Bill Text: NY A06505 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires all state agencies to require all contractors that provide services for state purposes pursuant to a contract, submit an annual employment report with the job titles and number of employees necessary to perform such contract; further provides that such information be submitted electronically in order for such information to be searchable and transferable to a spreadsheet or database.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-03-18 - REFERRED TO PROCUREMENT AND CONTRACTS [A06505 Detail]

Download: New_York-2023-A06505-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6505--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 12, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee  on Governmental Operations -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee

        AN ACT to amend the state finance law, in relation  to  requiring  elec-
          tronic reporting

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph g of subdivision 4 of section 163  of  the  state
     2  finance  law,  as added by chapter 10 of the laws of 2006, is amended to
     3  read as follows:
     4    g. (i) All state agencies shall  require  all  contractors,  including
     5  sub-contractors,  that provide services for state purposes pursuant to a
     6  contract, to submit an annual employment report for  each  contract  for
     7  services  that includes for each employment category within the contract
     8  the number of employees employed to provide services under the contract,
     9  the number of hours they work and their  total  compensation  under  the
    10  contract.  Employment  reports  shall  be  submitted electronically in a
    11  manner that allows such data to be  searchable  and  transferable  to  a
    12  spreadsheet or database without further manipulation.  The reports shall
    13  be submitted on a form prescribed by the office of audit and control, to
    14  the  agency  that  awarded the contract, the department of civil service
    15  and the department of audit and  control  and  shall  be  available  for
    16  public  inspection  and  copying pursuant to section eighty-seven of the
    17  public officers law provided that in disclosing such reports pursuant to
    18  the public officers law, the agency making the disclosure  shall  redact
    19  the  name  or  social security number of any individual employee that is
    20  included in such document. The department of  audit  and  control  shall
    21  maintain  a  searchable database of all electronic forms submitted under
    22  this paragraph and such searchable database shall be posted on a public-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10698-03-3
        A. 6505--B                          2

     1  ly available website and shall include, but need not be limited to,  the
     2  authorizing  agency,  the  name of the contractor or sub-contractor, the
     3  date such contract was entered  into,  the  job  title,  the  number  of
     4  employees employed to provide services under the contract, the number of
     5  hours  they work and their total compensation under the contract and the
     6  total amount of the contract. It shall  be  the  responsibility  of  the
     7  agency awarding the contract to ensure that all contractors and sub-con-
     8  tractors  submit the annual report required by this paragraph within one
     9  year of the execution date of the contract and annually  thereafter  for
    10  contracts lasting more than one year.
    11    (ii)  Contractors  and  sub-contractors  who fail to submit the annual
    12  employment report required by subparagraph (i) of this  paragraph  shall
    13  be  notified  immediately  by the agency awarding the contract that such
    14  report is due.  If such report is not furnished within sixty days  after
    15  notification  by  the agency that such report is due, such contractor or
    16  sub-contractor may be subject to a civil penalty of up to  one  thousand
    17  dollars per month until such report is filed.  If the report required by
    18  subparagraph  (i)  of this paragraph is not submitted within one hundred
    19  eighty days after notification by the agency that such  report  is  due,
    20  the  agency awarding the contract may suspend or terminate such contract
    21  for non-compliance.     Contractors  or  sub-contractors  who  have  had
    22  contracts  terminated  for  failure  to  file  annual employment reports
    23  pursuant to this subparagraph shall be ineligible from  bidding  on  any
    24  other state contracts for a minimum of three years.
    25    §  2.    This  act  shall take effect on the one hundred eightieth day
    26  after it shall have become a law; provided, however, that the amendments
    27  to section 163 of the state finance law made by section one of this  act
    28  shall not affect the repeal of such section and shall be deemed repealed
    29  therewith.