BILL NUMBER: S8608A
SPONSOR: RAMOS
TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To add a new section 220-j to Article 8 of the labor law to create an
electronic certified payroll system applicable to all prevailing wage
projects.
SUMMARY OF PROVISIONS:
Section 1. adds a new section 220-j to article 8 of the labor law which
details relevant definitions, covered projects, the information required
to be submitted electronically by each contractor, the applicable penal-
ties for failure to do so and sets a date of December 31, 2024 for the
Department of Labor (DOL) to implement such system. Electronic report-
ing requirements would be monthly, unless the contract requires more
frequent reporting, and would apply to all records that contractors are
currently required to report pursuant to section 220(3 - a)(a)(iii) of
labor law. Additionally the contractor must provide documentation of
each fund, plan or program where any supplement has been paid or
provided for, along with a copy of the payment bond required by section
137 of the state finance law, which is already open to public
inspection.
Section 2. Effective date.
JUSTIFICATION:
This legislation will provide a more streamlined system for DOL to
collect and maintain certified payroll already required by the law. It
will also assist the various public entities, including municipalities,
who are responsible for ensuring contractors maintain these records. The
sponsors anticipate the system will pay for itself in terms of increased
efficiency for DOL enforcement activities and resulting collections.
Notably, contractors will all have to register electronically at the end
of 2024 pursuant to section 220-i of the labor law; it would make sense
for payroll reporting to be included.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.