NY State Senate Bill S5994C

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	approval memo.105 signed chap.827
Dec 19, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.392 substituted for a1338c
May 31, 2022	referred to ways and means delivered to assembly passed senate
May 16, 2022	advanced to third reading amended 5994c
May 11, 2022	2nd report cal. amended 5994b
May 10, 2022	1st report cal.1216
May 04, 2022	reported and committed to finance
Mar 25, 2022	print number 5994a
Mar 25, 2022	amend and recommit to labor
Jan 05, 2022	referred to labor
Mar 25, 2021	referred to labor

Votes

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Original

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S5994 - Details

See Assembly Version of this Bill:: A1338
Law Section:: Labor Law
Laws Affected:: Add §220-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9089
2017-2018: A3057
2019-2020: A1802

S5994 - Summary

Establishes a registration system for contractors and subcontractors engaged in public work and covered projects in order to better enforce existing labor laws and regulations in the public works industry.

S5994 - Sponsor Memo

 
BILL NUMBER: S5994

SPONSOR: RYAN
 
TITLE OF BILL:

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 regulations
in the public works industry

 
PURPOSE:

This legislation creates a registration system for contractors that wish
to bid on public works projects in New York. It would ensure public
works contractors do not have previous labor law violations and will
abide by New York labor laws and regulations, including prevailing wage
requirements.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes a registration system for contractors and subcon-

tractors that bid on "public works" in New York. It requires that
contractors register with the Department of Labor and pay a registration
fee. Once registered, the Department of Labor will issue a certificate
of registration that must be presented to public entities when bidding
on a project. The Commissioner of Labor is empowered to suspend or
revoke a registration on a finding of wrong doing. The bill creates a
process for the finding of violations, the ability to issue penalties,
and a process for the contractor to appeal the suspension or revocation.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Public works projects in New York are governed by Article 8 of the New
York Labor Law. Among other requirements, public work contractors are
required to pay "prevailing wage" on public works projects. At times,
public works contractors have been found to have violated the "prevail-
ing wage" rates and/or other provisions of the Labor Law.  Other states
with similar systems have adopted a registration system for public works
contractors to prevent bad actors from receiving contracts in the first
place. This legislation would create a registration system in New York.

This legislation would create a system whereby any contractor wishing to
bid on a public works project must register with the Department of Labor
and pay a registration fee. It would provide the Department an opportu-
nity to vet the contractor to see if they had any previous violations of
the Labor Law, and ensure only responsible contractors are allowed to
bid on New York public works projects.

 
LEGISLATIVE HISTORY:

2019-2020: A.1802;

2017-2018: A.3057-A;

2016: A.9089-A

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
Immediately, provided however, subdivisions 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.

S5994 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5994
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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.
 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.
   IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER AND UNEMPLOYMENT INSUR-
 ANCE REGISTRATION NUMBER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01736-01-1

 S. 5994                             2
 
   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.
   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-

 S. 5994                             3
 
 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.

Co-Sponsors

S5994A - Details

See Assembly Version of this Bill:: A1338
Law Section:: Labor Law
Laws Affected:: Add §220-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9089
2017-2018: A3057
2019-2020: A1802

S5994A - Summary

S5994A - Sponsor Memo

 
BILL NUMBER: S5994A

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing a registra-
tion system for contractors and subcontractors engaged in public work
and covered projects in order to better enforce existing labor laws and
regulations in the public works industry

 
PURPOSE:

To create a registration system for contractors that wish to bid on
contracts for public work and commence work on certain covered projects
in New York. It would ensure the contractors do not have previous labor
law violations and will abide by New York labor laws and regulations,
including prevailing wage requirements.

 
SUMMARY OF PROVISIONS:

Sections 1-2 of the bill amend the labor law by adding a new section
220-i.

Section 1 establishes a registration system for contractors and subcon-
tractors that bid on certain covered projects in New York.  Provides
definitions for relevant terms, including "contractor, "bureau," and
"covered project."

Provides requirements for written registration prior to bidding on a
contract or commencing work on a covered project under private contract.

