2011 -- S 0416 SUBSTITUTE A
A N A C T
RELATING TO LABOR - OMNIBUS FAIR CONTRACTING STANDARDS OF 2011
Introduced By: Senator Michael J. McCaffrey
Date Introduced: March 10, 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:
payroll record to director of labor and training Furnishing
payroll record to the awarding authority. -- (a)
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
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
(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.