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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--A

                               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

        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 names of the employees and  the  number  of  employees  employed  to
     9  provide  services  under the contract, the number of hours they work and
    10  their total compensation under the contract. Employment reports shall be
    11  submitted electronically in a manner that allows such data to be search-
    12  able and transferable to  a  spreadsheet  or  database  without  further
    13  manipulation.    The  reports shall be submitted on a form prescribed by
    14  the office of  audit  and  control,  to  the  agency  that  awarded  the
    15  contract,  the  department  of civil service and the department of audit
    16  and control and shall be available for  public  inspection  and  copying
    17  pursuant  to  section  eighty-seven  of the public officers law provided
    18  that in disclosing such reports pursuant to the public officers law, the
    19  agency making the disclosure shall redact the [name or] social  security
    20  number of any individual employee that is included in such document. The
    21  department  of audit and control shall maintain a searchable database of
    22  all electronic forms submitted under this paragraph and such  searchable
    23  database  shall  be  posted  on  a  publicly available website and shall
    24  include, but need not be limited to, the authorizing agency, the name of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10698-02-3
        A. 6505--A                          2

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