Bill Text: NY A01111 | 2021-2022 | General Assembly | Introduced


Bill Title: Enacts the "regional labor protection act" requiring the use of qualified local labor by contractors awarded projects in the construction of public works providing for the expenditure of state public money when the unemployment rate for construction workers is six percent or higher for three consecutive months.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A01111 Detail]

Download: New_York-2021-A01111-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1111

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor

        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:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Regional Labor Protection Act of 2021".
     3    § 2. Legislative findings. The legislature hereby finds  and  declares
     4  that  in  order  to  increase  employment of state residents, especially
     5  construction workers, it shall invest in public works projects.
     6    The legislature further declares that channeling funds to such  public
     7  works  projects  for  the  employment  of qualified local residents will
     8  reduce unemployment while improving the welfare  of  its  residents  and
     9  facilitating the completing of public works projects more quickly, effi-
    10  ciently and economically.
    11    Therefore, the legislature declares that in certain limited situations
    12  there shall be a preference for qualified local labor.
    13    § 3. The labor law is amended by adding a new section 220-i to read as
    14  follows:
    15    §  220-i.  Use  of  qualified  local  labor.    1. Notwithstanding the
    16  provisions of any general, special or local law to the contrary, in  the
    17  construction  of  public  works  providing  for the expenditure of state
    18  public money, any agency, board, department, commission  or  officer  of
    19  the  state  of  New  York,  or  of  any political subdivision thereof as
    20  defined in section one hundred of the general municipal  law,  municipal
    21  corporation  as defined in section sixty-six of the general construction
    22  law, public benefit corporation, or local or state authority as  defined
    23  in  section  two  of the public authorities law having jurisdiction over
    24  the public work shall require a contractor awarded a  contract,  subcon-
    25  tract,  lease, grant, bond, covenant or other agreement for a project to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05229-01-1

        A. 1111                             2

     1  employ qualified local residents who  are  unemployed  at  the  time  as
     2  laborers,  workmen or mechanics on said public work project whenever the
     3  unemployment rate for construction workers in a  regional  area  in  New
     4  York  state  as determined and published by the department to be six per
     5  centum or more for  a  period  of  three  consecutive  months  and  said
     6  requirement  shall continue until such time as the unemployment rate for
     7  such construction workers in the regional area shall be  below  six  per
     8  centum for three consecutive months.
     9    2. Notwithstanding the provisions of any general, special or local law
    10  to  the  contrary, in the construction of public works providing for the
    11  expenditure of  state  public  money,  any  agency,  board,  department,
    12  commission  or  officer  of  the  state of New York, or of any political
    13  subdivision thereof as defined in section one  hundred  of  the  general
    14  municipal  law, municipal corporation as defined in section sixty-six of
    15  the general construction law, public benefit corporation,  or  local  or
    16  state  authority as defined in section two of the public authorities law
    17  having jurisdiction over the public  work  shall  require  a  contractor
    18  awarded  a  contract, subcontract, lease, grant, bond, covenant or other
    19  agreement for a project to employ local residents as  laborers,  workmen
    20  or  mechanics  on  said  public  work  project  during  and for the work
    21  involved with such project when such requirement is part of the  agency,
    22  board, department, commission or officer of the state of New York, poli-
    23  tical  subdivision, municipal corporation, public benefit corporation or
    24  local or state  authority  having  jurisdiction  over  the  public  work
    25  request  for  proposals  for  the  project  and  when the agency, board,
    26  department, commission or officer of the state of  New  York,  political
    27  subdivision,  municipal corporation, public benefit corporation or local
    28  or state authority having jurisdiction over the public  work  determines
    29  that  the public work project will be completed more quickly, more effi-
    30  ciently and more economically, that its interest in obtaining  the  best
    31  work  at  the lowest possible price and other considerations such as the
    32  impact of delay and the possibility of cost savings advantages, are best
    33  met by requiring qualified local residents.
    34    3. For purposes of this section "qualified local residents" shall mean
    35  citizens of the state of New York who have been residing in the regional
    36  area of the state where the public works project is located for at least
    37  twelve consecutive months immediately prior to the commencement of their
    38  employment on the public works project. Each  qualified  local  resident
    39  shall  furnish  satisfactory  proof  of  residence and qualifications in
    40  their trade or skill, in accordance with rules and procedures adopted by
    41  the commissioner.
    42    4. A violation of this section  shall  constitute  a  misdemeanor  and
    43  shall  be  punishable  by a fine of not less than fifty dollars nor more
    44  than five hundred dollars, or by imprisonment for not less  than  thirty
    45  nor  more than ninety days, or by both fine and imprisonment. Each sepa-
    46  rate case of failure to employ qualified local residents on public works
    47  projects constitutes a separate offense.
    48    § 4. This act shall take effect on the thirtieth day  after  it  shall
    49  have become a law and shall control all contracts advertised or solicit-
    50  ed for bid on or after such effective date.
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