senate Bill S3323

2013-2014 Legislative Session

Enacts the "Omnibus Prevailing Wage Enforcement Act"

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jan 31, 2013 referred to labor

Co-Sponsors

S3323 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §223-a, amd §§220, 231 & 233, Lab L; amd §103, Gen Muni L; amd §§87 & 89, Pub Off L; amd §§1 & 2, Chap 511 of 1995
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3273A
2009-2010: S5254

S3323 - Bill Texts

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Enacts the "Omnibus Prevailing Wage Enforcement Act"; creates the office of the prevailing wage fraud inspector general for increased vigilance in the effort to achieve prevailing wage enforcement; allows public authorities to require that successful bidders for public works jobs participate in a state-sponsored apprenticeship program; makes related provisions.

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BILL NUMBER:S3323

TITLE OF BILL: An act to amend the labor law, the general municipal
law and the public officers law, in relation to the omnibus prevailing
wage enforcement act and to amend chapter 511 of the laws of 1995,
relating to establishing a public work enforcement fund and making an
appropriation therefor, in relation to moneys accumulated in the
public work enforcement fund

PURPOSE OR GENERAL IDEA OF BILL: To enact the "Omnibus Prevailing
Wage Enforcement Act."

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill contains its title, "Omnibus Prevailing Wage
Enforcement Act."

Part A creates the office of the Prevailing Wage Fraud Inspector
General for increased vigilance in the effort to achieve prevailing
wage enforcement.

Part B (Article 3) of the bill amends section two of chapter 511 of
the laws of 1995 to remove the cap on accumulations of money in the
Public Work Enforcement Fund and to establish a maintenance of effort
in enforcement activity.

Part C (Articles 4 & 5) calls for verification of the intent to pay
prevailing wage where there is a 10F6; difference between the lowest
and next lowest bid for the construction of public work projects.

Part D (Article 6) of the bill calls for a daily head count of workers
at prevailing wage projects.

Part E (Articles 7 & 8) would allow public authorities to require that
successful bidders for public work jobs participate in a state
sponsored apprenticeship program.

Part F would prohibit contractors who had been convicted of a felony
with respect to a public work project with the state, a municipal
corporation, public benefit corporation or public body from
participation in public works contracts for five years.

Part G (Articles 9, 10, 11, 12, 13, & 14) would enable the public to
view wage information submitted by contractors participating in public
works projects.

Part H (Article 15) of the bill would require a summary transcript,
containing classification and payroll information, to be submitted
upon completion of a public works project.

Part I (Article 16) would require that the Department of Jurisdiction
notify the Department of Labor of projects costing over $1M so that
the Department could make appropriate arrangements for audits of the
project's compliance with the prevailing wage law. The last sections
of the bill contain a severability clause and the effective date
information.


JUSTIFICATION: Given the many complaints received, over many years,
by the Labor Committee and members of the legislature concerning
problems with prevailing wage enforcement, a comprehensive approach to
enforcement of the prevailing wage is needed. This bill is comprised
of three new legislative proposals and six bills vetoed by the
Executive which concern enforcement of the prevailing wage law. The
three new proposals are for the creation of an office of the
Prevailing Wage Fraud Inspector General, removing the limit on
collections from the sub-assessment for Prevailing Wage Enforcement
Fund and for mandatory audits of projects over $1M. The establishment
of a Prevailing Wage Fraud Inspector General would result in increased
scrutiny of the process and greater compliance with the law. Removing
the cap on collections through the existing sub-allocation on
prevailing wage projects would generate much needed revenue for
enforcement. Mandatory audits to be determined on a schedule worked
out by the Department of Labor and contracting entity would ensure
that audits are done on other than a complaint driven basis.

PRIOR LEGISLATIVE HISTORY: 2009-10: S.5254/A.2129 (John) - Referred
to Labor A.2853 of 2007-08: Referred to Labor S.2252 of 2005-06:
Referred to Labor S.4486 of 2003-04: Referred to Labor S.5504 of
2001-02: Referred to Labor A.7981/S.8111: Veto 53 of the Laws of
2000 (Part C) A.11275/S.6935: Veto 50 of the Laws of 2000 (Part D)
A.11358/S.8192: Veto 72 of the Laws of 2000 (Part E)
A.7979/S.1370-A: Veto 19 of the Laws of 1999 (Part F)
A.6923-A/S.4468: Veto 21 of the Laws of 1999 (Part G)
A.5153-A/S.5735-A: Veto 19 of the Laws of 1999 (Part H) Part A, S and
I are new proposals.

FISCAL IMPLICATIONS: Would result in increased enforcement and
penalty collection and additional revenue due to the proper payment of
wages.

EFFECTIVE DATE: Immediately, with provisions.

