New York Laws
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.