§ 220-I — Registration system for contractors and subcontractors

§ 220-i. Registration system for contractors and subcontractors. 1. As\nused in this section:\n a. "Contractor" means any entity entering into a contract to perform\nconstruction, demolition, reconstruction, excavation, rehabilitation,\nrepair, installation, renovation, alteration, or custom fabrication,\nwhich is subject to the provisions of this article.\n b. "Subcontractor" means any entity subcontracting with a contractor\nto perform construction, demolition, reconstruction, excavation,\nrehabilitation, repair, installation, renovation, alteration, or custom\nfabrication, which is subject to the provisions of this article.\n c. "Covered project" means any project subject to the provisions of\nthis article, including but not limited to, public work projects and\nthose subject to the provisions of sections two hundred twenty-four-a\nand two hundred twenty-four-d of this article.\n 2. a. In accordance with subdivision six of this section, a contractor\nor subcontractor shall register in writing with the commissioner on a\nform provided by the commissioner. The form shall require the following\ninformation:\n i. The name, principal business address and telephone number of the\ncontractor or subcontractor.\n ii. Whether the contractor is a person, partnership, association,\njoint stock company, trust, corporation, or other form of business\nentity.\n iii. The name and address of each person with an ownership interest in\nthe contractor or subcontractor and the percentage interest, except that\nif the contractor or subcontractor is a publicly-traded corporation, the\ncontractor or subcontractor shall supply the names and addresses of the\ncorporation's officers.\n iv. The contractor's or subcontractor's tax identification number,\nunemployment insurance registration number, and workers' compensation\nboard employer number.\n v. Whether the contractor or subcontractor has any outstanding wage\nassessments against it, pursuant to this article.\n vi. Whether the contractor or subcontractor has been debarred under\nNew York or federal law within the last eight years.\n vii. Whether the contractor or subcontractor has been debarred\npursuant to the laws of any other state within the last eight years.\n viii. Whether the contractor or subcontractor has been finally\ndetermined by the appropriate authority to have violated any labor laws\nor employment tax laws including, but not limited to, the requirement to\nhave workers' compensation coverage, payment of workers' compensation\npremiums, deduction and payment of income taxes, payment of unemployment\ninsurance contributions or payment of prevailing wage.\n ix. Whether the contractor or subcontractor has been finally\ndetermined by the appropriate authority to have violated any laws\nestablishing workplace safety standards including the federal\nOccupational Safety and Health Act.\n x. Whether or not the contractor or subcontractor is associated, or a\nsignatory to, an apprenticeship program under article twenty-three of\nthis chapter. If so, the apprenticeship program shall be provided by the\ncontractor or subcontractor.\n xi. Whether or not the contractor or subcontractor is a minority or\nwomen-owned business enterprise pursuant to the provisions of article\nfifteen-A of the executive law.\n b. At the time of registration, and upon request, the contractor or\nsubcontractor shall submit to the commissioner documentation\ndemonstrating that the contractor or subcontractor has workers'\ncompensation insurance coverage for all workers as required by law,\nincluding any and all declarations and information pages related to such\npolicy which shall be electronically accessible and searchable to the\npublic, provided however, that in no event shall a worker's name or\nother personal identifying information be included in such database.\nThis information shall be made readily available to the public by the\ncommissioner within forty-eight hours of the initial public request.\n 3. The contractor or subcontractor shall pay a non-refundable\nregistration fee of two hundred dollars to the commissioner which shall\nbe paid to the general fund. The commissioner, through regulations,\nshall reduce the registration fee associated with minority or\nwomen-owned business enterprises in order to promote the use of such\nbusinesses on covered projects.\n 4. Unless the commissioner determines a contractor or subcontractor\nunfit to be registered, the commissioner shall issue a certificate of\nregistration to the contractor or subcontractor upon receipt of the fee,\nform and documentation required by this section. A registration\ncertificate shall be valid for two calendar years from the date of\nregistration. Registrations may be renewed not less than ninety days\nbefore the expiration date of the immediately preceding registration.\nThe commissioner shall promulgate regulations to determine under what\ncircumstances a contractor or subcontractor would be unfit to be\nregistered pursuant to this section; provided that a contractor or\nsubcontractor shall not be determined to be unfit solely because a\ncontractor or subcontractor was debarred within the last eight years,\nunless such contractor or subcontractor is currently debarred or\nineligible pursuant to subdivision three of section two hundred twenty-b\nof this article or section one hundred forty-one-b of the workers'\ncompensation law or such contractor or subcontractor is subject to a\nfinal administrative or court order for violation of state or federal\nprevailing wage law which has not been fully satisfied, provided further\nthat a contractor that has made payment for unpaid wages on behalf of a\nsubcontractor shall not be determined unfit solely as a result of\nactions of a subcontractor. The commissioner shall, before making a\ndetermination of unfitness, notify the contractor or subcontractor in\nwriting of the reasons for such proposed determination and afford the\ncontractor or subcontractor an opportunity to cure or be heard prior to\nthe determination. Such notice shall notify the contractor or\nsubcontractor that a request for a