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

                                  3323

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, the general municipal law and the  public
  officers  law,  in relation to the omnibus prevailing wage enforcement
  act and to amend chapter 511 of the laws of 1995, relating  to  estab-
  lishing  a  public  work  enforcement fund and making an appropriation
  therefor, in  relation  to  moneys  accumulated  in  the  public  work
  enforcement fund

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

  Section 1. This act shall be known and may be cited  as  the  "omnibus
prevailing wage enforcement act".
  S 2. The labor law is amended by adding a new section 223-a to read as
follows:
  S  223-A.  PREVAILING  WAGE FRAUD INSPECTOR GENERAL.   1. DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "INSPECTOR GENERAL" MEANS  THE  PREVAILING  WAGE  FRAUD  INSPECTOR
GENERAL CREATED BY THIS SECTION.
  (B)  "ASSISTANT  INSPECTOR  GENERAL"  MEANS  A  PREVAILING  WAGE FRAUD
ASSISTANT INSPECTOR GENERAL CREATED BY THIS SECTION.
  2. APPOINTMENT, COMPENSATION AND REMOVAL.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, THE GOVERNOR SHALL APPOINT THE INSPECTOR GENERAL. THE
BOARD SHALL EMPLOY AND THE GOVERNOR SHALL FIX THE  COMPENSATION  OF  THE
INSPECTOR  GENERAL.  THE  INSPECTOR GENERAL SHALL, AND MAY DO SO WITHOUT
CIVIL SERVICE EXAMINATION, APPOINT AND  THE  BOARD  SHALL  EMPLOY,  SUCH
ASSISTANT  INSPECTOR GENERAL AND OTHER PERSONS AS HE OR SHE DEEMS NECES-
SARY, DETERMINE THEIR DUTIES AND FIX THEIR COMPENSATION.  SUCH ASSISTANT
INSPECTOR GENERAL SHALL ASSIST THE INSPECTOR GENERAL IN CARRYING OUT THE
INSPECTOR GENERAL'S DUTIES AND RESPONSIBILITIES AS  SET  FORTH  IN  THIS
SECTION  AND  SHALL  HAVE  SUCH  POWERS AS GRANTED THE INSPECTOR GENERAL
UNDER THIS SECTION.  EMPLOYEES APPOINTED PURSUANT TO THIS SECTION  WITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06464-01-3

