Bill Text: NY A04737 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the regional labor protection act of 2015 requiring the use of qualified local labor by contractors awarded projects in the construction of public works providing for the expenditure of state public money when the unemployment rate for construction workers is six percent or higher for three consecutive months.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A04737 Detail]

Download: New_York-2015-A04737-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4737
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced  by  M. of A. MOYA -- read once and referred to the Committee
         on Labor
       AN ACT to amend the labor law, in relation to requiring the use of qual-
         ified local labor
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "Regional Labor Protection Act of 2015".
    3    S 2. Legislative findings. The legislature hereby finds  and  declares
    4  that  in  order  to  increase  employment of state residents, especially
    5  construction workers, it shall invest in public works projects.
    6    The legislature further declares that channeling funds to such  public
    7  works  projects  for  the  employment  of qualified local residents will
    8  reduce unemployment while improving the welfare  of  its  residents  and
    9  facilitating the completing of public works projects more quickly, effi-
   10  ciently and economically.
   11    Therefore, the legislature declares that in certain limited situations
   12  there shall be a preference for qualified local labor.
   13    S 3. The labor law is amended by adding a new section 220-i to read as
   14  follows:
   15    S  220-I.  USE  OF  QUALIFIED  LOCAL  LABOR.    1. NOTWITHSTANDING THE
   16  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, IN  THE
   17  CONSTRUCTION  OF  PUBLIC  WORKS  PROVIDING  FOR THE EXPENDITURE OF STATE
   18  PUBLIC MONEY, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION  OR  OFFICER  OF
   19  THE  STATE  OF  NEW  YORK,  OR  OF  ANY POLITICAL SUBDIVISION THEREOF AS
   20  DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL  LAW,  MUNICIPAL
   21  CORPORATION  AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
   22  LAW, PUBLIC BENEFIT CORPORATION, OR LOCAL OR STATE AUTHORITY AS  DEFINED
   23  IN  SECTION  TWO  OF THE PUBLIC AUTHORITIES LAW HAVING JURISDICTION OVER
   24  THE PUBLIC WORK SHALL REQUIRE A CONTRACTOR AWARDED A  CONTRACT,  SUBCON-
   25  TRACT,  LEASE, GRANT, BOND, COVENANT OR OTHER AGREEMENT FOR A PROJECT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06717-01-5
