N.Y. Labor Law § 220-i: Registration system for contractors and subcontractors

§ 220-i. Registration system for contractors and subcontractors. 1. As

used in this section:

a. "Contractor" means any entity entering into a contract to perform

construction, demolition, reconstruction, excavation, rehabilitation,

repair, installation, renovation, alteration, or custom fabrication,

which is subject to the provisions of this article.

b. "Subcontractor" means any entity subcontracting with a contractor

to perform construction, demolition, reconstruction, excavation,

rehabilitation, repair, installation, renovation, alteration, or custom

fabrication, which is subject to the provisions of this article.

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.

2. a. In accordance with subdivision six of this section, a contractor

or subcontractor shall register in writing with the commissioner 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 or subcontractor.

ii. Whether the contractor is a person, partnership, association,

joint stock company, trust, corporation, or other form of business

entity.

iii. The name and address of each person with an ownership interest in

the contractor or subcontractor and the percentage interest, except that

if the contractor or subcontractor is a publicly-traded corporation, the

contractor or subcontractor shall supply the names and addresses of the

corporation's officers.

iv. The contractor's or subcontractor's tax identification number,

unemployment insurance registration number, and workers' compensation

board employer number.

v. Whether the contractor or subcontractor has any outstanding wage

assessments against it, pursuant to this article.

vi. Whether the contractor or subcontractor has been debarred under

New York or federal law within the last eight years.

vii. Whether the contractor or subcontractor has been debarred

pursuant to the laws of any other state within the last eight years.

viii. Whether the contractor or subcontractor has been finally

determined by the appropriate authority to have violated any labor laws

or employment tax laws including, but not limited to, the requirement to

have workers' compensation coverage, payment of workers' compensation

premiums, deduction and payment of income taxes, payment of unemployment

insurance contributions or payment of prevailing wage.

ix. Whether the contractor or subcontractor has been finally

determined by the appropriate authority to have violated any laws

establishing workplace safety standards including the federal

Occupational Safety and Health Act.

x. Whether or not the contractor or subcontractor 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 or subcontractor.

xi. Whether or not the contractor or subcontractor is a minority or

women-owned business enterprise pursuant to the provisions of article

fifteen-A of the executive law.

b. At the time of registration, and upon request, the contractor or

subcontractor shall submit to the commissioner documentation

demonstrating that the contractor or subcontractor 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

commissioner within forty-eight hours of the initial public request.

3. The contractor or subcontractor 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 registration fee associated with minority or

women-owned business enterprises in order to promote the use of such

businesses on covered projects.

4. Unless the commissioner determines a contractor or subcontractor

unfit to be registered, the commissioner shall issue a certificate of

registration to the contractor or subcontractor upon receipt of the fee,

form and documentation required by this section. A registration

certificate shall be valid for two calendar years from the date of

registration. Registrations may be renewed not less than ninety days

before the expiration date of the immediately preceding registration.

The commissioner shall promulgate regulations to determine under what

circumstances a contractor or subcontractor would be unfit to be

registered pursuant to this section; provided that a contractor or

subcontractor shall not be determined to be unfit solely because a

contractor or subcontractor was debarred within the last eight years,

unless such contractor or subcontractor 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 or such contractor or subcontractor is subject to a

final administrative or court order for violation of state or federal

prevailing wage law which has not been fully satisfied, provided further

that a contractor that has made payment for unpaid wages on behalf of a

subcontractor shall not be determined unfit solely as a result of

actions of a subcontractor. The commissioner shall, before making a

determination of unfitness, notify the contractor or subcontractor in

writing of the reasons for such proposed determination and afford the

contractor or subcontractor an opportunity to cure or be heard prior to

the determination. Such notice shall notify the contractor or

subcontractor that a request for a hearing must be made within thirty

days after issuance of such notification. If a hearing is requested,

such hearing shall be held at such time and place as the commissioner

shall prescribe. If the contractor or subcontractor fails to make a

written request for a hearing within thirty days after issuance of such

notification, then the notification of determination shall become the

final determination of the commissioner. Any documents, reports, or

information that form a basis for such determination shall be provided

to the contractor or subcontractor no less than ten days before the

hearing. For purposes of this subdivision, the term "unfit" shall mean a

contractor or subcontractor who the commissioner determines to be unable

to lawfully adhere to contractual obligations of this article and

responsibilities including prevailing wage requirements pursuant to this

article. Such determination shall be based on a clearly documented

history, official record of past dealings, or a present demonstrable

inability to lawfully adhere to such obligations and responsibilities.

5. If the registration of a contractor or subcontractor lapses while

performing contracted work on a covered project, that contractor or

subcontractor shall not be prohibited from completing its contracted

work on such covered project. For a contractor or subcontractor who has

been determined unfit while performing contracted work on a covered

project at the time of such determination, then the continuation of its

contracted work shall only continue if a monitor is appointed to oversee

the work completed at the sole expense of such contractor or

subcontractor. Nothing herein shall prevent a contractor or

subcontractor from fulfilling contractual obligations solely based on

receiving a notice of proposed determination of unfitness. Such monitor

must be approved by the commissioner.

6. No contractor shall bid on a contract for public work unless such

contractor is registered pursuant to this section. In the case of a

covered project subject to section two hundred twenty-four-a or two

hundred twenty-four-d of this article, or other projects that are

privately owned and subject to provisions of this article, contractors

must register prior to commencing any work on a covered project.

Subcontractors must be registered prior to commencing any work on a

covered project. Further, each contractor must submit their certificate

of registration 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.

7. For covered projects as defined in section two hundred

twenty-four-a or two hundred twenty-four-d of this article or other

projects that are privately owned and subject to provisions of this

article, the owner or developer of such covered project must ensure that

any contractor that is hired, or subcontractor that is hired, to perform

work on such project is registered pursuant to this section prior to

that contractor or subcontractor commencing work on the covered project

for which it was contracted.

8. a. A contractor who bids on a contract for public work knowing that

it is not registered, or allows a subcontractor to commence work on a

covered project that it knows or should have known is not registered

pursuant to subdivision six 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, as defined in

section two hundred twenty-four-a or two hundred twenty-four-d of this

article, or for other projects that are privately owned and subject to

the provisions of this article, 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 six of this section shall, after

notice and hearing, be subject to a civil penalty of up to one thousand

dollars. A contractor or subcontractor who commences work on a covered

project knowing that it is not registered or contracts with a

subcontractor 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.

b. The commissioner may revoke or suspend a registration if a

contractor or subcontractor has been finally determined to be in

violation of the prevailing wage requirements of this article, provided

however that such contractor or subcontractor shall be afforded a

hearing prior to any revocation or suspension.

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

declaration 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.

9. The commissioner shall establish and maintain an online system to

make available all registrations and disclosures required by this

section, except for any personally identifiable information, including

home address and percentages of ownership interest in privately held

entities.

10. The commissioner shall prescribe regulations necessary to carry

out the provisions of this section.