A01802 Summary:

BILL NOA01802
 
SAME ASNo Same As
 
SPONSORMagnarelli (MS)
 
COSPNSRSteck, Cook, Jaffee, D'Urso, Ortiz, Bronson, Barnwell, Lifton
 
MLTSPNSREnglebright, Simon, Woerner
 
Add §220-i, Lab L
 
Establishes a registration system for contractors and subcontractors engaged in public work projects in order to better enforce existing labor laws and regulations in the public works industry.
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A01802 Actions:

BILL NOA01802
 
01/17/2019referred to labor
01/08/2020referred to labor
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A01802 Committee Votes:

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A01802 Floor Votes:

There are no votes for this bill in this legislative session.
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A01802 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1802
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2019
                                       ___________
 
        Introduced  by  M. of A. MAGNARELLI, STECK, COOK, JAFFEE, D'URSO, ORTIZ,
          BRONSON, BARNWELL, LIFTON -- Multi-Sponsored by --  M.  of  A.  ENGLE-
          BRIGHT,  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.
                                                                   LBD00119-01-9

        A. 1802                             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. 1802                             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.
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