S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1338--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  STECK, COOK, BRONSON, BARNWELL,
   BURDICK, SEPTIMO, WALLACE,  GRIFFIN,  JEAN-PIERRE,  DARLING,  SOLAGES,
   JACOBSON,  EPSTEIN,  COLTON,  KELLES,  J. D. RIVERA, LUPARDO, STERN --
   Multi-Sponsored by -- M.  of A. ENGLEBRIGHT, GALEF, SIMON, WOERNER  --
   read once and referred to the Committee on Labor -- recommitted to the
   Committee  on  Labor  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee  --  reported  and  referred  to  the  Committee on Codes --
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01736-18-2
              
             
                          
                 A. 1338--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-
 A. 1338--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.
 A. 1338--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.