Bill Text: NY A01338 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Introduced - Dead) 2022-06-03 - substituted by s5994c [A01338 Detail]
Download: New_York-2021-A01338-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Introduced - Dead) 2022-06-03 - substituted by s5994c [A01338 Detail]
Download: New_York-2021-A01338-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1338 2021-2022 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The labor law is amended by adding a new section 220-i to 2 read as follows: 3 § 220-i. Registration system for contractors and subcontractors. 1. 4 As used in this section: 5 a. "Contractor" means any contractor or subcontractor entering into a 6 contract to perform construction, demolition, reconstruction, exca- 7 vation, rehabilitation, repair, installation, renovation, alteration, or 8 custom fabrication, which is subject to the provisions of this article. 9 b. "Bureau" means the department's bureau of public works. 10 2. a. Prior to submitting a bid on a contract for a public work, a 11 contractor shall register in writing with the bureau on a form provided 12 by the commissioner. The form shall require the following information: 13 i. The name, principal business address and telephone number of the 14 contractor. 15 ii. Whether the contractor is a person, partnership, association, 16 joint stock company, trust, corporation, or other form of business enti- 17 ty. 18 iii. The name and address of each person with a financial interest in 19 the contractor and the percentage interest, except that if the contrac- 20 tor is a publicly-traded corporation, the contractor shall supply the 21 names and addresses of the corporation's officers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01736-01-1A. 1338 2 1 iv. The contractor's tax identification number and unemployment insur- 2 ance registration number. 3 v. Whether the contractor has any outstanding wage assessments against 4 it, pursuant to this article. 5 vi. Whether the contractor has been debarred under New York or federal 6 law within the last ten years. 7 vii. Whether the contractor has been debarred pursuant to the laws of 8 any other state within the last ten years. 9 viii. Whether the contractor has been finally determined by the appro- 10 priate authority to have violated any labor laws or employment tax laws 11 including, but not limited to, the requirement to have workers' compen- 12 sation coverage, payment of workers' compensation premiums, deduction 13 and payment of income taxes, payment of unemployment insurance contrib- 14 utions or payment of prevailing wage. 15 ix. Whether the contractor has been finally determined by the appro- 16 priate authority to have violated any laws establishing workplace safety 17 standards including the federal Occupational Safety and Health Act. 18 x. Whether or not the contractor is associated, or a signatory to, an 19 apprenticeship program under article twenty-three of this chapter. If 20 so, the apprenticeship program shall be provided by the contractor. 21 xi. Whether or not the contractor is a minority or women-owned busi- 22 ness enterprise pursuant to the provisions of article fifteen-A of the 23 executive law. 24 b. At the time of registration, and upon request, the contractor shall 25 submit to the commissioner documentation demonstrating that the contrac- 26 tor has workers' compensation insurance coverage for all workers as 27 required by law. This information shall be made readily available to the 28 public by the bureau within forty-eight hours of the initial public 29 request. 30 3. The contractor shall pay a non-refundable registration fee of two 31 hundred dollars to the commissioner which shall be paid to the general 32 fund. The commissioner, through regulations, shall reduce the registra- 33 tion fee associated with minority or women-owned business enterprises in 34 order to promote the use of such businesses on public work projects. 35 4. Unless, following notice and a hearing, the bureau determines a 36 contractor unfit to be registered, the commissioner shall issue a 37 certificate of registration to the contractor upon receipt of the fee, 38 form and documentation required by this section. A registration certif- 39 icate shall be valid for two calendar years from the date of registra- 40 tion. Registrations may be renewed not less than thirty days before the 41 expiration date of the immediately preceding registration. The commis- 42 sioner shall promulgate regulations to determine under what circum- 43 stances a contractor would be unfit to be registered pursuant to this 44 section. The notice to a contractor initially determined by the commis- 45 sioner to be unfit based upon the registration application shall be in 46 writing, shall not be conclusory, and shall state the factual basis upon 47 which the determination is based. Any documents, reports, or information 48 that form a basis for such determination shall be provided to the 49 contractor within a reasonable time before the hearing. For purposes of 50 this subdivision, the term "unfit" shall mean a contractor who the 51 commissioner determines to be unable to lawfully adhere to public work 52 contractual obligations and responsibilities including prevailing wage 53 requirements pursuant to this article. Such determination shall be based 54 on a clearly documented history, official record of past dealings, or a 55 present demonstrable inability to lawfully adhere to such obligations 56 and responsibilities.A. 1338 3 1 5. No contractor shall bid on a contract for public work unless they 2 and all subcontractors listed in the bid, in addition to any subcontrac- 3 tors associated with wage and/or fringe benefit payments to employees on 4 the public work project, are registered pursuant to this section. 5 Further, each contractor must submit their certificate of registration 6 as well as all certificates of registration for any and all subcontrac- 7 tors for such contract at the time the bid is made. Applications for 8 registration shall not be accepted as a substitute for a certificate of 9 registration for the purposes of this section. 10 6. a. A contractor who knowingly bids on a contract for public work 11 without registering, or knowingly submits a bid with subcontractors that 12 are not registered pursuant to subdivision five of this section shall, 13 after notice and a hearing, be subject to a civil penalty of up to one 14 thousand dollars. 15 b. The commissioner may revoke or suspend a registration if a contrac- 16 tor or subcontractor has been finally determined to be in violation of 17 the prevailing wage requirements of this article. 18 c. Nothing in this section shall be construed to limit or supersede 19 the authority of any state or municipal entity to enforce existing labor 20 laws, safety standards, regulations, codes or any other existing laws 21 relative to public work. 22 d. A registration pursuant to this section is not necessary for a bid 23 or work on a contract for public work and penalties pursuant to this 24 section shall not apply when a state of emergency is declared pursuant 25 to section twenty-four of the executive law, when the governor declares 26 a disaster emergency pursuant to section twenty-eight of the executive 27 law, or when the President issues a major disaster or emergency declara- 28 tion and such work arises from or is in connection with the actual or 29 impending declared emergency or disaster or pursuant to an emergency 30 construction contract, or other contract entered into due to an urgent 31 and unexpected event where public safety or the conservation of public 32 resources is at risk, as authorized by law, including but not limited to 33 the public buildings law, the state finance law, the general municipal 34 law, or the public authorities law. 35 7. The department shall prescribe regulations necessary to carry out 36 the provisions of this section within one hundred eighty days after its 37 effective date. 38 § 2. This act shall take effect immediately, provided however, subdi- 39 visions five and six of section 220-i of the labor law as added by 40 section one of this act shall take effect one year after such date and 41 shall apply to bids for public work projects on or after such date.