S T A T E O F N E W Y O R K
________________________________________________________________________
5994--C
Cal. No. 1216
2021-2022 Regular Sessions
I N S E N A T E
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:
Section 1. The labor law is amended by adding a new section 220-i to
read as follows:
§ 220-I. REGISTRATION SYSTEM FOR CONTRACTORS AND SUBCONTRACTORS. 1.
AS USED IN THIS SECTION:
A. "CONTRACTOR" MEANS ANY CONTRACTOR OR SUBCONTRACTOR ENTERING INTO A
CONTRACT TO PERFORM CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCA-
VATION, REHABILITATION, REPAIR, INSTALLATION, RENOVATION, ALTERATION, OR
CUSTOM FABRICATION, WHICH IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
B. "BUREAU" MEANS THE DEPARTMENT'S BUREAU OF PUBLIC WORKS.
C. "COVERED PROJECT" MEANS ANY PROJECT SUBJECT TO THE PROVISIONS OF
THIS ARTICLE, INCLUDING BUT NOT LIMITED TO, PUBLIC WORK PROJECTS AND
THOSE SUBJECT TO THE PROVISIONS OF SECTIONS TWO HUNDRED TWENTY-FOUR-A
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
2. A. PRIOR TO SUBMITTING A BID ON A CONTRACT FOR PUBLIC WORK OR
COMMENCING WORK ON A COVERED PROJECT UNDER PRIVATE CONTRACT, A CONTRAC-
TOR SHALL REGISTER IN WRITING WITH THE BUREAU ON A FORM PROVIDED BY THE
COMMISSIONER. THE FORM SHALL REQUIRE THE FOLLOWING INFORMATION:
I. THE NAME, PRINCIPAL BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
CONTRACTOR.
II. WHETHER THE CONTRACTOR IS A PERSON, PARTNERSHIP, ASSOCIATION,
JOINT STOCK COMPANY, TRUST, CORPORATION, OR OTHER FORM OF BUSINESS ENTI-
TY.
III. THE NAME AND ADDRESS OF EACH PERSON WITH A FINANCIAL INTEREST IN
THE CONTRACTOR AND THE PERCENTAGE INTEREST, EXCEPT THAT IF THE CONTRAC-
TOR IS A PUBLICLY-TRADED CORPORATION, THE CONTRACTOR SHALL SUPPLY THE
NAMES AND ADDRESSES OF THE CORPORATION'S OFFICERS.
IV. THE CONTRACTOR'S TAX IDENTIFICATION NUMBER, UNEMPLOYMENT INSURANCE
REGISTRATION NUMBER, AND WORKERS' COMPENSATION BOARD EMPLOYEE NUMBER.
V. WHETHER THE CONTRACTOR HAS ANY OUTSTANDING WAGE ASSESSMENTS AGAINST
IT, PURSUANT TO THIS ARTICLE.
VI. WHETHER THE CONTRACTOR HAS BEEN DEBARRED UNDER NEW YORK OR FEDERAL
LAW WITHIN THE LAST TEN YEARS.
VII. WHETHER THE CONTRACTOR HAS BEEN DEBARRED PURSUANT TO THE LAWS OF
ANY OTHER STATE WITHIN THE LAST TEN YEARS.
VIII. WHETHER THE CONTRACTOR HAS BEEN FINALLY DETERMINED BY THE APPRO-
PRIATE AUTHORITY TO HAVE VIOLATED ANY LABOR LAWS OR EMPLOYMENT TAX LAWS
INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT TO HAVE WORKERS' COMPEN-
SATION COVERAGE, PAYMENT OF WORKERS' COMPENSATION PREMIUMS, DEDUCTION
AND PAYMENT OF INCOME TAXES, PAYMENT OF UNEMPLOYMENT INSURANCE CONTRIB-
UTIONS OR PAYMENT OF PREVAILING WAGE.
IX. WHETHER THE CONTRACTOR HAS BEEN FINALLY DETERMINED BY THE APPRO-
PRIATE AUTHORITY TO HAVE VIOLATED ANY LAWS ESTABLISHING WORKPLACE SAFETY
STANDARDS INCLUDING THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT.
X. WHETHER OR NOT THE CONTRACTOR IS ASSOCIATED, OR A SIGNATORY TO, AN
APPRENTICESHIP PROGRAM UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER. IF
SO, THE APPRENTICESHIP PROGRAM SHALL BE PROVIDED BY THE CONTRACTOR.
XI. WHETHER OR NOT THE CONTRACTOR IS A MINORITY OR WOMEN-OWNED BUSI-
NESS ENTERPRISE PURSUANT TO THE PROVISIONS OF ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW.
