S T A T E O F N E W Y O R K
________________________________________________________________________
5015
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. P. RIVERA, ORTIZ -- Multi-Sponsored by -- M. of
A. ALFANO, BARRA, COLTON, CUSICK, CYMBROWITZ, FINCH, KOON, J. RIVERA,
WEINSTEIN -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring public works
contractors to agree to post notice of provisions relating to the
reporting of fraud by employees
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. PROVISIONS IN CONTRACTS PROVIDING FOR NOTICE OF RIGHT OF
EMPLOYEES TO REPORT FRAUD. 1. EVERY CONTRACT FOR OR ON BEHALF OF THE
STATE, A PUBLIC AUTHORITY, A PUBLIC BENEFIT CORPORATION, A MUNICIPAL
CORPORATION OR A COMMISSION APPOINTED PURSUANT TO LAW FOR THE
CONSTRUCTION, ALTERATION OR REPAIR OF ANY PUBLIC BUILDING OR PUBLIC
WORK, OR FOR THE MANUFACTURE, SALE OR DISTRIBUTION OF MATERIALS, EQUIP-
MENT OR SUPPLIES SHALL CONTAIN PROVISIONS BY WHICH THE CONTRACTOR WITH
THE STATE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, MUNICIPAL
CORPORATION OR SUCH A COMMISSION AGREES TO:
(A) BE SUBJECT TO THE RULES AND REGULATIONS OF THE COMMISSIONER AND
THE PROVISIONS OF THIS SECTION PROVIDING A PROCEDURE AND PROCESSES FOR
THE REPORTING BY THE EMPLOYEES OF SUCH CONTRACTOR OR OF ANY SUBCONTRAC-
TOR OF SUCH CONTRACTOR OF ANY INCIDENT OR INCIDENTS OF THE COMMISSION OF
ANY ACT OF FRAUD IN THE PERFORMANCE OF SUCH CONTRACT IN VIOLATION OF THE
TERMS OF SUCH CONTRACT, THIS CHAPTER OR ANY OTHER PROVISION OF LAW; AND
(B) POST IN A PROMINENT AND ACCESSIBLE PLACE ON THE WORK SITE OF SUCH
CONTRACT A NOTICE, IN SUCH FORM AND SUBSTANCE AS THE COMMISSIONER SHALL
DETERMINE, OF THE PROVISIONS OF THIS SECTION AND ANY RULES AND REGU-
LATIONS ADOPTED PURSUANT THERETO. SUCH POSTED NOTICE SHALL BE PRINTED IN
PLAIN ENGLISH AND CONSTRUCTED OF MATERIALS CAPABLE OF WITHSTANDING
ADVERSE WEATHER CONDITIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06674-01-9
A. 5015 2
2. THE COMMISSIONER SHALL ESTABLISH A PROCEDURE AND PROCESSES BY WHICH
AN EMPLOYEE OF A CONTRACTOR SUBJECT TO THE PROVISIONS OF THIS SECTION OR
OF A SUBCONTRACTOR OF SUCH CONTRACTOR MAY CONFIDENTIALLY REPORT ANY
INCIDENT OF THE COMMISSION OF ANY ACT OF FRAUD IN THE PERFORMANCE OF A
CONTRACT IN VIOLATION OF THE TERMS OF SUCH CONTRACT, THIS CHAPTER OR ANY
OTHER PROVISION OF LAW TO THE APPROPRIATE DISTRICT ATTORNEY OR THE
ATTORNEY GENERAL.
3. ANY EMPLOYEE WHO REPORTS AN INCIDENT OF FRAUD PURSUANT TO THIS
SECTION, UPON A FINDING BY THE COMMISSIONER THAT REASONABLE GROUNDS
EXISTED FOR SUCH REPORT, MAY RESIGN FROM HIS OR HER EMPLOYMENT AND SHALL
BE PAID THE PREVAILING WAGE AND SUPPLEMENTS FOR SUCH EMPLOYMENT FOR A
PERIOD OF SIX MONTHS. NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED
TO REQUIRE ANY SUCH EMPLOYEE TO RESIGN NOR SHALL IT PRECLUDE THE APPLI-
CATION OF ARTICLE TWENTY-C OF THIS CHAPTER.
4. ANY CONTRACTOR WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE PUNISHED
FOR A FIRST OFFENSE BY A FINE OF FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT;
AND FOR A SECOND OR SUBSEQUENT OFFENSE WITHIN FIVE YEARS BY A FINE OF
ONE THOUSAND DOLLARS AND THE CONTRACT ON WHICH THE VIOLATION OCCURRED
SHALL BE FORFEITED.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that any rules and regulations
necessary to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before such date.