Bill Text: NY A00405 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for public access (public inspection and copying) to certain records of public entities regarding certain public work and building service employees (i.e., records or portions thereof pertaining to the employee classifications of, rate of wages and supplements paid to, and number of hours worked by the employees of contractors classified as apprentices); provides for redaction of social security numbers.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-01-06 - referred to labor [A00405 Detail]
Download: New_York-2009-A00405-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
405
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN, NOLAN, DIAZ, MILLMAN, COLTON -- read once
and referred to the Committee on Labor
AN ACT to amend the labor law and the public officers law, in relation
to public access to certain records regarding public work and building
service employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 220 of the labor law is amended by adding a new
2 subdivision 10 to read as follows:
3 10. ALL PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE
4 FOR PUBLIC INSPECTION AND COPYING OF THE RECORDS OR PORTIONS THEREOF
5 PERTAINING TO THE EMPLOYEE CLASSIFICATIONS OF, RATE OF WAGES AND SUPPLE-
6 MENTS PAID TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES OF CONTRAC-
7 TORS CLASSIFIED AS APPRENTICES PERFORMING WORK PURSUANT TO THIS ARTICLE
8 OR ARTICLE NINE OF THIS CHAPTER. THE SOCIAL SECURITY NUMBERS OF SUCH
9 EMPLOYEES SHALL BE REDACTED BY THE ENTITY. AN ENTITY SHALL NOT BE
10 PERMITTED TO DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO
11 THE PAYMENT OF WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY,
12 THE EMPLOYEES OF CONTRACTORS CLASSIFIED AS APPRENTICES SUBJECT TO THIS
13 ARTICLE OR ARTICLE NINE OF THIS CHAPTER.
14 S 2. Section 233 of the labor law is amended by adding a new subdivi-
15 sion 5 to read as follows:
16 5. ALL PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE
17 FOR PUBLIC INSPECTION AND COPYING THE RECORDS OR PORTIONS THEREOF
18 PERTAINING TO THE EMPLOYEE CLASSIFICATIONS OF, RATE OF WAGES AND SUPPLE-
19 MENTS PAID TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES OF CONTRAC-
20 TORS CLASSIFIED AS APPRENTICES PERFORMING WORK PURSUANT TO THIS ARTICLE
21 OR ARTICLE EIGHT OF THIS CHAPTER. THE SOCIAL SECURITY NUMBERS OF SUCH
22 EMPLOYEES SHALL BE REDACTED BY THE ENTITY. AN ENTITY SHALL NOT BE
23 PERMITTED TO DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02631-01-9
A. 405 2
1 THE PAYMENT OF WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY,
2 THE EMPLOYEES OF CONTRACTORS CLASSIFIED AS APPRENTICES SUBJECT TO THIS
3 ARTICLE OR ARTICLE EIGHT OF THIS CHAPTER.
4 S 3. Subdivision 2 of section 87 of the public officers law is amended
5 by adding a new paragraph (k) to read as follows:
