|SAME AS||SAME AS S04400-A|
|COSPNSR||Skoufis, Steck, Mayer, Cook, Jaffee, D'Urso, Moya, Harris, Ortiz, Jenne, Bronson, Brindisi|
|MLTSPNSR||Englebright, 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.|
|01/25/2017||referred to labor|
|05/23/2017||amend and recommit to labor|
|05/23/2017||print number 3057a|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3057A SPONSOR: Magnarelli
TITLE OF BILL: An act to amend the labor law, in relation to estab- lishing 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   PURPOSE: This legislation creates a registration system for contractors that wish to bid on public works projects in New York. It would ensure public works contractors do not have previous labor law violations and will abide by New York labor laws and regulations, including prevailing wage requirements.   SUMMARY OF PROVISIONS: Section 1: Establishes a registration system for contractors and subcon- tractors that bid on "public works" in New York. It requires that contractors register with the Department of Labor and pay a registration fee. Once registered, the Department of Labor will issue a certificate of registration that must be presented to public entities when bidding on a project. The Commissioner of Labor is empowered to suspend or revoke a registration on a finding of wrong doing. The bill creates a process for the finding of violations, the ability to issue penalties, and a process for the contractor to appeal the suspension or revocation. Section 2: Establishes the effective date.   JUSTIFICATION: Public works projects in New York are governed by Article 8 of the New York Labor Law. Among other requirements, public work contractors are required to pay "prevailing wage" on public works projects. At times, public works contractors have been found to have violated the "prevail- ing wage" rates and/or other provisions of the Labor Law. Other states with similar systems have adopted a registration system for public works contractors to prevent bad actors from receiving contracts in the first place. This legislation would create a registration system in New York. This legislation would create a system whereby any contractor wishing to bid on a public works project must register with the Department of Labor and pay a registration fee. It would provide the Department an opportu- nity to vet the contractor to see if they had any previous violations of the Labor Law, and ensure only responsible contractors are allowed to bid on New York public works projects.   LEGISLATIVE HISTORY: 2016: A.9089-A   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately, provided however, subdivisions five and six of section 220-i of the Labor Law as added by section one of this act shall take effect one year after such date and shall apply to bids for public work projects on or after such date.
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STATE OF NEW YORK ________________________________________________________________________ 3057--A 2017-2018 Regular Sessions IN ASSEMBLY January 25, 2017 ___________ Introduced by M. of A. MAGNARELLI, SKOUFIS, STECK, MAYER, COOK, JAFFEE, D'URSO, MOYA, HARRIS, ORTIZ, JENNE, BRONSON, BRINDISI -- Multi-Spon- sored by -- M. of A. ENGLEBRIGHT, SIMON, WOERNER -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00549-04-7A. 3057--A 2 1 tor is a publicly-traded corporation, the contractor shall supply the 2 names and addresses of the corporation's officers. 3 iv. The contractor's tax identification number and unemployment insur- 4 ance registration number. 5 v. Whether the contractor has any outstanding wage assessments against 6 it, pursuant to this article. 7 vi. Whether the contractor has been debarred under New York or federal 8 law within the last ten years. 9 vii. Whether the contractor has been debarred pursuant to the laws of 10 any other state within the last ten years. 11 viii. Whether the contractor has been finally determined by the appro- 12 priate authority to have violated any labor laws or employment tax laws 13 including, but not limited to, the requirement to have workers' compen- 14 sation coverage, payment of workers' compensation premiums, deduction 15 and payment of income taxes, payment of unemployment insurance contrib- 16 utions or payment of prevailing wage. 17 ix. Whether the contractor has been finally determined by the appro- 18 priate authority to have violated any laws establishing workplace safety 19 standards including the federal Occupational Safety and Health Act. 20 x. Whether or not the contractor is associated, or a signatory to, an 21 apprenticeship program under article twenty-three of this chapter. If 22 so, the apprenticeship program shall be provided by the contractor. 23 xi. Whether or not the contractor is a minority or women-owned busi- 24 ness enterprise pursuant to the provisions of article fifteen-A of the 25 executive law. 26 b. At the time of registration, and upon request, the contractor shall 27 submit to the commissioner documentation demonstrating that the contrac- 28 tor has workers' compensation insurance coverage for all workers as 29 required by law. This information shall be made readily available to the 30 public by the bureau within forty-eight hours of the initial public 31 request. 32 3. The contractor shall pay a non-refundable registration fee of two 33 hundred dollars to the commissioner which shall be paid to the general 34 fund. The commissioner, through regulations, shall reduce the registra- 35 tion fee associated with minority or women-owned business enterprises in 36 order to promote the use of such businesses on public work projects. 37 4. Unless, following notice and a hearing, the bureau determines a 38 contractor unfit to be registered, the commissioner shall issue a 39 certificate of registration to the contractor upon receipt of the fee, 40 form and documentation required by this section. A registration certif- 41 icate shall be valid for two calendar years from the date of registra- 42 tion. Registrations may be renewed not less than thirty days before the 43 expiration date of the immediately preceding registration. The commis- 44 sioner shall promulgate regulations to determine under what circum- 45 stances a contractor would be unfit to be registered pursuant to this 46 section. The notice to a contractor initially determined by the commis- 47 sioner to be unfit based upon the registration application shall be in 48 writing, shall not be conclusory, and shall state the factual basis upon 49 which the determination is based. Any documents, reports, or information 50 that form a basis for such determination shall be provided to the 51 contractor within a reasonable time before the hearing. For purposes of 52 this subdivision, the term "unfit" shall mean a contractor who the 53 commissioner determines to be unable to lawfully adhere to public work 54 contractual obligations and responsibilities including prevailing wage 55 requirements pursuant to this article. Such determination shall be based 56 on a clearly documented history, official record of past dealings, or aA. 3057--A 3 1 present demonstrable inability to lawfully adhere to such obligations 2 and responsibilities. 3 5. No contractor shall bid on a contract for public work unless they 4 and all subcontractors listed in the bid are registered pursuant to this 5 section. Further, each contractor must submit their certificate of 6 registration as well as all certificates of registration for any and all 7 subcontractors listed in such bid proposal for such contract at the time 8 the bid is made. Applications for registration shall not be accepted as 9 a substitute for a certificate of registration for the purposes of this 10 section. 11 6. a. A contractor who knowingly bids on a contract for public work 12 without registering, or knowingly submits a bid with subcontractors 13 listed in the bid that are not registered shall, after notice and a 14 hearing, be subject to a civil penalty of up to one 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 local state of emergency is declared 25 pursuant to section twenty-four of the executive law, when the governor 26 declares a disaster emergency pursuant to section twenty-eight of the 27 executive law, or when the President issues a major disaster or emergen- 28 cy declaration pursuant to the Robert T. Stafford Disaster Relief and 29 Emergency Assistance Act (P.L. 93-288) and such work arises from or is 30 in connection with the actual or impending declared emergency or disas- 31 ter. 32 7. The department shall prescribe regulations necessary to carry out 33 the provisions of this section within one hundred eighty days after its 34 effective date. 35 § 2. This act shall take effect immediately, provided however, subdi- 36 visions five and six of section 220-i of the labor law as added by 37 section one of this act shall take effect one year after such date and 38 shall apply to bids for public work projects on or after such date.