Bill Text: NY A04421 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires public works contractor to agree to be subject to the regulations of the commissioner of labor relating to establishing a procedure for the reporting of fraud by the employees of such contractor or of any subcontractor thereof; requires posting of notice to employees of such fraud reporting procedure; provides employees the option to resign with 6 months pay upon reporting of fraud; violation of such provisions shall constitute a misdemeanor.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A04421 Detail]

Download: New_York-2011-A04421-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4421
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M. of A. P. RIVERA, ORTIZ -- Multi-Sponsored by -- M. of
         A. COLTON, CUSICK, CYMBROWITZ, FINCH,  J. RIVERA,  WEINSTEIN  --  read
         once and referred to the Committee on Labor
       AN  ACT  to  amend  the labor law, in relation to requiring public works
         contractors to agree to post notice  of  provisions  relating  to  the
         reporting of fraud by employees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The labor law is amended by adding a new section  220-i  to
    2  read as follows:
    3    S  220-I.  PROVISIONS  IN  CONTRACTS  PROVIDING FOR NOTICE OF RIGHT OF
    4  EMPLOYEES TO REPORT FRAUD. 1. EVERY CONTRACT FOR OR  ON  BEHALF  OF  THE
    5  STATE,  A  PUBLIC  AUTHORITY,  A PUBLIC BENEFIT CORPORATION, A MUNICIPAL
    6  CORPORATION  OR  A  COMMISSION  APPOINTED  PURSUANT  TO  LAW   FOR   THE
    7  CONSTRUCTION,  ALTERATION  OR  REPAIR  OF  ANY PUBLIC BUILDING OR PUBLIC
    8  WORK, OR FOR THE MANUFACTURE, SALE OR DISTRIBUTION OF MATERIALS,  EQUIP-
    9  MENT  OR  SUPPLIES SHALL CONTAIN PROVISIONS BY WHICH THE CONTRACTOR WITH
   10  THE STATE,  PUBLIC  AUTHORITY,  PUBLIC  BENEFIT  CORPORATION,  MUNICIPAL
   11  CORPORATION OR SUCH A COMMISSION AGREES TO:
   12    (A)  BE  SUBJECT  TO THE RULES AND REGULATIONS OF THE COMMISSIONER AND
   13  THE PROVISIONS OF THIS SECTION PROVIDING A PROCEDURE AND  PROCESSES  FOR
   14  THE  REPORTING BY THE EMPLOYEES OF SUCH CONTRACTOR OR OF ANY SUBCONTRAC-
   15  TOR OF SUCH CONTRACTOR OF ANY INCIDENT OR INCIDENTS OF THE COMMISSION OF
   16  ANY ACT OF FRAUD IN THE PERFORMANCE OF SUCH CONTRACT IN VIOLATION OF THE
   17  TERMS OF SUCH CONTRACT, THIS CHAPTER OR ANY OTHER PROVISION OF LAW; AND
   18    (B) POST IN A PROMINENT AND ACCESSIBLE PLACE ON THE WORK SITE OF  SUCH
   19  CONTRACT  A NOTICE, IN SUCH FORM AND SUBSTANCE AS THE COMMISSIONER SHALL
   20  DETERMINE, OF THE PROVISIONS OF THIS SECTION AND  ANY  RULES  AND  REGU-
   21  LATIONS ADOPTED PURSUANT THERETO. SUCH POSTED NOTICE SHALL BE PRINTED IN
   22  PLAIN  ENGLISH  AND  CONSTRUCTED  OF  MATERIALS  CAPABLE OF WITHSTANDING
   23  ADVERSE WEATHER CONDITIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00050-01-1
       A. 4421                             2
    1    2. THE COMMISSIONER SHALL ESTABLISH A PROCEDURE AND PROCESSES BY WHICH
    2  AN EMPLOYEE OF A CONTRACTOR SUBJECT TO THE PROVISIONS OF THIS SECTION OR
    3  OF A SUBCONTRACTOR OF SUCH  CONTRACTOR  MAY  CONFIDENTIALLY  REPORT  ANY
    4  INCIDENT  OF  THE COMMISSION OF ANY ACT OF FRAUD IN THE PERFORMANCE OF A
    5  CONTRACT IN VIOLATION OF THE TERMS OF SUCH CONTRACT, THIS CHAPTER OR ANY
    6  OTHER  PROVISION  OF  LAW  TO  THE  APPROPRIATE DISTRICT ATTORNEY OR THE
    7  ATTORNEY GENERAL.
    8    3. ANY EMPLOYEE WHO REPORTS AN INCIDENT  OF  FRAUD  PURSUANT  TO  THIS
    9  SECTION,  UPON  A  FINDING  BY  THE COMMISSIONER THAT REASONABLE GROUNDS
   10  EXISTED FOR SUCH REPORT, MAY RESIGN FROM HIS OR HER EMPLOYMENT AND SHALL
   11  BE PAID THE PREVAILING WAGE AND SUPPLEMENTS FOR SUCH  EMPLOYMENT  FOR  A
   12  PERIOD  OF  SIX MONTHS. NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED
   13  TO REQUIRE ANY SUCH EMPLOYEE TO RESIGN NOR SHALL IT PRECLUDE THE  APPLI-
   14  CATION OF ARTICLE TWENTY-C OF THIS CHAPTER.
   15    4. ANY CONTRACTOR WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
   16  GUILTY  OF  A  MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE PUNISHED
   17  FOR A FIRST OFFENSE BY A FINE OF FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
   18  FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH  FINE  AND  IMPRISONMENT;
   19  AND  FOR  A  SECOND OR SUBSEQUENT OFFENSE WITHIN FIVE YEARS BY A FINE OF
   20  ONE THOUSAND DOLLARS AND THE CONTRACT ON WHICH  THE  VIOLATION  OCCURRED
   21  SHALL BE FORFEITED.
   22    S 2. This act shall take effect on the one hundred eightieth day after
   23  it  shall  have  become  a  law; provided that any rules and regulations
   24  necessary to implement the provisions of this act on its effective  date
   25  are authorized and directed to be promulgated on or before such date.