Bill Text: NY S05994 | 2021-2022 | General Assembly | Amended
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: Slight Partisan Bill (Democrat 9-4)
Status: (Passed) 2022-12-30 - APPROVAL MEMO.105 [S05994 Detail]
Download: New_York-2021-S05994-Amended.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: Slight Partisan Bill (Democrat 9-4)
Status: (Passed) 2022-12-30 - APPROVAL MEMO.105 [S05994 Detail]
Download: New_York-2021-S05994-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5994--B Cal. No. 1216 2021-2022 Regular Sessions IN SENATE 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: 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 c. "Covered project" means any project subject to the provisions of 11 this article, including but not limited to, public work projects and 12 those subject to the provisions of sections two hundred twenty-four-a 13 and two hundred twenty-four-d of this article. 14 2. a. Prior to submitting a bid on a contract for public work or 15 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. LBD01736-15-2S. 5994--B 2 1 tor shall register in writing with the bureau on a form provided by the 2 commissioner. The form shall require the following information: 3 i. The name, principal business address and telephone number of the 4 contractor. 5 ii. Whether the contractor is a person, partnership, association, 6 joint stock company, trust, corporation, or other form of business enti- 7 ty. 8 iii. The name and address of each person with a financial interest in 9 the contractor and the percentage interest, except that if the contrac- 10 tor is a publicly-traded corporation, the contractor shall supply the 11 names and addresses of the corporation's officers. 12 iv. The contractor's tax identification number, unemployment insurance 13 registration number, and workers' compensation board employee number. 14 v. Whether the contractor has any outstanding wage assessments against 15 it, pursuant to this article. 16 vi. Whether the contractor has been debarred under New York or federal 17 law within the last ten years. 18 vii. Whether the contractor has been debarred pursuant to the laws of 19 any other state within the last ten years. 20 viii. Whether the contractor has been finally determined by the appro- 21 priate authority to have violated any labor laws or employment tax laws 22 including, but not limited to, the requirement to have workers' compen- 23 sation coverage, payment of workers' compensation premiums, deduction 24 and payment of income taxes, payment of unemployment insurance contrib- 25 utions or payment of prevailing wage. 26 ix. Whether the contractor has been finally determined by the appro- 27 priate authority to have violated any laws establishing workplace safety 28 standards including the federal Occupational Safety and Health Act. 29 x. Whether or not the contractor is associated, or a signatory to, an 30 apprenticeship program under article twenty-three of this chapter. If 31 so, the apprenticeship program shall be provided by the contractor. 32 xi. Whether or not the contractor is a minority or women-owned busi- 33 ness enterprise pursuant to the provisions of article fifteen-A of the 34 executive law. 35 b. At the time of registration, and upon request, the contractor shall 36 submit to the commissioner documentation demonstrating that the contrac- 37 tor has workers' compensation insurance coverage for all workers as 38 required by law, including any and all declarations and information 39 pages related to such policy which shall be electronically accessible 40 and searchable to the public, provided however, that in no event shall a 41 worker's name or other personal identifying information be included in 42 such database. This information shall be made readily available to the 43 public by the bureau within forty-eight hours of the initial public 44 request. 45 3. The contractor shall pay a non-refundable registration fee of two 46 hundred dollars to the commissioner which shall be paid to the general 47 fund. The commissioner, through regulations, shall reduce the registra- 48 tion fee associated with minority or women-owned business enterprises in 49 order to promote the use of such businesses on covered projects. 50 4. Unless, following notice and a hearing, the bureau determines a 51 contractor unfit to be registered, the commissioner shall issue a 52 certificate of registration to the contractor upon receipt of the fee, 53 form and documentation required by this section. A registration certif- 54 icate shall be valid for two calendar years from the date of registra- 55 tion. Registrations may be renewed not less than thirty days before the 56 expiration date of the immediately preceding registration. The commis-S. 5994--B 3 1 sioner shall promulgate regulations to determine under what circum- 2 stances a contractor would be unfit to be registered pursuant to this 3 section; provided that a contractor shall not be determined to be unfit 4 solely because a contractor was debarred within the