S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1802
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M. of A. MAGNARELLI, STECK, COOK, JAFFEE, D'URSO, ORTIZ,
   BRONSON, BARNWELL, LIFTON -- Multi-Sponsored by --  M.  of  A.  ENGLE-
   BRIGHT,  SIMON,  WOERNER -- read once and referred to the Committee on
   Labor
 
 AN ACT to amend the labor law, in relation to establishing  a  registra-
   tion  system for contractors and subcontractors engaged in public work
   projects in order to better enforce  existing  labor  laws  and  regu-
   lations in the public works industry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  220-i  to
 read as follows:
   §  220-I.  REGISTRATION SYSTEM FOR CONTRACTORS AND SUBCONTRACTORS.  1.
 AS USED IN THIS SECTION:
   A. "CONTRACTOR" MEANS ANY CONTRACTOR OR SUBCONTRACTOR ENTERING INTO  A
 CONTRACT  TO  PERFORM  CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION, EXCA-
 VATION, REHABILITATION, REPAIR, INSTALLATION, RENOVATION, ALTERATION, OR
 CUSTOM FABRICATION, WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   B. "BUREAU" MEANS THE DEPARTMENT'S BUREAU OF PUBLIC WORKS.
   2. A. PRIOR TO SUBMITTING A BID ON A CONTRACT FOR  A  PUBLIC  WORK,  A
 CONTRACTOR  SHALL REGISTER IN WRITING WITH THE BUREAU ON A FORM PROVIDED
 BY THE COMMISSIONER. THE FORM SHALL REQUIRE THE FOLLOWING INFORMATION:
   I. THE NAME, PRINCIPAL BUSINESS ADDRESS AND TELEPHONE  NUMBER  OF  THE
 CONTRACTOR.
   II.  WHETHER  THE  CONTRACTOR  IS  A PERSON, PARTNERSHIP, ASSOCIATION,
 JOINT STOCK COMPANY, TRUST, CORPORATION, OR OTHER FORM OF BUSINESS ENTI-
 TY.
   III. THE NAME AND ADDRESS OF EACH PERSON WITH A FINANCIAL INTEREST  IN
 THE  CONTRACTOR AND THE PERCENTAGE INTEREST, EXCEPT THAT IF THE CONTRAC-
 TOR IS A PUBLICLY-TRADED CORPORATION, THE CONTRACTOR  SHALL  SUPPLY  THE
 NAMES AND ADDRESSES OF THE CORPORATION'S OFFICERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00119-01-9

