2023 -- H 5594

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LC000396

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

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

BY CONTRACTORS

     

     Introduced By: Representatives Edwards, Bennett, Diaz, Kazarian, Casimiro, Casey, and
Alzate

     Date Introduced: February 15, 2023

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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

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

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     (a) Every contractor, subcontractor, vendor, or provider awarded a contract for public

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works or school transportation services as defined by this chapter shall furnish a certified copy of

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his, her, or its payroll records of his, her, or its employees employed on the project to the awarding

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authority on a monthly basis for all work completed in the preceding month on a uniform form

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prescribed by the director of labor and training. Notwithstanding the foregoing, certified payrolls

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for department of transportation or other road, highway, or bridge public works may be submitted

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on the federal payroll form, provided that, when a complaint is being investigated, the director or

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his or her designee may require that a contractor resubmit the certified payroll on the uniform

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department form or provide actual payroll records.

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     (b) Awarding authorities, contractors, subcontractors, vendors, and providers shall provide

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any and all payroll records to the director of labor and training within ten (10) days of their request

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by the director or his or her designee.

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

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

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

 

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

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

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

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department of labor and training and the director’s designee. This subsection shall not apply to

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road, highway, or bridge public works projects. For any offsite fabrication work subject to this

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section, the contractor, subcontractor or public body shall include a section in their weekly certified

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prevailing wage records that provides:

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     (1) The name and address of the manufacturer, shop or other type of prefabrication facility

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where the fabrication work was performed; and

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     (2) The name, address, and occupational classifications of each mechanic, apprentice,

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laborer or other employee employed in the performance of such work, the hours worked by, and

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wages paid to, each such employee.

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

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enforce the provisions of this section.

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

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payment to any contractor, subcontractor, vendor, or provider who or that fails to comply with the

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provisions of subsection (a) or subsection (b) above and shall also notify the director of labor and

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training. The awarding authority shall withhold any further payments until such time as the

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contractor, subcontractor, or provider has fully complied. If it is a subcontractor who or that has

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failed to comply, the amount withheld shall be proportionate to the amount attributed or due to the

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offending subcontractor as determined by the awarding authority. The department may also impose

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a penalty of up to five hundred dollars ($500) for each calendar day of noncompliance with this

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section, as determined by the director of labor and training. Mere errors and/or omissions in the

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daily logs maintained under subsection (c) shall not be grounds for imposing a penalty under this

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subsection.

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     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 require a contractor, subcontractor or public body to include offsite

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fabrication work in weekly certified prevailing wage records, which would include the name and

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address of the facility where the fabrication work was performed and the names, addresses, and

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occupational classifications, and hours and wages, of any mechanic, apprentice or laborer who

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perform the fabrication work.

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     This act would take effect upon passage.

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