S01093 Summary:

BILL NOS01093
 
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.
Go to top    

S01093 Actions:

BILL NOS01093
 
01/10/2023REFERRED TO LABOR
01/03/2024REFERRED TO LABOR
Go to top

S01093 Committee Votes:

Go to top

S01093 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S01093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1093
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2023
                                       ___________
 
        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 he or she deems neces-
    17  sary, determine their duties and fix their compensation.  Such assistant
    18  inspector general shall assist the inspector general in carrying out the
    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.
                                                                   LBD03311-01-3

        S. 1093                             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. 1093                             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 duly designated representative in the manner provided by law.  No
    22  expenditure shall be made from this appropriation until a certificate of
    23  approval  of  availability shall have been issued by the director of the
    24  budget and filed with the state comptroller and a copy  filed  with  the
    25  chair of the senate finance committee and the chair of the assembly ways
    26  and  means  committee. Such certificate may be amended from time to time
    27  by the director of the budget and a copy of each such amendment shall be
    28  filed with the state  comptroller,  the  chair  of  the  senate  finance
    29  committee and the chair of the assembly ways and means committee.
    30    §  4. Section 220 of the labor law is amended by adding a new subdivi-
    31  sion 10 to read as follows:
    32    10. In any instance where the variation between the  low  bid  on  any
    33  public work contract or subcontract with the state, any municipal corpo-
    34  ration or public body and the next lowest bid is ten percent or more, or
    35  is  ten  percent  lower  than  the  contracting entity's estimate of the
    36  project cost, the low bidder shall provide proof to the satisfaction  of
    37  the  contracting  entity that the prevailing wage shall be paid, or such
    38  bid shall be rejected.
    39    § 5. Section 231 of the labor law is amended by adding a new  subdivi-
    40  sion 8 to read as follows:
    41    8.  In  any  instance  where  the variation between the low bid on any
    42  public work contract or subcontract with the state, any municipal corpo-
    43  ration or public body and the next lowest bid is ten percent or more, or
    44  is ten percent lower than  the  contracting  entity's  estimate  of  the
    45  project  cost, the low bidder shall provide proof to the satisfaction of
    46  the contracting entity that the prevailing wage shall be paid,  or  such
    47  bid shall be rejected.
    48    §  6. Section 220 of the labor law is amended by adding a new subdivi-
    49  sion 6-a to read as follows:
    50    6-a. The fiscal officer shall require each engineer-in-charge or other
    51  agent who has direct  supervision  of  the  execution  of  the  contract
    52  representing  the contracting agency other than the contractor or his or
    53  her employees on all contracts requiring prevailing wage rates to record
    54  a daily headcount of all workers on a project site,  separately  enumer-
    55  ated  regarding  each classification of worker including hours worked at
    56  regular, overtime or holiday pay as classified in  the  prevailing  wage

        S. 1093                             4
 
     1  rate schedule. Such records shall be submitted to the fiscal officer and
     2  shall  be  maintained  by  the  fiscal officer for three years after the
     3  final acceptance of the project. Knowingly providing the fiscal  officer
     4  with false records shall be a misdemeanor.
     5    §  7.  Subdivision  1  of section 103 of the general municipal law, as
     6  amended by section 1 of chapter 2 of the laws of  2012,  is  amended  to
     7  read as follows:
     8    1. Except as otherwise expressly provided by an act of the legislature
     9  or  by  a  local  law adopted prior to September first, nineteen hundred
    10  fifty-three, all contracts for public work involving an  expenditure  of
    11  more  than  thirty-five  thousand  dollars  which  are  subject  to  the
    12  provisions of article eight of the labor law, and all purchase contracts
    13  involving an expenditure of more than twenty thousand dollars, shall  be
    14  awarded  by  the  appropriate  officer,  board  or agency of a political
    15  subdivision or of any district therein including but not  limited  to  a
    16  soil  conservation  district to the lowest responsible bidder furnishing
    17  the required security after advertisement for sealed bids in the  manner
    18  provided  by  this  section,  provided, however, that purchase contracts
    19  (including contracts  for  service  work,  but  excluding  any  purchase
    20  contracts necessary for the completion of a public works contract pursu-
    21  ant  to  article  eight of the labor law) may be awarded on the basis of
    22  best value, as defined in section one hundred sixty-three of  the  state
    23  finance  law,  to  a responsive and responsible bidder or offerer in the
    24  manner provided by this section except that in a  political  subdivision
    25  other  than  a city with a population of one million inhabitants or more
    26  or any district, board or agency with jurisdiction  exclusively  therein
    27  the  use  of  best  value  for  awarding a purchase contract or purchase
    28  contracts must be authorized by local law or, in the case of a  district
    29  corporation,   school  district  or  board  of  cooperative  educational
    30  services, by rule, regulation or resolution adopted at a public meeting.
    31  Such officer, board, or agency may require responsible bidders and their
    32  subcontractors  to  participate  in  apprenticeship  training   programs
    33  approved  by  the  department  of labor. In any case where a responsible
    34  bidder's or responsible offerer's gross price is reducible by an  allow-
    35  ance  for  the value of used machinery, equipment, apparatus or tools to
    36  be traded in by a  political  subdivision,  the  gross  price  shall  be
    37  reduced  by the amount of such allowance, for the purpose of determining
    38  the best value.  In cases where two or more responsible bidders furnish-
    39  ing the required security submit identical bids as to price, such  offi-
    40  cer, board or agency may award the contract to any of such bidders. Such
    41  officer,  board  or  agency may, in his or her or its discretion, reject
    42  all bids or offers and readvertise for new bids or offers in the  manner
    43  provided  by  this  section.  In  determining  whether  a purchase is an
    44  expenditure within the discretionary threshold  amounts  established  by
    45  this  subdivision,  the officer, board or agency of a political subdivi-
    46  sion or of any district therein shall consider the  reasonably  expected
    47  aggregate  amount  of all purchases of the same commodities, services or
    48  technology to be made within the twelve-month period commencing  on  the
    49  date  of  purchase.    Purchases  of commodities, services or technology
    50  shall not be artificially divided for  the  purpose  of  satisfying  the
    51  discretionary  buying  thresholds  established  by  this  subdivision. A
    52  change to or a renewal of a discretionary purchase shall not be  permit-
    53  ted  if the change or renewal would bring the reasonably expected aggre-
    54  gate amount of all purchases of the same commodities, services or  tech-
    55  nology  from the same provider within the twelve-month period commencing
    56  on the date of the first purchase to an amount greater than the  discre-