       A. 4737                             2
    1  EMPLOY QUALIFIED LOCAL RESIDENTS WHO  ARE  UNEMPLOYED  AT  THE  TIME  AS
    2  LABORERS,  WORKMEN OR MECHANICS ON SAID PUBLIC WORK PROJECT WHENEVER THE
    3  UNEMPLOYMENT RATE FOR CONSTRUCTION WORKERS IN A  REGIONAL  AREA  IN  NEW
    4  YORK  STATE  AS DETERMINED AND PUBLISHED BY THE DEPARTMENT TO BE SIX PER
    5  CENTUM OR MORE FOR  A  PERIOD  OF  THREE  CONSECUTIVE  MONTHS  AND  SAID
    6  REQUIREMENT  SHALL CONTINUE UNTIL SUCH TIME AS THE UNEMPLOYMENT RATE FOR
    7  SUCH CONSTRUCTION WORKERS IN THE REGIONAL AREA SHALL BE  BELOW  SIX  PER
    8  CENTUM FOR THREE CONSECUTIVE MONTHS.
    9    2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
   10  TO  THE  CONTRARY, IN THE CONSTRUCTION OF PUBLIC WORKS PROVIDING FOR THE
   11  EXPENDITURE OF  STATE  PUBLIC  MONEY,  ANY  AGENCY,  BOARD,  DEPARTMENT,
   12  COMMISSION  OR  OFFICER  OF  THE  STATE OF NEW YORK, OR OF ANY POLITICAL
   13  SUBDIVISION THEREOF AS DEFINED IN SECTION ONE  HUNDRED  OF  THE  GENERAL
   14  MUNICIPAL  LAW, MUNICIPAL CORPORATION AS DEFINED IN SECTION SIXTY-SIX OF
   15  THE GENERAL CONSTRUCTION LAW, PUBLIC BENEFIT CORPORATION,  OR  LOCAL  OR
   16  STATE  AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW
   17  HAVING JURISDICTION OVER THE PUBLIC  WORK  SHALL  REQUIRE  A  CONTRACTOR
   18  AWARDED  A  CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR OTHER
   19  AGREEMENT FOR A PROJECT TO EMPLOY LOCAL RESIDENTS AS  LABORERS,  WORKMEN
   20  OR  MECHANICS  ON  SAID  PUBLIC  WORK  PROJECT  DURING  AND FOR THE WORK
   21  INVOLVED WITH SUCH PROJECT WHEN SUCH REQUIREMENT IS PART OF THE  AGENCY,
   22  BOARD, DEPARTMENT, COMMISSION OR OFFICER OF THE STATE OF NEW YORK, POLI-
   23  TICAL  SUBDIVISION, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR
   24  LOCAL OR STATE  AUTHORITY  HAVING  JURISDICTION  OVER  THE  PUBLIC  WORK
   25  REQUEST  FOR  PROPOSALS  FOR  THE  PROJECT  AND  WHEN THE AGENCY, BOARD,
   26  DEPARTMENT, COMMISSION OR OFFICER OF THE STATE OF  NEW  YORK,  POLITICAL
   27  SUBDIVISION,  MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR LOCAL
   28  OR STATE AUTHORITY HAVING JURISDICTION OVER THE PUBLIC  WORK  DETERMINES
   29  THAT  THE PUBLIC WORK PROJECT WILL BE COMPLETED MORE QUICKLY, MORE EFFI-
   30  CIENTLY AND MORE ECONOMICALLY, THAT ITS INTEREST IN OBTAINING  THE  BEST
   31  WORK  AT  THE LOWEST POSSIBLE PRICE AND OTHER CONSIDERATIONS SUCH AS THE
   32  IMPACT OF DELAY AND THE POSSIBILITY OF COST SAVINGS ADVANTAGES, ARE BEST
   33  MET BY REQUIRING QUALIFIED LOCAL RESIDENTS.
   34    3. FOR PURPOSES OF THIS SECTION "QUALIFIED LOCAL RESIDENTS" SHALL MEAN
   35  CITIZENS OF THE STATE OF NEW YORK WHO HAVE BEEN RESIDING IN THE REGIONAL
   36  AREA OF THE STATE WHERE THE PUBLIC WORKS PROJECT IS LOCATED FOR AT LEAST
   37  TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRIOR TO THE COMMENCEMENT OF THEIR
   38  EMPLOYMENT ON THE PUBLIC WORKS PROJECT. EACH  QUALIFIED  LOCAL  RESIDENT
   39  SHALL  FURNISH  SATISFACTORY  PROOF  OF  RESIDENCE AND QUALIFICATIONS IN
   40  THEIR TRADE OR SKILL, IN ACCORDANCE WITH RULES AND PROCEDURES ADOPTED BY
   41  THE COMMISSIONER.
   42    4. A VIOLATION OF THIS SECTION  SHALL  CONSTITUTE  A  MISDEMEANOR  AND
   43  SHALL  BE  PUNISHABLE  BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE
   44  THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT LESS  THAN  THIRTY
   45  NOR  MORE THAN NINETY DAYS, OR BY BOTH FINE AND IMPRISONMENT. EACH SEPA-
   46  RATE CASE OF FAILURE TO EMPLOY QUALIFIED LOCAL RESIDENTS ON PUBLIC WORKS
   47  PROJECTS CONSTITUTES A SEPARATE OFFENSE.
   48    S 4. This act shall take effect on the thirtieth day  after  it  shall
   49  have become a law and shall control all contracts advertised or solicit-
   50  ed for bid on or after such effective date.