NY State Assembly Bill 2011-A7839

Assembly Bill A7839

2011-2012 Legislative Session

Relates to authorizing the state and public authorities and public corporations to provide surety bonds and insurance policies for building or construction projects

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2011	enacting clause stricken
Jun 03, 2011	print number 7839b
Jun 03, 2011	amend and recommit to insurance
May 25, 2011	print number 7839a
May 25, 2011	amend (t) and recommit to insurance
May 19, 2011	referred to insurance

Bill Amendments

Original

B (Active)

co-Sponsors

2011-A7839 - Details

See Senate Version of this Bill:: S4952
Law Section:: Insurance Law
Laws Affected:: Amd §2504, Ins L

2011-A7839 - Summary

Relates to authorizing the state and public authorities and public corporations to provide surety bonds and insurance policies for building or construction projects.

2011-A7839 - Bill Text download pdf

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

                                  7839

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of A. BING, MORELLE -- read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law, in relation to authorizing the state,
  public corporations and public authorities to provide  wrap-up  insur-
  ance   programs  and  surety  bonds  for  their  public  building  and
  construction projects

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2504  of the insurance law is amended to read as
follows:
  S 2504. Designation of particular insurer, agent or broker for  insur-
ance  in  certain  public  construction contracts. (a) (1) No officer or
employee of this state, or of  any  public  corporation  as  defined  in
section  sixty-six  of  the  general  construction law, or of any public
authority, and no person acting or purporting to act on behalf  of  such
officer,  employee,  public corporation or public authority, shall, with
respect to any public building or construction contract which  is  about
to  be, or which has been, competitively bid, require the bidder to make
application to any particular insurance company, agent or broker for  or
to obtain or procure therefrom, any surety bond or contract of insurance
specified  in  connection  with  such contract, or specified by any law,
general, special or local.
  (2) In paragraph one hereof, "public corporation" and "public authori-
ty" shall not include:
  (A) a public corporation  or  public  authority  created  pursuant  to
agreement or compact with another state, or
  (B) the city of New York, a public corporation or public authority, in
connection  with  the  construction  of electrical generating and trans-
mission facilities or construction, extensions and  additions  of  light
rail or heavy rail rapid transit and commuter railroads.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11011-01-1

A. 7839                             2

  (b)  [No  such officer or employee, and no person, firm or corporation
acting or purporting to act on behalf of such officer or employee, shall
negotiate, make application for, obtain or procure any  of  such  surety
bonds  or  contracts  of  insurance  (except  contracts of insurance for
builders  risk  or owners protective liability) which can be obtained or
procured by the bidder, contractor or subcontractor] THIS SECTION  SHALL
NOT  PREVENT THE STATE, A PUBLIC CORPORATION OR PUBLIC AUTHORITY, OR ANY
PERSON, FIRM OR CORPORATION ACTING OR PURPORTING TO ACT ON  ITS  BEHALF,
FROM PROVIDING SURETY BONDS OR INSURANCE POLICIES REQUIRED BY ANY PUBLIC
BUILDING   OR  CONSTRUCTION  CONTRACT  WITHOUT  REIMBURSEMENT  FROM  THE
CONTRACTOR OR SUBCONTRACTOR, OR FROM  REQUIRING  THAT  A  CONTRACTOR  OR
SUBCONTRACTOR  ACCOUNT  FOR, OR OTHERWISE PROVIDE A CREDIT IN HIS OR HER
BID WHICH REFLECTS, THE AMOUNT THE BIDDING CONTRACTOR  OR  SUBCONTRACTOR
WOULD  OTHERWISE  ADD  IF HE OR SHE PROVIDED HIS OR HER OWN INSURANCE AS
REQUIRED IN THE BID SPECIFICATIONS.
  (c) This section shall not[, however,] prevent the  exercise  by  such
officer or employee on behalf of the state or such public corporation or
public  authority  of  its  right  to  approve the form, sufficiency, or
manner of execution, of surety bonds or contracts of insurance furnished
by the insurance company selected by the bidder to underwrite such bonds
or contracts.
  (D) Any provisions in any invitation  for  bids,  or  in  any  of  the
contract documents, WHICH ARE in conflict [herewith] WITH THE PROVISIONS
OF THIS SECTION are contrary to the public policy of this state.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-A7839A - Details

