| Chapter 189 |
| 2021 -- H 5856 SUBSTITUTE A Enacted 07/08/2021 |
| A N A C T |
| RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBTS BY CONTRACTORS |
Introduced By: Representatives Hawkins, Costantino, and Biah |
| Date Introduced: February 24, 2021 |
| 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, or its payroll records of his, or her, or its |
| 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 |
| road, highway, or bridge 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 or provide actual payroll |
| records. |
| (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 The 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 the director’s 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 or that fails to comply with the provisions of |
| subsections subsection (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 or that 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. |
| ======== |
| LC001593/SUB A/2 |
| ======== |