Chapter 396

2011 -- H 5936 SUBSTITUTE A AS AMENDED

Enacted 07/13/11

A N A C T

RELATING TO LABOR - OMNIBUS FAIR CONTRACTING STANDARDS OF 2011

Introduced By: Representatives Ucci, Williams, Petrarca, Edwards, and Palumbo

Date Introduced: March 16, 2011

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 director of labor and training 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 upon the project to the director of labor and

training on a monthly basis for the preceding month's work.

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

enforce the provisions of this section.

(c) Any contractor or subcontractor who fails to comply with the provisions of this

section shall be deemed guilty of a misdemeanor and shall pay to the director of labor and

training five hundred dollars ($500) for each calendar day of noncompliance as determined by the

director of labor and training. Any of those revenues shall be deposited as general revenues. Any

person, firm, or corporation found to have willfully made a false or fraudulent representation in

connection with reporting their certified payroll records shall be required to pay a civil penalty to

the department of labor and training in an amount of no less than one thousand dollars ($1,000)

and not greater than three thousand dollars ($3,000) per representation. For purposes of this

subsection "willfully" shall mean representations that are known to be false, or representations

made with deliberate ignorance or reckless disregard for their truth or falsity. 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 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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LC01590/SUB A/3

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