Senate Bill S6979

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6979--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   -- reported favorably from said committee and committed to the Commit-
   tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the state finance law, in relation  to  requiring  elec-
   tronic reporting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph g of subdivision 4 of section 163  of  the  state
 finance  law,  as added by chapter 10 of the laws of 2006, is amended to
 read as follows:
   g. (I) All state agencies shall  require  all  contractors,  including
 sub-contractors,  that provide services for state purposes pursuant to a
 contract, to submit an annual employment report for  each  contract  for
 services  that includes for each employment category within the contract
 the number of employees employed to provide services under the contract,
 the number of hours they work and their  total  compensation  under  the
 contract.  Employment  reports  shall  be  submitted ELECTRONICALLY IN A
 MANNER THAT ALLOWS SUCH DATA TO BE  SEARCHABLE  AND  TRANSFERABLE  TO  A
 SPREADSHEET OR DATABASE WITHOUT FURTHER MANIPULATION.  THE REPORTS SHALL
 BE SUBMITTED ON A FORM PRESCRIBED BY THE OFFICE OF AUDIT AND CONTROL, to
 the  agency  that  awarded the contract, the department of civil service
 and the department of audit and  control  and  shall  be  available  for
 public  inspection  and  copying pursuant to section eighty-seven of the
 public officers law provided that in disclosing such reports pursuant to
 the public officers law, the agency making the disclosure  shall  redact
 the  name  or  social security number of any individual employee that is
 included in such document. THE DEPARTMENT OF  AUDIT  AND  CONTROL  SHALL
 MAINTAIN  A  SEARCHABLE DATABASE OF ALL ELECTRONIC FORMS SUBMITTED UNDER
 THIS PARAGRAPH AND SUCH SEARCHABLE DATABASE SHALL BE POSTED ON A PUBLIC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11374-02-3
              

 S. 6979--A                          2
 
 LY AVAILABLE WEBSITE AND SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,  THE
 AUTHORIZING  AGENCY,  THE  NAME OF THE CONTRACTOR OR SUB-CONTRACTOR, THE
 DATE SUCH CONTRACT WAS ENTERED  INTO,  THE  JOB  TITLE,  THE  NUMBER  OF
 EMPLOYEES EMPLOYED TO PROVIDE SERVICES UNDER THE CONTRACT, THE NUMBER OF
 HOURS  THEY WORK AND THEIR TOTAL COMPENSATION UNDER THE CONTRACT AND THE
 TOTAL AMOUNT OF THE CONTRACT. IT SHALL  BE  THE  RESPONSIBILITY  OF  THE
 AGENCY AWARDING THE CONTRACT TO ENSURE THAT ALL CONTRACTORS AND SUB-CON-
 TRACTORS  SUBMIT THE ANNUAL REPORT REQUIRED BY THIS PARAGRAPH WITHIN ONE
 YEAR OF THE EXECUTION DATE OF THE CONTRACT AND ANNUALLY  THEREAFTER  FOR
 CONTRACTS LASTING MORE THAN ONE YEAR.
   (II)  CONTRACTORS  AND  SUB-CONTRACTORS  WHO FAIL TO SUBMIT THE ANNUAL
 EMPLOYMENT REPORT REQUIRED BY SUBPARAGRAPH (I) OF THIS  PARAGRAPH  SHALL
 BE  NOTIFIED  IMMEDIATELY  BY THE AGENCY AWARDING THE CONTRACT THAT SUCH
 REPORT IS DUE.  IF SUCH REPORT IS NOT FURNISHED WITHIN SIXTY DAYS  AFTER
 NOTIFICATION  BY  THE AGENCY THAT SUCH REPORT IS DUE, SUCH CONTRACTOR OR
 SUB-CONTRACTOR MAY BE SUBJECT TO A CIVIL PENALTY OF UP TO  ONE  THOUSAND
 DOLLARS PER MONTH UNTIL SUCH REPORT IS FILED.  IF THE REPORT REQUIRED BY
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH IS NOT SUBMITTED WITHIN ONE HUNDRED
 EIGHTY DAYS AFTER NOTIFICATION BY THE AGENCY THAT SUCH  REPORT  IS  DUE,
 THE  AGENCY AWARDING THE CONTRACT MAY SUSPEND OR TERMINATE SUCH CONTRACT
 FOR NON-COMPLIANCE.     CONTRACTORS  OR  SUB-CONTRACTORS  WHO  HAVE  HAD
 CONTRACTS  TERMINATED  FOR  FAILURE  TO  FILE  ANNUAL EMPLOYMENT REPORTS
 PURSUANT TO THIS SUBPARAGRAPH SHALL BE INELIGIBLE FROM  BIDDING  ON  ANY
 OTHER STATE CONTRACTS FOR A MINIMUM OF THREE YEARS.
   §  2.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that the amendments
 to section 163 of the state finance law made by section one of this  act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith.