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S02298 Summary:

BILL NOS02298
 
SAME ASNo Same As
 
SPONSORBAILEY
 
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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S02298 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2298
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee 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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02028-01-5

        S. 2298                             2
 
     1  out civil service examination shall  be  placed  in  the  noncompetitive
     2  class  of  the  competitive  service  pursuant  to  subdivision two-a of
     3  section forty-two of the civil service law and shall serve at the pleas-
     4  ure of the governor.
     5    3.  Powers,  duties  and responsibilities. The inspector general shall
     6  investigate violations of the laws and  regulations  pertaining  to  the
     7  operation  of  prevailing  wage  provisions. The inspector general shall
     8  have the following powers, duties and functions:
     9    (a) to conduct and supervise investigations, within  or  without  this
    10  state,  of  possible fraud and other violations of laws, rules and regu-
    11  lations pertaining to prevailing wage provisions;
    12    (b) to subpoena witnesses,  administer  oaths  or  affirmations,  take
    13  testimony  and  compel the production of such books, papers, records and
    14  documents as the inspector general may deem to be relevant to an  inves-
    15  tigation undertaken pursuant to this section;
    16    (c)  to  report  to  the  attorney  general  or  other appropriate law
    17  enforcement agency, violations found through  investigations  undertaken
    18  pursuant to this section and to provide such materials and assistance as
    19  may  be  necessary  or  appropriate for the successful investigation and
    20  prosecution of violations of this chapter;
    21    (d) to submit a written report, on an annual basis,  to  the  governor
    22  and  to the chair of the board, listing all activities undertaken to the
    23  extent such activities can be disclosed pursuant to subdivision five  of
    24  this section; and
    25    (e)  to  recommend  legislative and regulatory changes to the governor
    26  and to the chair of the board.
    27    4. Cooperation of agency officials and employees.  (a) In addition  to
    28  the authority otherwise provided by this section, the inspector general,
    29  in carrying out the provisions of this section, is authorized:
    30    (i)  to  have  full  and  unrestricted access to all records, reports,
    31  audits, reviews, documents, papers, recommendations  or  other  material
    32  maintained by the board or any other state agency relating to prevailing
    33  wage provisions, with respect to which the inspector general has respon-
    34  sibilities under this section; and
    35    (ii)  to request such information, assistance and cooperation from any
    36  federal, state or local government, department, board,  bureau,  commis-
    37  sion,  or  other agency or unit thereof as may be necessary for carrying
    38  out the duties and responsibilities enjoined upon the inspector  general
    39  by  this  section.  State and local agencies or units thereof are hereby
    40  authorized and directed to  provide  such  information,  assistance  and
    41  cooperation.
    42    (b) No person shall prevent, seek to prevent, interfere with, obstruct
    43  or  otherwise  hinder any investigation being conducted pursuant to this
    44  section.
    45    5. Disclosure of information. The inspector general shall not publicly
    46  disclose information which is:
    47    (a) a part of an ongoing investigation or prosecution; or
    48    (b) specifically prohibited from disclosure by any other provision  of
    49  law.
    50    §  3. Sections 1 and 2 of chapter 511 of the laws of 1995, relating to
    51  establishing a public work enforcement fund and making an  appropriation
    52  therefor,  as amended by chapter 407 of the laws of 2005, are amended to
    53  read as follows:
    54    Section 1.  The  state  comptroller  shall  establish  a  public  work
    55  enforcement fund. Each state agency or public benefit corporation enter-
    56  ing  into  a  contract for any construction, reconstruction, renovation,