Requires contractor to submit documentation to the commissioner proving
workers' compensation insurance for all workers and submit a non-refund-
able registration fee.

Provides for registrations issued by the commissioner and notice and
documentation requirements in the event of an "unfit" contractor.
Establishes civil penalties for registration violations for owners and
developers, contractors, and subcontractors working on public work
and/or covered projects.

Establishes a publicly accessible online system to make available all
registrations and disclosures required by this section.

Section 2 sets the effective date.

 
JUSTIFICATION:

Construction projects subject to "prevailing wage" in New York are
governed by Article 8 of the New York Labor Law. At times, contractors
for covered projects have been found to have violated the "prevailing
wage" rates and/or other provisions of the Labor Law.  Other states with
similar systems have adopted a registration system for covered project
contractors to prevent bad actors from receiving contracts in the first
place. This legislation would create a registration system in New York.

This legislation would create a system whereby any contractor wishing to
bid on a covered project must register with the Department of Labor and
pay a registration fee. It would provide the Department an opportunity
to vet the contractor to see if they had any previous violations of the
Labor Law and ensure only responsible contractors are allowed to bid on
New York covered projects.

 
LEGISLATIVE HISTORY:

2019-2020: A.1802;

2017-2018: A.3057-A;

2016: A.9089-A

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:

This act shall take effect immediately, provided however, subdivisions
one through 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.

S5994A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the labor law, in relation to establishing a registra-
   tion system for contractors and subcontractors engaged in public  work
   and  covered  projects  in order to better enforce existing labor laws
   and regulations 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.
   C.  "COVERED  PROJECT"  MEANS ANY PROJECT SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE, INCLUDING BUT NOT LIMITED TO,  PUBLIC  WORK  PROJECTS  AND
 THOSE  SUBJECT  TO  THE PROVISIONS OF SECTIONS TWO HUNDRED TWENTY-FOUR-A
 AND TWO HUNDRED TWENTY-FOUR-D OF THIS ARTICLE.
   2. A. PRIOR TO SUBMITTING A BID ON  A  CONTRACT  FOR  PUBLIC  WORK  OR
 COMMENCING  WORK ON A COVERED PROJECT UNDER PRIVATE CONTRACT, A CONTRAC-
 TOR 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01736-11-2
 S. 5994--A                          2

 
   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.
   IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER, UNEMPLOYMENT INSURANCE
 REGISTRATION NUMBER, AND WORKERS' COMPENSATION BOARD EMPLOYEE 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,  INCLUDING  ANY  AND ALL DECLARATIONS AND INFORMATION
 PAGES RELATED TO SUCH POLICY WHICH SHALL  BE  ELECTRONICALLY  ACCESSIBLE
 AND SEARCHABLE TO THE PUBLIC, PROVIDED HOWEVER, THAT IN NO EVENT SHALL A
 WORKER'S  NAME  OR OTHER PERSONAL IDENTIFYING INFORMATION BE INCLUDED IN
 SUCH DATABASE.  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 COVERED 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
 S. 5994--A                          3
 
 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  NO  LESS  THAN  TEN DAYS 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 CONTRACTUAL
 OBLIGATIONS OF THIS ARTICLE 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  OBLI-
 GATIONS AND RESPONSIBILITIES.
   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.   FOR COVERED PROJECTS
 PERFORMED UNDER PRIVATE CONTRACT, THE OWNER OR DEVELOPER OF SUCH PROJECT
 MUST ENSURE THAT ANY CONTRACTOR WHICH IT HIRES, OR SUBCONTRACTOR THAT IS
 HIRED, TO PERFORM WORK ON SUCH PROJECT IS REGISTERED  PURSUANT  TO  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.    FOR  COVERED  PROJECTS  PERFORMED  UNDER   PRIVATE
 CONTRACT,  AN  OWNER  OR  DEVELOPER  WHO KNOWINGLY COMMENCES WORK WITH A
 CONTRACTOR OR SUBCONTRACTOR THAT IS NOT REGISTERED PURSUANT TO  SUBDIVI-
 SION FIVE OF THIS SECTION SHALL, AFTER NOTICE AND HEARING, BE SUBJECT TO
 A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS. A CONTRACTOR WHO KNOWING-
 LY  COMMENCES WORK ON A COVERED PROJECT WITHOUT REGISTERING OR KNOWINGLY
 CONTRACTS WITH AN UNREGISTERED  SUBCONTRACTOR  FOR  WORK  ON  A  COVERED
 PROJECT SHALL, AFTER NOTICE AND HEARING BE SUBJECT TO A CIVIL PENALTY OF
 UP  TO  ONE  THOUSAND DOLLARS. ANY SUBCONTRACTOR WHO KNOWINGLY COMMENCES
 WORK ON ANY COVERED PROJECT WITHOUT REGISTERING SHALL, AFTER NOTICE  AND
 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
 S. 5994--A                          4
 
