S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4737

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  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 2015".
  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.
                                                           LBD06717-01-5
              

A. 4737                             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.