Bill Text: NY S08608 | 2023-2024 | General Assembly | Amended
Bill Title: Requires contractors and subcontractors working on covered projects submit their payrolls or transcripts to the fiscal officer; directs the department to create a database for such records that are publicly available for inspection.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced) 2024-06-06 - SUBSTITUTED BY A9265A [S08608 Detail]
Download: New_York-2023-S08608-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8608--A Cal. No. 1507 IN SENATE February 21, 2024 ___________ Introduced by Sens. RAMOS, CHU, CLEARE, HOYLMAN-SIGAL, PALUMBO, PARKER, SANDERS, SKOUFIS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favora- bly from said committee and committed to the Committee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retain- ing its place in the order of third reading AN ACT to amend the labor law, in relation to requiring contractors and subcontractors employed by the state to submit their payrolls or tran- scripts to the fiscal officer 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-j to 2 read as follows: 3 § 220-j. Payroll reporting requirements. 1. As used in this section: 4 a. "Contractor" means any entity entering into a contract to perform 5 construction, demolition, reconstruction, excavation, rehabilitation, 6 repair, installation, renovation, alteration, or custom fabrication, 7 which is subject to the provisions of this article. 8 b. "Fiscal officer" for purposes of this section shall have the same 9 meaning as set forth in paragraph e of subdivision five of section two 10 hundred twenty of this article. 11 c. "Subcontractor" means any entity subcontracting with a contractor 12 to perform construction, demolition, reconstruction, excavation, reha- 13 bilitation, repair, installation, renovation, alteration, or custom 14 fabrication, which is subject to the provisions of this article. 15 d. "Covered project" means any project subject to the provisions of 16 this article, including but not limited to, public work projects, 17 privately owned prevailing wage projects and those subject to the 18 provisions of sections two hundred twenty-four-a, two hundred twenty- 19 four-d and sections two hundred twenty-four-f of this article. 20 e. "Monthly" means at least once every thirty days while work is being 21 performed on a covered project and within thirty days after the final 22 day of work was performed on the covered project. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14231-06-4S. 8608--A 2 1 2. Each contractor and subcontractor working on a covered project 2 shall furnish records consistent with subparagraph (iii) of paragraph a 3 of subdivision three-a of section two hundred twenty of this article 4 directly to the fiscal officer in the following manner: 5 a. submit records monthly unless such covered project contract 6 requires more frequent reporting requirements; 7 b. in an electronic format, in a manner prescribed by the commission- 8 er, on the department's website; 9 c. provide documentation of each fund, plan or program where any 10 supplement has been paid or provided for; and 11 d. provide a copy of the payment bond required by section one hundred 12 thirty-seven of the state finance law, including all information open to 13 public inspection. 14 3. a. A contractor or subcontractor who fails to furnish records 15 pursuant to this section relating to its employees, shall be subject to 16 a penalty by the fiscal officer of one hundred dollars for each day such 17 contractor or subcontractor is in violation of this section. 18 b. The fiscal officer shall not level a penalty pursuant to this 19 subdivision until such contractor or subcontractor fails to furnish such 20 electronic records fourteen days after the requirements set forth in 21 paragraph a of subdivision two of this section. 22 c. Such penalties pursuant to this subdivision shall only accrue to 23 the actual contractor or subcontractor who failed to furnish such 24 required records. 25 d. All penalties collected pursuant to this section shall be used by 26 the fiscal officer for prevailing wage enforcement. 27 e. The fiscal officer shall undertake activities it deems necessary 28 to monitor and enforce compliance with this section. 29 4. No later than December thirty-first, two thousand twenty-four, the 30 department shall develop and implement an online database of electronic 31 certified payroll records submitted pursuant to this section. Such data- 32 base shall be publicly accessible, but not include personally identifi- 33 able information. Such database shall be searchable, including each 34 available payroll record subset. In a city with a population in excess 35 of one million, the commissioner shall ensure access to such online 36 database is provided to the fiscal officer in a manner that allows such 37 officer to monitor and enforce the provisions of this section. 38 § 2. This act shall take effect immediately.