        S. 1093                             5
 
     1  tionary  buying  threshold amount. For purposes of this section, "sealed
     2  bids" and "sealed offers", as that term applies to  purchase  contracts,
     3  (including  contracts  for  service  work,  but  excluding  any purchase
     4  contracts necessary for the completion of a public works contract pursu-
     5  ant  to  article  eight  of the labor law) shall include bids and offers
     6  submitted in an electronic format including submission of the  statement
     7  of  non-collusion  required by section one hundred three-d of this arti-
     8  cle, provided that the governing board of the political  subdivision  or
     9  district,  by  resolution, has authorized the receipt of bids and offers
    10  in such format. Submission in  electronic  format  may,  for  technology
    11  contracts  only,  be  required  as the sole method for the submission of
    12  bids and offers. Bids and offers submitted in an electronic format shall
    13  be transmitted by bidders and offerers to the  receiving  device  desig-
    14  nated  by  the  political  subdivision  or  district. Any method used to
    15  receive electronic bids and offers shall comply with  article  three  of
    16  the  state technology law, and any rules and regulations promulgated and
    17  guidelines developed thereunder and, at a minimum, must (a) document the
    18  time and date of receipt of each bid and offer received  electronically;
    19  (b)  authenticate the identity of the sender; (c) ensure the security of
    20  the information transmitted; and (d) ensure the confidentiality  of  the
    21  bid or offer until the time and date established for the opening of bids
    22  or  offers.  The  timely  submission  of  an  electronic bid or offer in
    23  compliance with instructions provided for such submission in the  adver-
    24  tisement  for  bids  or  offers  and/or  the specifications shall be the
    25  responsibility solely of each bidder or offerer or prospective bidder or
    26  offerer. No political subdivision or district therein  shall  incur  any
    27  liability from delays of or interruptions in the receiving device desig-
    28  nated for the submission and receipt of electronic bids and offers.
    29    §  8.  Subdivision  1  of section 103 of the general municipal law, as
    30  amended by section 2 of chapter 2 of the laws of  2012,  is  amended  to
    31  read as follows:
    32    1. Except as otherwise expressly provided by an act of the legislature
    33  or  by  a  local  law adopted prior to September first, nineteen hundred
    34  fifty-three, all contracts for public work involving an  expenditure  of
    35  more  than  thirty-five  thousand  dollars  which  are  subject  to  the
    36  provisions of article eight of the labor law, and all purchase contracts
    37  involving an expenditure of more than twenty thousand dollars, shall  be
    38  awarded  by  the  appropriate  officer,  board  or agency of a political
    39  subdivision or of any district therein including but not  limited  to  a
    40  soil  conservation  district to the lowest responsible bidder furnishing
    41  the required security after advertisement for sealed bids in the  manner
    42  provided  by  this  section,  provided, however, that purchase contracts
    43  (including contracts  for  service  work,  but  excluding  any  purchase
    44  contracts necessary for the completion of a public works contract pursu-
    45  ant  to  article  eight of the labor law) may be awarded on the basis of
    46  best value, as defined in section one hundred sixty-three of  the  state
    47  finance  law,  to  a responsive and responsible bidder or offerer in the
    48  manner provided by this section except that in a  political  subdivision
    49  other  than  a city with a population of one million inhabitants or more
    50  or any district, board or agency with jurisdiction  exclusively  therein
    51  the  use  of  best  value  of  awarding  a purchase contract or purchase
    52  contracts must be authorized by local law or, in the case of a  district
    53  corporation,   school  district  or  board  of  cooperative  educational
    54  services, by rule, regulation or resolution adopted at a public meeting.
    55  Such officer, board, or agency may require responsible bidders and their
    56  subcontractors  to  participate  in  apprenticeship  training   programs

