2006 New York Code - Special September Eleventh Bidders Registry.

 
    * §   349.   Special  September  eleventh  bidders  registry.  1.  The
  department  is  authorized  to  promulgate  the  necessary   rules   and
  regulations  to  establish  a  registry  of  apparel  manufacturers  and
  contractors adversely impacted by the September eleventh,  two  thousand
  one  attack  on  the  United  States  of  America.  For purposes of this
  section, "the September eleventh, two thousand one attack on the  United
  States  of  America"  shall  consist  of  the  attack on the World Trade
  Center, the attack on the Pentagon and the  hijackings  and  crashes  of
  United  Airlines flights 93 and 175 and American Airlines flights 11 and
  77.
    2. In order to be registered, the  manufacturer  or  contractor  shall
  substantiate that:
    a.  such manufacturer or contractor was registered with the department
  pursuant to section three hundred  forty-one  of  this  article,  as  of
  September  eleventh,  two  thousand,  and  had  been  continuously doing
  business until and  including  September  eleventh,  two  thousand  one;
  provided,  however,  that  a  manufacturer  or contractor that otherwise
  meets the requirements of this section but reorganized its business form
  or changed its name as a result of an adverse impact from the  September
  eleventh, two thousand one attack on the United States of America, shall
  be deemed to meet the qualifications for registration;
    b.   such   manufacturer   or  contractor  has  demonstrated,  through
  cooperative labor management efforts,  a  commitment  to  improving  the
  economic well-being of their employees; and
    c.  neither  the  business  entity,  nor  any owner or partner of such
  entity, has in the previous five years been found in  violation  of  the
  workers'  compensation law or any other state or federal labor law, rule
  or regulation.
    3. For purposes of this section, the term "adversely  impacted"  shall
  mean  that  a  manufacturer or contractor was forced to shut production,
  lay off  employees  or  otherwise  diminish  their  economic  worthiness
  because  of  their location, the loss of access to employees, production
  equipment, utilities or other factors which occurred in the aftermath of
  the September eleventh, two thousand one attack on the United States  of
  America.
    4.   For  purposes  of  procurements  of  apparel  and  textiles,  the
  department shall make  the  registry  available  to  any  state  agency,
  department,  board,  bureau, commission, division, or any public benefit
  corporation, public authority, a majority of whose members are appointed
  by the governor, and if requested, to political subdivisions.
    5. Manufacturers and contractors may be removed from the  registry  in
  the  discretion of and as determined by the department. Any manufacturer
  or contractor who knowingly submits false or misleading  information  in
  order to qualify for placement on the list under this section shall be:
    (a) guilty of a class A misdemeanor;
    (b)  be  subject  to  a  civil  penalty  of not more than five hundred
  dollars; or
    (c) guilty of a class A misdemeanor and subject to such civil  penalty
  as provided in paragraph (b) of this subdivision.
    * NB Repealed September 1, 2006