The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3057

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2017
                               ___________

Introduced  by  M.  of A. MAGNARELLI, SKOUFIS, STECK, MAYER -- 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.
DEFINITIONS AS USED IN THIS SECTION:
  A. "CONTRACTOR" MEANS A PERSON, PARTNERSHIP, ASSOCIATION, JOINT  STOCK
COMPANY, TRUST, CORPORATION, OR OTHER LEGAL BUSINESS ENTITY OR SUCCESSOR
THEREOF WHO ENTERS INTO A CONTRACT WHICH IS SUBJECT TO THE PROVISIONS OF
THIS ARTICLE, AND INCLUDES ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR
OF A CONTRACTOR AS DEFINED HEREIN.
  B. "BUREAU" MEANS THE DEPARTMENT OF LABOR'S BUREAU OF PUBLIC WORKS.
  2.  NO CONTRACTOR SHALL BID ON ANY CONTRACT FOR PUBLIC WORK SUBJECT TO
THE PROVISIONS OF THIS ARTICLE,  UNLESS  THE  CONTRACTOR  IS  REGISTERED
PURSUANT  TO THIS SECTION. NO CONTRACTOR SHALL LIST A SUBCONTRACTOR IN A
BID PROPOSAL FOR THE CONTRACT UNLESS  THE  SUBCONTRACTOR  IS  REGISTERED
PURSUANT TO THIS SECTION AT THE TIME THE BID IS MADE.
  3.  A. A CONTRACTOR SHALL REGISTER IN WRITING WITH THE DEPARTMENT 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  CORPORATION,  PARTNERSHIP,  SOLE
PROPRIETORSHIP, OR OTHER FORM OF BUSINESS ENTITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00549-01-7

A. 3057                             2

  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.
  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.
  VII.  WHETHER THE CONTRACTOR HAS BEEN DEBARRED PURSUANT TO THE LAWS OF
ANY OTHER STATE.
  VIII. ANY PAST VIOLATIONS OF LABOR  LAWS  FOUND  BY  ANY  GOVERNMENTAL
ENTITY.
  IX.  WHETHER  OR NOT THE CONTRACTOR IS ASSOCIATED OR A SIGNATORY TO AN
APPRENTICESHIP PROGRAM UNDER ARTICLE 23 OF THIS CHAPTER.
  X. ANY OTHER RELEVANT AND APPROPRIATE INFORMATION AS DETERMINED BY THE
COMMISSIONER.
  B. AT THE TIME OF REGISTRATION, AND  SUBSEQUENTLY  UPON  REQUEST,  THE
CONTRACTOR  SHALL SUBMIT TO THE COMMISSIONER DOCUMENTATION DEMONSTRATING
THAT THE CONTRACTOR HAS WORKER'S COMPENSATION INSURANCE COVERAGE FOR ALL
WORKERS AS REQUIRED BY LAW.
  4. A. THE CONTRACTOR SHALL PAY AN INITIAL ANNUAL NON-REFUNDABLE REGIS-
TRATION FEE OF THREE HUNDRED DOLLARS TO THE  COMMISSIONER.  THE  NON-RE-
FUNDABLE  REGISTRATION  FEE  FOR THE SECOND ANNUAL REGISTRATION SHALL BE
THREE HUNDRED DOLLARS. UPON SUCCESSFUL  COMPLETION  OF  TWO  CONSECUTIVE
YEARS OF REGISTRATION, A CONTRACTOR MAY ELECT TO REGISTER FOR A TWO-YEAR
PERIOD  AND  PAY  A  NON-REFUNDABLE  REGISTRATION  FEE  OF  FIVE HUNDRED
DOLLARS.
  B. A CONTRACTOR WHO IS PERFORMING PUBLIC WORK ON THE EFFECTIVE DATE OF
THIS ACT SHALL SUBMIT THE REGISTRATION APPLICATION FORM AND FEE  TO  THE
COMMISSIONER WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ACT.
  C.  THE BUREAU MAY, IN ITS DISCRETION, DETERMINE A CONTRACTOR IS UNFIT
TO BE REGISTERED PURSUANT TO THIS SECTION.  A  CONTRACTOR  DEEMED  UNFIT
PURSUANT  TO THIS SECTION SHALL BE PROVIDED WITH WRITTEN NOTICE FROM THE
DEPARTMENT AND SHALL BE AFFORDED THE OPPORTUNITY TO APPEAL SUCH DETERMI-
NATION.
  5. UPON RECEIPT OF THE FEE, FORM AND DOCUMENTATION  REQUIRED  BY  THIS
SECTION,  THE  COMMISSIONER SHALL ISSUE A CERTIFICATE OF REGISTRATION TO
THE CONTRACTOR. A REGISTRATION CERTIFICATE SHALL BE VALID FOR ONE CALEN-
DAR YEAR FROM THE DATE OF REGISTRATION. REGISTRATIONS SHALL  BE  RENEWED
NOT  LESS THAN THIRTY DAYS BEFORE THE EXPIRATION DATE OF THE IMMEDIATELY
PRECEDING REGISTRATION.
  6. EACH CONTRACTOR SHALL, AFTER THE BID  IS  MADE  AND  PRIOR  TO  THE
AWARDING  OF  THE CONTRACT, SUBMIT TO THE PUBLIC ENTITY THE CERTIFICATES
OF REGISTRATION FOR ALL  SUBCONTRACTORS  LISTED  IN  THE  BID  PROPOSAL.
APPLICATIONS  FOR REGISTRATION SHALL NOT BE ACCEPTED AS A SUBSTITUTE FOR
A CERTIFICATE OF REGISTRATION FOR THE PURPOSES OF THIS SECTION.
  7. A. A CONTRACTOR WHO:
  I. WILLFULLY HINDERS OR DELAYS THE COMMISSIONER IN THE PERFORMANCE  OF
HIS DUTIES IN THE ENFORCEMENT OF THIS ACT;
  II.  FAILS  TO  MAKE, KEEP, AND PRESERVE ANY RECORDS AS REQUIRED UNDER
THIS ARTICLE;
  III. FALSIFIES ANY SUCH RECORD, OR REFUSES TO  MAKE  ANY  SUCH  RECORD
ACCESSIBLE TO THE COMMISSIONER UPON DEMAND;