 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 ESTABLISH AND MAINTAIN AN ONLINE SYSTEM TO
 MAKE AVAILABLE  ALL  REGISTRATIONS  AND  DISCLOSURES  REQUIRED  BY  THIS
 SECTION.
   8.   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 one through 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.

Co-Sponsors

S5994B - Details

See Assembly Version of this Bill:: A1338
Law Section:: Labor Law
Laws Affected:: Add §220-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9089
2017-2018: A3057
2019-2020: A1802

S5994B - Summary

S5994B - Sponsor Memo

 
BILL NUMBER: S5994B

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing a registra-
tion system for contractors and subcontractors engaged in public work
and covered projects in order to better enforce existing labor laws and
regulations in the public works industry

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a registration system for contractors that wish to bid on
contracts for public work and commence work on certain covered projects
in New York. It would ensure the contractors do not have previous labor
law violations and will abide by New York labor laws and regulations,
including prevailing wage requirements.

 
SUMMARY OF PROVISIONS:

Sections 1-2 of the bill amend the labor law by adding a new section
220-i.

Section 1 establishes a registration system for contractors and subcon-
tractors that bid on certain covered projects in New York.

Provides definitions for relevant terms, including "contractor,"
"bureau," and "covered project."

Provides requirements for written registration prior to bidding on a
contract or commencing work on a covered project under private contract.

Requires contractor to submit documentation to the commissioner proving
workers' compensation insurance for all workers and submit a non-refund-
able registration fee.

Provides for registrations issued by the commissioner and notice and
documentation requirements in the event of an "unfit" contractor.

Establishes civil penalties for registration violations for owners and
developers, contractors, and subcontractors working on public work
and/or covered projects.

Establishes a publicly accessible online system to make available all
registrations and disclosures required by this section.

Section 2 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Makes technical changes and adds the term, "covered project."

Adds the workers' compensation board employer number to the contractor's
registration form provided by the commissioner.

Requires any documents, reports, or information concerning a potentially
unfit contractor be provided no more than 10 days before the hearing.


Requires owner or developer of covered projects under private contract
to ensure that any hired contractor or subcontractor is registered
pursuant to this section.

Establishes civil penalties for owners and developers, contractors, and
subcontractors working on covered projects for registration violations.

Adds subdivision 8 that requires the Department of Labor to prescribe
regulations within one hundred eighty days after the effective date.
States that subdivisions one though six of section 1 of section 220-i of
the labor law shall take effect one year after the effective date.

 
JUSTIFICATION:

Construction projects subject to "prevailing wage" in New York are
governed by Article 8 of the New York Labor Law. At times, contractors
for covered projects have been found to have violated the "prevailing
wage" rates and/or other provisions of the Labor Law.  Other states with
similar systems have adopted a registration system for covered project
contractors to prevent bad actors from receiving contracts in the first
place. This legislation would create a registration system in New York.

This legislation would create a system whereby any contractor wishing to
bid on a covered project must register with the Department of Labor and
pay a registration fee. It would provide the Department an opportunity
to vet the contractor to see if they had any previous violations of the
Labor Law and ensure only responsible contractors are allowed to bid on
New York covered projects.

 
LEGISLATIVE HISTORY:

2019-2020: A.1802;

2017-2018: A.3057-A;

2016: A.9089-A

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided however, subdivisions
one through 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.

