S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8608
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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 commissioner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  220-j  to
 read as follows:
   § 220-J. PAYROLL REPORTING REQUIREMENTS. 1. AS USED IN THIS SECTION:
   A.  "CONTRACTOR"  MEANS ANY ENTITY ENTERING INTO A CONTRACT TO PERFORM
 CONSTRUCTION, DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REHABILITATION,
 REPAIR,  INSTALLATION,  RENOVATION,  ALTERATION,  OR CUSTOM FABRICATION,
 WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   B. "SUBCONTRACTOR" MEANS ANY ENTITY SUBCONTRACTING WITH  A  CONTRACTOR
 TO  PERFORM  CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHA-
 BILITATION, REPAIR,  INSTALLATION,  RENOVATION,  ALTERATION,  OR  CUSTOM
 FABRICATION, WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   C.  "COVERED  PROJECT"  MEANS ANY PROJECT SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE, INCLUDING  BUT  NOT  LIMITED  TO,  PUBLIC  WORK  PROJECTS,
 PRIVATELY  OWNED  PREVAILING  WAGE  PROJECTS  AND  THOSE  SUBJECT TO THE
 PROVISIONS OF SECTIONS TWO HUNDRED TWENTY-FOUR-A,  TWO  HUNDRED  TWENTY-
 FOUR-D AND SECTIONS TWO HUNDRED TWENTY-FOUR-F OF THIS ARTICLE.
   D. "MONTHLY" MEANS AT LEAST ONCE EVERY THIRTY DAYS WHILE WORK IS BEING
 PERFORMED  ON  A  COVERED PROJECT AND WITHIN THIRTY DAYS AFTER THE FINAL
 DAY OF WORK WAS PERFORMED ON THE COVERED PROJECT.
   2. EACH CONTRACTOR AND SUBCONTRACTOR  WORKING  ON  A  COVERED  PROJECT
 SHALL  FURNISH RECORDS CONSISTENT WITH SUBPARAGRAPH (III) OF PARAGRAPH A
 OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED  TWENTY  OF  THIS  ARTICLE
 DIRECTLY TO THE COMMISSIONER IN THE FOLLOWING MANNER:
   A.  SUBMIT  RECORDS  MONTHLY  UNLESS  SUCH  COVERED  PROJECT  CONTRACT
 REQUIRES MORE FREQUENT REPORTING REQUIREMENTS;
   B. IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE  COMMISSION-
 ER, ON THE DEPARTMENT'S WEBSITE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14231-03-4
 S. 8608                             2
 
   C.  PROVIDE  DOCUMENTATION  OF  EACH  FUND,  PLAN OR PROGRAM WHERE ANY
 SUPPLEMENT HAS BEEN PAID OR PROVIDED FOR; AND
   D.  PROVIDE A COPY OF THE PAYMENT BOND REQUIRED BY SECTION ONE HUNDRED
 THIRTY-SEVEN OF THE STATE FINANCE LAW, INCLUDING ALL INFORMATION OPEN TO
 PUBLIC INSPECTION.
   3. A. A CONTRACTOR OR  SUBCONTRACTOR  WHO  FAILS  TO  FURNISH  RECORDS
 PURSUANT  TO THIS SECTION RELATING TO ITS EMPLOYEES, SHALL BE SUBJECT TO
 A PENALTY BY THE COMMISSIONER OF ONE HUNDRED DOLLARS FOR EACH  DAY  SUCH
 CONTRACTOR OR SUBCONTRACTOR IS IN VIOLATION OF THIS SECTION.
   B.  THE COMMISSIONER SHALL NOT LEVEL A PENALTY PURSUANT TO THIS SUBDI-
 VISION UNTIL SUCH CONTRACTOR OR  SUBCONTRACTOR  FAILS  TO  FURNISH  SUCH
 ELECTRONIC  RECORDS  FOURTEEN  DAYS  AFTER THE REQUIREMENTS SET FORTH IN
 PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION.
   C. SUCH PENALTIES PURSUANT TO THIS SUBDIVISION SHALL  ONLY  ACCRUE  TO
 THE  ACTUAL  CONTRACTOR  OR  SUBCONTRACTOR  WHO  FAILED  TO FURNISH SUCH
 REQUIRED RECORDS.
   D.  ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE USED  BY
 THE DEPARTMENT FOR PREVAILING WAGE ENFORCEMENT.
   E.    THE  DEPARTMENT SHALL UNDERTAKE ACTIVITIES IT DEEMS NECESSARY TO
 MONITOR AND ENFORCE COMPLIANCE WITH THIS SECTION.
   4. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,  THE
 DEPARTMENT  SHALL DEVELOP AND IMPLEMENT AN ONLINE DATABASE OF ELECTRONIC
 CERTIFIED PAYROLL RECORDS SUBMITTED PURSUANT TO THIS SECTION. SUCH DATA-
 BASE SHALL BE PUBLICLY ACCESSIBLE, BUT NOT INCLUDE PERSONALLY  IDENTIFI-
 ABLE  INFORMATION.  SUCH  DATABASE  SHALL  BE SEARCHABLE, INCLUDING EACH
 AVAILABLE PAYROLL RECORD SUBSET.
   § 2. This act shall take effect immediately.