S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8086--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2011
                               ___________

Introduced  by M. of A. WRIGHT, BRONSON -- read once and referred to the
  Committee on Labor -- recommitted to the Committee on Labor in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Regional Labor Protection Act of 2012".
  S 2. Legislative findings. The legislature hereby finds  and  declares
that  in  order  to  increase  employment of state residents, especially
construction workers, it shall invest in public works projects.
  The legislature further declares that channeling funds to such  public
works  projects  for  the  employment  of qualified local residents will
reduce unemployment while improving the welfare  of  its  residents  and
facilitating the completing of public works projects more quickly, effi-
ciently and economically.
  Therefore, the legislature declares that in certain limited situations
there shall be a preference for qualified local labor.
  S 3. The labor law is amended by adding a new section 220-i to read as
follows:
  S  220-I.  USE  OF  QUALIFIED  LOCAL  LABOR.    1. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, IN  THE
CONSTRUCTION  OF  PUBLIC  WORKS  PROVIDING  FOR THE EXPENDITURE OF STATE
PUBLIC MONEY, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION  OR  OFFICER  OF
THE  STATE  OF  NEW  YORK,  OR  OF  ANY POLITICAL SUBDIVISION THEREOF AS
DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL  LAW,  MUNICIPAL
CORPORATION  AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
LAW, PUBLIC BENEFIT CORPORATION, OR LOCAL OR STATE AUTHORITY AS  DEFINED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08923-02-2
              

A. 8086--A                          2

IN  SECTION  TWO  OF THE PUBLIC AUTHORITIES LAW HAVING JURISDICTION OVER
THE PUBLIC WORK SHALL REQUIRE A CONTRACTOR AWARDED A  CONTRACT,  SUBCON-
TRACT,  LEASE, GRANT, BOND, COVENANT OR OTHER AGREEMENT FOR A PROJECT TO
EMPLOY  QUALIFIED  LOCAL  RESIDENTS  WHO  ARE  UNEMPLOYED AT THE TIME AS
LABORERS, WORKMEN OR MECHANICS ON SAID PUBLIC WORK PROJECT WHENEVER  THE
UNEMPLOYMENT  RATE  FOR  CONSTRUCTION  WORKERS IN A REGIONAL AREA IN NEW
YORK STATE AS DETERMINED AND PUBLISHED BY THE DEPARTMENT TO BE  SIX  PER
CENTUM  OR  MORE  FOR  A  PERIOD  OF  THREE  CONSECUTIVE MONTHS AND SAID
REQUIREMENT SHALL CONTINUE UNTIL SUCH TIME AS THE UNEMPLOYMENT RATE  FOR
SUCH  CONSTRUCTION  WORKERS  IN THE REGIONAL AREA SHALL BE BELOW SIX PER
CENTUM FOR THREE CONSECUTIVE MONTHS.
  2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, IN THE CONSTRUCTION OF PUBLIC WORKS PROVIDING  FOR  THE
EXPENDITURE  OF  STATE  PUBLIC  MONEY,  ANY  AGENCY,  BOARD, DEPARTMENT,
COMMISSION OR OFFICER OF THE STATE OF NEW  YORK,  OR  OF  ANY  POLITICAL
SUBDIVISION  THEREOF  AS  DEFINED  IN SECTION ONE HUNDRED OF THE GENERAL
MUNICIPAL LAW, MUNICIPAL CORPORATION AS DEFINED IN SECTION SIXTY-SIX  OF
THE  GENERAL  CONSTRUCTION  LAW, PUBLIC BENEFIT CORPORATION, OR LOCAL OR
STATE AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES  LAW
HAVING  JURISDICTION  OVER  THE  PUBLIC  WORK SHALL REQUIRE A CONTRACTOR
AWARDED A CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT  OR  OTHER
AGREEMENT  FOR  A PROJECT TO EMPLOY LOCAL RESIDENTS AS LABORERS, WORKMEN
OR MECHANICS ON SAID  PUBLIC  WORK  PROJECT  DURING  AND  FOR  THE  WORK
INVOLVED  WITH SUCH PROJECT WHEN SUCH REQUIREMENT IS PART OF THE AGENCY,
BOARD, DEPARTMENT, COMMISSION OR OFFICER OF THE STATE OF NEW YORK, POLI-
TICAL SUBDIVISION, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION  OR
LOCAL  OR  STATE  AUTHORITY  HAVING  JURISDICTION  OVER  THE PUBLIC WORK
REQUEST FOR PROPOSALS FOR  THE  PROJECT  AND  WHEN  THE  AGENCY,  BOARD,
DEPARTMENT,  COMMISSION  OR  OFFICER OF THE STATE OF NEW YORK, POLITICAL
SUBDIVISION, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR  LOCAL
OR  STATE  AUTHORITY HAVING JURISDICTION OVER THE PUBLIC WORK DETERMINES
THAT THE PUBLIC WORK PROJECT WILL BE COMPLETED MORE QUICKLY, MORE  EFFI-
CIENTLY  AND  MORE ECONOMICALLY, THAT ITS INTEREST IN OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE PRICE AND OTHER CONSIDERATIONS SUCH  AS  THE
IMPACT OF DELAY AND THE POSSIBILITY OF COST SAVINGS ADVANTAGES, ARE BEST
MET BY REQUIRING QUALIFIED LOCAL RESIDENTS.
  3. FOR PURPOSES OF THIS SECTION "QUALIFIED LOCAL RESIDENTS" SHALL MEAN
CITIZENS OF THE STATE OF NEW YORK WHO HAVE BEEN RESIDING IN THE REGIONAL
AREA OF THE STATE WHERE THE PUBLIC WORKS PROJECT IS LOCATED FOR AT LEAST
TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRIOR TO THE COMMENCEMENT OF THEIR
EMPLOYMENT  ON  THE  PUBLIC WORKS PROJECT. EACH QUALIFIED LOCAL RESIDENT
SHALL FURNISH SATISFACTORY PROOF  OF  RESIDENCE  AND  QUALIFICATIONS  IN
THEIR TRADE OR SKILL, IN ACCORDANCE WITH RULES AND PROCEDURES ADOPTED BY
THE COMMISSIONER.
  4.  A  VIOLATION  OF  THIS  SECTION SHALL CONSTITUTE A MISDEMEANOR AND
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY  DOLLARS  NOR  MORE
THAN  FIVE  HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT LESS THAN THIRTY
NOR MORE THAN NINETY DAYS, OR BY BOTH FINE AND IMPRISONMENT. EACH  SEPA-
RATE CASE OF FAILURE TO EMPLOY QUALIFIED LOCAL RESIDENTS ON PUBLIC WORKS
PROJECTS CONSTITUTES A SEPARATE OFFENSE.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall control all contracts advertised or solicit-
ed for bid on or after such effective date.