S. 3323                             2

OUT  CIVIL  SERVICE  EXAMINATION  SHALL  BE PLACED IN THE NONCOMPETITIVE
CLASS OF THE  COMPETITIVE  SERVICE  PURSUANT  TO  SUBDIVISION  TWO-A  OF
SECTION FORTY-TWO OF THE CIVIL SERVICE LAW AND SHALL SERVE AT THE PLEAS-
URE OF THE GOVERNOR.
  3.  POWERS,  DUTIES  AND RESPONSIBILITIES. THE INSPECTOR GENERAL SHALL
INVESTIGATE VIOLATIONS OF THE LAWS AND  REGULATIONS  PERTAINING  TO  THE
OPERATION  OF  PREVAILING  WAGE  PROVISIONS. THE INSPECTOR GENERAL SHALL
HAVE THE FOLLOWING POWERS, DUTIES AND FUNCTIONS:
  (A) TO CONDUCT AND SUPERVISE INVESTIGATIONS, WITHIN  OR  WITHOUT  THIS
STATE,  OF  POSSIBLE FRAUD AND OTHER VIOLATIONS OF LAWS, RULES AND REGU-
LATIONS PERTAINING TO PREVAILING WAGE PROVISIONS;
  (B) TO SUBPOENA WITNESSES,  ADMINISTER  OATHS  OR  AFFIRMATIONS,  TAKE
TESTIMONY  AND  COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
DOCUMENTS AS THE INSPECTOR GENERAL MAY DEEM TO BE RELEVANT TO AN  INVES-
TIGATION UNDERTAKEN PURSUANT TO THIS SECTION;
  (C)  TO  REPORT  TO  THE  ATTORNEY  GENERAL  OR  OTHER APPROPRIATE LAW
ENFORCEMENT AGENCY, VIOLATIONS FOUND THROUGH  INVESTIGATIONS  UNDERTAKEN
PURSUANT TO THIS SECTION AND TO PROVIDE SUCH MATERIALS AND ASSISTANCE AS
MAY  BE  NECESSARY  OR  APPROPRIATE FOR THE SUCCESSFUL INVESTIGATION AND
PROSECUTION OF VIOLATIONS OF THIS CHAPTER;
  (D) TO SUBMIT A WRITTEN REPORT, ON AN ANNUAL BASIS,  TO  THE  GOVERNOR
AND  TO THE CHAIR OF THE BOARD, LISTING ALL ACTIVITIES UNDERTAKEN TO THE
EXTENT SUCH ACTIVITIES CAN BE DISCLOSED PURSUANT TO SUBDIVISION FIVE  OF
THIS SECTION; AND
  (E)  TO  RECOMMEND  LEGISLATIVE AND REGULATORY CHANGES TO THE GOVERNOR
AND TO THE CHAIR OF THE BOARD.
  4. COOPERATION OF AGENCY OFFICIALS AND EMPLOYEES.  (A) IN ADDITION  TO
THE AUTHORITY OTHERWISE PROVIDED BY THIS SECTION, THE INSPECTOR GENERAL,
IN CARRYING OUT THE PROVISIONS OF THIS SECTION, IS AUTHORIZED:
  (I)  TO  HAVE  FULL  AND  UNRESTRICTED ACCESS TO ALL RECORDS, REPORTS,
AUDITS, REVIEWS, DOCUMENTS, PAPERS, RECOMMENDATIONS  OR  OTHER  MATERIAL
MAINTAINED BY THE BOARD OR ANY OTHER STATE AGENCY RELATING TO PREVAILING
WAGE PROVISIONS, WITH RESPECT TO WHICH THE INSPECTOR GENERAL HAS RESPON-
SIBILITIES UNDER THIS SECTION; AND
  (II)  TO REQUEST SUCH INFORMATION, ASSISTANCE AND COOPERATION FROM ANY
FEDERAL, STATE OR LOCAL GOVERNMENT, DEPARTMENT, BOARD,  BUREAU,  COMMIS-
SION,  OR  OTHER AGENCY OR UNIT THEREOF AS MAY BE NECESSARY FOR CARRYING
OUT THE DUTIES AND RESPONSIBILITIES ENJOINED UPON THE INSPECTOR  GENERAL
BY  THIS  SECTION.  STATE AND LOCAL AGENCIES OR UNITS THEREOF ARE HEREBY
AUTHORIZED AND DIRECTED TO  PROVIDE  SUCH  INFORMATION,  ASSISTANCE  AND
COOPERATION.
  (B) NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE WITH, OBSTRUCT
OR  OTHERWISE  HINDER ANY INVESTIGATION BEING CONDUCTED PURSUANT TO THIS
SECTION.
  5. DISCLOSURE OF INFORMATION. THE INSPECTOR GENERAL SHALL NOT PUBLICLY
DISCLOSE INFORMATION WHICH IS:
  (A) A PART OF AN ONGOING INVESTIGATION OR PROSECUTION; OR
  (B) SPECIFICALLY PROHIBITED FROM DISCLOSURE BY ANY OTHER PROVISION  OF
LAW.
  S  3. Sections 1 and 2 of chapter 511 of the laws of 1995, relating to
establishing a public work enforcement fund and making an  appropriation
therefor,  as amended by chapter 407 of the laws of 2005, are amended to
read as follows:
  Section 1.  The  state  comptroller  shall  establish  a  public  work
enforcement fund. Each state agency or public benefit corporation enter-
ing  into  a  contract for any construction, reconstruction, renovation,