last ten years, 5 unless such contractor is currently debarred or ineligible pursuant to 6 subdivision three of section two hundred twenty-b of this article or 7 section one hundred forty-one-b of the workers' compensation law. The 8 notice to a contractor initially determined by the commissioner to be 9 unfit based upon the registration application shall be in writing, shall 10 not be conclusory, and shall state the factual basis upon which the 11 determination is based. Any documents, reports, or information that form 12 a basis for such determination shall be provided to the contractor no 13 less than ten days before the hearing. For purposes of this subdivision, 14 the term "unfit" shall mean a contractor who the commissioner determines 15 to be unable to lawfully adhere to contractual obligations of this arti- 16 cle and responsibilities including prevailing wage requirements pursuant 17 to this article. Such determination shall be based on a clearly docu- 18 mented history, official record of past dealings, or a present demon- 19 strable inability to lawfully adhere to such obligations and responsi- 20 bilities. 21 5. No contractor shall bid on a contract for public work unless they 22 and all subcontractors listed in the bid, in addition to any subcontrac- 23 tors associated with wage and/or fringe benefit payments to employees on 24 the public work project, are registered pursuant to this section. 25 Further, each contractor must submit their certificate of registration 26 as well as all certificates of registration for any and all subcontrac- 27 tors for such contract at the time the bid is made. Applications for 28 registration shall not be accepted as a substitute for a certificate of 29 registration for the purposes of this section. For covered projects 30 performed under private contract, the owner or developer of such project 31 must ensure that any contractor which it hires, or subcontractor that is 32 hired, to perform work on such project is registered pursuant to this 33 section. 34 6. a. A contractor who knowingly bids on a contract for public work 35 without registering, or knowingly submits a bid with subcontractors that 36 are not registered pursuant to subdivision five of this section shall, 37 after notice and a hearing, be subject to a civil penalty of up to one 38 thousand dollars. For covered projects performed under private 39 contract, an owner or developer who knowingly commences work with a 40 contractor or subcontractor that is not registered pursuant to subdivi- 41 sion five of this section shall, after notice and hearing, be subject to 42 a civil penalty of up to one thousand dollars. A contractor who knowing- 43 ly commences work on a covered project without registering or knowingly 44 contracts with an unregistered subcontractor for work on a covered 45 project shall, after notice and hearing be subject to a civil penalty of 46 up to one thousand dollars. Any subcontractor who knowingly commences 47 work on any covered project without registering shall, after notice and 48 hearing, be subject to a civil penalty of up to one thousand dollars. 49 b. The commissioner may revoke or suspend a registration if a contrac- 50 tor or subcontractor has been finally determined to be in violation of 51 the prevailing wage requirements of this article. 52 c. Nothing in this section shall be construed to limit or supersede 53 the authority of any state or municipal entity to enforce existing labor 54 laws, safety standards, regulations, codes or any other existing laws 55 relative to public work.S. 5994--B 4 1 d. A registration pursuant to this section is not necessary for a bid 2 or work on a contract for public work and penalties pursuant to this 3 section shall not apply when a state of emergency is declared pursuant 4 to section twenty-four of the executive law, when the governor declares 5 a disaster emergency pursuant to section twenty-eight of the executive 6 law, or when the President issues a major disaster or emergency declara- 7 tion and such work arises from or is in connection with the actual or 8 impending declared emergency or disaster or pursuant to an emergency 9 construction contract, or other contract entered into due to an urgent 10 and unexpected event where public safety or the conservation of public 11 resources is at risk, as authorized by law, including but not limited to 12 the public buildings law, the state finance law, the general municipal 13 law, or the public authorities law. 14 7. The department shall establish and maintain an online system to 15 make available all registrations and disclosures required by this 16 section. 17 8. The department shall prescribe regulations necessary to carry out 18 the provisions of this section within one hundred eighty days after its 19 effective date. 20 § 2. This act shall take effect immediately, provided however, subdi- 21 visions one through six of section 220-i of the labor law as added by 22 section one of this act shall take effect one year after such date.
