S T A T E O F N E W Y O R K
________________________________________________________________________
401
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to requiring contractors and
subcontractors who perform public work contracts to file certain
documentation with the department of labor
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-i to
read as follows:
S 220-I. FILING SCHEDULE OF EMPLOYEES, WAGES PAID, AND OTHER INFORMA-
TION. 1. FILING REQUIREMENT. ALL CONTRACTORS OR SUBCONTRACTORS WHO
CONTRACT WITH THE STATE OR A PUBLIC BENEFIT CORPORATION OR A MUNICIPAL
CORPORATION OR A COMMISSION APPOINTED PURSUANT TO LAW TO PERFORM PUBLIC
WORK SHALL, BEFORE THE FRIDAY OF EVERY SECOND WEEK, FILE WITH THE
DEPARTMENT A SWORN AFFIDAVIT FOR THE PREVIOUS REPORTING PERIOD, SETTING
OUT IN DETAIL THE NUMBER OF PERSONS EMPLOYED, WAGES PAID, JOB CLASSI-
FICATION OF EACH EMPLOYEE, AND HOURS WORKED EACH DAY AND WEEK ON A FORM
PROVIDED BY THE DEPARTMENT.
2. NOTICE OF WORK AND COMPLETION; FILING FEE, AND WITHHOLDING OF
PAYMENT. (A) BEFORE COMMENCING A PUBLIC WORK CONTRACT, THE PERSON ENTER-
ING INTO THE CONTRACT WITH A CONTRACTING ENTITY SHALL DESIGNATE A PRIMA-
RY CONTRACTOR FOR PURPOSES OF THIS SECTION. BEFORE WORK COMMENCES, THE
PRIMARY CONTRACTOR SHALL FILE A NOTICE OF WORK WITH THE DEPARTMENT. THE
NOTICE OF WORK MUST LIST WORK TO BE PERFORMED UNDER THE PUBLIC WORK
CONTRACT BY EACH CONTRACTOR WHO WILL PERFORM ANY PORTION OF WORK ON THE
CONTRACT AND THE CONTRACT PRICE BEING PAID TO EACH CONTRACTOR. THE
PRIMARY CONTRACTOR SHALL PAY ALL FILING FEES FOR EACH CONTRACTOR
PERFORMING WORK ON THE CONTRACT, INCLUDING A FILING FEE BASED ON THE
CONTRACT PRICE BEING PAID FOR WORK PERFORMED BY THE PRIMARY CONTRACTOR'S
EMPLOYEES. THE FILING FEE PAYABLE SHALL BE THE SUM OF ALL FEES CALCU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02568-01-9
A. 401 2
LATED FOR EACH CONTRACTOR. THE FILING FEE SHALL BE ONE PERCENT OF EACH
CONTRACTOR'S CONTRACT PRICE. THE TOTAL FILING FEE PAYABLE BY THE PRIMARY
CONTRACTOR UNDER THIS PARAGRAPH MAY NOT EXCEED FIVE THOUSAND DOLLARS.
THERE IS NO FEE FOR A CONTRACT UNDER WHICH THE TOTAL AMOUNT PAYABLE BY
THE CONTRACTING AGENCY IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS. FOR
THE PURPOSES OF THIS PARAGRAPH "CONTRACTOR" MEANS AN EMPLOYER WHO IS
USING EMPLOYEES TO PERFORM PUBLIC WORK UNDER THE CONTRACT OR A SUBCON-
TRACT.
(B) UPON COMPLETION OF ALL WORK ON THE PUBLIC WORK CONTRACT, THE
PRIMARY CONTRACTOR SHALL FILE WITH THE DEPARTMENT A NOTICE OF COMPLETION
TOGETHER WITH PAYMENT OF ANY ADDITIONAL FILING FEES OWED DUE TO
INCREASED CONTRACT AMOUNTS. WITHIN THIRTY DAYS AFTER THE DEPARTMENT'S
RECEIPT OF THE PRIMARY CONTRACTOR'S NOTICE OF COMPLETION, THE DEPARTMENT
SHALL INFORM THE CONTRACTING AGENCY OF THE AMOUNT, IF ANY, TO BE WITH-
HELD FROM THE FINAL PAYMENT.
(C) A CONTRACTING AGENCY (I) MAY RELEASE FINAL PAYMENT ON A PUBLIC
WORK CONTRACT TO THE EXTENT THAT THE AGENCY HAS RECEIVED VERIFICATION
FROM THE DEPARTMENT THAT:
(A) THE PRIMARY CONTRACTOR HAS COMPLIED WITH PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION;
(B) THE DEPARTMENT IS NOT CONDUCTING AN INVESTIGATION UNDER THIS
SUBDIVISION; AND
(C) THE DEPARTMENT HAS NOT ISSUED A NOTICE OF A VIOLATION OF THIS
SECTION TO THE PRIMARY CONTRACTOR OR ANY OTHER CONTRACTORS WORKING ON
THE PUBLIC WORK CONTRACT; AND
(II) SHALL WITHHOLD FROM THE FINAL PAYMENT AN AMOUNT SUFFICIENT TO PAY
THE DEPARTMENT'S ESTIMATE OF WHAT MAY BE NEEDED TO COMPENSATE THE
EMPLOYEES OF ANY CONTRACTORS UNDER INVESTIGATION ON A PUBLIC WORK
CONTRACT, AND ANY UNPAID FILING FEES.
(D) THE NOTICE AND FILING FEE REQUIRED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION MAY BE FILED AFTER WORK HAS BEGUN IF: (I) THE PUBLIC WORK
CONTRACT IS FOR WORK UNDERTAKEN IN IMMEDIATE RESPONSE TO AN EMERGENCY;
AND
(II) THE NOTICE AND FEES ARE FILED NOT LATER THAN FOURTEEN DAYS AFTER
THE WORK HAS BEGUN.
(E) A FALSE STATEMENT MADE ON A NOTICE REQUIRED BY THIS SECTION IS
PUNISHABLE BY ONE YEAR IN JAIL OR A ONE THOUSAND DOLLAR FINE PER OFFENSE
OR A COMBINATION OF BOTH.
3. DEFINITIONS. FOR PURPOSES OF THIS SECTION, "CONTRACTING AGENCY"
MEANS THE STATE OR A POLITICAL SUBDIVISION OF THE STATE THAT HAS ENTERED
INTO A PUBLIC WORK CONTRACT WITH A CONTRACTOR.
4. CURRENT PUBLIC CONSTRUCTION CONTRACTS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, A CONTRACTOR OR SUBCONTRACTOR THAT
BEGAN WORK ON A PUBLIC WORK CONTRACT BEFORE THE EFFECTIVE DATE OF THIS
SECTION, BUT HAS NOT COMPLETED THE WORK UPON THE EFFECTIVE DATE OF THIS
SECTION, SHALL BE REQUIRED TO FILE A NOTICE OF WORK WITH THE DEPARTMENT.
THE CONTRACTOR OR SUBCONTRACTOR SHALL FILE THE NOTICE NOT LATER THAN
THIRTY DAYS AFTER THE DEPARTMENT PROVIDES THE CONTRACTOR OR SUBCONTRAC-
TOR WITH A COPY OF THE NOTICE FORM. THE CONTRACTOR OR SUBCONTRACTOR IS
NOT REQUIRED TO PAY A FEE FOR FILING.
S 2. Online payroll reporting. Not later than one year after this act
shall have become a law, the department of labor shall provide for
filing of payroll reports as required by this act, by secure online
electronic filing.
S 3. This act shall take effect one year after it shall have become a
law.