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S05994 Summary:

BILL NOS05994C
 
SAME ASSAME AS A01338-C
 
SPONSORRYAN
 
COSPNSRBROOKS, BROUK, GAUGHRAN, KAPLAN, KAVANAGH, MANNION, MARTUCCI, MATTERA, MAY, PALUMBO, SEPULVEDA, WEIK
 
MLTSPNSR
 
Add §220-i, Lab L
 
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.
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S05994 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5994--C
            Cal. No. 1216
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     March 25, 2021
                                       ___________
 
        Introduced by Sens. RYAN, GAUGHRAN, MANNION, 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
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- 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 -- reported favorably from said  committee,  amended  on
          second  report,  ordered  to  a  third reading, and to be reprinted as
          amended, retaining its place in the order of third reading
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01736-19-2

        S. 5994--C                          2
 
     1    2.  a.  Prior  to  submitting  a  bid on a contract for public work or
     2  commencing work on a covered project under private contract, a  contrac-
     3  tor  shall register in writing with the bureau on a form provided by the
     4  commissioner. The form shall require the following information:
     5    i.  The  name,  principal business address and telephone number of the
     6  contractor.
     7    ii. Whether the contractor  is  a  person,  partnership,  association,
     8  joint stock company, trust, corporation, or other form of business enti-
     9  ty.
    10    iii.  The name and address of each person with a financial interest in
    11  the contractor and the percentage interest, except that if the  contrac-
    12  tor  is  a  publicly-traded corporation, the contractor shall supply the
    13  names and addresses of the corporation's officers.
    14    iv. The contractor's tax identification number, unemployment insurance
    15  registration number, and workers' compensation board employee number.
    16    v. Whether the contractor has any outstanding wage assessments against
    17  it, pursuant to this article.
    18    vi. Whether the contractor has been debarred under New York or federal
    19  law within the last ten years.
    20    vii. Whether the contractor has been debarred pursuant to the laws  of
    21  any other state within the last ten years.
    22    viii. Whether the contractor has been finally determined by the appro-
    23  priate  authority to have violated any labor laws or employment tax laws
    24  including, but not limited to, the requirement to have workers'  compen-
    25  sation  coverage,  payment  of workers' compensation premiums, deduction
    26  and payment of income taxes, payment of unemployment insurance  contrib-
    27  utions or payment of prevailing wage.
    28    ix.  Whether  the contractor has been finally determined by the appro-
    29  priate authority to have violated any laws establishing workplace safety
    30  standards including the federal Occupational Safety and Health Act.
    31    x. Whether or not the contractor is associated, or a signatory to,  an
    32  apprenticeship  program  under  article twenty-three of this chapter. If
    33  so, the apprenticeship program shall be provided by the contractor.
    34    xi. Whether or not the contractor is a minority or  women-owned  busi-
    35  ness  enterprise  pursuant to the provisions of article fifteen-A of the
    36  executive law.
    37    b. At the time of registration, and upon request, the contractor shall
    38  submit to the commissioner documentation demonstrating that the contrac-
    39  tor has workers' compensation insurance  coverage  for  all  workers  as
    40  required  by  law,  including  any  and all declarations and information
    41  pages related to such policy which shall  be  electronically  accessible
    42  and searchable to the public, provided however, that in no event shall a
    43  worker's  name  or other personal identifying information be included in
    44  such database.  This information shall be made readily available to  the
    45  public  by  the  bureau  within  forty-eight hours of the initial public
    46  request.
    47    3. The contractor shall pay a non-refundable registration fee  of  two
    48  hundred  dollars  to the commissioner which shall be paid to the general
    49  fund. The commissioner, through regulations, shall reduce the  registra-
    50  tion fee associated with minority or women-owned business enterprises in
    51  order to promote the use of such businesses on covered projects.
    52    4.  Unless,  following  notice  and a hearing, the bureau determines a
    53  contractor unfit to  be  registered,  the  commissioner  shall  issue  a
    54  certificate  of  registration to the contractor upon receipt of the fee,
    55  form and documentation required by this section. A registration  certif-
    56  icate  shall  be valid for two calendar years from the date of registra-

