As used in this chapter, the following terms
shall have the meaning indicated:
ALIEN
Any person who is not a citizen or national of the United
States.
AWARDING AGENCY
That subordinate or component entity or person of the County
of Putnam that is responsible for solicitation of proposals or bids
and responsible for the award and administration of contracts, license
agreements, leases and other financial compensation agreements.
COMPENSATION
A.
Any grant, loan, tax incentive funding, appropriation,
payment, subsidy or other form of financial assistance which is realized
by or provided to a covered employer, or the owners thereof, by or
through the authority or approval of the County of Putnam, including,
but not limited to, Community Development Block Grant (CDBG) loans,
Industrial Development Agency (IDA) financing or leasing, and Empire
Zone activities.
B.
Any contract, subcontract, license agreement,
lease, or other financial compensation agreement let to a person with
or by the County of Putnam for the furnishing of services, goods,
equipment, supplies, materials, public works, or other property to
or for the County of Putnam
CONTRACTOR
A person who contracts to do work for another. The term does
not include wholesalers.
COUNTY
The County of Putnam, any agency, office, position, administration,
department, division, bureau, board, commission, corporation, public
authority or unit of government, the expenses of which are to be paid
in whole or in part by the County of Putnam or over which majority
control is exercised by officers of the County of Putnam or of a County-affiliated
agency or their appointees.
COVERED EMPLOYEE
An individual employed on either a full-time, part-time,
temporary or seasonal basis, by a covered employer, to perform work
on or for the project or matter for which the recipient has received
compensation.
COVERED EMPLOYER
A recipient of, or an applicant for, compensation that is
not exempt from this chapter and who has at least one covered employee
working within the County of Putnam, or at least one fifty-percent
or more owner living within the County of Putnam.
PERSON
One or more of the following or their agents, employees,
representatives and legal representatives: individuals, corporations,
partnerships, joint ventures, associations, labor organizations, educational
institutions, mutual companies, joint-stock companies, all trusts,
unincorporated organizations, trustees, trustees in bankruptcy, receivers,
fiduciaries and other entities recognized at law by this County.
PROTECTED INDIVIDUAL
An individual who a) is a citizen or national of the United
States or b) is an alien who is lawfully admitted for permanent residence,
is granted the status of an alien lawfully admitted for temporary
residence under 8 U.S.C. § 1160(a) or § 1255a(a)(1),
is admitted as a refugee under 8 U.S.C. § 1157, or is granted
asylum under 8 U.S.C. § 1158; but does not include i) an
alien who fails to apply for naturalization within six months of the
date the alien first becomes eligible (by virtue of period of lawful
permanent residence) to apply for naturalization or, if later, within
six months after the date of enactment of 8 U.S.C. § 1324b,
and ii) an alien who has applied on a timely basis but has not been
naturalized as a citizen within two years after the date of application,
unless the alien can establish that the alien is actively pursuing
naturalization.
RECIPIENT
Any person or entity that is a recipient of compensation,
as defined in this chapter, and any contractor or subcontractor of
a recipient producing or providing goods, materials, supplies, public
works, or services to a recipient that are used by that recipient
in the project or matter for which the recipient has received compensation.
SEASONAL
A period of time not to exceed 90 consecutive days at any
given time within a six-month period.
SUBCONTRACTOR
A person who takes portions of a contract from a covered
employer, a contractor or another subcontractor. This term does not
include wholesalers.
WHOLESALER
A person who buys in comparatively large quantities and then
resells, usually in small quantities, to a middleman or retailer,
but never to the ultimate consumer.
The Putnam County Department of Law shall promulgate rules and regulations as it deems necessary and appropriate for the implementation and enforcement of any provisions of this chapter. Such rules shall govern the conduct of adjudicatory proceedings and appeals taken pursuant to a proceeding commenced under Article 78 of the Civil Practice Law and Rules relating to the assessment of civil penalties herein authorized and such other penalties authorized under §
134-8D of this chapter. Such rules shall further provide for due process procedural mechanisms and any other mechanisms deemed necessary by the Putnam County Department of Law.
If any clause, sentence, paragraph, subdivision,
section, or part of this chapter or the application thereof to any
person, individual, corporation, firm, partnership, entity, or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section, or part
of this chapter or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
This Legislature, being the State Environmental
Quality Review Act (SEQRA) lead agency, hereby finds and determines
that this chapter constitutes a Type II action pursuant to Section
617.5(c)(20), (21), and/or (27) of Title 6 of the New York Code of
Rules and Regulations (6 NYCRR) and within the meaning of Subdivision
2, 8-01092, of the New York Environmental Conservation Law as a promulgation
of regulations, rules, policies, procedures, and legislative decisions
in connection with continuing agency administration, management and
information collection.