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.