B. AT THE TIME OF REGISTRATION, AND UPON REQUEST, THE CONTRACTOR SHALL
SUBMIT TO THE COMMISSIONER DOCUMENTATION DEMONSTRATING THAT THE CONTRAC-
TOR HAS WORKERS' COMPENSATION INSURANCE COVERAGE FOR ALL WORKERS AS
REQUIRED BY LAW, INCLUDING ANY AND ALL DECLARATIONS AND INFORMATION
PAGES RELATED TO SUCH POLICY WHICH SHALL BE ELECTRONICALLY ACCESSIBLE
AND SEARCHABLE TO THE PUBLIC, PROVIDED HOWEVER, THAT IN NO EVENT SHALL A
WORKER'S NAME OR OTHER PERSONAL IDENTIFYING INFORMATION BE INCLUDED IN
SUCH DATABASE. THIS INFORMATION SHALL BE MADE READILY AVAILABLE TO THE
PUBLIC BY THE BUREAU WITHIN FORTY-EIGHT HOURS OF THE INITIAL PUBLIC
REQUEST.
3. THE CONTRACTOR SHALL PAY A NON-REFUNDABLE REGISTRATION FEE OF TWO
HUNDRED DOLLARS TO THE COMMISSIONER WHICH SHALL BE PAID TO THE GENERAL
FUND. THE COMMISSIONER, THROUGH REGULATIONS, SHALL REDUCE THE REGISTRA-
TION FEE ASSOCIATED WITH MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES IN
ORDER TO PROMOTE THE USE OF SUCH BUSINESSES ON COVERED PROJECTS.
4. UNLESS, FOLLOWING NOTICE AND A HEARING, THE BUREAU DETERMINES A
CONTRACTOR UNFIT TO BE REGISTERED, THE COMMISSIONER SHALL ISSUE A
CERTIFICATE OF REGISTRATION TO THE CONTRACTOR UPON RECEIPT OF THE FEE,
FORM AND DOCUMENTATION REQUIRED BY THIS SECTION. A REGISTRATION CERTIF-
ICATE SHALL BE VALID FOR TWO CALENDAR YEARS FROM THE DATE OF REGISTRA-
S. 5994--C 3
TION. REGISTRATIONS MAY BE RENEWED NOT LESS THAN THIRTY DAYS BEFORE THE
EXPIRATION DATE OF THE IMMEDIATELY PRECEDING REGISTRATION. THE COMMIS-
SIONER SHALL PROMULGATE REGULATIONS TO DETERMINE UNDER WHAT CIRCUM-
STANCES A CONTRACTOR WOULD BE UNFIT TO BE REGISTERED PURSUANT TO THIS
SECTION; PROVIDED THAT A CONTRACTOR SHALL NOT BE DETERMINED TO BE UNFIT
SOLELY BECAUSE A CONTRACTOR WAS DEBARRED WITHIN THE LAST TEN YEARS,
UNLESS SUCH CONTRACTOR IS CURRENTLY DEBARRED OR INELIGIBLE PURSUANT TO
SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-B OF THIS ARTICLE OR
SECTION ONE HUNDRED FORTY-ONE-B OF THE WORKERS' COMPENSATION LAW. THE
NOTICE TO A CONTRACTOR INITIALLY DETERMINED BY THE COMMISSIONER TO BE
UNFIT BASED UPON THE REGISTRATION APPLICATION SHALL BE IN WRITING, SHALL
NOT BE CONCLUSORY, AND SHALL STATE THE FACTUAL BASIS UPON WHICH THE
DETERMINATION IS BASED. ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM
A BASIS FOR SUCH DETERMINATION SHALL BE PROVIDED TO THE CONTRACTOR NO
LESS THAN TEN DAYS BEFORE THE HEARING. FOR PURPOSES OF THIS SUBDIVISION,
THE TERM "UNFIT" SHALL MEAN A CONTRACTOR WHO THE COMMISSIONER DETERMINES
TO BE UNABLE TO LAWFULLY ADHERE TO CONTRACTUAL OBLIGATIONS OF THIS ARTI-
CLE AND RESPONSIBILITIES INCLUDING PREVAILING WAGE REQUIREMENTS PURSUANT
TO THIS ARTICLE. SUCH DETERMINATION SHALL BE BASED ON A CLEARLY DOCU-
MENTED HISTORY, OFFICIAL RECORD OF PAST DEALINGS, OR A PRESENT DEMON-
STRABLE INABILITY TO LAWFULLY ADHERE TO SUCH OBLIGATIONS AND RESPONSI-
BILITIES.
5. NO CONTRACTOR SHALL BID ON A CONTRACT FOR PUBLIC WORK UNLESS THEY
AND ALL SUBCONTRACTORS LISTED IN THE BID, IN ADDITION TO ANY SUBCONTRAC-
TORS ASSOCIATED WITH WAGE AND/OR FRINGE BENEFIT PAYMENTS TO EMPLOYEES ON
THE PUBLIC WORK PROJECT, ARE REGISTERED PURSUANT TO THIS SECTION.