S. 3323                             3

repair, maintenance or other improvement, as defined in subdivision 2 of
section 220 of the labor law, shall make  a  transfer  of  0.10  of  one
percent  of  the total cost of the contract to such fund.  All transfers
shall  be  made available to the labor department for labor law enforce-
ment.  All moneys transferred to and  accumulated  in  the  public  work
enforcement fund shall be dedicated to enforcement of labor law articles
8  and  9  and  all moneys appropriated from such fund shall be used for
such purpose.  Provided further that such dedicated funds shall be  used
for  training,  labor and related costs for investigators, hearing offi-
cers and administrative staff to ensure that staffing  levels  for  such
personnel  are  maintained at [an appropriate level] A LEVEL EQUAL TO OR
GREATER THAN THE STAFFING LEVEL  FOR  SUCH  PERSONNEL  FOR  FISCAL  YEAR
2006-2007.
  S   2.   The  sum  of  [two  million  four  hundred  thousand  dollars
($2,400,000), or so much thereof as may be] MONEYS SO accumulated[,]  is
hereby  appropriated to the department of labor from any moneys credited
to the public work enforcement fund created pursuant to section  one  of
this  act  for  the purposes of carrying out the provisions of this act.
Such sum shall be payable on the audit and warrant of  the  state  comp-
troller  on vouchers certified or approved by the commissioner of labor,
or his duly designated representative in the manner provided by law.  No
expenditure shall be made from this appropriation until a certificate of
approval  of  availability shall have been issued by the director of the
budget and filed with the state comptroller and a copy  filed  with  the
chair of the senate finance committee and the chair of the assembly ways
and  means  committee. Such certificate may be amended from time to time
by the director of the budget and a copy of each such amendment shall be
filed with the state  comptroller,  the  chair  of  the  senate  finance
committee and the chair of the assembly ways and means committee.
  S  4. Section 220 of the labor law is amended by adding a new subdivi-
sion 10 to read as follows:
  10. IN ANY INSTANCE WHERE THE VARIATION BETWEEN THE  LOW  BID  ON  ANY
PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE STATE, ANY MUNICIPAL CORPO-
RATION OR PUBLIC BODY AND THE NEXT LOWEST BID IS TEN PERCENT OR MORE, OR
IS  TEN  PERCENT  LOWER  THAN  THE  CONTRACTING ENTITY'S ESTIMATE OF THE
PROJECT COST, THE LOW BIDDER SHALL PROVIDE PROOF TO THE SATISFACTION  OF
THE  CONTRACTING  ENTITY THAT THE PREVAILING WAGE SHALL BE PAID, OR SUCH
BID SHALL BE REJECTED.
  S 5. Section 231 of the labor law is amended by adding a new  subdivi-
sion 8 to read as follows:
  8.  IN  ANY  INSTANCE  WHERE  THE VARIATION BETWEEN THE LOW BID ON ANY
PUBLIC WORK CONTRACT OR SUBCONTRACT WITH THE STATE, ANY MUNICIPAL CORPO-
RATION OR PUBLIC BODY AND THE NEXT LOWEST BID IS TEN PERCENT OR MORE, OR
IS TEN PERCENT LOWER THAN  THE  CONTRACTING  ENTITY'S  ESTIMATE  OF  THE
PROJECT  COST, THE LOW BIDDER SHALL PROVIDE PROOF TO THE SATISFACTION OF
THE CONTRACTING ENTITY THAT THE PREVAILING WAGE SHALL BE PAID,  OR  SUCH
BID SHALL BE REJECTED.
  S  6. Section 220 of the labor law is amended by adding a new subdivi-
sion 6-a to read as follows:
  6-A. THE FISCAL OFFICER SHALL REQUIRE EACH ENGINEER-IN-CHARGE OR OTHER
AGENT WHO HAS DIRECT  SUPERVISION  OF  THE  EXECUTION  OF  THE  CONTRACT
REPRESENTING  THE CONTRACTING AGENCY OTHER THAN THE CONTRACTOR OR HIS OR
HER EMPLOYEES ON ALL CONTRACTS REQUIRING PREVAILING WAGE RATES TO RECORD
A DAILY HEADCOUNT OF ALL WORKERS ON A PROJECT SITE,  SEPARATELY  ENUMER-
ATED  REGARDING  EACH CLASSIFICATION OF WORKER INCLUDING HOURS WORKED AT
REGULAR, OVERTIME OR HOLIDAY PAY AS CLASSIFIED IN  THE  PREVAILING  WAGE

