S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9265--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BRONSON,  GONZALEZ-ROJAS,  SHRESTHA,  REYES,
   L. ROSENTHAL, LUCAS, JACOBSON,  SAYEGH,  SHIMSKY,  ROZIC,  BORES,  RA,
   GANDOLFO, LUNSFORD -- read once and referred to the Committee on Labor
   --  reported  and  referred  to the Committee on Codes -- reported and
   referred to the Committee on Ways and Means --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the labor law, in relation to requiring contractors  and
   subcontractors employed by the state to submit their payrolls or tran-
   scripts to the fiscal officer
 
   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-j  to
 read as follows:
   § 220-J. PAYROLL REPORTING REQUIREMENTS. 1. AS USED IN THIS SECTION:
   A.  "CONTRACTOR"  MEANS ANY ENTITY ENTERING INTO A CONTRACT TO PERFORM
 CONSTRUCTION, DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REHABILITATION,
 REPAIR,  INSTALLATION,  RENOVATION,  ALTERATION,  OR CUSTOM FABRICATION,
 WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   B.  "FISCAL OFFICER" FOR PURPOSES OF THIS SECTION SHALL HAVE THE  SAME
 MEANING  AS  SET FORTH IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO
 HUNDRED TWENTY OF THIS ARTICLE.
   C. "SUBCONTRACTOR" MEANS ANY ENTITY SUBCONTRACTING WITH  A  CONTRACTOR
 TO  PERFORM  CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHA-
 BILITATION, REPAIR,  INSTALLATION,  RENOVATION,  ALTERATION,  OR  CUSTOM
 FABRICATION, WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   D.  "COVERED  PROJECT"  MEANS ANY PROJECT SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE, INCLUDING  BUT  NOT  LIMITED  TO,  PUBLIC  WORK  PROJECTS,
 PRIVATELY  OWNED  PREVAILING  WAGE  PROJECTS  AND  THOSE  SUBJECT TO THE
 PROVISIONS OF SECTIONS TWO HUNDRED TWENTY-FOUR-A,  TWO  HUNDRED  TWENTY-
 FOUR-D AND SECTIONS TWO HUNDRED TWENTY-FOUR-F OF THIS ARTICLE.
   E. "MONTHLY" MEANS AT LEAST ONCE EVERY THIRTY DAYS WHILE WORK IS BEING
 PERFORMED  ON  A  COVERED PROJECT AND WITHIN THIRTY DAYS AFTER THE FINAL
 DAY OF WORK WAS PERFORMED ON THE COVERED PROJECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14231-07-4
 A. 9265--A                          2
 
   2. EACH CONTRACTOR AND SUBCONTRACTOR  WORKING  ON  A  COVERED  PROJECT
 SHALL  FURNISH RECORDS CONSISTENT WITH SUBPARAGRAPH (III) OF PARAGRAPH A
 OF SUBDIVISION THREE-A OF SECTION TWO HUNDRED  TWENTY  OF  THIS  ARTICLE
 DIRECTLY TO THE FISCAL OFFICER IN THE FOLLOWING MANNER:
   A.  SUBMIT  RECORDS  MONTHLY  UNLESS  SUCH  COVERED  PROJECT  CONTRACT
 REQUIRES MORE FREQUENT REPORTING REQUIREMENTS;
   B. IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE  COMMISSION-
 ER, ON THE DEPARTMENT'S WEBSITE;
   C.  PROVIDE  DOCUMENTATION  OF  EACH  FUND,  PLAN OR PROGRAM WHERE ANY
 SUPPLEMENT HAS BEEN PAID OR PROVIDED FOR; AND
   D. PROVIDE A COPY OF THE PAYMENT BOND REQUIRED BY SECTION ONE  HUNDRED
 THIRTY-SEVEN OF THE STATE FINANCE LAW, INCLUDING ALL INFORMATION OPEN TO
 PUBLIC INSPECTION.
   3.  A.  A  CONTRACTOR  OR  SUBCONTRACTOR  WHO FAILS TO FURNISH RECORDS
 PURSUANT TO THIS SECTION RELATING TO ITS EMPLOYEES, SHALL BE SUBJECT  TO
 A PENALTY BY THE FISCAL OFFICER OF ONE HUNDRED DOLLARS FOR EACH DAY SUCH
 CONTRACTOR OR SUBCONTRACTOR IS IN VIOLATION OF THIS SECTION.
   B.  THE  FISCAL  OFFICER  SHALL  NOT  LEVEL A PENALTY PURSUANT TO THIS
 SUBDIVISION UNTIL SUCH CONTRACTOR OR SUBCONTRACTOR FAILS TO FURNISH SUCH
 ELECTRONIC RECORDS FOURTEEN DAYS AFTER THE  REQUIREMENTS  SET  FORTH  IN
 PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION.
   C.  SUCH  PENALTIES  PURSUANT TO THIS SUBDIVISION SHALL ONLY ACCRUE TO
 THE ACTUAL CONTRACTOR  OR  SUBCONTRACTOR  WHO  FAILED  TO  FURNISH  SUCH
 REQUIRED RECORDS.
   D.   ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE USED BY
 THE FISCAL OFFICER FOR PREVAILING WAGE ENFORCEMENT.
   E.  THE FISCAL OFFICER SHALL UNDERTAKE ACTIVITIES IT  DEEMS  NECESSARY
 TO MONITOR AND ENFORCE COMPLIANCE WITH THIS SECTION.
   4.  NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE
 DEPARTMENT SHALL DEVELOP AND IMPLEMENT AN ONLINE DATABASE OF  ELECTRONIC
 CERTIFIED PAYROLL RECORDS SUBMITTED PURSUANT TO THIS SECTION. SUCH DATA-
 BASE  SHALL BE PUBLICLY ACCESSIBLE, BUT NOT INCLUDE PERSONALLY IDENTIFI-
 ABLE INFORMATION. SUCH DATABASE  SHALL  BE  SEARCHABLE,  INCLUDING  EACH
 AVAILABLE  PAYROLL RECORD SUBSET.  IN A CITY WITH A POPULATION IN EXCESS
 OF ONE MILLION, THE COMMISSIONER SHALL  ENSURE  ACCESS  TO  SUCH  ONLINE
 DATABASE  IS PROVIDED TO THE FISCAL OFFICER IN A MANNER THAT ALLOWS SUCH
 OFFICER TO MONITOR AND ENFORCE THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.