The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1338
 
                        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 --
   Multi-Sponsored by -- M. of A. ENGLEBRIGHT,  SIMON,  WOERNER  --  read
   once and referred to the Committee on Labor
 
 AN  ACT  to amend the labor law, in relation to establishing a registra-
   tion system for contractors and subcontractors engaged in public  work
   projects  in  order  to  better  enforce existing labor laws and regu-
   lations in the public works industry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 220-i to
 read as follows:
   § 220-I. REGISTRATION SYSTEM FOR CONTRACTORS AND SUBCONTRACTORS.    1.
 AS USED IN THIS SECTION:
   A.  "CONTRACTOR" MEANS ANY CONTRACTOR OR SUBCONTRACTOR ENTERING INTO A
 CONTRACT TO  PERFORM  CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION,  EXCA-
 VATION, REHABILITATION, REPAIR, INSTALLATION, RENOVATION, ALTERATION, OR
 CUSTOM FABRICATION, WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   B. "BUREAU" MEANS THE DEPARTMENT'S BUREAU OF PUBLIC WORKS.
   2.  A.  PRIOR  TO  SUBMITTING A BID ON A CONTRACT FOR A PUBLIC WORK, A
 CONTRACTOR SHALL REGISTER IN WRITING WITH THE BUREAU ON A FORM  PROVIDED
 BY THE COMMISSIONER. THE FORM SHALL REQUIRE THE FOLLOWING INFORMATION:
   I.  THE  NAME,  PRINCIPAL BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
 CONTRACTOR.
   II. WHETHER THE CONTRACTOR  IS  A  PERSON,  PARTNERSHIP,  ASSOCIATION,
 JOINT STOCK COMPANY, TRUST, CORPORATION, OR OTHER FORM OF BUSINESS ENTI-
 TY.
   III.  THE NAME AND ADDRESS OF EACH PERSON WITH A FINANCIAL INTEREST IN
 THE CONTRACTOR AND THE PERCENTAGE INTEREST, EXCEPT THAT IF THE  CONTRAC-
 TOR  IS  A  PUBLICLY-TRADED CORPORATION, THE CONTRACTOR SHALL SUPPLY THE
 NAMES AND ADDRESSES OF THE CORPORATION'S OFFICERS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01736-01-1