S. 3323                             4

RATE SCHEDULE. SUCH RECORDS SHALL BE SUBMITTED TO THE FISCAL OFFICER AND
SHALL  BE  MAINTAINED  BY  THE  FISCAL OFFICER FOR THREE YEARS AFTER THE
FINAL ACCEPTANCE OF THE PROJECT. KNOWINGLY PROVIDING THE FISCAL  OFFICER
WITH FALSE RECORDS SHALL BE A MISDEMEANOR.
  S  7.  Subdivision  1  of section 103 of the general municipal law, as
amended by section 1 of chapter 2 of the laws of  2012,  is  amended  to
read as follows:
  1. Except as otherwise expressly provided by an act of the legislature
or  by  a  local  law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an  expenditure  of
more  than  thirty-five  thousand  dollars  WHICH  ARE  SUBJECT  TO  THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, and all purchase contracts
involving an expenditure of more than twenty thousand dollars, shall  be
awarded  by  the  appropriate  officer,  board  or agency of a political
subdivision or of any district therein including but not  limited  to  a
soil  conservation  district to the lowest responsible bidder furnishing
the required security after advertisement for sealed bids in the  manner
provided  by  this  section,  provided, however, that purchase contracts
(including contracts  for  service  work,  but  excluding  any  purchase
contracts necessary for the completion of a public works contract pursu-
ant  to  article  eight of the labor law) may be awarded on the basis of
best value, as defined in section one hundred sixty-three of  the  state
finance  law,  to  a responsive and responsible bidder or offerer in the
manner provided by this section except that in a  political  subdivision
other  than  a city with a population of one million inhabitants or more
or any district, board or agency with jurisdiction  exclusively  therein
the  use  of  best  value  for  awarding a purchase contract or purchase
contracts must be authorized by local law or, in the case of a  district
corporation,   school  district  or  board  of  cooperative  educational
services, by rule, regulation or resolution adopted at a public meeting.
SUCH OFFICER, BOARD, OR AGENCY MAY REQUIRE RESPONSIBLE BIDDERS AND THEIR
SUBCONTRACTORS  TO  PARTICIPATE  IN  APPRENTICESHIP  TRAINING   PROGRAMS
APPROVED  BY  THE  DEPARTMENT  OF LABOR. In any case where a responsible
bidder's or responsible offerer's gross price is reducible by an  allow-
ance  for  the value of used machinery, equipment, apparatus or tools to
be traded in by a  political  subdivision,  the  gross  price  shall  be
reduced  by the amount of such allowance, for the purpose of determining
the best value.  In cases where two or more responsible bidders furnish-
ing the required security submit identical bids as to price, such  offi-
cer, board or agency may award the contract to any of such bidders. Such
officer,  board  or  agency may, in his or her or its discretion, reject
all bids or offers and readvertise for new bids or offers in the  manner
provided  by  this  section.  In  determining  whether  a purchase is an
expenditure within the discretionary threshold  amounts  established  by
this  subdivision,  the officer, board or agency of a political subdivi-
sion or of any district therein shall consider the  reasonably  expected
aggregate  amount  of all purchases of the same commodities, services or
technology to be made within the twelve-month period commencing  on  the
date  of  purchase.    Purchases  of commodities, services or technology
shall not be artificially divided for  the  purpose  of  satisfying  the
discretionary  buying  thresholds  established  by  this  subdivision. A
change to or a renewal of a discretionary purchase shall not be  permit-
ted  if the change or renewal would bring the reasonably expected aggre-
gate amount of all purchases of the same commodities, services or  tech-
nology  from the same provider within the twelve-month period commencing
on the date of the first purchase to an amount greater than the  discre-

S. 3323                             5

tionary  buying  threshold amount. For purposes of this section, "sealed
bids" and "sealed offers", as that term applies to  purchase  contracts,
(including  contracts  for  service  work,  but  excluding  any purchase
contracts necessary for the completion of a public works contract pursu-
ant  to  article  eight  of the labor law) shall include bids and offers
submitted in an electronic format including submission of the  statement
of  non-collusion  required by section one hundred three-d of this arti-
cle, provided that the governing board of the political  subdivision  or
district,  by  resolution, has authorized the receipt of bids and offers
in such format. Submission in  electronic  format  may,  for  technology
contracts  only,  be  required  as the sole method for the submission of
bids and offers. Bids and offers submitted in an electronic format shall
be transmitted by bidders and offerers to the  receiving  device  desig-
nated  by  the  political  subdivision  or  district. Any method used to
receive electronic bids and offers shall comply with  article  three  of
the  state technology law, and any rules and regulations promulgated and
guidelines developed thereunder and, at a minimum, must (a) document the
time and date of receipt of each bid and offer received  electronically;
(b)  authenticate the identity of the sender; (c) ensure the security of
the information transmitted; and (d) ensure the confidentiality  of  the
bid or offer until the time and date established for the opening of bids
or  offers.  The  timely  submission  of  an  electronic bid or offer in
compliance with instructions provided for such submission in the  adver-
tisement  for  bids  or  offers  and/or  the specifications shall be the
responsibility solely of each bidder or offerer or prospective bidder or
offerer. No political subdivision or district therein  shall  incur  any
liability from delays of or interruptions in the receiving device desig-
nated for the submission and receipt of electronic bids and offers.
  S  8.  Subdivision  1  of section 103 of the general municipal law, as
amended by section 2 of chapter 2 of the laws of  2012,  is  amended  to
read as follows:
  1. Except as otherwise expressly provided by an act of the legislature
or  by  a  local  law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an  expenditure  of
more  than  thirty-five  thousand  dollars  WHICH  ARE  SUBJECT  TO  THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, and all purchase contracts
involving an expenditure of more than twenty thousand dollars, shall  be
awarded  by  the  appropriate  officer,  board  or agency of a political
subdivision or of any district therein including but not  limited  to  a
soil  conservation  district to the lowest responsible bidder furnishing
the required security after advertisement for sealed bids in the  manner
provided  by  this  section,  provided, however, that purchase contracts
(including contracts  for  service  work,  but  excluding  any  purchase
contracts necessary for the completion of a public works contract pursu-
ant  to  article  eight of the labor law) may be awarded on the basis of
best value, as defined in section one hundred sixty-three of  the  state
finance  law,  to  a responsive and responsible bidder or offerer in the
manner provided by this section except that in a  political  subdivision
other  than  a city with a population of one million inhabitants or more
or any district, board or agency with jurisdiction  exclusively  therein
the  use  of  best  value  of  awarding  a purchase contract or purchase
contracts must be authorized by local law or, in the case of a  district
corporation,   school  district  or  board  of  cooperative  educational
services, by rule, regulation or resolution adopted at a public meeting.
SUCH OFFICER, BOARD, OR AGENCY MAY REQUIRE RESPONSIBLE BIDDERS AND THEIR
SUBCONTRACTORS  TO  PARTICIPATE  IN  APPRENTICESHIP  TRAINING   PROGRAMS

