A07073 Summary:
BILL NO | A07073 |
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SAME AS | No same as |
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SPONSOR | John (MS) |
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COSPNSR | Nolan, Alfano, Schroeder |
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MLTSPNSR | Abbate, Clark, Colton, Heastie, Markey, Mayersohn, Millman, Ortiz, Peralta, Perry, Wright |
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Add S222-b, amd SS220, 220-b, 231, 234 & 235, Lab L | |
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Establishes the public works security and accountability act which requires public works contractors and sub-contractors to establish back-up systems and other security measures in the event of an attack or major disaster; sets penalties for failure to post prevailing wage schedules; increases non-compliance withholding; makes provisions relating to debarment involving the use of non-compliant sub-contractors; requires sub-contracts to be in writing; requires all workers to be provided a pay stub; and requires the maintenance of a sign-in registry. |
A07073 Actions:
BILL NO | A07073 | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/19/2009 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | referred to labor |
A07073 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topA07073 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7073 2009-2010 Regular Sessions IN ASSEMBLY March 19, 2009 ___________ Introduced by M. of A. JOHN, NOLAN, ALFANO, SCHROEDER -- Multi-Sponsored by -- M. of A. ABBATE, CLARK, COLTON, HEASTIE, MARKEY, MAYERSOHN, MILLMAN, ORTIZ, PERALTA, PERRY, WRIGHT -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to establishing the public works security and accountability act 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 public 2 works security and accountability act". 3 § 2. The labor law is amended by adding a new section 222-b to read as 4 follows: 5 § 222-b. Public work site security. 1. Contractors and sub-contractors 6 shall establish an incident management system to ensure that informa- 7 tion, materials, the construction site and all employees are secure and 8 accounted for in the case of a terrorist attack or a major disaster. 9 Such incident management system shall include the following provisions: 10 a. The requirement that duplicate copies of all essential information 11 be maintained at a secure off-site facility; and 12 b. The establishment of protections commensurate with the risk and 13 magnitude of the harm resulting from unauthorized access, use, disclo- 14 sure, disruption, modification, or destruction of: 15 (i) information collected or maintained by or on behalf of the 16 contracting agency; and 17 (ii) information systems used or operated by the contractor or sub- 18 contractor. 19 2. a. In any public works contract, the contractor or sub-contractor 20 shall: 21 (i) indicate whether the job will include explosives or any other 22 incendiary devices; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10445-01-9A. 7073 2 1 (ii) prior to the legal use of any explosive materials, verify that 2 the proper user permits have been obtained and copies of such permits 3 shall be maintained on the work site where such explosives will be used; 4 (iii) attach copies of all permits or certificates involving the use 5 of such explosives or devices, including user permits for individuals 6 employed by the contractor or sub-contractor; and 7 (iv) certify in writing that he or she is familiar with all published 8 federal, state and local laws relating to explosives. 9 b. In those jobs where explosives may be used, the contractor shall 10 designate a place of storage for explosive materials which meets the 11 legal standards for public safety and security against theft pursuant 12 to applicable federal and state laws. 13 c. Contractors and sub-contractors shall report any theft of such 14 materials to local authorities no later than twenty-four hours after 15 discovery. The failure to report a theft of such materials in a timely 16 manner shall be punishable by a fine of not less than one thousand 17 dollars nor more than five thousand dollars. 18 3. Every contractor or sub-contractor shall maintain on the site of 19 the work, or on the site where workers report to work, original sign-in 20 and sign-out logs reflecting the name, social security number, the actu- 21 al dates and times of work, including arrival and departure times, of 22 all laborers, workers or mechanics employed on the public work, and the 23 classification in which they worked during such times. Such records 24 shall be certified by an officer of the contractor or sub-contractor and 25 the site manager, and such records shall immediately be produced on the 26 site of the work, or submitted within five days to the fiscal officer 27 upon receipt of a request by the fiscal officer to produce such records. 28 Such records shall be maintained by the contractor or sub-contractor for 29 three years after the final acceptance of the project. Knowingly provid- 30 ing the fiscal officer with false records shall be a class A misdemea- 31 nor. 32 § 3. Subdivision 3 of section 220 of the labor law is amended by 33 adding a new paragraph (f) to read as follows: 34 (f) All wages payable under this article shall be accompanied by a 35 written receipt or statement, such as a pay stub, detailing, at a mini- 36 mum, the hours and days worked by such employee, the job classification 37 at which the employee was employed, and the prevailing wage rate and the 38 supplement paid to such employee, including sums which are not paid 39 directly to the employee and which are expended for supplements. 