S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9742
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 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 2018".
   § 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.
   § 3. The labor law is amended by adding a new section 220-i to read as
 follows:
   §  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07121-02-8

 A. 9742                             2
 
 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.
   §  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.