S. 3323                             6

APPROVED  BY  THE DEPARTMENT OF LABOR. In determining whether a purchase
is an expenditure within the discretionary threshold amounts established
by this subdivision, the officer, board or agency of a political  subdi-
vision or of any district therein shall consider the reasonably expected
aggregate  amount  of all purchases of the same commodities, services or
technology to be made within the twelve-month period commencing  on  the
date of purchase. Purchases of commodities, services or technology shall
not  be  artificially  divided for the purpose of satisfying the discre-
tionary buying thresholds established by this subdivision. A  change  to
or  a  renewal of a discretionary purchase shall not be permitted if the
change or renewal would bring the reasonably expected  aggregate  amount
of  all  purchases  of the same commodities, services or technology from
the same provider within the twelve-month period commencing on the  date
of the first purchase to an amount greater than the discretionary buying
threshold  amount. In any case where a responsible bidder's or responsi-
ble offerer's gross price is reducible by an allowance for the value  of
used machinery, equipment, apparatus or tools to be traded in by a poli-
tical  subdivision,  the  gross  price shall be reduced by the amount of
such allowance, for the purpose of  determining  the  low  bid  or  best
value.  In  cases  where  two or more responsible bidders furnishing the
required security submit identical bids as to price, such officer, board
or agency may award the contract to any of such bidders.  Such  officer,
board  or  agency may, in his, her or its discretion, reject all bids or
offers and readvertise for new bids or offers in the manner provided  by
this section.
  S  9. Section 220 of the labor law is amended by adding a new subdivi-
sion 11 to read as follows:
  11. ALL PUBLIC ENTITIES SUBJECT TO THIS ARTICLE SHALL  MAKE  AVAILABLE
FOR  PUBLIC  INSPECTION  AND  COPYING OF THE RECORDS OR PORTIONS THEREOF
PERTAINING TO THE NAMES OF, EMPLOYEE CLASSIFICATIONS OF, RATE  OF  WAGES
AND  SUPPLEMENTS PAID TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES OF
CONTRACTORS PERFORMING WORK PURSUANT TO THIS ARTICLE AND ARTICLE NINE OF
THIS CHAPTER. THE SOCIAL SECURITY  NUMBERS  OF  SUCH  EMPLOYEES  MAY  BE
BLOCKED  OUT  BY  THE  AGENCY.  AN ENTITY SHALL NOT BE PERMITTED TO DENY
ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
AND SUPPLEMENTS TO, AND NUMBER OF HOURS  WORKED  BY,  THE  EMPLOYEES  OF
CONTRACTORS SUBJECT TO THIS ARTICLE AND ARTICLE NINE OF THIS CHAPTER.
  S 10. Section 233 of the labor law is amended by adding a new subdivi-
sion 5 to read as follows:
  5.  ALL  PUBLIC  ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING OF THE  RECORDS  OR  PORTIONS  THEREOF
PERTAINING  TO  THE NAMES OF, EMPLOYEE CLASSIFICATIONS OF, RATE OF WAGES
AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES  OF
CONTRACTORS  PERFORMING  WORK PURSUANT TO THIS ARTICLE AND ARTICLE EIGHT
OF THIS CHAPTER. THE SOCIAL SECURITY NUMBERS OF SUCH  EMPLOYEES  MAY  BE
BLOCKED  OUT  BY  THE  AGENCY.  AN ENTITY SHALL NOT BE PERMITTED TO DENY
ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
AND SUPPLEMENTS TO, AND NUMBER OF HOURS  WORKED  BY,  THE  EMPLOYEES  OF
CONTRACTORS SUBJECT TO THIS ARTICLE AND ARTICLE EIGHT OF THIS CHAPTER.
  S  11.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (m) to read as follows:
  (M) PROVIDED THAT, NOTHING IN THIS SUBDIVISION SHALL PERMIT AN  AGENCY
TO  DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT
OF WAGES AND SUPPLEMENTS TO, AND NUMBER OF HOURS WORKED BY THE EMPLOYEES
OF CONTRACTORS SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW.  ALL
PUBLIC  ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE FOR PUBLIC