 A. 1338                             2
 
   IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER AND UNEMPLOYMENT INSUR-
 ANCE REGISTRATION NUMBER.
   V. WHETHER THE CONTRACTOR HAS ANY OUTSTANDING WAGE ASSESSMENTS AGAINST
 IT, PURSUANT TO THIS ARTICLE.
   VI. WHETHER THE CONTRACTOR HAS BEEN DEBARRED UNDER NEW YORK OR FEDERAL
 LAW WITHIN THE LAST TEN YEARS.
   VII.  WHETHER THE CONTRACTOR HAS BEEN DEBARRED PURSUANT TO THE LAWS OF
 ANY OTHER STATE WITHIN THE LAST TEN YEARS.
   VIII. WHETHER THE CONTRACTOR HAS BEEN FINALLY DETERMINED BY THE APPRO-
 PRIATE AUTHORITY TO HAVE VIOLATED ANY LABOR LAWS OR EMPLOYMENT TAX  LAWS
 INCLUDING,  BUT NOT LIMITED TO, THE REQUIREMENT TO HAVE WORKERS' COMPEN-
 SATION COVERAGE, PAYMENT OF WORKERS'  COMPENSATION  PREMIUMS,  DEDUCTION
 AND  PAYMENT OF INCOME TAXES, PAYMENT OF UNEMPLOYMENT INSURANCE CONTRIB-
 UTIONS OR PAYMENT OF PREVAILING WAGE.
   IX. WHETHER THE CONTRACTOR HAS BEEN FINALLY DETERMINED BY  THE  APPRO-
 PRIATE AUTHORITY TO HAVE VIOLATED ANY LAWS ESTABLISHING WORKPLACE SAFETY
 STANDARDS INCLUDING THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT.
   X.  WHETHER OR NOT THE CONTRACTOR IS ASSOCIATED, OR A SIGNATORY TO, AN
 APPRENTICESHIP PROGRAM UNDER ARTICLE TWENTY-THREE OF  THIS  CHAPTER.  IF
 SO, THE APPRENTICESHIP PROGRAM SHALL BE PROVIDED BY THE CONTRACTOR.
   XI.  WHETHER  OR NOT THE CONTRACTOR IS A MINORITY OR WOMEN-OWNED BUSI-
 NESS ENTERPRISE PURSUANT TO THE PROVISIONS OF ARTICLE FIFTEEN-A  OF  THE
 EXECUTIVE LAW.
   B. AT THE TIME OF REGISTRATION, AND UPON REQUEST, THE CONTRACTOR SHALL
 SUBMIT TO THE COMMISSIONER DOCUMENTATION DEMONSTRATING THAT THE CONTRAC-
 TOR  HAS  WORKERS'  COMPENSATION  INSURANCE  COVERAGE FOR ALL WORKERS AS
 REQUIRED BY LAW. THIS INFORMATION SHALL BE MADE READILY AVAILABLE TO THE
 PUBLIC BY THE BUREAU WITHIN FORTY-EIGHT  HOURS  OF  THE  INITIAL  PUBLIC
 REQUEST.
   3.  THE  CONTRACTOR SHALL PAY A NON-REFUNDABLE REGISTRATION FEE OF TWO
 HUNDRED DOLLARS TO THE COMMISSIONER WHICH SHALL BE PAID TO  THE  GENERAL
 FUND.  THE COMMISSIONER, THROUGH REGULATIONS, SHALL REDUCE THE REGISTRA-
 TION FEE ASSOCIATED WITH MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES IN
 ORDER TO PROMOTE THE USE OF SUCH BUSINESSES ON PUBLIC WORK PROJECTS.
   4. UNLESS, FOLLOWING NOTICE AND A HEARING,  THE  BUREAU  DETERMINES  A
 CONTRACTOR  UNFIT  TO  BE  REGISTERED,  THE  COMMISSIONER  SHALL ISSUE A
 CERTIFICATE OF REGISTRATION TO THE CONTRACTOR UPON RECEIPT OF  THE  FEE,
 FORM  AND DOCUMENTATION REQUIRED BY THIS SECTION. A REGISTRATION CERTIF-
 ICATE SHALL BE VALID FOR TWO CALENDAR YEARS FROM THE DATE  OF  REGISTRA-
 TION.  REGISTRATIONS MAY BE RENEWED NOT LESS THAN THIRTY DAYS BEFORE THE
 EXPIRATION DATE OF THE IMMEDIATELY PRECEDING REGISTRATION.  THE  COMMIS-
 SIONER  SHALL  PROMULGATE  REGULATIONS  TO  DETERMINE UNDER WHAT CIRCUM-
 STANCES A CONTRACTOR WOULD BE UNFIT TO BE REGISTERED  PURSUANT  TO  THIS
 SECTION.  THE NOTICE TO A CONTRACTOR INITIALLY DETERMINED BY THE COMMIS-
 SIONER TO BE UNFIT BASED UPON THE REGISTRATION APPLICATION SHALL  BE  IN
 WRITING, SHALL NOT BE CONCLUSORY, AND SHALL STATE THE FACTUAL BASIS UPON
 WHICH THE DETERMINATION IS BASED. ANY DOCUMENTS, REPORTS, OR INFORMATION
 THAT  FORM  A  BASIS  FOR  SUCH  DETERMINATION  SHALL BE PROVIDED TO THE
 CONTRACTOR WITHIN A REASONABLE TIME BEFORE THE HEARING. FOR PURPOSES  OF
 THIS  SUBDIVISION,  THE  TERM  "UNFIT"  SHALL  MEAN A CONTRACTOR WHO THE
 COMMISSIONER DETERMINES TO BE UNABLE TO LAWFULLY ADHERE TO  PUBLIC  WORK
 CONTRACTUAL  OBLIGATIONS  AND RESPONSIBILITIES INCLUDING PREVAILING WAGE
 REQUIREMENTS PURSUANT TO THIS ARTICLE. SUCH DETERMINATION SHALL BE BASED
 ON A CLEARLY DOCUMENTED HISTORY, OFFICIAL RECORD OF PAST DEALINGS, OR  A
 PRESENT  DEMONSTRABLE  INABILITY  TO LAWFULLY ADHERE TO SUCH OBLIGATIONS
 AND RESPONSIBILITIES.