        S. 2298                             3
 
     1  repair, maintenance or other improvement, as defined in subdivision 2 of
     2  section 220 of the labor law, shall make  a  transfer  of  0.10  of  one
     3  percent  of  the total cost of the contract to such fund.  All transfers
     4  shall  be  made available to the labor department for labor law enforce-
     5  ment.  All moneys transferred to and  accumulated  in  the  public  work
     6  enforcement fund shall be dedicated to enforcement of labor law articles
     7  8  and  9  and  all moneys appropriated from such fund shall be used for
     8  such purpose.  Provided further that such dedicated funds shall be  used
     9  for  training,  labor and related costs for investigators, hearing offi-
    10  cers and administrative staff to ensure that staffing  levels  for  such
    11  personnel  are  maintained at [an appropriate level] a level equal to or
    12  greater than the staffing level  for  such  personnel  for  fiscal  year
    13  2019-2020.
    14    §   2.   The  sum  of  [two  million  four  hundred  thousand  dollars
    15  ($2,400,000), or so much thereof as may be] moneys so accumulated[,]  is
    16  hereby  appropriated to the department of labor from any moneys credited
    17  to the public work enforcement fund created pursuant to section  one  of
    18  this  act  for  the purposes of carrying out the provisions of this act.
    19  Such sum shall be payable on the audit and warrant of  the  state  comp-
    20  troller  on vouchers certified or approved by the commissioner of labor,
    21  or [his] their duly designated representative in the manner provided  by
    22  law.  No  expenditure  shall  be  made  from  this appropriation until a
    23  certificate of approval of availability shall have been  issued  by  the
    24  director  of  the budget and filed with the state comptroller and a copy
    25  filed with the chair of the senate finance committee and  the  chair  of
    26  the  assembly  ways and means committee. Such certificate may be amended
    27  from time to time by the director of the budget and a copy of each  such
    28  amendment  shall  be  filed with the state comptroller, the chair of the
    29  senate finance committee and the chair of the assembly  ways  and  means
    30  committee.
    31    §  4. Section 220 of the labor law is amended by adding a new subdivi-
    32  sion 10 to read as follows:
    33    10. In any instance where the variation between the  low  bid  on  any
    34  public work contract or subcontract with the state, any municipal corpo-
    35  ration or public body and the next lowest bid is ten percent or more, or
    36  is  ten  percent  lower  than  the  contracting entity's estimate of the
    37  project cost, the low bidder shall provide proof to the satisfaction  of
    38  the  contracting  entity that the prevailing wage shall be paid, or such
    39  bid shall be rejected.
    40    § 5. Section 231 of the labor law is amended by adding a new  subdivi-
    41  sion 8 to read as follows:
    42    8.  In  any  instance  where  the variation between the low bid on any
    43  public work contract or subcontract with the state, any municipal corpo-
    44  ration or public body and the next lowest bid is ten percent or more, or
    45  is ten percent lower than  the  contracting  entity's  estimate  of  the
    46  project  cost, the low bidder shall provide proof to the satisfaction of
    47  the contracting entity that the prevailing wage shall be paid,  or  such
    48  bid shall be rejected.
    49    §  6. Section 220 of the labor law is amended by adding a new subdivi-
    50  sion 6-a to read as follows:
    51    6-a. The fiscal officer shall require each engineer-in-charge or other
    52  agent who has direct  supervision  of  the  execution  of  the  contract
    53  representing  the  contracting agency other than the contractor or their
    54  employees on all contracts requiring prevailing wage rates to  record  a
    55  daily  headcount of all workers on a project site, separately enumerated
    56  regarding each classification of worker including hours worked at  regu-