S. 3323                             7

INSPECTION AND COPYING OF SUCH RECORDS, THE NAMES OF,  EMPLOYEE  CLASSI-
FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
CLES  EIGHT  AND  NINE  OF THE LABOR LAW. THE SOCIAL SECURITY NUMBERS OF
SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
  S 12. Paragraph (a) of subdivision 2 of section 89 of the public offi-
cers law, as amended by section 11 of part U of chapter 61 of  the  laws
of 2011, is amended to read as follows:
  (a)  The  committee  on public access to records may promulgate guide-
lines regarding  deletion  of  identifying  details  or  withholding  of
records  otherwise  available  under this article to prevent unwarranted
invasions of personal privacy. In the absence  of  such  guidelines,  an
agency  may  delete identifying details when it makes records available,
PROVIDED HOWEVER, NOTHING IN THIS PARAGRAPH SHALL PERMIT THE  DENIAL  OF
ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT OF WAGES
AND  SUPPLEMENTS  TO,  AND  NUMBER  OF  HOURS WORKED BY THE EMPLOYEES OF
CONTRACTORS SUBJECT TO ARTICLES EIGHT AND NINE OF  THE  LABOR  LAW.  ALL
PUBLIC  ENTITIES SUBJECT TO THIS ARTICLE SHALL MAKE AVAILABLE FOR PUBLIC
INSPECTION AND COPYING OF SUCH RECORDS, THE NAMES OF,  EMPLOYEE  CLASSI-
FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
CLES  EIGHT  AND  NINE  OF THE LABOR LAW. THE SOCIAL SECURITY NUMBERS OF
SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
  S 13. Paragraph (b) of subdivision 2 of section 89 of the public offi-
cers law is amended by adding a new undesignated paragraph  to  read  as
follows:
  PROVIDED  THAT,  NOTHING  IN  THIS PARAGRAPH SHALL PERMIT AN AGENCY TO
DENY ACCESS TO RECORDS OR PORTIONS THEREOF PERTAINING TO THE PAYMENT  OF
WAGES  AND  SUPPLEMENTS  TO,  AND NUMBER OF HOURS WORKED BY EMPLOYEES OF
CONTRACTORS SUBJECT TO ARTICLES EIGHT AND NINE OF THE  LABOR  LAW.    IT
SHALL  NOT BE AN UNWARRANTED INVASION OF PERSONAL PRIVACY FOR ALL PUBLIC
ENTITIES  SUBJECT  TO  THIS  ARTICLE,  TO  MAKE  AVAILABLE  FOR   PUBLIC
INSPECTION  AND  COPYING,  THE RECORDS OF ALL NAMES OF, EMPLOYEE CLASSI-
FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
CLES EIGHT AND NINE OF THE LABOR LAW. THE  SOCIAL  SECURITY  NUMBERS  OF
SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.
  S  14.  Subdivision  2-a  of section 89 of the public officers law, as
added by chapter 652 of the laws of 1983, is amended to read as follows:
  2-a. Nothing in this article shall permit disclosure which constitutes
an unwarranted invasion of personal privacy as  defined  in  subdivision
two of this section if such disclosure is prohibited under section nine-
ty-six  of  this chapter, PROVIDED HOWEVER, THAT NOTHING IN THIS ARTICLE
SHALL PERMIT AN AGENCY TO DENY ACCESS TO  RECORDS  OR  PORTIONS  THEREOF
PERTAINING  TO  THE  PAYMENT  OF  RATE  OF WAGES AND SUPPLEMENTS TO, AND
NUMBER OF HOURS WORKED BY, EMPLOYEES OF CONTRACTORS SUBJECT TO  ARTICLES
EIGHT AND NINE OF THE LABOR LAW. IT SHALL NOT BE AN UNWARRANTED INVASION
OF PERSONAL PRIVACY AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, NOR A
PROHIBITED  DISCLOSURE  UNDER SECTION NINETY-SIX OF THIS CHAPTER FOR ALL
PUBLIC ENTITIES SUBJECT TO THIS ARTICLE, TO MAKE  AVAILABLE  FOR  PUBLIC
INSPECTION  AND  COPYING  SUCH RECORDS OF ALL NAMES OF, EMPLOYEE CLASSI-
FICATIONS OF, RATE OF WAGES AND SUPPLEMENTS PAID TO, AND NUMBER OF HOURS
WORKED BY THE EMPLOYEES OF CONTRACTORS PERFORMING WORK PURSUANT TO ARTI-
CLES EIGHT AND NINE OF THE LABOR LAW. THE  SOCIAL  SECURITY  NUMBERS  OF
SUCH EMPLOYEES MAY BE BLOCKED OUT BY THE AGENCY.

