62 of the laws of 2003, as amended,
    20  when upon such date the provisions of section eight of  this  act  shall
    21  take effect; and
    22    4. Sections nine through fourteen of this act shall take effect on the
    23  thirtieth day after they shall have become a law.
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