6 (K) PROVIDED THAT, NOTHING IN THIS SECTION SHALL PERMIT AN AGENCY TO
7 DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF
8 WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY, THE EMPLOYEES
9 OF CONTRACTORS CLASSIFIED AS APPRENTICES SUBJECT TO ARTICLE EIGHT OR
10 NINE OF THE LABOR LAW. ALL PUBLIC AGENCIES SUBJECT TO THIS ARTICLE SHALL
11 MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING ALL RECORDS, EMPLOYEE
12 CLASSIFICATIONS, RATES OF WAGES AND SUPPLEMENTS, AND NUMBER OF HOURS
13 WORKED BY THE EMPLOYEES OF CONTRACTORS CLASSIFIED AS APPRENTICES
14 PERFORMING WORK PURSUANT TO ARTICLE EIGHT OR NINE OF THE LABOR LAW. THE
15 SOCIAL SECURITY NUMBERS OF SAID EMPLOYEES SHALL BE REDACTED BY THE AGEN-
16 CY.
17 S 4. Paragraph (a) of subdivision 2 of section 89 of the public offi-
18 cers law, as added by chapter 933 of the laws of 1977, is amended to
19 read as follows:
20 (a) The committee on public access to records may promulgate guide-
21 lines regarding deletion of identifying details or withholding of
22 records otherwise available under this article to prevent unwarranted
23 invasions of personal privacy. In the absence of such guidelines, an
24 agency may delete identifying details when it makes records available;
25 PROVIDED, HOWEVER, NOTHING IN THIS SECTION SHALL PERMIT THE DENIAL OF
26 ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
27 AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY, THE EMPLOYEES OF
28 CONTRACTORS CLASSIFIED AS APPRENTICES SUBJECT TO ARTICLE EIGHT OR NINE
29 OF THE LABOR LAW. ALL PUBLIC AGENCIES SUBJECT TO THIS ARTICLE SHALL MAKE
30 AVAILABLE FOR PUBLIC INSPECTION AND COPYING ALL RECORDS, EMPLOYEE CLAS-
31 SIFICATIONS, RATE OF WAGES AND SUPPLEMENTS, AND NUMBER OF HOURS WORKED
32 BY THE EMPLOYEES OF CONTRACTORS CLASSIFIED AS APPRENTICES PERFORMING
33 WORK PURSUANT TO ARTICLE EIGHT OR NINE OF THE LABOR LAW. THE SOCIAL
34 SECURITY NUMBERS OF SAID EMPLOYEES SHALL BE REDACTED BY THE AGENCY.
35 S 5. Paragraph (b) of subdivision 2 of section 89 of the public offi-
36 cers law is amended by adding a new subparagraph vii to read as follows:
37 VII. PROVIDED THAT, NOTHING IN THIS SECTION SHALL PERMIT AN AGENCY TO
38 DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF
39 WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY, EMPLOYEES OF
40 CONTRACTORS CLASSIFIED AS APPRENTICES SUBJECT TO ARTICLE EIGHT OR NINE
41 OF THE LABOR LAW. IT SHALL NOT BE AN UNWARRANTED INVASION OF PERSONAL
42 PRIVACY FOR ALL PUBLIC AGENCIES SUBJECT TO THIS ARTICLE, TO MAKE AVAIL-
43 ABLE FOR PUBLIC INSPECTION AND COPYING THE RECORDS OF ALL EMPLOYEE CLAS-
44 SIFICATIONS, RATE OF WAGES AND SUPPLEMENTS, AND NUMBER OF HOURS WORKED
45 BY THE EMPLOYEES OF CONTRACTORS CLASSIFIED AS APPRENTICES PERFORMING
46 WORK PURSUANT TO ARTICLE EIGHT OR NINE OF THE LABOR LAW. THE SOCIAL
47 SECURITY NUMBERS OF SAID EMPLOYEES SHALL BE REDACTED BY THE AGENCY.
48 S 6. Subdivision 2-a of section 89 of the public officers law, as
49 added by chapter 652 of the laws of 1983, is amended to read as follows:
50 2-a. Nothing in this article shall permit disclosure which constitutes
51 an unwarranted invasion of personal privacy as defined in subdivision
52 two of this section if such disclosure is prohibited under section nine-
53 ty-six of this chapter, PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION
54 SHALL PERMIT AN AGENCY TO DENY ACCESS TO RECORDS OR PORTIONS THEREOF
55 PERTAINING TO THE PAYMENT OF RATE OF WAGES AND SUPPLEMENTS TO, AND
56 NUMBER OF HOURS WORKED BY, EMPLOYEES OF CONTRACTORS CLASSIFIED AS
A. 405 3
1 APPRENTICES SUBJECT TO ARTICLE EIGHT OR NINE OF THE LABOR LAW. IT SHALL
2 NOT BE AN UNWARRANTED INVASION OF PERSONAL PRIVACY AS DEFINED IN SUBDI-
3 VISION TWO OF THIS SECTION, NOR A PROHIBITED DISCLOSURE UNDER SECTION
4 NINETY-SIX OF THIS CHAPTER FOR ALL PUBLIC AGENCIES SUBJECT TO THIS ARTI-
5 CLE, TO MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING, THE RECORDS OF
6 ALL EMPLOYEE CLASSIFICATIONS, RATE OF WAGES AND SUPPLEMENTS, AND NUMBER
7 OF HOURS WORKED BY THE EMPLOYEES OF CONTRACTORS CLASSIFIED AS APPREN-
8 TICES PERFORMING WORK PURSUANT TO ARTICLE EIGHT OR NINE OF THE LABOR
9 LAW. THE SOCIAL SECURITY NUMBERS OF SAID EMPLOYEES SHALL BE REDACTED BY
10 THE AGENCY.
11 S 7. This act shall take effect on the sixtieth day after it shall
12 have become a law.
