A5338-2011 Actions

• Jun 1, 2011: enacting clause stricken
• Feb 16, 2011: referred to labor

A5338-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5338
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 16, 2011
 
 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:

 

Section  1.  Short  title. This act shall be known and may be cited as
 the "Regional Labor Protection Act of 2011".
 

S 2. Legislative findings. The legislature hereby finds  and  declares
 that  in  order  to  increase  employment of state residents, especially
 construction workers, it shall invest in public works projects.
 The legislature further declares that channeling funds to such  public
 works  projects  for  the  employment  of qualified local residents will
 reduce unemployment while improving the welfare  of  its  residents  and
 facilitating the completing of public works projects more quickly, effi
 ciently and economically.
 Therefore, the legislature declares that in certain limited situations
 there shall be a preference for qualified local labor.
 

S 3. The labor law is amended by adding a new section 220-i to read as
 follows:

 

S  220-I.  USE  OF  QUALIFIED  LOCAL  LABOR.    1. NOTWITHSTANDING THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, IN  THE
 CONSTRUCTION  OF  PUBLIC  WORKS  PROVIDING  FOR THE EXPENDITURE OF STATE
 PUBLIC MONEY, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION  OR  OFFICER  OF
 THE  STATE  OF  NEW  YORK,  OR  OF  ANY POLITICAL SUBDIVISION THEREOF AS
 DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL  LAW,  MUNICIPAL
 CORPORATION  AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
 LAW, PUBLIC BENEFIT CORPORATION, OR LOCAL OR STATE AUTHORITY AS  DEFINED
 IN  SECTION  TWO  OF THE PUBLIC AUTHORITIES LAW HAVING JURISDICTION OVER
 THE PUBLIC WORK SHALL REQUIRE A CONTRACTOR AWARDED A  CONTRACT,  SUBCON
 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.
 LBD08923-01-1
 
       A. 5338                             2
 EMPLOY QUALIFIED LOCAL RESIDENTS WHO  ARE  UNEMPLOYED  AT  THE  TIME  AS
 LABORERS,  WORKMEN OR MECHANICS ON SAID PUBLIC WORK PROJECT WHENEVER THE
 UNEMPLOYMENT RATE FOR CONSTRUCTION WORKERS IN A  REGIONAL  AREA  IN  NEW
 YORK  STATE  AS DETERMINED AND PUBLISHED BY THE DEPARTMENT TO BE SIX PER
 CENTUM OR MORE FOR  A  PERIOD  OF  THREE  CONSECUTIVE  MONTHS  AND  SAID
 REQUIREMENT  SHALL CONTINUE UNTIL SUCH TIME AS THE UNEMPLOYMENT RATE FOR
 SUCH CONSTRUCTION WORKERS IN THE REGIONAL AREA SHALL BE  BELOW  SIX  PER
 CENTUM FOR THREE CONSECUTIVE MONTHS.
 2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
 TO  THE  CONTRARY, IN THE CONSTRUCTION OF PUBLIC WORKS PROVIDING FOR THE
 EXPENDITURE OF  STATE  PUBLIC  MONEY,  ANY  AGENCY,  BOARD,  DEPARTMENT,
 COMMISSION  OR  OFFICER  OF  THE  STATE OF NEW YORK, OR OF ANY POLITICAL
 SUBDIVISION THEREOF AS DEFINED IN SECTION ONE  HUNDRED  OF  THE  GENERAL
 MUNICIPAL  LAW, MUNICIPAL CORPORATION AS DEFINED IN SECTION SIXTY-SIX OF
 THE GENERAL CONSTRUCTION LAW, PUBLIC BENEFIT CORPORATION,  OR  LOCAL  OR
 STATE  AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW
 HAVING JURISDICTION OVER THE PUBLIC  WORK  SHALL  REQUIRE  A  CONTRACTOR
 AWARDED  A  CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR OTHER
 AGREEMENT FOR A PROJECT TO EMPLOY LOCAL RESIDENTS AS  LABORERS,  WORKMEN
 OR  MECHANICS  ON  SAID  PUBLIC  WORK  PROJECT  DURING  AND FOR THE WORK
 INVOLVED WITH SUCH PROJECT WHEN SUCH REQUIREMENT IS PART OF THE  AGENCY,
 BOARD, DEPARTMENT, COMMISSION OR OFFICER OF THE STATE OF NEW YORK, POLI
 TICAL  SUBDIVISION, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR
 LOCAL OR STATE  AUTHORITY  HAVING  JURISDICTION  OVER  THE  PUBLIC  WORK
 REQUEST  FOR  PROPOSALS  FOR  THE  PROJECT  AND  WHEN THE AGENCY, BOARD,
 DEPARTMENT, COMMISSION OR OFFICER OF THE STATE OF  NEW  YORK,  POLITICAL
 SUBDIVISION,  MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION OR LOCAL
 OR STATE AUTHORITY HAVING JURISDICTION OVER THE PUBLIC  WORK  DETERMINES
 THAT  THE PUBLIC WORK PROJECT WILL BE COMPLETED MORE QUICKLY, MORE EFFI
 CIENTLY AND MORE ECONOMICALLY, THAT ITS INTEREST IN OBTAINING  THE  BEST
 WORK  AT  THE LOWEST POSSIBLE PRICE AND OTHER CONSIDERATIONS SUCH AS THE
 IMPACT OF DELAY AND THE POSSIBILITY OF COST SAVINGS ADVANTAGES, ARE BEST
 MET BY REQUIRING QUALIFIED LOCAL RESIDENTS.
 3. FOR PURPOSES OF THIS SECTION "QUALIFIED LOCAL RESIDENTS" SHALL MEAN
 CITIZENS OF THE STATE OF NEW YORK WHO HAVE BEEN RESIDING IN THE REGIONAL
 AREA OF THE STATE WHERE THE PUBLIC WORKS PROJECT IS LOCATED FOR AT LEAST
 TWELVE CONSECUTIVE MONTHS IMMEDIATELY PRIOR TO THE COMMENCEMENT OF THEIR
 EMPLOYMENT ON THE PUBLIC WORKS PROJECT. EACH  QUALIFIED  LOCAL  RESIDENT
 SHALL  FURNISH  SATISFACTORY  PROOF  OF  RESIDENCE AND QUALIFICATIONS IN
 THEIR TRADE OR SKILL, IN ACCORDANCE WITH RULES AND PROCEDURES ADOPTED BY
 THE COMMISSIONER.
 4. A VIOLATION OF THIS SECTION  SHALL  CONSTITUTE  A  MISDEMEANOR  AND
 SHALL  BE  PUNISHABLE  BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT LESS  THAN  THIRTY
 NOR  MORE THAN NINETY DAYS, OR BY BOTH FINE AND IMPRISONMENT. EACH SEPA
 RATE CASE OF FAILURE TO EMPLOY QUALIFIED LOCAL RESIDENTS ON PUBLIC WORKS
 PROJECTS CONSTITUTES A SEPARATE OFFENSE.
 

S 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law and shall control all contracts advertised or solicit
 ed for bid on or after such effective date.

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