        S. 2298                             4
 
     1  lar,  overtime  or holiday pay as classified in the prevailing wage rate
     2  schedule. Such records shall be submitted  to  the  fiscal  officer  and
     3  shall  be  maintained  by  the  fiscal officer for three years after the
     4  final  acceptance of the project. Knowingly providing the fiscal officer
     5  with false records shall be a misdemeanor.
     6    § 7. Subdivision 1 of section 103 of the  general  municipal  law,  as
     7  amended  by  chapter  668  of  the  laws  of 2023, is amended to read as
     8  follows:
     9    1. Except as otherwise expressly provided by an act of the legislature
    10  or by a local law adopted prior to  September  first,  nineteen  hundred
    11  fifty-three,  all  contracts for public work involving an expenditure of
    12  more  than  thirty-five  thousand  dollars  which  are  subject  to  the
    13  provisions of article eight of the labor law, and all purchase contracts
    14  involving  an expenditure of more than twenty thousand dollars, shall be
    15  awarded by the appropriate officer,  board  or  agency  of  a  political
    16  subdivision  or  of  any district therein including but not limited to a
    17  soil conservation district to the lowest responsible  bidder  furnishing
    18  the  required security after advertisement for sealed bids in the manner
    19  provided by this section, provided,  however,  that  purchase  contracts
    20  (including  contracts  for  service  work,  but  excluding  any purchase
    21  contracts necessary for the completion of a public works contract pursu-
    22  ant to article eight of the labor law) may be awarded on  the  basis  of
    23  best  value,  as defined in section one hundred sixty-three of the state
    24  finance law, to a responsive and responsible bidder or  offerer  in  the
    25  manner  provided  by this section except that in a political subdivision
    26  other than a city with a population of one million inhabitants  or  more
    27  or  any  district, board or agency with jurisdiction exclusively therein
    28  the use of best value for  awarding  a  purchase  contract  or  purchase
    29  contracts  must be authorized by local law or, in the case of a district
    30  corporation,  school  district  or  board  of  cooperative   educational
    31  services, by rule, regulation or resolution adopted at a public meeting.
    32  Such officer, board, or agency may require responsible bidders and their
    33  subcontractors   to  participate  in  apprenticeship  training  programs
    34  approved by the department of labor. In any  case  where  a  responsible
    35  bidder's  or responsible offerer's gross price is reducible by an allow-
    36  ance for the value of used machinery, equipment, apparatus or  tools  to
    37  be  traded  in  by  a  political  subdivision,  the gross price shall be
    38  reduced by the amount of such allowance, for the purpose of  determining
    39  the best value.  In cases where two or more responsible bidders furnish-
    40  ing  the required security submit identical bids as to price, such offi-
    41  cer, board or agency may award the contract to any of such bidders. Such
    42  officer, board or agency may, in [his or her] their or  its  discretion,
    43  reject  all bids or offers and readvertise for new bids or offers in the
    44  manner provided by this section. In determining whether a purchase is an
    45  expenditure within the discretionary threshold  amounts  established  by
    46  this  subdivision,  the officer, board or agency of a political subdivi-
    47  sion or of any district therein shall consider the  reasonably  expected
    48  aggregate  amount  of all purchases of the same commodities, services or
    49  technology to be made within the twelve-month period commencing  on  the
    50  date  of  purchase.    Purchases  of commodities, services or technology
    51  shall not be artificially divided for  the  purpose  of  satisfying  the
    52  discretionary  buying  thresholds  established  by  this  subdivision. A
    53  change to or a renewal of a discretionary purchase shall not be  permit-
    54  ted  if the change or renewal would bring the reasonably expected aggre-
    55  gate amount of all purchases of the same commodities, services or  tech-
    56  nology  from the same provider within the twelve-month period commencing