A. 3057                             3

  IV.  REFUSES TO FURNISH A SWORN STATEMENT OF SUCH RECORDS OR ANY OTHER
INFORMATION REQUIRED FOR THE ENFORCEMENT OF THIS ACT TO THE COMMISSIONER
UPON DEMAND;
  V. PAYS OR AGREES TO PAY WAGES AT A RATE LESS THAN THE RATE PRESCRIBED
BY THIS ARTICLE; OR
  VI.  OTHERWISE VIOLATES ANY PROVISION OF THIS SECTION, SHALL BE GUILTY
OF A CLASS A MISDEMEANOR AND MAY BE ASSESSED A CIVIL PENALTY  OF  UP  TO
FIFTY THOUSAND DOLLARS.
  B.  AS  AN ALTERNATIVE TO OR IN ADDITION TO SANCTIONS PROVIDED BY THIS
ARTICLE, THE COMMISSIONER  MAY,  AFTER  PROVIDING  THE  CONTRACTOR  WITH
NOTICE  OF ANY ALLEGED VIOLATION OF THIS ACT, AND WITH AN OPPORTUNITY TO
REQUEST A HEARING BEFORE THE COMMISSIONER:
  I. DENY RENEWAL, REVOKE OR SUSPEND THE REGISTRATION  OF  A  CONTRACTOR
FOR A PERIOD OF NOT MORE THAN FIVE YEARS; OR
  II.  REQUIRE  A  CONTRACTOR,  AS  A  CONDITION OF INITIAL OR CONTINUED
REGISTRATION, TO PROVIDE A SURETY BOND PAYABLE TO THE STATE. THE  SURETY
BOND  SHALL  BE  FOR  THE BENEFIT OF WORKERS DAMAGED BY ANY FAILURE OF A
CONTRACTOR TO PAY WAGES OR BENEFITS PURSUANT TO OR OTHERWISE COMPLY WITH
THE PROVISIONS OF THIS ARTICLE. THE SURETY BOND SHALL BE IN  THE  AMOUNT
AND FORM THAT THE COMMISSIONER DEEMS NECESSARY FOR THE PROTECTION OF THE
CONTRACTOR'S  WORKERS,  BUT  SHALL  NOT  EXCEED TEN THOUSAND DOLLARS PER
WORKER.
  C. THE BUREAU MAY ORDER THE IMMEDIATE  SUSPENSION  OF  A  CONTRACTOR'S
REGISTRATION,  PRIOR  TO  A  FORMAL  HEARING  ON  THE  REVOCATION OF THE
CONTRACTOR'S REGISTRATION PURSUANT TO PARAGRAPH B OF  THIS  SUBDIVISION,
IF THE BUREAU DETERMINES THAT ORDERING AN IMMEDIATE SUSPENSION IS IN THE
PUBLIC INTEREST AND PROVIDED THAT THE CONTRACTOR IS AFFORDED AN OPPORTU-
NITY TO CONTEST THE IMMEDIATE SUSPENSION IN THE FOLLOWING MANNER:
  I.  THE BUREAU SHALL NOTIFY THE CONTRACTOR IN WRITING OF THE IMMEDIATE
REVOCATION AND THE CONTRACTOR'S RIGHTS UNDER THIS PARAGRAPH.
  II. THE CONTRACTOR MAY NOTIFY THE BUREAU OF ITS REQUEST FOR AN  OPPOR-
TUNITY TO BE HEARD AND CONTEST THE IMMEDIATE SUSPENSION IN WRITING WITH-
IN  SEVENTY-TWO  HOURS  OF ITS RECEIPT OF IMMEDIATE SUSPENSION NOTIFICA-
TION.
  III. WITHIN SEVEN BUSINESS DAYS OF RECEIPT OF  THE  NOTIFICATION  FROM
THE CONTRACTOR PURSUANT TO SUBPARAGRAPH II OF THIS PARAGRAPH, THE BUREAU
SHALL  GRANT  THE  CONTRACTOR A HEARING TO CONTEST THE IMMEDIATE SUSPEN-
SION. THE BUREAU SHALL PERMIT THE CONTRACTOR TO PRESENT EVIDENCE AT  THE
HEARING.
  IV.  THE  BUREAU  SHALL  ISSUE A WRITTEN DECISION WITHIN FIVE BUSINESS
DAYS OF THE HEARING EITHER UPHOLDING OR REVERSING THE CONTRACTOR'S IMME-
DIATE SUSPENSION. THE DECISION SHALL INCLUDE THE GROUNDS  FOR  UPHOLDING
OR REVERSING THE CONTRACTOR'S IMMEDIATE SUSPENSION.
  V. IF THE CONTRACTOR DISAGREES WITH THE WRITTEN DECISION, THE CONTRAC-
TOR MAY APPEAL THE DECISION TO THE COMMISSIONER.
  D.  IF  THE  BUREAU  INTENDS  TO IMPOSE AN IMMEDIATE SUSPENSION AS SET
FORTH IN PARAGRAPH C OF THIS SUBDIVISION, THE BUREAU SHALL  PROVIDE  THE
CONTRACTOR  WITH  A  NOTICE  OF INTENT TO SUSPEND AND THE CONTRACTOR MAY
REQUEST AN ADMINISTRATIVE HEARING BEFORE THE COMMISSION WITHIN  SEVENTY-
TWO  HOURS OF THE RECEIPT OF THE NOTICE OF INTENT TO SUSPEND IN ORDER TO
PRESENT EVIDENCE EXPEDITIOUSLY IN  SUPPORT  OF  THE  POSITION  THAT  THE
SUSPENSION  SHOULD  NOT BE IMPOSED. THE SUSPENSION SHALL NOT TAKE EFFECT
PRIOR TO THE EXPIRATION OF THE SEVENTY-TWO HOUR OPPORTUNITY TO REQUEST A
HEARING. IF SUCH A REQUEST IS NOT MADE, THE SUSPENSION SHALL TAKE EFFECT
AT THE END OF THE SEVENTY-TWO HOUR PERIOD. IF SUCH A  REQUEST  IS  MADE,