        S. 5994--C                          3
 
     1  tion. Registrations may be renewed not less than thirty days before  the
     2  expiration  date  of the immediately preceding registration. The commis-
     3  sioner shall promulgate regulations  to  determine  under  what  circum-
     4  stances  a  contractor  would be unfit to be registered pursuant to this
     5  section; provided that a contractor shall not be determined to be  unfit
     6  solely  because  a  contractor  was  debarred within the last ten years,
     7  unless such contractor is currently debarred or ineligible  pursuant  to
     8  subdivision  three  of  section  two hundred twenty-b of this article or
     9  section one hundred forty-one-b of the workers' compensation law.    The
    10  notice  to  a  contractor initially determined by the commissioner to be
    11  unfit based upon the registration application shall be in writing, shall
    12  not be conclusory, and shall state the  factual  basis  upon  which  the
    13  determination is based. Any documents, reports, or information that form
    14  a  basis  for  such determination shall be provided to the contractor no
    15  less than ten days before the hearing. For purposes of this subdivision,
    16  the term "unfit" shall mean a contractor who the commissioner determines
    17  to be unable to lawfully adhere to contractual obligations of this arti-
    18  cle and responsibilities including prevailing wage requirements pursuant
    19  to this article. Such determination shall be based on  a  clearly  docu-
    20  mented  history,  official  record of past dealings, or a present demon-
    21  strable inability to lawfully adhere to such obligations  and  responsi-
    22  bilities.
    23    5.  No  contractor shall bid on a contract for public work unless they
    24  and all subcontractors listed in the bid, in addition to any subcontrac-
    25  tors associated with wage and/or fringe benefit payments to employees on
    26  the public work  project,  are  registered  pursuant  to  this  section.
    27  Further,  each  contractor must submit their certificate of registration
    28  as well as all certificates of registration for any and all  subcontrac-
    29  tors  for  such  contract at the time the bid is made.  Applications for
    30  registration shall not be accepted as a substitute for a certificate  of
    31  registration  for  the  purposes of this section.   For covered projects
    32  performed under private contract, the owner or developer of such project
    33  must ensure that any contractor which it hires, or subcontractor that is
    34  hired, to perform work on such project is registered  pursuant  to  this
    35  section.
    36    6. a. A contractor who bids on a contract for public work knowing that
    37  it  is  not  registered,  or  submits a bid with a subcontractor that it
    38  knows or should have known is not  registered  pursuant  to  subdivision
    39  five  of this section shall, after notice and a hearing, be subject to a
    40  civil penalty of up to one  thousand  dollars.    For  covered  projects
    41  performed  under  private  contract, an owner or developer who commences
    42  work with a contractor or subcontractor that it  knows  or  should  have
    43  known  is  not  registered  pursuant to subdivision five of this section
    44  shall, after notice and hearing, be subject to a civil penalty of up  to
    45  one  thousand  dollars.  A  contractor  who  commences work on a covered
    46  project knowing that it is not registered or contracts  with  a  subcon-
    47  tractor that it knows or should have known is not registered for work on
    48  a  covered project shall, after notice and hearing be subject to a civil
    49  penalty of up to one thousand dollars. Any subcontractor  who  commences
    50  work  on  any  covered  project knowing that it is not registered shall,
    51  after notice and hearing, be subject to a civil penalty  of  up  to  one
    52  thousand dollars.
    53    b. The commissioner may revoke or suspend a registration if a contrac-
    54  tor  or  subcontractor has been finally determined to be in violation of
    55  the prevailing wage requirements of this article.

        S. 5994--C                          4

     1    c. Nothing in this section shall be construed to  limit  or  supersede
     2  the authority of any state or municipal entity to enforce existing labor
     3  laws,  safety  standards,  regulations, codes or any other existing laws
     4  relative to public work.
     5    d.  A registration pursuant to this section is not necessary for a bid
     6  or work on a contract for public work and  penalties  pursuant  to  this
     7  section  shall  not apply when a state of emergency is declared pursuant
     8  to section twenty-four of the executive law, when the governor  declares
     9  a  disaster  emergency pursuant to section twenty-eight of the executive
    10  law, or when the President issues a major disaster or emergency declara-
    11  tion and such work arises from or is in connection with  the  actual  or
    12  impending  declared  emergency  or  disaster or pursuant to an emergency
    13  construction contract, or other contract entered into due to  an  urgent
    14  and  unexpected  event where public safety or the conservation of public
    15  resources is at risk, as authorized by law, including but not limited to
    16  the public buildings law, the state finance law, the  general  municipal
    17  law, or the public authorities law.
    18    7.    The  department shall establish and maintain an online system to
    19  make available  all  registrations  and  disclosures  required  by  this
    20  section.
    21    8.   The department shall prescribe regulations necessary to carry out
    22  the provisions of this section within one hundred eighty days after  its
    23  effective date.
    24    §  2. This act shall take effect immediately, provided however, subdi-
    25  visions one through six of section 220-i of the labor law  as  added  by
    26  section one of this act shall take effect one year after such date.
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