        S. 1093                             6
 
     1  approved  by  the department of labor. In determining whether a purchase
     2  is an expenditure within the discretionary threshold amounts established
     3  by this subdivision, the officer, board or agency of a political  subdi-
     4  vision or of any district therein shall consider the reasonably expected
     5  aggregate  amount  of all purchases of the same commodities, services or
     6  technology to be made within the twelve-month period commencing  on  the
     7  date of purchase. Purchases of commodities, services or technology shall
     8  not  be  artificially  divided for the purpose of satisfying the discre-
     9  tionary buying thresholds established by this subdivision. A  change  to
    10  or  a  renewal of a discretionary purchase shall not be permitted if the
    11  change or renewal would bring the reasonably expected  aggregate  amount
    12  of  all  purchases  of the same commodities, services or technology from
    13  the same provider within the twelve-month period commencing on the  date
    14  of the first purchase to an amount greater than the discretionary buying
    15  threshold  amount. In any case where a responsible bidder's or responsi-
    16  ble offerer's gross price is reducible by an allowance for the value  of
    17  used machinery, equipment, apparatus or tools to be traded in by a poli-
    18  tical  subdivision,  the  gross  price shall be reduced by the amount of
    19  such allowance, for the purpose of  determining  the  low  bid  or  best
    20  value.  In  cases  where  two or more responsible bidders furnishing the
    21  required security submit identical bids as to price, such officer, board
    22  or agency may award the contract to any of such bidders.  Such  officer,
    23  board  or  agency may, in his, her or its discretion, reject all bids or
    24  offers and readvertise for new bids or offers in the manner provided  by
    25  this section.
    26    §  9. Section 220 of the labor law is amended by adding a new subdivi-
    27  sion 11 to read as follows:
    28    11. All public entities subject to this article shall  make  available
    29  for  public  inspection  and  copying of the records or portions thereof
    30  pertaining to the names of, employee classifications of, rate  of  wages
    31  and  supplements paid to, and number of hours worked by the employees of
    32  contractors performing work pursuant to this article and article nine of
    33  this chapter. The social security  numbers  of  such  employees  may  be
    34  blocked  out  by  the  agency.  An entity shall not be permitted to deny
    35  access to records or portions thereof pertaining to the payment of wages
    36  and supplements to, and number of hours  worked  by,  the  employees  of
    37  contractors subject to this article and article nine of this chapter.
    38    § 10. Section 233 of the labor law is amended by adding a new subdivi-
    39  sion 5 to read as follows:
    40    5.  All  public  entities subject to this article shall make available
    41  for public inspection and copying of the  records  or  portions  thereof
    42  pertaining  to  the names of, employee classifications of, rate of wages
    43  and supplements paid to, and number of hours worked by the employees  of
    44  contractors  performing  work pursuant to this article and article eight
    45  of this chapter. The social security numbers of such  employees  may  be
    46  blocked  out  by  the  agency.  An entity shall not be permitted to deny
    47  access to records or portions thereof pertaining to the payment of wages
    48  and supplements to, and number of hours  worked  by,  the  employees  of
    49  contractors subject to this article and article eight of this chapter.
    50    §  11.  Subdivision  2  of  section  87  of the public officers law is
    51  amended by adding a new paragraph (s) to read as follows:
    52    (s) Provided that, nothing in this subdivision shall permit an  agency
    53  to  deny access to records or portions thereof pertaining to the payment
    54  of wages and supplements to, and number of hours worked by the employees
    55  of contractors subject to articles eight and nine of the labor law.  All
    56  public  entities subject to this article shall make available for public