S. 3323                             8

  S  15. Subparagraph (iii) of paragraph a of subdivision 3-a of section
220 of the labor law, as amended by chapter 8 of the laws  of  2008,  is
amended to read as follows:
  (iii)  The  contractor  and  every  sub-contractor shall keep original
payrolls or transcripts thereof, subscribed and sworn to or affirmed  by
him  or  her  as  true under the penalties of perjury, setting forth the
names and addresses and showing for each worker,  laborer,  or  mechanic
the hours and days worked, the occupations worked, the hourly wage rates
paid  and the supplements paid or provided. Where the contractor or sub-
contractor maintains no regular place of business in New York state  and
where  the  amount  of the contract is in excess of twenty-five thousand
dollars such payrolls shall be kept on the site of the work.  All  other
contractors  or  sub-contractors  shall  produce within five days on the
site of the work and upon formal order of the commissioner or his or her
designated representative such original payrolls or transcripts thereof,
subscribed and sworn to or affirmed by him or  her  as  true  under  the
penalties  of  perjury, as may be deemed necessary to adequately enforce
the provisions of this article. Every  contractor,  and  sub-contractor,
shall  submit to the department of jurisdiction within thirty days after
issuance of its first payroll, and every thirty days thereafter, a tran-
script of the original payroll record, as provided by this article,  AND
AT  THE  COMPLETION  OF  THE PROJECT A SUMMARY TRANSCRIPT SPECIFYING THE
HOURS AND DAYS WORKED BY EACH WORKMAN, LABORER OR MECHANIC, THE TRADE OR
OCCUPATION AT WHICH HE OR SHE WORKED, THE HOURLY  WAGE  RATE  PAID,  THE
SUPPLEMENTS  PAID  OR PROVIDED TO SUCH EMPLOYEE AND THE NAMES, TAX IDEN-
TIFICATION NUMBER AND JOB TITLE OF EACH  INDIVIDUAL  CLASSIFIED  BY  THE
CONTRACTOR  OR  SUBCONTRACTOR  AS INDEPENDENT CONTRACTORS WHO WERE HIRED
AND  EMPLOYED  BY  SUCH  CONTRACTOR  TO  PERFORM  WORK  SUBJECT  TO  THE
PROVISIONS  OF THIS ARTICLE. SUCH SUMMARY TRANSCRIPT SHALL BE subscribed
and sworn to or affirmed as true under the  penalties  of  perjury.  Any
person  who wilfully fails to file such payroll records with the depart-
ment of jurisdiction shall be guilty of a class E felony.  In  addition,
any  person  who  wilfully fails to file such payroll records within the
time specified in this subparagraph shall be subject to a civil  penalty
of  up  to  one  thousand dollars per day.   EACH INDEPENDENT CONTRACTOR
SHALL HAVE OBTAINED A TAX IDENTIFICATION NUMBER PRIOR TO EMPLOYMENT ON A
PROJECT AND SHALL SUBMIT SUCH NUMBER TO THE CONTRACTOR  AS  REQUIRED  BY
THE COMMISSIONER.
  S  16.  Subdivision  3-a of section 220 of the labor law is amended by
adding a new paragraph f to read as follows:
  F. WHERE THE CAPITAL CONSTRUCTION COST OF A PUBLIC WORK SUBJECT TO THE
PROVISIONS OF THIS SECTION EXCEEDS ONE MILLION DOLLARS,  THE  DEPARTMENT
OF JURISDICTION SHALL CERTIFY THAT THE PROJECT WILL BE AUDITED FROM TIME
TO  TIME  BY  THE  DEPARTMENT  OF  LABOR  TO  ENSURE COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE. THE DEPARTMENT OF JURISDICTION SHALL  INFORM
THE  DEPARTMENT  OF  LABOR  OF  THE PROJECT'S COST AND SHALL ESTABLISH A
TIMETABLE FOR AUDIT BY THE DEPARTMENT OF LABOR.
  S 17. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part  contained  in  any part of this act shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment  shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  subdivision,  section  or  part  contained  in  any part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered. It is hereby declared to be the intent of the legislature

S. 3323                             9

that  this  act  would have been enacted even if such invalid provisions
had not been included herein.
  S 18. This act shall take effect immediately; provided, however, that:
  1.  Sections four, five, six and fifteen of this act shall take effect
on the sixtieth day after they shall have become a law;
  2. Sections seven and eight of this act shall apply to  contracts  let
on or after such effective date of each section respectively;
  3.  The  amendments  to  subdivision  1  of section 103 of the general
municipal law made by section seven of this act shall be subject to  the
expiration  and  reversion of such subdivision pursuant to section 41 of
chapter 62 of the laws of 2003, as amended,  when  upon  such  date  the
provisions of section eight of this act shall take effect; and
  4. Sections nine through fourteen of this act shall take effect on the
thirtieth day after they shall have become a law.

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