2021 -- S 0297

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LC001730

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBTS

BY CONTRACTORS

     Introduced By: Senators Lombardo, Ciccone, Picard, Gallo, Sosnowski, and
Archambault

     Date Introduced: February 18, 2021

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-13-13 of the General Laws in Chapter 37-13 entitled "Labor and

Payment of Debts by Contractors" is hereby amended to read as follows:

     37-13-13. Furnishing payroll record to the awarding authority.

     (a) Every contractor and subcontractor awarded a contract for public works as defined by

this chapter shall furnish a certified copy of his or her payroll records of his or her employees

employed on the project to the awarding authority on a monthly basis for all work completed in the

preceding month on a uniform form prescribed by the director of labor and training.

Notwithstanding the foregoing, certified payrolls for department of transportation or other public

works may be submitted on the federal payroll form, provided that, when a complaint is being

investigated, the director or his or her designee may require that a contractor resubmit the certified

payroll on the uniform department form.

     (b) Awarding authorities, contractors and subcontractors shall provide any and all payroll

records to the director of labor and training within ten (10) days of their request by the director or

his or her designee.

     (c) In addition, every contractor and subcontractor shall maintain on the site where public

works are being constructed and the general or primary contract is one million dollars ($1,000,000)

or more, a daily log of employees employed each day on the public works project. The log shall

include, at a minimum, for each employee his or her name, primary job title, and employer and

shall be kept on a uniform form prescribed by the director of labor and training. Such log shall be

available for inspection on the site at all times by the awarding authority and/or the director of the

department of labor and training and his or her designee. This subsection shall not apply to road,

highway, or bridge public works projects.

     (d) The director of labor and training may promulgate reasonable rules and regulations to

enforce the provisions of this section.

     (e) The awarding authority of any public works project shall withhold the next scheduled

payment to any contractor or subcontractor who fails to comply with the provisions of subsections

(a) or (b) above and shall also notify the director of labor and training. The awarding authority shall

withhold any further payments until such time as the contractor or subcontractor has fully complied.

If it is a subcontractor who has failed to comply, the amount withheld shall be proportionate to the

amount attributed or due to the offending subcontractor as determined by the awarding authority.

The department may also impose a penalty of up to five hundred dollars ($500) for each calendar

day of noncompliance with this section, as determined by the director of labor and training. Mere

errors and/or omissions in the daily logs maintained under subsection (c) shall not be grounds for

imposing a penalty under this subsection.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBTS

BY CONTRACTORS

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     This act would relieve regulatory burden by authorizing submission of certified payroll

using federal forms for all public works.

     This act would take effect upon passage.

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