S 9755 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S09755 Summary: BILL NO S09755A &nbsp SAME AS SAME AS A11282

&nbsp SPONSOR SUTTON &nbsp COSPNSR MYRIE, SALAZAR, WEBB &nbsp MLTSPNSR &nbsp Add §394-j, Gen Bus L &nbsp Requires a payroll services business to compile and provide annual wage and tax statements and/or year-end forms to clients without additional cost or delay.

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STATE OF NEW YORK ________________________________________________________________________

9755--A

IN SENATE

April 2, 2026 ___________

Introduced by Sens. SUTTON, MYRIE, SALAZAR, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15148-04-6

S. 9755--A 2

1 (b) A payroll services business may use data processing and tabulating 2 techniques as part of providing their services. 3 § 2. This act shall take effect on the ninetieth day after it shall 4 have become a law.

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