        S. 2298                             5
 
     1  on the date of the first purchase to an amount greater than the  discre-
     2  tionary  buying  threshold amount. For purposes of this section, "sealed
     3  bids" and "sealed offers", as that term applies to  purchase  contracts,
     4  (including  contracts  for  service  work,  but  excluding  any purchase
     5  contracts necessary for the completion of a public works contract pursu-
     6  ant to article eight of the labor law) shall  include  bids  and  offers
     7  submitted  in an electronic format including submission of the statement
     8  of non-collusion required by section one hundred three-d of  this  arti-
     9  cle,  provided  that the governing board of the political subdivision or
    10  district, by resolution, has authorized the receipt of bids  and  offers
    11  in  such  format.  Submission  in  electronic format may, for technology
    12  contracts only, be required as the sole method  for  the  submission  of
    13  bids  and  offers.  Provided  however, the appropriate officer, board or
    14  agency of a city with a population of one million inhabitants  or  more,
    15  or  any  district,  board or agency with jurisdiction exclusively within
    16  such city, may authorize or require bids and offers for any contract  to
    17  be  submitted  in  an electronic format. Bids and offers submitted in an
    18  electronic format shall be transmitted by bidders and  offerers  to  the
    19  receiving  device  designated  by the political subdivision or district.
    20  Any method used to receive electronic bids and offers shall comply  with
    21  article three of the state technology law, and any rules and regulations
    22  promulgated  and guidelines developed thereunder and, at a minimum, must
    23  (a) document the time and date of receipt of each bid and offer received
    24  electronically; (b) authenticate the identity of the sender; (c)  ensure
    25  the  security  of the information transmitted; and (d) ensure the confi-
    26  dentiality of the bid or offer until the time and date  established  for
    27  the  opening  of  bids or offers. The timely submission of an electronic
    28  bid  or  offer  in  compliance  with  instructions  provided  for   such
    29  submission in the advertisement for bids or offers and/or the specifica-
    30  tions  shall  be  the responsibility solely of each bidder or offerer or
    31  prospective bidder or offerer.  No  political  subdivision  or  district
    32  therein shall incur any liability from delays of or interruptions in the
    33  receiving device designated for the submission and receipt of electronic
    34  bids and offers.
    35    §  8.  Subdivision  1  of section 103 of the general municipal law, as
    36  amended by section 2 of chapter 2 of the laws of  2012,  is  amended  to
    37  read as follows:
    38    1. Except as otherwise expressly provided by an act of the legislature
    39  or  by  a  local  law adopted prior to September first, nineteen hundred
    40  fifty-three, all contracts for public work involving an  expenditure  of
    41  more  than  thirty-five  thousand  dollars  which  are  subject  to  the
    42  provisions of article eight of the labor law, and all purchase contracts
    43  involving an expenditure of more than twenty thousand dollars, shall  be
    44  awarded  by  the  appropriate  officer,  board  or agency of a political
    45  subdivision or of any district therein including but not  limited  to  a
    46  soil  conservation  district to the lowest responsible bidder furnishing
    47  the required security after advertisement for sealed bids in the  manner
    48  provided  by  this  section,  provided, however, that purchase contracts
    49  (including contracts  for  service  work,  but  excluding  any  purchase
    50  contracts necessary for the completion of a public works contract pursu-
    51  ant  to  article  eight of the labor law) may be awarded on the basis of
    52  best value, as defined in section one hundred sixty-three of  the  state
    53  finance  law,  to  a responsive and responsible bidder or offerer in the
    54  manner provided by this section except that in a  political  subdivision
    55  other  than  a city with a population of one million inhabitants or more
    56  or any district, board or agency with jurisdiction  exclusively  therein

