LBD08680-01-7
S. 3796 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.
§ 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. 3796 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
2017-2018.
§ 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.
§ 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.
§ 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.
§ 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. 3796 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.
§ 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. 3796 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.
§ 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. 3796 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.
§ 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.
§ 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.
§ 11. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (p) to read as follows:
(P) 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. 3796 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.
§ 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.
§ 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.
§ 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. 3796 8
§ 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.
§ 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.
§ 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. 3796 9
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 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.