hearing must be made within thirty\ndays after issuance of such notification. If a hearing is requested,\nsuch hearing shall be held at such time and place as the commissioner\nshall prescribe. If the contractor or subcontractor fails to make a\nwritten request for a hearing within thirty days after issuance of such\nnotification, then the notification of determination shall become the\nfinal determination of the commissioner. Any documents, reports, or\ninformation that form a basis for such determination shall be provided\nto the contractor or subcontractor no less than ten days before the\nhearing. For purposes of this subdivision, the term "unfit" shall mean a\ncontractor or subcontractor who the commissioner determines to be unable\nto lawfully adhere to contractual obligations of this article and\nresponsibilities including prevailing wage requirements pursuant to this\narticle. Such determination shall be based on a clearly documented\nhistory, official record of past dealings, or a present demonstrable\ninability to lawfully adhere to such obligations and responsibilities.\n 5. If the registration of a contractor or subcontractor lapses while\nperforming contracted work on a covered project, that contractor or\nsubcontractor shall not be prohibited from completing its contracted\nwork on such covered project. For a contractor or subcontractor who has\nbeen determined unfit while performing contracted work on a covered\nproject at the time of such determination, then the continuation of its\ncontracted work shall only continue if a monitor is appointed to oversee\nthe work completed at the sole expense of such contractor or\nsubcontractor. Nothing herein shall prevent a contractor or\nsubcontractor from fulfilling contractual obligations solely based on\nreceiving a notice of proposed determination of unfitness. Such monitor\nmust be approved by the commissioner.\n 6. No contractor shall bid on a contract for public work unless such\ncontractor is registered pursuant to this section. In the case of a\ncovered project subject to section two hundred twenty-four-a or two\nhundred twenty-four-d of this article, or other projects that are\nprivately owned and subject to provisions of this article, contractors\nmust register prior to commencing any work on a covered project.\nSubcontractors must be registered prior to commencing any work on a\ncovered project. Further, each contractor must submit their certificate\nof registration at the time the bid is made. Applications for\nregistration shall not be accepted as a substitute for a certificate of\nregistration for the purposes of this section.\n 7. For covered projects as defined in section two hundred\ntwenty-four-a or two hundred twenty-four-d of this article or other\nprojects that are privately owned and subject to provisions of this\narticle, the owner or developer of such covered project must ensure that\nany contractor that is hired, or subcontractor that is hired, to perform\nwork on such project is registered pursuant to this section prior to\nthat contractor or subcontractor commencing work on the covered project\nfor which it was contracted.\n 8. a. A contractor who bids on a contract for public work knowing that\nit is not registered, or allows a subcontractor to commence work on a\ncovered project that it knows or should have known is not registered\npursuant to subdivision six of this section shall, after notice and a\nhearing, be subject to a civil penalty of up to one thousand dollars.\nFor covered projects performed under private contract, as defined in\nsection two hundred twenty-four-a or two hundred twenty-four-d of this\narticle, or for other projects that are privately owned and subject to\nthe provisions of this article, an owner or developer who commences work\nwith a contractor or subcontractor that it knows or should have known is\nnot registered pursuant to subdivision six of this section shall, after\nnotice and hearing, be subject to a civil penalty of up to one thousand\ndollars. A contractor or subcontractor who commences work on a covered\nproject knowing that it is not registered or contracts with a\nsubcontractor that it knows or should have known is not registered for\nwork on a covered project shall, after notice and hearing be subject to\na civil penalty of up to one thousand dollars.\n b. The commissioner may revoke or suspend a registration if a\ncontractor or subcontractor has been finally determined to be in\nviolation of the prevailing wage requirements of this article, provided\nhowever that such contractor or subcontractor shall be afforded a\nhearing prior to any revocation or suspension.\n c. Nothing in this section shall be construed to limit or supersede\nthe authority of any state or municipal entity to enforce existing labor\nlaws, safety standards, regulations, codes or any other existing laws\nrelative to public work.\n d. A registration pursuant to this section is not necessary for a bid\nor work on a contract for public work and penalties pursuant to this\nsection shall not apply when a state of emergency is declared pursuant\nto section twenty-four of the executive law, when the governor declares\na disaster emergency pursuant to section twenty-eight of the executive\nlaw, or when the President issues a major disaster or emergency\ndeclaration and such work arises from or is in connection with the\nactual or impending declared emergency or disaster or pursuant to an\nemergency construction contract, or other contract entered into due to\nan urgent and unexpected event where public safety or the conservation\nof public resources is at risk, as authorized by law, including but not\nlimited to the public buildings law, the state finance law, the general\nmunicipal law, or the public authorities law.\n 9. The commissioner shall establish and maintain an online system to\nmake available all registrations and disclosures required by this\nsection, except for any personally identifiable information, including\nhome address and percentages of ownership interest in privately held\nentities.\n 10. The commissioner shall prescribe regulations necessary to carry\nout the provisions of this section.\n