A. 3057                             4

THE  SUSPENSION  SHALL  TAKE EFFECT ONLY AFTER THE COMMISSIONER CONDUCTS
THE HEARING.
  E.  IF  THE  BUREAU  ORDERS THE IMMEDIATE SUSPENSION OF A CONTRACTOR'S
REGISTRATION PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, THE  VIOLATION
SHALL  HAVE  NO  EFFECT ON THE REGISTRATION OF ANY CONTRACTOR OR SUBCON-
TRACTOR, REGARDLESS OF TIER, IN THE CONTRACTUAL CHAIN WITH THE SUSPENDED
CONTRACTOR.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.  Effective  immediately, the commissioner of labor
shall promulgate rules and regulations necessary or appropriate to carry
out the provisions of this act.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3057--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2017
                               ___________

Introduced  by M. of A. MAGNARELLI, SKOUFIS, STECK, MAYER, COOK, JAFFEE,
  D'URSO, MOYA, HARRIS, ORTIZ, JENNE, BRONSON, BRINDISI  --  Multi-Spon-
  sored  by  --  M.  of  A. ENGLEBRIGHT, SIMON, WOERNER -- read once and
  referred to the Committee  on  Labor  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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-

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

                                                           LBD00549-04-7

A. 3057--A                          2

TOR IS A PUBLICLY-TRADED CORPORATION, THE CONTRACTOR  SHALL  SUPPLY  THE
NAMES AND ADDRESSES OF THE CORPORATION'S OFFICERS.
  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

A. 3057--A                          3

PRESENT  DEMONSTRABLE  INABILITY  TO LAWFULLY ADHERE TO SUCH OBLIGATIONS
AND RESPONSIBILITIES.
  5.  NO  CONTRACTOR SHALL BID ON A CONTRACT FOR PUBLIC WORK UNLESS THEY
AND ALL SUBCONTRACTORS LISTED IN THE BID 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
SUBCONTRACTORS LISTED IN SUCH BID PROPOSAL 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
LISTED IN THE BID THAT ARE NOT REGISTERED  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 LOCAL  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 EMERGEN-
CY  DECLARATION  PURSUANT  TO THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT (P.L. 93-288) AND SUCH WORK ARISES FROM  OR  IS
IN  CONNECTION WITH THE ACTUAL OR IMPENDING DECLARED EMERGENCY OR DISAS-
TER.
  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.