2023 New York Laws › LAB - Labor › Article 8 - Public Work › 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
* 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.
* NB Effective December 30, 2024
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.