FURTHER, EACH CONTRACTOR MUST SUBMIT THEIR CERTIFICATE OF REGISTRATION
AS WELL AS ALL CERTIFICATES OF REGISTRATION FOR ANY AND ALL SUBCONTRAC-
TORS FOR SUCH CONTRACT AT THE TIME THE BID IS MADE. APPLICATIONS FOR
REGISTRATION SHALL NOT BE ACCEPTED AS A SUBSTITUTE FOR A CERTIFICATE OF
REGISTRATION FOR THE PURPOSES OF THIS SECTION. FOR COVERED PROJECTS
PERFORMED UNDER PRIVATE CONTRACT, THE OWNER OR DEVELOPER OF SUCH PROJECT
MUST ENSURE THAT ANY CONTRACTOR WHICH IT HIRES, OR SUBCONTRACTOR THAT IS
HIRED, TO PERFORM WORK ON SUCH PROJECT IS REGISTERED PURSUANT TO THIS
SECTION.
6. A. A CONTRACTOR WHO BIDS ON A CONTRACT FOR PUBLIC WORK KNOWING THAT
IT IS NOT REGISTERED, OR SUBMITS A BID WITH A SUBCONTRACTOR THAT IT
KNOWS OR SHOULD HAVE KNOWN IS NOT REGISTERED PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION SHALL, AFTER NOTICE AND A HEARING, BE SUBJECT TO A
CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS. FOR COVERED PROJECTS
PERFORMED UNDER PRIVATE CONTRACT, AN OWNER OR DEVELOPER WHO COMMENCES
WORK WITH A CONTRACTOR OR SUBCONTRACTOR THAT IT KNOWS OR SHOULD HAVE
KNOWN IS NOT REGISTERED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
SHALL, AFTER NOTICE AND HEARING, BE SUBJECT TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS. A CONTRACTOR WHO COMMENCES WORK ON A COVERED
PROJECT KNOWING THAT IT IS NOT REGISTERED OR CONTRACTS WITH A SUBCON-
TRACTOR THAT IT KNOWS OR SHOULD HAVE KNOWN IS NOT REGISTERED FOR WORK ON
A COVERED PROJECT SHALL, AFTER NOTICE AND HEARING BE SUBJECT TO A CIVIL
PENALTY OF UP TO ONE THOUSAND DOLLARS. ANY SUBCONTRACTOR WHO COMMENCES
WORK ON ANY COVERED PROJECT KNOWING THAT IT IS NOT REGISTERED SHALL,
AFTER NOTICE AND HEARING, BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE
THOUSAND DOLLARS.
B. THE COMMISSIONER MAY REVOKE OR SUSPEND A REGISTRATION IF A CONTRAC-
TOR OR SUBCONTRACTOR HAS BEEN FINALLY DETERMINED TO BE IN VIOLATION OF
THE PREVAILING WAGE REQUIREMENTS OF THIS ARTICLE.
S. 5994--C 4
C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR SUPERSEDE
THE AUTHORITY OF ANY STATE OR MUNICIPAL ENTITY TO ENFORCE EXISTING LABOR
LAWS, SAFETY STANDARDS, REGULATIONS, CODES OR ANY OTHER EXISTING LAWS
RELATIVE TO PUBLIC WORK.
D. A REGISTRATION PURSUANT TO THIS SECTION IS NOT NECESSARY FOR A BID
OR WORK ON A CONTRACT FOR PUBLIC WORK AND PENALTIES PURSUANT TO THIS
SECTION SHALL NOT APPLY WHEN A STATE OF EMERGENCY IS DECLARED PURSUANT
TO SECTION TWENTY-FOUR OF THE EXECUTIVE LAW, WHEN THE GOVERNOR DECLARES
A DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE
LAW, OR WHEN THE PRESIDENT ISSUES A MAJOR DISASTER OR EMERGENCY DECLARA-
TION AND SUCH WORK ARISES FROM OR IS IN CONNECTION WITH THE ACTUAL OR
IMPENDING DECLARED EMERGENCY OR DISASTER OR PURSUANT TO AN EMERGENCY
CONSTRUCTION CONTRACT, OR OTHER CONTRACT ENTERED INTO DUE TO AN URGENT
AND UNEXPECTED EVENT WHERE PUBLIC SAFETY OR THE CONSERVATION OF PUBLIC
RESOURCES IS AT RISK, AS AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED TO
THE PUBLIC BUILDINGS LAW, THE STATE FINANCE LAW, THE GENERAL MUNICIPAL
LAW, OR THE PUBLIC AUTHORITIES LAW.
7. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN AN ONLINE SYSTEM TO
MAKE AVAILABLE ALL REGISTRATIONS AND DISCLOSURES REQUIRED BY THIS
SECTION.
8. THE DEPARTMENT SHALL PRESCRIBE REGULATIONS NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS SECTION WITHIN ONE HUNDRED EIGHTY DAYS AFTER ITS
EFFECTIVE DATE.
§ 2. This act shall take effect immediately, provided however, subdi-
visions one through 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.