        S. 2298                             6

     1  the  use  of  best  value  for  awarding a purchase contract or purchase
     2  contracts must be authorized by local law or, in the case of a  district
     3  corporation,   school  district  or  board  of  cooperative  educational
     4  services, by rule, regulation or resolution adopted at a public meeting.
     5  Such officer, board, or agency may require responsible bidders and their
     6  subcontractors   to  participate  in  apprenticeship  training  programs
     7  approved by the department of labor. In determining whether  a  purchase
     8  is an expenditure within the discretionary threshold amounts established
     9  by  this subdivision, the officer, board or agency of a political subdi-
    10  vision or of any district therein shall consider the reasonably expected
    11  aggregate amount of all purchases of the same commodities,  services  or
    12  technology  to  be made within the twelve-month period commencing on the
    13  date of purchase. Purchases of commodities, services or technology shall
    14  not be artificially divided for the purpose of  satisfying  the  discre-
    15  tionary  buying  thresholds established by this subdivision. A change to
    16  or a renewal of a discretionary purchase shall not be permitted  if  the
    17  change  or  renewal would bring the reasonably expected aggregate amount
    18  of all purchases of the same commodities, services  or  technology  from
    19  the  same provider within the twelve-month period commencing on the date
    20  of the first purchase to an amount greater than the discretionary buying
    21  threshold amount. In any case where a responsible bidder's or  responsi-
    22  ble  offerer's gross price is reducible by an allowance for the value of
    23  used machinery, equipment, apparatus or tools to be traded in by a poli-
    24  tical subdivision, the gross price shall be reduced  by  the  amount  of
    25  such  allowance,  for  the  purpose  of  determining the low bid or best
    26  value. In cases where two or more  responsible  bidders  furnishing  the
    27  required security submit identical bids as to price, such officer, board
    28  or  agency  may award the contract to any of such bidders. Such officer,
    29  board or agency may, in [his, her] their or its discretion,  reject  all
    30  bids  or  offers  and  readvertise  for new bids or offers in the manner
    31  provided by this section.
    32    § 9. Section 220 of the labor law is amended by adding a new  subdivi-
    33  sion 11 to read as follows:
    34    11.  All  public entities subject to this article shall make available
    35  for public inspection and copying of the  records  or  portions  thereof
    36  pertaining  to  the names of, employee classifications of, rate of wages
    37  and supplements paid to, and number of hours worked by the employees  of
    38  contractors performing work pursuant to this article and article nine of
    39  this  chapter.  The  social  security  numbers  of such employees may be
    40  blocked out by the agency. An entity shall  not  be  permitted  to  deny
    41  access to records or portions thereof pertaining to the payment of wages
    42  and  supplements  to,  and  number  of hours worked by, the employees of
    43  contractors subject to this article and article nine of this chapter.
    44    § 10. Section 233 of the labor law is amended by adding a new subdivi-
    45  sion 5 to read as follows:
    46    5. All public entities subject to this article  shall  make  available
    47  for  public  inspection  and  copying of the records or portions thereof
    48  pertaining to the names of, employee classifications of, rate  of  wages
    49  and  supplements paid to, and number of hours worked by the employees of
    50  contractors performing work pursuant to this article and  article  eight
    51  of  this  chapter.  The social security numbers of such employees may be
    52  blocked out by the agency. An entity shall  not  be  permitted  to  deny
    53  access to records or portions thereof pertaining to the payment of wages
    54  and  supplements  to,  and  number  of hours worked by, the employees of
    55  contractors subject to this article and article eight of this chapter.