S5994B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--B
     Cal. No. 1216
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2021
                                ___________
 
 Introduced  by Sens. RYAN, GAUGHRAN, MATTERA, PALUMBO, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Labor -- recommitted to the Committee on Labor in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   reported favorably from said committee and committed to the  Committee
   on Finance -- reported favorably from said committee, ordered to first
   report,  amended  on  first  report,  ordered  to  a second report and
   ordered reprinted, retaining its place in the order of second report
 
 AN ACT to amend the labor law, in relation to establishing  a  registra-
   tion  system for contractors and subcontractors engaged in public work
   and covered projects in order to better enforce  existing  labor  laws
   and regulations 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.
   C. "COVERED PROJECT" MEANS ANY PROJECT SUBJECT TO  THE  PROVISIONS  OF
 THIS  ARTICLE,  INCLUDING  BUT  NOT LIMITED TO, PUBLIC WORK PROJECTS AND
 THOSE SUBJECT TO THE PROVISIONS OF SECTIONS  TWO  HUNDRED  TWENTY-FOUR-A
 AND TWO HUNDRED TWENTY-FOUR-D OF THIS ARTICLE.
   2.  A.  PRIOR  TO  SUBMITTING  A  BID ON A CONTRACT FOR PUBLIC WORK OR
 COMMENCING WORK ON A COVERED PROJECT UNDER PRIVATE CONTRACT, A  CONTRAC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01736-15-2

 S. 5994--B                          2
 
 TOR  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.
   IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER, UNEMPLOYMENT INSURANCE
 REGISTRATION NUMBER, AND WORKERS' COMPENSATION BOARD EMPLOYEE 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,  INCLUDING  ANY  AND ALL DECLARATIONS AND INFORMATION
 PAGES RELATED TO SUCH POLICY WHICH SHALL  BE  ELECTRONICALLY  ACCESSIBLE
 AND SEARCHABLE TO THE PUBLIC, PROVIDED HOWEVER, THAT IN NO EVENT SHALL A
 WORKER'S  NAME  OR OTHER PERSONAL IDENTIFYING INFORMATION BE INCLUDED IN
 SUCH DATABASE.  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 COVERED 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-
 S. 5994--B                          3
 
 SIONER SHALL PROMULGATE REGULATIONS  TO  DETERMINE  UNDER  WHAT  CIRCUM-
 STANCES  A  CONTRACTOR  WOULD BE UNFIT TO BE REGISTERED PURSUANT TO THIS
 SECTION; PROVIDED THAT A CONTRACTOR SHALL NOT BE DETERMINED TO BE  UNFIT
 SOLELY  BECAUSE  A  CONTRACTOR  WAS  DEBARRED WITHIN THE LAST TEN YEARS,
 UNLESS SUCH CONTRACTOR IS CURRENTLY DEBARRED OR INELIGIBLE  PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  TWO HUNDRED TWENTY-B OF THIS ARTICLE OR
 SECTION ONE HUNDRED FORTY-ONE-B OF THE WORKERS' COMPENSATION LAW.    THE
 NOTICE  TO  A  CONTRACTOR INITIALLY DETERMINED BY THE COMMISSIONER 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 NO
 LESS THAN TEN DAYS 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 CONTRACTUAL OBLIGATIONS OF THIS ARTI-
 CLE AND RESPONSIBILITIES INCLUDING PREVAILING WAGE REQUIREMENTS PURSUANT
 TO THIS ARTICLE. SUCH DETERMINATION SHALL BE BASED ON  A  CLEARLY  DOCU-
 MENTED  HISTORY,  OFFICIAL  RECORD OF PAST DEALINGS, OR A PRESENT DEMON-
 STRABLE INABILITY TO LAWFULLY ADHERE TO SUCH OBLIGATIONS  AND  RESPONSI-
 BILITIES.
   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.   FOR COVERED PROJECTS
 PERFORMED UNDER PRIVATE CONTRACT, THE OWNER OR DEVELOPER OF SUCH PROJECT
 MUST ENSURE THAT ANY CONTRACTOR WHICH IT HIRES, OR SUBCONTRACTOR THAT IS
 HIRED, TO PERFORM WORK ON SUCH PROJECT IS REGISTERED  PURSUANT  TO  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.    FOR  COVERED  PROJECTS  PERFORMED  UNDER   PRIVATE
 CONTRACT,  AN  OWNER  OR  DEVELOPER  WHO KNOWINGLY COMMENCES WORK WITH A
 CONTRACTOR OR SUBCONTRACTOR THAT IS NOT REGISTERED PURSUANT TO  SUBDIVI-
 SION FIVE OF THIS SECTION SHALL, AFTER NOTICE AND HEARING, BE SUBJECT TO
 A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS. A CONTRACTOR WHO KNOWING-
 LY  COMMENCES WORK ON A COVERED PROJECT WITHOUT REGISTERING OR KNOWINGLY
 CONTRACTS WITH AN UNREGISTERED  SUBCONTRACTOR  FOR  WORK  ON  A  COVERED
 PROJECT SHALL, AFTER NOTICE AND HEARING BE SUBJECT TO A CIVIL PENALTY OF
 UP  TO  ONE  THOUSAND DOLLARS. ANY SUBCONTRACTOR WHO KNOWINGLY COMMENCES
 WORK ON ANY COVERED PROJECT WITHOUT REGISTERING SHALL, AFTER NOTICE  AND
 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.
 S. 5994--B                          4