        S. 1093                             7

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

        S. 1093                             8
 
     1    §  15. Subparagraph (iii) of paragraph a of subdivision 3-a of section
     2  220 of the labor law, as amended by chapter 86 of the laws of  2020,  is
     3  amended to read as follows:
     4    (iii)  The  contractor  and  every  sub-contractor shall keep original
     5  payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
     6  him  or  her  as  true under the penalties of perjury, setting forth the
     7  names and addresses and showing for each worker,  laborer,  or  mechanic
     8  the hours and days worked, the occupations worked, the hourly wage rates
     9  paid  and the supplements paid or provided. Such payrolls or transcripts
    10  thereof shall be accompanied by a copy of  each  notice  required  under
    11  subdivision  one or two of section one hundred ninety-five of this chap-
    12  ter for every laborer, worker or mechanic, which shall be subscribed and
    13  sworn to or affirmed as true under penalties of  perjury  and  shall  be
    14  deemed  to  be  part of the original payrolls or transcripts thereof for
    15  purposes of this subdivision. Where  the  contractor  or  sub-contractor
    16  maintains  no  regular place of business in New York state and where the
    17  amount of the contract is in excess of twenty-five thousand dollars such
    18  payrolls shall be kept on the site of the work. All other contractors or
    19  sub-contractors shall produce within five days on the site of  the  work
    20  and  upon  formal  order  of  the  commissioner or his or her designated
    21  representative such original payrolls or transcripts thereof, subscribed
    22  and sworn to or affirmed by him or her as true under  the  penalties  of
    23  perjury, as may be deemed necessary to adequately enforce the provisions
    24  of  this  article. Every contractor, and sub-contractor, shall submit to
    25  the department of jurisdiction within thirty days after issuance of  its
    26  first  payroll,  and  every  thirty days thereafter, a transcript of the
    27  original payroll record,  as  provided  by  this  article,  and  at  the
    28  completion  of the project a summary transcript specifying the hours and
    29  days worked by each workman, laborer or mechanic, the trade  or  occupa-
    30  tion  at  which he or she worked, the hourly wage rate paid, the supple-
    31  ments paid or provided to such employee and the names,  tax  identifica-
    32  tion  number  and  job  title  of  each  individual  classified  by  the
    33  contractor or subcontractor as independent contractors  who  were  hired
    34  and  employed  by  such  contractor  to  perform  work  subject  to  the
    35  provisions of this article. Such summary transcript shall be  subscribed
    36  and  sworn  to  or  affirmed as true under the penalties of perjury. Any
    37  person who willfully fails to file such payroll records with the depart-
    38  ment of jurisdiction, commissioner, or the fiscal officer shall be guil-
    39  ty of a class E felony. In addition, any person who willfully  fails  to
    40  file such payroll records within the time specified in this subparagraph
    41  shall  be  subject  to a civil penalty of up to one thousand dollars per
    42  day.  Each independent contractor shall have obtained a tax  identifica-
    43  tion  number  prior  to  employment  on  a project and shall submit such
    44  number to the contractor as required by the commissioner.
    45    § 16. Subdivision 3-a of section 220 of the labor law  is  amended  by
    46  adding a new paragraph g to read as follows:
    47    g. Where the capital construction cost of a public work subject to the
    48  provisions  of  this section exceeds one million dollars, the department
    49  of jurisdiction shall certify that the project will be audited from time
    50  to time by the  department  of  labor  to  ensure  compliance  with  the
    51  provisions  of this article. The department of jurisdiction shall inform
    52  the department of labor of the project's  cost  and  shall  establish  a
    53  timetable for audit by the department of labor.
    54    §  17. Severability clause. If any clause, sentence, paragraph, subdi-
    55  vision, section or part contained in any  part  of  this  act  shall  be
    56  adjudged  by  any  court  of  competent jurisdiction to be invalid, such

        S. 1093                             9
 
     1  judgment shall not affect, impair, or invalidate the remainder  thereof,
     2  but  shall  be  confined in its operation to the clause, sentence, para-
     3  graph, subdivision, section  or  part  contained  in  any  part  thereof
     4  directly  involved  in the controversy in which such judgment shall have
     5  been rendered. It is hereby declared to be the intent of the legislature
     6  that this act would have been enacted even if  such  invalid  provisions
     7  had not been included herein.
     8    § 18. This act shall take effect immediately; provided, however, that:
     9    1.  Sections four, five, six and fifteen of this act shall take effect
    10  on the sixtieth day after they shall have become a law;
    11    2. Sections seven and eight of this act shall apply to  contracts  let
    12  on or after such effective date of each section respectively;
    13    3.  The  amendments  to  subdivision  1  of section 103 of the general
    14  municipal law made by section seven of this act shall be subject to  the
    15  expiration and reversion of such subdivision pursuant to subdivision (a)
    16  of  section  41 of part X of chapter 62 of the laws of 2003, as amended,
    17  when upon such date the provisions of section eight of  this  act  shall
    18  take effect; and
    19    4. Sections nine through fourteen of this act shall take effect on the
    20  thirtieth day after they shall have become a law.
Go to top