Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
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.Every fact on this page links to its source, starting with the official bill record.