 A. 1338                             3
 
   5. NO CONTRACTOR SHALL BID ON A CONTRACT FOR PUBLIC WORK  UNLESS  THEY
 AND ALL SUBCONTRACTORS LISTED IN THE BID, IN ADDITION TO ANY SUBCONTRAC-
 TORS ASSOCIATED WITH WAGE AND/OR FRINGE BENEFIT PAYMENTS TO EMPLOYEES ON
 THE  PUBLIC  WORK  PROJECT,  ARE  REGISTERED  PURSUANT  TO THIS SECTION.
 FURTHER,  EACH  CONTRACTOR MUST SUBMIT THEIR CERTIFICATE OF REGISTRATION
 AS WELL AS ALL CERTIFICATES OF REGISTRATION FOR ANY AND ALL  SUBCONTRAC-
 TORS  FOR  SUCH  CONTRACT AT THE TIME THE BID IS MADE.  APPLICATIONS FOR
 REGISTRATION SHALL NOT BE ACCEPTED AS A SUBSTITUTE FOR A CERTIFICATE  OF
 REGISTRATION FOR THE PURPOSES OF THIS SECTION.
   6.  A.  A  CONTRACTOR WHO KNOWINGLY BIDS ON A CONTRACT FOR PUBLIC WORK
 WITHOUT REGISTERING, OR KNOWINGLY SUBMITS A BID WITH SUBCONTRACTORS THAT
 ARE NOT REGISTERED PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION  SHALL,
 AFTER  NOTICE  AND A HEARING, BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE
 THOUSAND DOLLARS.
   B. THE COMMISSIONER MAY REVOKE OR SUSPEND A REGISTRATION IF A CONTRAC-
 TOR OR SUBCONTRACTOR HAS BEEN FINALLY DETERMINED TO BE IN  VIOLATION  OF
 THE PREVAILING WAGE REQUIREMENTS OF THIS ARTICLE.
   C.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO LIMIT OR SUPERSEDE
 THE AUTHORITY OF ANY STATE OR MUNICIPAL ENTITY TO ENFORCE EXISTING LABOR
 LAWS, SAFETY STANDARDS, REGULATIONS, CODES OR ANY  OTHER  EXISTING  LAWS
 RELATIVE TO PUBLIC WORK.
   D.  A REGISTRATION PURSUANT TO THIS SECTION IS NOT NECESSARY FOR A BID
 OR WORK ON A CONTRACT FOR PUBLIC WORK AND  PENALTIES  PURSUANT  TO  THIS
 SECTION  SHALL  NOT APPLY WHEN A STATE OF EMERGENCY IS DECLARED PURSUANT
 TO SECTION TWENTY-FOUR OF THE EXECUTIVE LAW, WHEN THE GOVERNOR  DECLARES
 A  DISASTER  EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE
 LAW, OR WHEN THE PRESIDENT ISSUES A MAJOR DISASTER OR EMERGENCY DECLARA-
 TION AND SUCH WORK ARISES FROM OR IS IN CONNECTION WITH  THE  ACTUAL  OR
 IMPENDING  DECLARED  EMERGENCY  OR  DISASTER OR PURSUANT TO AN EMERGENCY
 CONSTRUCTION CONTRACT, OR OTHER CONTRACT ENTERED INTO DUE TO  AN  URGENT
 AND  UNEXPECTED  EVENT WHERE PUBLIC SAFETY OR THE CONSERVATION OF PUBLIC
 RESOURCES IS AT RISK, AS AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED TO
 THE PUBLIC BUILDINGS LAW, THE STATE FINANCE LAW, THE  GENERAL  MUNICIPAL
 LAW, OR THE PUBLIC AUTHORITIES LAW.
   7.  THE  DEPARTMENT SHALL PRESCRIBE REGULATIONS NECESSARY TO CARRY OUT
 THE PROVISIONS OF THIS SECTION WITHIN ONE HUNDRED EIGHTY DAYS AFTER  ITS
 EFFECTIVE DATE.
   §  2. This act shall take effect immediately, provided however, subdi-
 visions five and six of section 220-i of  the  labor  law  as  added  by
 section  one  of this act shall take effect one year after such date and
 shall apply to bids for public work projects on or after such date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1338--A
 
                        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 -- 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
 
 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.
                                                            LBD01736-10-2

 A. 1338--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
 A. 1338--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
 A. 1338--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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1338--B
 
                        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  --
   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
 
 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.
                                                            LBD01736-14-2
 A. 1338--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-
 A. 1338--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.
 A. 1338--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.