   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 ESTABLISH AND MAINTAIN AN ONLINE SYSTEM TO
 MAKE AVAILABLE  ALL  REGISTRATIONS  AND  DISCLOSURES  REQUIRED  BY  THIS
 SECTION.
   8.   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 one through 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.

Co-Sponsors

view additional co-sponsors

S5994C (ACTIVE) - Details

See Assembly Version of this Bill:: A1338
Law Section:: Labor Law
Laws Affected:: Add §220-i, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9089
2017-2018: A3057
2019-2020: A1802

S5994C (ACTIVE) - Summary

S5994C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5994C

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing a registra-
tion system for contractors and subcontractors engaged in public work
and covered projects in order to better enforce existing labor laws and
regulations in the public works industry

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a registration system for contractors that wish to bid on
contracts for public work and commence work on certain covered projects
in New York. It would ensure the contractors do not have previous labor
law violations and will abide by New York labor laws and regulations,
including prevailing wage requirements.

 
SUMMARY OF PROVISIONS:

Sections 1-2 of the bill amend the labor law by adding a new section
220-i.

Section 1 establishes a registration system for contractors and subcon-
tractors that bid on certain covered projects in New York.

Provides definitions for relevant terms, including "contractor,"
"bureau," and "covered project."

Provides requirements for written registration prior to bidding on a
contract or commencing work on a covered project under private contract.

Requires contractor to submit documentation to the commissioner proving
workers' compensation insurance for all workers and submit a non-refund-
able registration fee.

Provides for registrations issued by the commissioner and notice and
documentation requirements in the event of an "unfit" contractor.

Establishes civil penalties for registration violations for owners and
developers, contractors, and subcontractors working on public work
and/or covered projects.

Establishes a publicly accessible online system to make available all
registrations and disclosures required by this section.

Section 2 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Makes technical changes and adds the term, "covered project."

Adds the workers' compensation board employer number to the contractor's
registration form provided by the commissioner.

Requires any documents, reports, or information concerning a potentially
unfit contractor be provided no more than 10 days before the hearing.


Requires owner or developer of covered projects under private contract
to ensure that any hired contractor or subcontractor is registered
pursuant to this section.

Establishes civil penalties for owners and developers, contractors, and
subcontractors working on covered projects for registration violations.

Adds subdivision 8 that requires the Department of Labor to prescribe
regulations within one hundred eighty days after the effective date.

States that subdivisions one though six of section 1 of section 220-i of
the labor law shall take effect one year after the effective date.

 
JUSTIFICATION:

Construction projects subject to "prevailing wage" in New York are
governed by Article 8 of the New York Labor Law. At times, contractors
for covered projects have been found to have violated the "prevailing
wage" rates and/or other provisions of the Labor Law.  Other states with
similar systems have adopted a registration system for covered project
contractors to prevent bad actors from receiving contracts in the first
place. This legislation would create a registration system in New York.