        S. 2298                             7

     1    § 11. Subdivision 2 of section  87  of  the  public  officers  law  is
     2  amended by adding a new paragraph (v) to read as follows:
     3    (v)  Provided that, nothing in this subdivision shall permit an agency
     4  to deny access to records or portions thereof pertaining to the  payment
     5  of wages and supplements to, and number of hours worked by the employees
     6  of  contractors subject to articles eight and nine of the labor law. All
     7  public entities subject to this article shall make available for  public
     8  inspection  and  copying of such records, the names of, employee classi-
     9  fications of, rate of wages and supplements paid to, and number of hours
    10  worked by the employees of contractors performing work pursuant to arti-
    11  cles eight and nine of the labor law. The  social  security  numbers  of
    12  such employees may be blocked out by the agency.
    13    § 12. Paragraph (a) of subdivision 2 of section 89 of the public offi-
    14  cers  law,  as amended by section 11 of part U of chapter 61 of the laws
    15  of 2011, is amended to read as follows:
    16    (a) The committee on public access to records  may  promulgate  guide-
    17  lines  regarding  deletion  of  identifying  details  or  withholding of
    18  records otherwise available under this article  to  prevent  unwarranted
    19  invasions  of  personal  privacy.  In the absence of such guidelines, an
    20  agency may delete identifying details when it makes  records  available,
    21  provided  however,  nothing in this paragraph shall permit the denial of
    22  access to records or portions thereof pertaining to the payment of wages
    23  and supplements to, and number of  hours  worked  by  the  employees  of
    24  contractors  subject  to  articles  eight and nine of the labor law. All
    25  public entities subject to this article shall make available for  public
    26  inspection  and  copying of such records, the names of, employee classi-
    27  fications of, rate of wages and supplements paid to, and number of hours
    28  worked by the employees of contractors performing work pursuant to arti-
    29  cles eight and nine of the labor law. The  social  security  numbers  of
    30  such employees may be blocked out by the agency.
    31    § 13. Paragraph (b) of subdivision 2 of section 89 of the public offi-
    32  cers  law  is  amended by adding a new undesignated paragraph to read as
    33  follows:
    34    Provided that, nothing in this paragraph shall  permit  an  agency  to
    35  deny  access to records or portions thereof pertaining to the payment of
    36  wages and supplements to, and number of hours  worked  by  employees  of
    37  contractors  subject  to  articles  eight and nine of the labor law.  It
    38  shall not be an unwarranted invasion of personal privacy for all  public
    39  entities   subject  to  this  article,  to  make  available  for  public
    40  inspection and copying, the records of all names  of,  employee  classi-
    41  fications of, rate of wages and supplements paid to, and number of hours
    42  worked by the employees of contractors performing work pursuant to arti-
    43  cles  eight  and  nine  of the labor law. The social security numbers of
    44  such employees may be blocked out by the agency.
    45    § 14. Subdivision 2-a of section 89 of the  public  officers  law,  as
    46  added by chapter 652 of the laws of 1983, is amended to read as follows:
    47    2-a. Nothing in this article shall permit disclosure which constitutes
    48  an  unwarranted  invasion  of personal privacy as defined in subdivision
    49  two of this section if such disclosure is prohibited under section nine-
    50  ty-six of this chapter, provided however, that nothing in  this  article
    51  shall  permit  an  agency  to deny access to records or portions thereof
    52  pertaining to the payment of rate  of  wages  and  supplements  to,  and
    53  number  of hours worked by, employees of contractors subject to articles
    54  eight and nine of the labor law. It shall not be an unwarranted invasion
    55  of personal privacy as defined in subdivision two of this section, nor a
    56  prohibited disclosure under section ninety-six of this chapter  for  all