40 § 4. Subparagraph (ii) of paragraph a of subdivision 3-a of section 41 220 of the labor law, as separately amended by chapters 7 and 63 of the 42 laws of 2008, is amended to read as follows: 43 (ii) The contractor and every sub-contractor on public works contracts 44 shall post in a prominent and accessible place on the site where the 45 work is performed a legible statement of all wage rates and supplements 46 as specified in the contract to be paid or provided, as the case may be, 47 for the various classes of mechanics, workers, or laborers employed on 48 the work. Such posted statement shall be written in plain English and 49 titled, in lettering no smaller than two inches in height and two inches 50 in width, with the phrase "Prevailing Rate of Wages". Each contractor 51 or sub-contractor shall ensure that such statement is provided in 52 English, Spanish and any other languages spoken by ten percent or more 53 of the workers employed by the contractor or sub-contractors. Such post- 54 ed statement shall be constructed of materials capable of withstanding 55 adverse weather conditions. The contractor and every sub-contractor 56 shall notify all laborers, workers or mechanics in their employ in writ-A. 7073 3 1 ing of the prevailing rate of wage for their particular job classifica- 2 tion. Such notification shall be given to every laborer, worker or 3 mechanic on their first pay stub and with every pay stub thereafter. At 4 the beginning of performance of every public works contract, and with 5 the first paycheck after July first of each year, the contractor and 6 every sub-contractor shall notify all laborers, workers, and mechanics 7 in their employ in writing, in accordance with such form as is 8 prescribed by the fiscal officer, of the telephone number and address 9 for the fiscal officer. The notice shall also inform each laborer, work- 10 er, or mechanic of his or her right to contact the fiscal officer or 11 some other representative if, at any time while working for the public 12 works contractor or sub-contractor, he or she does not receive the prop- 13 er prevailing rate of wages or supplements for his or her particular job 14 classification that he or she is entitled to receive under the contract. 15 If after investigation the fiscal officer finds that a contractor or 16 sub-contractor has (1) failed to post any notice required under this 17 subdivision, (2) failed to set forth the prevailing wage on the pay 18 stub, (3) wilfully posted the incorrect prevailing wage, or (4) wilfully 19 set forth the incorrect prevailing wage on the pay stub, the fiscal 20 officer, shall by an order which shall describe particularly the nature 21 of the alleged violation, assess the contractor or sub-contractor a 22 civil penalty of not more than fifty dollars upon the first finding of a 23 violation, two hundred fifty dollars upon the second finding of a 24 violation, and five hundred dollars for each subsequent violation. In 25 assessing the amount of the penalty, the fiscal officer shall give due 26 consideration to the size of the employer's business, the good faith of 27 the employer, and the gravity of the violation. 28 § 5. Paragraph c of subdivision 3-a of section 220 of the labor law, 29 as added by chapter 137 of the laws of 1985, is amended to read as 30 follows: 31 c. The fiscal officer may require any person or corporation performing 32 such public work to file with the fiscal officer within ten days of 33 receipt of said request, payroll records, including the reports required 34 in section two hundred twenty-two-b of this article, sworn to as to 35 their validity and accuracy, requested by the fiscal officer, for said 36 public work or for any public or private work performed by said person 37 or corporation during the same period of time as said public work. In 38 the event said person or corporation fails to provide the requested 39 information within the allotted ten days, the fiscal officer shall, 40 within fifteen days, order the department of jurisdiction to immediately 41 withhold from payment to said person or corporation up to twenty-five 42 percent of the amount, not to exceed one [hundred thousand] million 43 dollars, to be paid to said person or corporation under the terms of the 44 contract pursuant to which said public work is being performed. Said 45 amount withheld shall be immediately released upon receipt by the 46 department of jurisdiction of a notice from the fiscal officer indicat- 47 ing that the request for records had been satisfied. 48 § 6. Subparagraph 1 of paragraph b of subdivision 3 of section 220-b 49 of the labor law, as amended by chapter 241 of the laws of 2002, is 50 amended to read as follows: 51 (1) When two final determinations have been rendered against a 52 contractor, subcontractor, successor, or any substantially-owned affil- 53 iated entity of the contractor or subcontractor, any of the partners if 54 the contractor or subcontractor is a partnership, any officer of the 55 contractor or subcontractor who knowingly participated in the violation 56 of this article, any of the shareholders who own or control at least tenA. 7073 4 1 per centum of the outstanding stock of the contractor or subcontractor 2 or any successor within any consecutive six-year period determining that 3 such contractor, subcontractor, successor, or any substantially-owned 4 affiliated entity of the contractor or subcontractor, any of the part- 5 