S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    739
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to payroll records  submitted
   by  contractors  and  subcontractors  for public work contracts and in
   relation to extending the  date  the  department  of  labor  shall  be
   required  to  develop  and  implement an online database of electronic
   certified payroll records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 4 of section 220-j of the labor law, as added
 by a chapter of the laws of 2024 amending  the  labor  law  relating  to
 requiring contractors and subcontractors employed by the state to submit
 their  payrolls  or  transcripts  to  the fiscal officer, as proposed in
 legislative bills numbers S. 8608-A and A. 9265-A, is amended to read as
 follows:
   4. No later than December  thirty-first,  two  thousand  [twenty-four]
 TWENTY-FIVE,  the department shall develop and implement an online data-
 base of electronic certified payroll records submitted pursuant to  this
 section.  Such  database  shall  be publicly accessible, but not include
 personally identifiable information. Such database shall be  searchable,
 including  each available payroll record subset.  In a city with a popu-
 lation 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. Section 220-j of the labor law, as added by a chapter of the laws
 of 2024 amending the labor law relating  to  requiring  contractors  and
 subcontractors  employed  by the state to submit their payrolls or tran-
 scripts to the fiscal officer, as proposed in legislative bills  numbers

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02669-01-5
              

 S. 739                              2
 
 S.  8608-A  and A. 9265-A, is amended by adding two new subdivisions 2-a
 and 5 to read as follows:
   2-A.  FOR  PURPOSES  OF SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH A OF
 SUBDIVISION THREE-A OF SECTION TWO HUNDRED TWENTY OF THIS  ARTICLE,  THE
 FURNISHING OF ELECTRONIC RECORDS CONSISTENT WITH SUBDIVISION TWO OF THIS
 SECTION  BY  A CONTRACTOR OR SUBCONTRACTOR SHALL SATISFY THE REQUIREMENT
 THAT SUCH  CONTRACTOR  OR  SUBCONTRACTOR  SUBMIT  A  TRANSCRIPT  OF  THE
 ORIGINAL PAYROLL RECORD AND THAT THE APPROPRIATE DEPARTMENT OF JURISDIC-
 TION COLLECT AND MAINTAIN SUCH PAYROLL RECORDS.
   5. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE MAYOR
 OF  A  CITY  WITH A POPULATION IN EXCESS OF ONE MILLION SHALL NOTIFY THE
 COMMISSIONER THAT SUCH CITY ELECTS TO DEVELOP AND  IMPLEMENT  AN  ONLINE
 DATABASE  OF  ELECTRONIC CERTIFIED PAYROLL RECORDS SUBMITTED PURSUANT TO
 THIS SECTION FOR EVERY CONTRACTOR AND SUBCONTRACTOR WORKING ON A  PUBLIC
 WORK  SUBJECT TO SECTION TWO HUNDRED TWENTY OF THIS ARTICLE PERFORMED BY
 OR ON BEHALF OF THE CITY.  SUCH DATABASE SHALL BE PUBLICLY ACCESSIBLE ON
 THE CITY'S WEBSITE AND  THROUGH  THE  DEPARTMENT'S  WEBSITE,  SHALL  NOT
 INCLUDE  PERSONALLY  IDENTIFIABLE  INFORMATION AND SHALL COMPLY WITH ALL
 PROVISIONS OF THIS CHAPTER. THE CITY COMPTROLLER SHALL  HAVE  ACCESS  TO
 SUCH ONLINE DATABASE IN A MANNER THAT ALLOWS SUCH OFFICER TO MONITOR AND
 ENFORCE  THE  PROVISIONS  OF  THIS  SECTION. WHERE SUCH CITY COMPTROLLER
 DETERMINES THAT SUCH DATABASE DOES NOT COMPLY  WITH  ALL  PROVISIONS  OF
 THIS  CHAPTER,  OR  WHERE  SUCH  CITY  FAILS TO DEVELOP SUCH DATABASE BY
 DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, UPON NOTICE TO THE COMMISSION-
 ER, ALL SUCH CITY AGENCY PROJECTS SHALL BE COVERED BY THE COMMISSIONER'S
 DATABASE AND SUCH CONTRACTORS AND SUBCONTRACTORS SHALL  FURNISH  RECORDS
 TO THE COMMISSIONER IN ACCORDANCE WITH THIS SECTION.
   § 3. Subparagraphs (iii) and (iv) of paragraph a of subdivision 3-a of
 section  220  of the labor law, subparagraph (iii) as amended by chapter
 86 of the laws of 2020 and subparagraph (iv) as amended by chapter 8  of
 the laws of 2008, are 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. Such payrolls or transcripts
 thereof shall be accompanied by a copy of  each  notice  required  under
 subdivision  one or two of section one hundred ninety-five of this chap-
 ter for every laborer, worker or mechanic, which shall be subscribed and
 sworn to or affirmed as true under penalties of  perjury  and  shall  be
 deemed  to  be  part of the original payrolls or transcripts thereof for
 purposes of this subdivision. 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] UNLESS OTHERWISE SUBMITTED PURSUANT TO SECTION
 TWO HUNDRED TWENTY-J OF THIS ARTICLE, EVERY contractor, and sub-contrac-
 tor, shall submit to the department of jurisdiction within  thirty  days
 after issuance of its first payroll, and every thirty days thereafter, a
 transcript  of the original payroll record, as provided by this article,
 S. 739                              3
 
 subscribed and sworn to or affirmed  as  true  under  the  penalties  of
 perjury.  Any  person  who  willfully fails to file such payroll records
 with the department of jurisdiction, commissioner, or the fiscal officer
 shall  be  guilty of a class E felony. In addition, any person who will-
 fully fails to file such payroll records within the  time  specified  in
 this subparagraph shall be subject to a civil penalty of up to one thou-
 sand dollars per day.
   (iv)  [The] UNLESS OTHERWISE SUBMITTED PURSUANT TO SECTION TWO HUNDRED
 TWENTY-J OF THIS  ARTICLE,  THE  department  of  jurisdiction  shall  be
 required to collect and maintain such payroll records at the times spec-
 ified  in subparagraph (iii) of this paragraph. The original payrolls or
 transcripts shall be preserved by the  department  of  jurisdiction  for
 five  years  from  the  date  of  completion  of the work on the awarded
 contract. The department of jurisdiction as herein referred to shall  be
 the department of the state, board or officer in the state, or municipal
 corporation or commission or board appointed pursuant to law, whose duty
 it  is  to prepare or direct the preparation of the plans and specifica-
 tions for a public work project. Each department of  jurisdiction  shall
 designate in writing an individual employed by such department responsi-
 ble  for  the  receipt,  collection  and  review  for facial validity of
 payrolls. Said designation shall be filed with the  fiscal  officer  and
 posted  in a conspicuous location at the project site. If the designated
 individual cannot perform the receipt, collection and review  of  certi-
 fied  payrolls  duties as indicated above, for any reason, including but
 not limited to reassignment, promotion or  separation  from  employment,
 the  department of jurisdiction must immediately designate another indi-
 vidual employed by such department to fulfill such responsibilities.  In
 the  event that a department of jurisdiction fails to name an individual
 responsible for the receipt, collection and review for  facial  validity
 of  payrolls,  as  set  forth  above, then the individual so responsible
 shall be the individual who is the  chief  policy-making  individual  of
 such department of jurisdiction.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2024, amending the labor law relating
 to requiring contractors and subcontractors employed  by  the  state  to
 submit  their payrolls or transcripts to the fiscal officer, as proposed
 in legislative bills numbers S. 8608-A and A. 9265-A, takes effect.