        S. 2298                             8
 
     1  public  entities  subject  to this article, to make available for public
     2  inspection and copying such records of all names  of,  employee  classi-
     3  fications of, rate of wages and supplements paid to, and number of hours
     4  worked by the employees of contractors performing work pursuant to arti-
     5  cles  eight  and  nine  of the labor law. The social security numbers of
     6  such employees may be blocked out by the agency.
     7    § 15. Subparagraph (iii) of paragraph a of subdivision 3-a of  section
     8  220  of  the labor law, as amended by chapter 86 of the laws of 2020, is
     9  amended to read as follows:
    10    (iii) The contractor and  every  sub-contractor  shall  keep  original
    11  payrolls  or transcripts thereof, subscribed and sworn to or affirmed by
    12  [him or her] them as true under the penalties of perjury, setting  forth
    13  the names and addresses and showing for each worker, laborer, or mechan-
    14  ic  the  hours  and days worked, the occupations worked, the hourly wage
    15  rates paid and the supplements paid or provided. Such payrolls or  tran-
    16  scripts  thereof  shall be accompanied by a copy of each notice required
    17  under subdivision one or two of section one hundred ninety-five of  this
    18  chapter for every laborer, worker or mechanic, which shall be subscribed
    19  and sworn to or affirmed as true under penalties of perjury and shall be
    20  deemed  to  be  part of the original payrolls or transcripts thereof for
    21  purposes of this subdivision. Where  the  contractor  or  sub-contractor
    22  maintains  no  regular place of business in New York state and where the
    23  amount of the contract is in excess of twenty-five thousand dollars such
    24  payrolls shall be kept on the site of the work. All other contractors or
    25  sub-contractors shall produce within five days on the site of  the  work
    26  and  upon  formal order of the commissioner or [his or her] their desig-
    27  nated representative such  original  payrolls  or  transcripts  thereof,
    28  subscribed  and  sworn to or affirmed by [him or her] them as true under
    29  the penalties of perjury, as  may  be  deemed  necessary  to  adequately
    30  enforce  the  provisions of this article. Every contractor, and sub-con-
    31  tractor, shall submit to the department of  jurisdiction  within  thirty
    32  days  after  issuance of its first payroll, and every thirty days there-
    33  after, a transcript of the original payroll record, as provided by  this
    34  article, and at the completion of the project a summary transcript spec-
    35  ifying  the  hours  and days worked by each worker, laborer or mechanic,
    36  the trade or occupation at which they worked, the hourly wage rate paid,
    37  the supplements paid or provided to such employee  and  the  names,  tax
    38  identification number and job title of each individual classified by the
    39  contractor  or  subcontractor  as independent contractors who were hired
    40  and  employed  by  such  contractor  to  perform  work  subject  to  the
    41  provisions  of this article. Such summary transcript shall be subscribed
    42  and sworn to or affirmed as true under the  penalties  of  perjury.  Any
    43  person who willfully fails to file such payroll records with the depart-
    44  ment of jurisdiction, commissioner, or the fiscal officer shall be guil-
    45  ty  of  a class E felony. In addition, any person who willfully fails to
    46  file such payroll records within the time specified in this subparagraph
    47  shall be subject to a civil penalty of up to one  thousand  dollars  per
    48  day.   Each independent contractor shall have obtained a tax identifica-
    49  tion number prior to employment on  a  project  and  shall  submit  such
    50  number to the contractor as required by the commissioner.
    51    §  16.  Subdivision  3-a of section 220 of the labor law is amended by
    52  adding a new paragraph g to read as follows:
    53    g. Where the capital construction cost of a public work subject to the
    54  provisions of this section exceeds one million dollars,  the  department
    55  of jurisdiction shall certify that the project will be audited from time
    56  to  time  by  the  department  of  labor  to  ensure compliance with the

        S. 2298                             9
 
     1  provisions of this article. The department of jurisdiction shall  inform
     2  the  department  of  labor  of  the project's cost and shall establish a
     3  timetable for audit by the department of labor.
     4    §  17. Severability clause. If any clause, sentence, paragraph, subdi-
     5  vision, section or part contained in any  part  of  this  act  shall  be
     6  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     7  judgment shall not affect, impair, or invalidate the remainder  thereof,
     8  but  shall  be  confined in its operation to the clause, sentence, para-
     9  graph, subdivision, section  or  part  contained  in  any  part  thereof
    10  directly  involved  in the controversy in which such judgment shall have
    11  been rendered. It is hereby declared to be the intent of the legislature
    12  that this act would have been enacted even if  such  invalid  provisions
    13  had not been included herein.
    14    § 18. This act shall take effect immediately; provided, however, that:
    15    1.  Sections four, five, six and fifteen of this act shall take effect
    16  on the sixtieth day after they shall have become a law;
    17    2. Sections seven and eight of this act shall apply to  contracts  let
    18  on or after such effective date of each section respectively;
    19    3.  The  amendments  to  subdivision  1  of section 103 of the general
    20  municipal law made by section seven of this act shall be subject to  the
    21  expiration and reversion of such subdivision pursuant to subdivision (a)
    22  of  section  41 of part X of chapter 62 of the laws of 2003, as amended,
    23  when upon such date the provisions of section eight of  this  act  shall
    24  take effect; and
    25    4. Sections nine through fourteen of this act shall take effect on the
    26  thirtieth day after they shall have become a law.
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