S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4400
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed 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
              

 S. 4400                             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;

 S. 4400                             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,

 S. 4400                             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
 ________________________________________________________________________
 
                                  4400--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 Introduced by Sens. VALESKY, ADDABBO, AKSHAR, CARLUCCI, KENNEDY, LATIMER
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on Labor -- reported favorably from said committee and
   committed to the Committee on Finance --  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.
              

                                                            LBD00549-05-7

 S. 4400--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

 S. 4400--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.