 A. 1802                             2
 
   IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER AND UNEMPLOYMENT INSUR-
 ANCE REGISTRATION NUMBER.
   V. WHETHER THE CONTRACTOR HAS ANY OUTSTANDING WAGE ASSESSMENTS AGAINST
 IT, PURSUANT TO THIS ARTICLE.
   VI. WHETHER THE CONTRACTOR HAS BEEN DEBARRED UNDER NEW YORK OR FEDERAL
 LAW WITHIN THE LAST TEN YEARS.
   VII.  WHETHER THE CONTRACTOR HAS BEEN DEBARRED PURSUANT TO THE LAWS OF
 ANY OTHER STATE WITHIN THE LAST TEN YEARS.
   VIII. WHETHER THE CONTRACTOR HAS BEEN FINALLY DETERMINED BY THE APPRO-
 PRIATE AUTHORITY TO HAVE VIOLATED ANY LABOR LAWS OR EMPLOYMENT TAX  LAWS
 INCLUDING,  BUT NOT LIMITED TO, THE REQUIREMENT TO HAVE WORKERS' COMPEN-
 SATION COVERAGE, PAYMENT OF WORKERS'  COMPENSATION  PREMIUMS,  DEDUCTION
 AND  PAYMENT OF INCOME TAXES, PAYMENT OF UNEMPLOYMENT INSURANCE CONTRIB-
 UTIONS OR PAYMENT OF PREVAILING WAGE.
   IX. WHETHER THE CONTRACTOR HAS BEEN FINALLY DETERMINED BY  THE  APPRO-
 PRIATE AUTHORITY TO HAVE VIOLATED ANY LAWS ESTABLISHING WORKPLACE SAFETY
 STANDARDS INCLUDING THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT.
   X.  WHETHER OR NOT THE CONTRACTOR IS ASSOCIATED, OR A SIGNATORY TO, AN
 APPRENTICESHIP PROGRAM UNDER ARTICLE TWENTY-THREE OF  THIS  CHAPTER.  IF
 SO, THE APPRENTICESHIP PROGRAM SHALL BE PROVIDED BY THE CONTRACTOR.
   XI.  WHETHER  OR NOT THE CONTRACTOR IS A MINORITY OR WOMEN-OWNED BUSI-
 NESS ENTERPRISE PURSUANT TO THE PROVISIONS OF ARTICLE FIFTEEN-A  OF  THE
 EXECUTIVE LAW.
   B. AT THE TIME OF REGISTRATION, AND UPON REQUEST, THE CONTRACTOR SHALL
 SUBMIT TO THE COMMISSIONER DOCUMENTATION DEMONSTRATING THAT THE CONTRAC-
 TOR  HAS  WORKERS'  COMPENSATION  INSURANCE  COVERAGE FOR ALL WORKERS AS
 REQUIRED BY LAW. THIS INFORMATION SHALL BE MADE READILY AVAILABLE TO THE
 PUBLIC BY THE BUREAU WITHIN FORTY-EIGHT  HOURS  OF  THE  INITIAL  PUBLIC
 REQUEST.
   3.  THE  CONTRACTOR SHALL PAY A NON-REFUNDABLE REGISTRATION FEE OF TWO
 HUNDRED DOLLARS TO THE COMMISSIONER WHICH SHALL BE PAID TO  THE  GENERAL
 FUND.  THE COMMISSIONER, THROUGH REGULATIONS, SHALL REDUCE THE REGISTRA-
 TION FEE ASSOCIATED WITH MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES IN
 ORDER TO PROMOTE THE USE OF SUCH BUSINESSES ON PUBLIC WORK PROJECTS.
   4. UNLESS, FOLLOWING NOTICE AND A HEARING,  THE  BUREAU  DETERMINES  A
 CONTRACTOR  UNFIT  TO  BE  REGISTERED,  THE  COMMISSIONER  SHALL ISSUE A
 CERTIFICATE OF REGISTRATION TO THE CONTRACTOR UPON RECEIPT OF  THE  FEE,
 FORM  AND DOCUMENTATION REQUIRED BY THIS SECTION. A REGISTRATION CERTIF-
 ICATE SHALL BE VALID FOR TWO CALENDAR YEARS FROM THE DATE  OF  REGISTRA-
 TION.  REGISTRATIONS MAY BE RENEWED NOT LESS THAN THIRTY DAYS BEFORE THE
 EXPIRATION DATE OF THE IMMEDIATELY PRECEDING REGISTRATION.  THE  COMMIS-
 SIONER  SHALL  PROMULGATE  REGULATIONS  TO  DETERMINE UNDER WHAT CIRCUM-
 STANCES A CONTRACTOR WOULD BE UNFIT TO BE REGISTERED  PURSUANT  TO  THIS
 SECTION.  THE NOTICE TO A CONTRACTOR INITIALLY DETERMINED BY THE COMMIS-
 SIONER TO BE UNFIT BASED UPON THE REGISTRATION APPLICATION SHALL  BE  IN
 WRITING, SHALL NOT BE CONCLUSORY, AND SHALL STATE THE FACTUAL BASIS UPON
 WHICH THE DETERMINATION IS BASED. ANY DOCUMENTS, REPORTS, OR INFORMATION
 THAT  FORM  A  BASIS  FOR  SUCH  DETERMINATION  SHALL BE PROVIDED TO THE
 CONTRACTOR WITHIN A REASONABLE TIME BEFORE THE HEARING. FOR PURPOSES  OF
 THIS  SUBDIVISION,  THE  TERM  "UNFIT"  SHALL  MEAN A CONTRACTOR WHO THE
 COMMISSIONER DETERMINES TO BE UNABLE TO LAWFULLY ADHERE TO  PUBLIC  WORK
 CONTRACTUAL  OBLIGATIONS  AND RESPONSIBILITIES INCLUDING PREVAILING WAGE
 REQUIREMENTS PURSUANT TO THIS ARTICLE. SUCH DETERMINATION SHALL BE BASED
 ON A CLEARLY DOCUMENTED HISTORY, OFFICIAL RECORD OF PAST DEALINGS, OR  A
 PRESENT  DEMONSTRABLE  INABILITY  TO LAWFULLY ADHERE TO SUCH OBLIGATIONS
 AND RESPONSIBILITIES.

