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Assembly Bill A403

2009-2010 Legislative Session

Requires every person, corporation or other business entity contracting with the state to submit a list of independent contractors hired by such business entity

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Archive: Last Bill Status - In Assembly Committee

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2009-A403 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L

2009-A403 (ACTIVE) - Summary

Requires any person, corporation or other business entity contracting with the state to submit to the commissioner of labor a list of independent contractors hired by such person, corporation or other business entity; requires that a fee of ten dollars per independent contractor be paid upon the submission of such list; provides that monies from such fees shall be used to fund the prevailing wage enforcement fund to prosecute violations of law relating to the misclassification of independent contractors.

2009-A403 (ACTIVE) - Sponsor Memo

2009-A403 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   403

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JOHN, NOLAN, ORTIZ, PERALTA, COLTON -- read once
  and referred to the Committee on Labor

AN ACT to amend the labor law,  in  relation  to  lists  of  independent
  contractors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 220 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  WITHIN THIRTY DAYS AFTER THE COMPLETION OF A PUBLIC WORKS PROJECT
SUBJECT TO THE PROVISIONS OF THIS ARTICLE, EVERY PERSON, CORPORATION  OR
ANY   OTHER   BUSINESS   ENTITY  CONTRACTING  WITH  THE  STATE  FOR  ANY
CONSTRUCTION, RECONSTRUCTION, RENOVATION, REPAIR, MAINTENANCE  OR  OTHER
IMPROVEMENT,  AS  DEFINED  IN  SUBDIVISION  TWO  OF THIS SECTION, OR ANY
SUBCONTRACTOR OF SUCH PERSON,  CORPORATION  OR  OTHER  BUSINESS  ENTITY,
SHALL SUBMIT A LIST TO THE COMMISSIONER, AFFIRMED BY SUCH PERSON, CORPO-
RATION  OR  OTHER  BUSINESS  ENTITY TO BE TRUE UNDER PENALTY OF PERJURY,
SETTING FORTH ALL INDIVIDUALS CLASSIFIED BY SUCH PERSON, CORPORATION  OR
OTHER  BUSINESS ENTITY, OR ANY SUBCONTRACTOR OF SUCH PERSON, CORPORATION
OR  OTHER  BUSINESS  ENTITY,  AS  INDEPENDENT  CONTRACTORS  AND   HIRED,
EMPLOYED,  OR  USED BY SUCH PERSON, CORPORATION OR OTHER BUSINESS ENTITY
OR SUCH PERSON'S, CORPORATION'S, OR OTHER BUSINESS ENTITY'S  SUBCONTRAC-
TORS  AND ON SUCH PROJECT, WHO PERFORM WORK SUBJECT TO THE PROVISIONS OF
THIS ARTICLE. SUCH LIST SHALL INCLUDE THE NAME, SOCIAL SECURITY  NUMBER,
JOB  TITLE  AND ADDRESS FOR EACH INDEPENDENT CONTRACTOR. SUCH LIST SHALL
BE SUBMITTED WITH A FEE OF TEN DOLLARS PER INDEPENDENT CONTRACTOR  NAMED
ON  SUCH  LIST.  SUCH  FEE  SHALL  BE  DEPOSITED  IN THE PREVAILING WAGE
ENFORCEMENT FUND  FOR  THE  PURPOSE  OF  INVESTIGATING  AND  PROSECUTING
VIOLATIONS  OF  LAW  RELATING  TO  THE  MISCLASSIFICATION OF INDEPENDENT
CONTRACTORS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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