This legislation would create a system whereby any contractor wishing to
bid on a covered project must register with the Department of Labor and
pay a registration fee. It would provide the Department an opportunity
to vet the contractor to see if they had any previous violations of the
Labor Law and ensure only responsible contractors are allowed to bid on
New York covered projects.

 
LEGISLATIVE HISTORY:

2019-2020: A.1802;

2017-2018: A.3057-A;

2016: A.9089-A

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided however, subdivisions
one through 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.

S5994C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5994--C
     Cal. No. 1216
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2021
                                ___________
 
 Introduced by Sens. RYAN, GAUGHRAN, MANNION, MATTERA, PALUMBO, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on  Labor  -- recommitted to the Committee on Labor in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee  and  committed  to  the
   Committee  on  Finance  --  reported  favorably  from  said committee,
   ordered to first report, amended on first report, ordered to a  second
   report  and  ordered  reprinted,  retaining  its place in the order of
   second report -- reported favorably from said  committee,  amended  on
   second  report,  ordered  to  a  third reading, and to be reprinted as
   amended, retaining its place in the order of third reading
 
 AN ACT to amend the labor law, in relation to establishing  a  registra-
   tion  system for contractors and subcontractors engaged in public work
   and covered projects in order to better enforce  existing  labor  laws
   and regulations 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.
   C. "COVERED PROJECT" MEANS ANY PROJECT SUBJECT TO  THE  PROVISIONS  OF
 THIS  ARTICLE,  INCLUDING  BUT  NOT LIMITED TO, PUBLIC WORK PROJECTS AND
 THOSE SUBJECT TO THE PROVISIONS OF SECTIONS  TWO  HUNDRED  TWENTY-FOUR-A
 AND TWO HUNDRED TWENTY-FOUR-D OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01736-19-2
 S. 5994--C                          2
 
   2.  A.  PRIOR  TO  SUBMITTING  A  BID ON A CONTRACT FOR PUBLIC WORK OR
 COMMENCING WORK ON A COVERED PROJECT UNDER PRIVATE CONTRACT, A  CONTRAC-
 TOR  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.
   IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER, UNEMPLOYMENT INSURANCE
 REGISTRATION NUMBER, AND WORKERS' COMPENSATION BOARD EMPLOYEE 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,  INCLUDING  ANY  AND ALL DECLARATIONS AND INFORMATION
 PAGES RELATED TO SUCH POLICY WHICH SHALL  BE  ELECTRONICALLY  ACCESSIBLE
 AND SEARCHABLE TO THE PUBLIC, PROVIDED HOWEVER, THAT IN NO EVENT SHALL A
 WORKER'S  NAME  OR OTHER PERSONAL IDENTIFYING INFORMATION BE INCLUDED IN
 SUCH DATABASE.  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 COVERED 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-
 S. 5994--C                          3
 
