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

                                  2248

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  SCHROEDER,  COLTON,  ALESSI -- read once and
  referred to the Committee on Labor

AN ACT to amend the labor law, in relation to allowing certain organiza-
  tions access to certified  payroll  records  of  companies  performing
  public work

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

  Section 1. Subdivision 7 of section 220 of the labor law,  as  amended
by chapter 7 of the laws of 2008, is amended to read as follows:
  7.  Compliance investigations. A. The fiscal officer as herein defined
shall on a verified complaint in writing of any person interested or  of
any  employee  organization  pursuant  to  subdivision  eight-d  of this
section, and may on his own initiative cause a compliance  investigation
to  be  made  to determine whether the contractor or a subcontractor has
paid the prevailing rate of wages and prevailing practices  for  supple-
ments  in  the same trade or occupation in the locality within the state
where such public work  is  being  performed,  or  the  hours  of  labor
performed by the workmen, laborers and mechanics employed on such public
work,  or both.  The fiscal officer or his agents, examiners and inspec-
tors may examine or cause to be examined the books and records  pertain-
ing  to the rate of wages paid and supplements provided to the laborers,
workmen and mechanics on  said  public  work  and  the  hours  of  labor
performed  by  such laborers, workmen and mechanics on said public work.
The fiscal officer in such investigation shall be deemed to be acting in
a judicial capacity, and shall have the right to issue subpoenas, admin-
ister oaths and examine witnesses. The enforcement of a subpoena  issued
under  this  section  shall  be  regulated by the civil practice law and
rules. Such fiscal officer shall make either an order, determination  or
any  other  disposition,  including  but  not  limited to an agreed upon
settlement and/or stipulation, within six months from the date of filing
of such verified complaint, and where a compliance investigation is made

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03171-01-9
              

A. 2248                             2

without the filing of a verified complaint, within six months  from  the
date  a  compliance  investigation  is initiated by such fiscal officer.
Upon the making of said order or determination, or upon arriving at such
agreed  upon settlement and/or stipulation, a copy thereof shall be sent
by certified mail, return receipt requested, by the fiscal officer:  (i)
to  the person and employee organization, if any, who or which initiated
the complaint, (ii) to the person or corporation, if any,  against  whom
the complaint was brought, and (iii) where a compliance investigation is
made  without  the filing of a complaint, to the person who or which was
the subject of the compliance investigation.
  B. (I) AN EMPLOYEE ORGANIZATION, WHICH HAS BEEN  CERTIFIED  OR  RECOG-
NIZED  TO  REPRESENT  EMPLOYEES  EMPLOYED ON PUBLIC WORKS CONTRACTS, MAY
REQUEST OF A STATE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER  STATE  ENTITY
AUTHORIZED  TO  LET  OUT WORK ON PUBLIC WORKS CONTRACTS, TO BE FURNISHED
WITH A COPY OF CERTIFIED PAYROLL RECORDS THAT HAVE BEEN PROVIDED TO SUCH
AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE ENTITY  AUTHORIZED  TO  LET
OUT  WORK  ON PUBLIC WORKS CONTRACTS, BY THE CONTRACTOR OR SUBCONTRACTOR
PERTAINING TO A PUBLIC WORKS CONTRACT.
  (II) IF SO REQUESTED, THE AGENCY, PUBLIC AUTHORITY, OR ANY OTHER STATE
ENTITY AUTHORIZED TO LET  OUT  WORK  ON  PUBLIC  WORKS  CONTRACTS,  MUST
FURNISH  A  COPY  OF  SUCH CERTIFIED PAYROLL RECORDS TO THE ORGANIZATION
WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH REQUEST.
  (III) THE CERTIFIED PAYROLL RECORDS MUST INCLUDE AT LEAST THE  FOLLOW-
ING INFORMATION:
  (1)  NAMES  AND ADDRESSES OF ALL EMPLOYEES WORKING ON THE PUBLIC WORKS
PROJECT;
  (2) EMPLOYEE CLASSIFICATIONS;
  (3) HOURS EMPLOYED ON THE PUBLIC WORKS PROJECT;
  (4) WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
  (5) SUPPLEMENTAL WAGE RATE THAT HAS BEEN PAID TO THE EMPLOYEES;
  (6) THE RATE OF ALL OTHER MONIES THAT WERE PAID TO EMPLOYEES.
  S 2. This act shall take effect immediately.