ners or any of the shareholders who own or control at least ten per 6 centum of the outstanding stock of the contractor or subcontractor, any 7 officer of the contractor or subcontractor who knowingly participated in 8 the violation of this article has [wilfully] willfully failed to pay the 9 prevailing rate of wages or to provide supplements in accordance with 10 this article, or has engaged in a pattern or practice of contracting 11 with subcontractors who willfully fail to pay the prevailing wage or to 12 provide supplements in accordance with this article, whether such fail- 13 ures were concurrent or consecutive and whether or not such final deter- 14 minations concerning separate public work projects are rendered simul- 15 taneously, such contractor, subcontractor, successor, or any 16 substantially-owned affiliated entity of the contractor or subcontrac- 17 tor, any of the partners if the contractor or subcontractor is a part- 18 nership or any of the shareholders who own or control at least ten per 19 centum of the outstanding stock of the contractor or subcontractor, any 20 officer of the contractor or subcontractor who knowingly participated in 21 the violation of this article shall be ineligible to submit a bid on or 22 be awarded any public work contract or subcontract with the state, any 23 municipal corporation or public body for a period of five years from the 24 second final determination, provided, however, that where any such final 25 determination involves the falsification of payroll records or the kick- 26 back of wages or supplements, the contractor, subcontractor, successor, 27 or any substantially-owned affiliated entity of the contractor or 28 subcontractor, any partner if the contractor or subcontractor is a part- 29 nership or any of the shareholders who own or control at least ten per 30 centum of the outstanding stock of the contractor or subcontractor, any 31 officer of the contractor or subcontractor who knowingly participated in 32 the violation of this article shall be ineligible to submit a bid on or 33 be awarded any public work contract with the state, any municipal corpo- 34 ration or public body for a period of five years from the first final 35 determination. 36 § 7. Section 220 of the labor law is amended by adding a new subdivi- 37 sion 4-a to read as follows: 38 4-a. 1. No contractor or sub-contractor can engage a sub-contractor or 39 any person to perform the whole or any part of a public works or 40 improvement sub-contract except pursuant to a written agreement. 41 2. The terms and conditions of such agreement shall include, but not 42 be limited to: 43 a. the names of the parties; 44 b. the office addresses of the parties, which shall not be a post 45 office box; 46 c. if the sub-contractor is not a corporation, the names of the indi- 47 vidual owners or partners and their home addresses; 48 d. the tax identification number of the sub-contractor; 49 e. a description of the goods, work or services to be provided; 50 f. the work location or site where the goods, work or services are to 51 be provided; 52 g. the projected schedule for delivery of goods or completion of such 53 work or services; 54 h. the value of the sub-contract; 55 i. the projected number of employees and their work classifications; 56 andA. 7073 5 1 j. an agreement to abide by and comply with all applicable state and 2 federal labor laws, including prevailing wage laws, posting requirements 3 and the requirements of section two hundred twenty-two-b of this arti- 4 cle, where applicable. 5 § 8. Subdivisions 1, 2 and 6 of section 231 of the labor law, as added 6 by chapter 777 of the laws of 1971, are amended to read as follows: 7 1. Every contractor shall pay a service employee under a contract for 8 building service work a wage of not less than the prevailing wage in the 9 locality for the craft, trade or occupation of the service employee. 10 Such wages shall be accompanied by a written receipt or statement, such 11 as a pay stub, detailing, at a minimum, the hours and days worked by 12 such employee, the job classification at which the employee is employed, 13 and the prevailing wage rate and the supplement paid to such employee, 14 including sums which are not paid directly to the employee and which are 15 expended for supplements. 16 2. The obligation of a contractor to pay prevailing supplements may be 17 discharged by furnishing any equivalent combinations of fringe benefits 18 or by making equivalent or differential payments in cash provided such 19 benefit is disclosed on an accompanied written receipt or statement and 20 under rules and regulations established by the fiscal officer. 21 6. (a) No later than the first day upon which work on said contract is 22 performed by any employee, the contractor shall post in a prominent and 23 accessible place on the site of the work a legible statement of the 24 wages to be paid to the [workmen] workers employed thereon. Each 25 contractor or sub-contractor shall ensure that such statement is 26 provided in English, Spanish and any other languages spoken by ten 27 percent or more of the workers employed by the contractor or sub-con- 28 tractors. Every contractor or sub-contractor who fails to post such 29 statement shall, for the first day of a violation thereof, be liable for 30 a civil penalty of not less than fifty dollars nor more than one hundred 31 dollars; and for the second day of such violation and each subsequent 32 day thereafter until such posting is displayed, be liable for a civil 33 penalty that is two times the amount of the penalty of the previous day, 34 not to exceed ten thousand dollars per day. Where the fiscal officer is 35 the commissioner, the fine shall be paid to the commissioner for deposit 36 in the state treasury. Where the fiscal officer is the city comptroller 37 of a city with a population in excess of one million, the penalty shall 38 be paid to said officer for deposit in the city treasury. 39 (b) Every contractor or sub-contractor shall maintain on the site of 40 the work, or on the site where workers report to work, original sign-in 41 and sign-out logs reflecting the name, social security number, the actu- 42 al dates and times of work, including arrival and departure times, of 43 all workers employed under the service contract, and the classification 44 in which they worked during such times. Such records shall be certified 45 by an officer of the contractor or sub-contractor and shall immediately 46 be produced on the site of the work, or submitted within five days to 47 the fiscal officer upon receipt of a request by the fiscal officer to 48 produce such records. Such records shall be maintained by the contractor 49 or sub-contractor for three years after the final acceptance of the 50 project. Knowingly providing the fiscal officer with false records shall 51 be a class A misdemeanor. 52 § 9. Paragraph (c) of subdivision 1 of section 234 of the labor law, 53 as added by chapter 777 of the laws of 1971, is amended to read as 54 follows: 55 (c) to examine the books, documents and records pertaining to the 56 wages paid to, and the hours of work performed by, service employees andA. 7073 6 1 to require the immediate production of records required to be maintained 2 pursuant to subdivision one of section two hundred thirty-three of this 3 article. If a contractor or sub-contractor fails to respond within ten 4 days to such a request, the fiscal officer shall, within fifteen days, 5 order the department of jurisdiction to immediately withhold from 6 payment to said person or corporation up to twenty-five percent of the 7 amount, not to exceed one million dollars, to be paid to said contractor 8 under the terms of the service contract. Said amount withheld shall be 9 immediately released upon receipt by the department of jurisdiction of a 10 notice from the fiscal officer indicating that the request for records 11 had been satisfied; 12 § 10. Subdivision 7 of section 235 of the labor law, as amended by 13 chapter 547 of the laws of 1998, is amended to read as follows: 14 7. When, pursuant to the provisions of this section, two final orders 15 have been entered against a contractor, subcontractor, successor, or any 16 substantially-owned affiliated entity of the contractor or subcontrac- 17 tor, any of the partners if the contractor or subcontractor is a part- 18 nership, any of the five largest shareholders of the contractor or 19 subcontractor, any officer of the contractor or subcontractor who know- 20 ingly participated in the violation of this article within any consec- 21 utive six-year period determining that such contractor or subcontractor 22 and/or its successor, substantially-owned affiliated entity of the 23 contractor or subcontractor, any of the partners or any of the five 24 largest shareholders of the contractor or subcontractor, any officer of 25 the contractor or subcontractor who knowingly participated in the 26 violation of this article has willfully failed to pay the prevailing 27 wages in accordance with the provisions of this article, or has engaged 28 in a pattern or practice of contracting with subcontractors who willful- 29 ly fail to pay the prevailing wage or to provide supplements in accord- 30 ance with this article, whether such failures were concurrent or consec- 31 utive and whether or not such final determinations concerning separate 32 public building service contracts are rendered simultaneously, such 33 contractor, subcontractor, successor, and if the contractor, subcontrac- 34 tor, successor, or any substantially-owned affiliated entity of the 35 contractor or subcontractor, any of the partners if the contractor or 36 subcontractor is a partnership, or any of the five largest shareholders 37 of the contractor or subcontractor, any officer of the contractor or 38 subcontractor who knowingly participated in the violation of this arti- 39 cle, or any successor is a corporation, any officer of such corporation 40 who knowingly participated in such failure, shall be ineligible to 41 submit a bid on or be awarded any public building service work for a 42 period of five years from the date of the second order, provided, howev- 43 er, that where any such final order involves the falsification of 44 payroll records or the kickback of wages, the contractor, subcontractor, 45 successor, substantially-owned affiliated entity of the contractor or 46 subcontractor, any partner if the contractor or subcontractor is a part- 47 nership or any of the five largest shareholders of the contractor or 48 subcontractor, any officer of the contractor or subcontractor who know- 49 ingly participated in the violation of this article shall be ineligible 50 to submit a bid on or be awarded any public building service contract or 51 subcontract with the state, any municipal corporation or public body for 52 a period of five years from the date of the first final order. Nothing 53 in this subdivision shall be construed as affecting any provision of any 54 other law or regulation relating to the awarding of public contracts. 55 § 11. This act shall take effect on the one hundred eightieth day 56 after it shall have become a law.