 A. 1802                             3
 
   5. NO CONTRACTOR SHALL BID ON A CONTRACT FOR PUBLIC WORK  UNLESS  THEY
 AND ALL SUBCONTRACTORS LISTED IN THE BID, IN ADDITION TO ANY SUBCONTRAC-
 TORS ASSOCIATED WITH WAGE AND/OR FRINGE BENEFIT PAYMENTS TO EMPLOYEES ON
 THE  PUBLIC  WORK  PROJECT,  ARE  REGISTERED  PURSUANT  TO THIS SECTION.
 FURTHER,  EACH  CONTRACTOR MUST SUBMIT THEIR CERTIFICATE OF REGISTRATION
 AS WELL AS ALL CERTIFICATES OF REGISTRATION FOR ANY AND ALL  SUBCONTRAC-
 TORS  FOR  SUCH  CONTRACT AT THE TIME THE BID IS MADE.  APPLICATIONS FOR
 REGISTRATION SHALL NOT BE ACCEPTED AS A SUBSTITUTE FOR A CERTIFICATE  OF
 REGISTRATION FOR THE PURPOSES OF THIS SECTION.
   6.  A.  A  CONTRACTOR WHO KNOWINGLY BIDS ON A CONTRACT FOR PUBLIC WORK
 WITHOUT REGISTERING, OR KNOWINGLY SUBMITS A BID WITH SUBCONTRACTORS THAT
 ARE NOT REGISTERED PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION  SHALL,
 AFTER  NOTICE  AND A HEARING, BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE
 THOUSAND DOLLARS.
   B. THE COMMISSIONER MAY REVOKE OR SUSPEND A REGISTRATION IF A CONTRAC-
 TOR OR SUBCONTRACTOR HAS BEEN FINALLY DETERMINED TO BE IN  VIOLATION  OF
 THE PREVAILING WAGE REQUIREMENTS OF THIS ARTICLE.
   C.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO LIMIT OR SUPERSEDE
 THE AUTHORITY OF ANY STATE OR MUNICIPAL ENTITY TO ENFORCE EXISTING LABOR
 LAWS, SAFETY STANDARDS, REGULATIONS, CODES OR ANY  OTHER  EXISTING  LAWS
 RELATIVE TO PUBLIC WORK.
   D.  A REGISTRATION PURSUANT TO THIS SECTION IS NOT NECESSARY FOR A BID
 OR WORK ON A CONTRACT FOR PUBLIC WORK AND  PENALTIES  PURSUANT  TO  THIS
 SECTION  SHALL  NOT APPLY WHEN A STATE OF EMERGENCY IS DECLARED PURSUANT
 TO SECTION TWENTY-FOUR OF THE EXECUTIVE LAW, WHEN THE GOVERNOR  DECLARES
 A  DISASTER  EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE
 LAW, OR WHEN THE PRESIDENT ISSUES A MAJOR DISASTER OR EMERGENCY DECLARA-
 TION AND SUCH WORK ARISES FROM OR IS IN CONNECTION WITH  THE  ACTUAL  OR
 IMPENDING  DECLARED  EMERGENCY  OR  DISASTER OR PURSUANT TO AN EMERGENCY
 CONSTRUCTION CONTRACT, OR OTHER CONTRACT ENTERED INTO DUE TO  AN  URGENT
 AND  UNEXPECTED  EVENT WHERE PUBLIC SAFETY OR THE CONSERVATION OF PUBLIC
 RESOURCES IS AT RISK, AS AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED TO
 THE PUBLIC BUILDINGS LAW, THE STATE FINANCE LAW, THE  GENERAL  MUNICIPAL
 LAW, OR THE PUBLIC AUTHORITIES LAW.
   7.  THE  DEPARTMENT SHALL PRESCRIBE REGULATIONS NECESSARY TO CARRY OUT
 THE PROVISIONS OF THIS SECTION WITHIN ONE HUNDRED EIGHTY DAYS AFTER  ITS
 EFFECTIVE DATE.
   §  2. This act shall take effect immediately, provided however, subdi-
 visions five and six of section 220-i of  the  labor  law  as  added  by
 section  one  of this act shall take effect one year after such date and
 shall apply to bids for public work projects on or after such date.