 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; PROVIDED THAT A CONTRACTOR SHALL NOT BE DETERMINED TO BE  UNFIT
 SOLELY  BECAUSE  A  CONTRACTOR  WAS  DEBARRED WITHIN THE LAST TEN YEARS,
 UNLESS SUCH CONTRACTOR IS CURRENTLY DEBARRED OR INELIGIBLE  PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  TWO HUNDRED TWENTY-B OF THIS ARTICLE OR
 SECTION ONE HUNDRED FORTY-ONE-B OF THE WORKERS' COMPENSATION LAW.    THE
 NOTICE  TO  A  CONTRACTOR INITIALLY DETERMINED BY THE COMMISSIONER 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 NO
 LESS THAN TEN DAYS 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 CONTRACTUAL OBLIGATIONS OF THIS ARTI-
 CLE AND RESPONSIBILITIES INCLUDING PREVAILING WAGE REQUIREMENTS PURSUANT
 TO THIS ARTICLE. SUCH DETERMINATION SHALL BE BASED ON  A  CLEARLY  DOCU-
 MENTED  HISTORY,  OFFICIAL  RECORD OF PAST DEALINGS, OR A PRESENT DEMON-
 STRABLE INABILITY TO LAWFULLY ADHERE TO SUCH OBLIGATIONS  AND  RESPONSI-
 BILITIES.
   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.   FOR COVERED PROJECTS
 PERFORMED UNDER PRIVATE CONTRACT, THE OWNER OR DEVELOPER OF SUCH PROJECT
 MUST ENSURE THAT ANY CONTRACTOR WHICH IT HIRES, OR SUBCONTRACTOR THAT IS
 HIRED, TO PERFORM WORK ON SUCH PROJECT IS REGISTERED  PURSUANT  TO  THIS
 SECTION.
   6. A. A CONTRACTOR WHO BIDS ON A CONTRACT FOR PUBLIC WORK KNOWING THAT
 IT  IS  NOT  REGISTERED,  OR  SUBMITS A BID WITH A SUBCONTRACTOR THAT IT
 KNOWS OR SHOULD HAVE KNOWN IS 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.    FOR  COVERED  PROJECTS
 PERFORMED  UNDER  PRIVATE  CONTRACT, AN OWNER OR DEVELOPER WHO COMMENCES
 WORK WITH A CONTRACTOR OR SUBCONTRACTOR THAT IT  KNOWS  OR  SHOULD  HAVE
 KNOWN  IS  NOT  REGISTERED  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
 SHALL, AFTER NOTICE AND HEARING, BE SUBJECT TO A CIVIL PENALTY OF UP  TO
 ONE  THOUSAND  DOLLARS.  A  CONTRACTOR  WHO  COMMENCES WORK ON A COVERED
 PROJECT KNOWING THAT IT IS NOT REGISTERED OR CONTRACTS  WITH  A  SUBCON-
 TRACTOR THAT IT KNOWS OR SHOULD HAVE KNOWN IS NOT REGISTERED FOR WORK ON
 A  COVERED PROJECT SHALL, AFTER NOTICE AND HEARING BE SUBJECT TO A CIVIL
 PENALTY OF UP TO ONE THOUSAND DOLLARS. ANY SUBCONTRACTOR  WHO  COMMENCES
 WORK  ON  ANY  COVERED  PROJECT KNOWING THAT IT IS NOT REGISTERED SHALL,
 AFTER NOTICE AND 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.
 S. 5994--C                          4

   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 ESTABLISH AND MAINTAIN AN ONLINE SYSTEM TO
 MAKE AVAILABLE  ALL  REGISTRATIONS  AND  DISCLOSURES  REQUIRED  BY  THIS
 SECTION.
   8.   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 one through 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.

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The New York State Senate

senate Bill S5994C

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 10, 2022 - Finance committee Vote

Committee Vote: May 10, 2022

Bill Amendments

S5994 - Details

S5994 - Summary

S5994 - Sponsor Memo

S5994 - Bill Text download pdf

Co-Sponsors

S5994A - Details

S5994A - Summary

S5994A - Sponsor Memo

S5994A - Bill Text download pdf

Co-Sponsors

S5994B - Details

S5994B - Summary

S5994B - Sponsor Memo

S5994B - Bill Text download pdf

Co-Sponsors

S5994C (ACTIVE) - Details

S5994C (ACTIVE) - Summary

S5994C (ACTIVE) - Sponsor Memo

S5994C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5994C

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 10, 2022 - Finance committee Vote

Committee Vote: May 10, 2022

Bill Amendments

S5994 - Details

S5994 - Summary

S5994 - Sponsor Memo

S5994 - Bill Text download pdf

Co-Sponsors

S5994A - Details

S5994A - Summary

S5994A - Sponsor Memo

S5994A - Bill Text download pdf

Co-Sponsors

S5994B - Details

S5994B - Summary

S5994B - Sponsor Memo

S5994B - Bill Text download pdf

Co-Sponsors

S5994C (ACTIVE) - Details

S5994C (ACTIVE) - Summary

S5994C (ACTIVE) - Sponsor Memo

S5994C (ACTIVE) - Bill Text download pdf

Comments