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S T A T E O F N E W Y O R K
________________________________________________________________________
11282
I N A S S E M B L Y
May 6, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rozic) --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to requiring a
payroll services business to compile and provide annual wage and tax
statements and/or year-end forms to clients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 394-j to read as follows:
3 § 394-J. REQUIREMENTS FOR CERTAIN CONTRACTS INVOLVING PAYROLL SERVICES
4 BUSINESSES. 1. ANY PAYROLL SERVICES BUSINESS ENTERING INTO A PAYROLL
5 SERVICE CONTRACT OR OTHER AGREEMENT WITH A CLIENT SHALL, AS A CONDITION
6 OF SUCH CONTRACT OR OTHER AGREEMENT, COMPILE AND PROVIDE SUCH CLIENT'S
7 AND SUCH CLIENT'S EMPLOYEES' ANNUAL WAGE AND TAX STATEMENTS, INCLUDING
8 BUT NOT LIMITED TO W-2 FORMS, AND/OR ANY YEAR-END FORMS WITHOUT ADDI-
9 TIONAL COST OR DELAY. NO FINANCIAL OR OTHER DISPUTE BETWEEN THE PAYROLL
10 SERVICES BUSINESS AND ITS CLIENT SHALL ALLOW SUCH PAYROLL SERVICES BUSI-
11 NESS TO WITHHOLD, DELAY, OR FAIL TO DELIVER ITS CLIENT'S AND CLIENT'S
12 EMPLOYEES' ANNUAL WAGE AND TAX STATEMENTS AND/OR ANY YEAR-END FORMS.
13 2. ANY PAYROLL SERVICES BUSINESS THAT VIOLATES THIS SECTION IS LIABLE
14 FOR A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A FIRST
15 VIOLATION AND A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED
16 DOLLARS FOR EACH SUCCEEDING VIOLATION.
17 3. (A) FOR PURPOSES OF THIS SECTION, THE TERM "PAYROLL SERVICES BUSI-
18 NESS" SHALL MEAN A BUSINESS, WITH THE EXCEPTION OF AN OFFICE OF A CERTI-
19 FIED PUBLIC ACCOUNTANT, ENGAGED IN THE FOLLOWING WITHOUT ALSO PROVIDING
20 ACCOUNTING, BOOKKEEPING, OR BILLING SERVICES:
21 (1) COLLECTING INFORMATION ON HOURS WORKED, PAY RATES, DEDUCTIONS, AND
22 OTHER PAYROLL-RELATED DATA FROM THEIR CLIENTS; AND
23 (2) USING SUCH INFORMATION TO GENERATE PAYCHECKS, PAYROLL REPORTS, AND
24 TAX FILINGS.
25 (B) A PAYROLL SERVICES BUSINESS MAY USE DATA PROCESSING AND TABULATING
26 TECHNIQUES AS PART OF PROVIDING THEIR SERVICES.
27 § 2. This act shall take effect on the ninetieth day after it shall
28 have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15148-05-6