See Senate Version of this Bill:: S4952
Law Section:: Insurance Law
Laws Affected:: Amd §2504, Ins L

2011-A7839A - Summary

Relates to authorizing the state and public authorities and public corporations to provide surety bonds and insurance policies for building or construction projects.

2011-A7839A - Bill Text download pdf

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

                                 7839--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of A. BING, MORELLE -- read once and referred to the
  Committee on Insurance -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the insurance law, in relation to authorizing any city
  with a population of one million or more to provide wrap-up  insurance
  programs  and  surety bonds for their public building and construction
  projects; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2504  of the insurance law is amended to read as
follows:
  S 2504. Designation of particular insurer, agent or broker for  insur-
ance  in  certain  public  construction contracts. (a) (1) No officer or
employee of this state, or of  any  public  corporation  as  defined  in
section  sixty-six  of  the  general  construction law, or of any public
authority, and no person acting or purporting to act on behalf  of  such
officer,  employee,  public corporation or public authority, shall, with
respect to any public building or construction contract which  is  about
to  be, or which has been, competitively bid, require the bidder to make
application to any particular insurance company, agent or broker for  or
to obtain or procure therefrom, any surety bond or contract of insurance
specified  in  connection  with  such contract, or specified by any law,
general, special or local.
  (2) In paragraph one hereof, "public corporation" and "public authori-
ty" shall not include:
  (A) a public corporation  or  public  authority  created  pursuant  to
agreement or compact with another state, or
  (B) the city of New York, a public corporation or public authority, in
connection  with  the  construction  of electrical generating and trans-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11011-02-1

A. 7839--A                          2

mission facilities or construction, extensions and  additions  of  light
rail or heavy rail rapid transit and commuter railroads.
  (b)  [No]  EXCEPT AS SET FORTH BELOW, NO such officer or employee, and
no person, firm or corporation acting or purporting to act on behalf  of
such  officer or employee, shall negotiate, make application for, obtain
or procure any of such surety bonds or contracts  of  insurance  (except
contracts of insurance for builders risk or owners protective liability)
which  can  be obtained or procured by the bidder, contractor or subcon-
tractor. NOTWITHSTANDING THE ABOVE, THIS SECTION SHALL NOT  PREVENT  ANY
CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, OR ANY PERSON, FIRM OR
CORPORATION ACTING OR PURPORTING TO ACT ON ITS  BEHALF,  FROM  PROVIDING
SURETY  BONDS  OR  INSURANCE POLICIES REQUIRED BY ANY PUBLIC BUILDING OR
CONSTRUCTION CONTRACT  WITHOUT  REIMBURSEMENT  FROM  THE  CONTRACTOR  OR
SUBCONTRACTOR,  OR  FROM  REQUIRING  THAT  A CONTRACTOR OR SUBCONTRACTOR
ACCOUNT FOR, OR OTHERWISE PROVIDE A CREDIT  IN  HIS  OR  HER  BID  WHICH
REFLECTS,  THE  AMOUNT  THE  BIDDING  CONTRACTOR  OR SUBCONTRACTOR WOULD
OTHERWISE ADD IF HE OR SHE PROVIDED HIS OR HER OWN INSURANCE AS REQUIRED
IN THE BID SPECIFICATIONS.  FOR  ANY  PUBLIC  BUILDING  OR  CONSTRUCTION
CONTRACT  WHERE  ANY  CITY  OR ANY PERSON, FIRM OR CORPORATION ACTING OR
PURPORTING TO ACT ON ITS BEHALF, PROVIDES SUCH SURETY BONDS OR INSURANCE
POLICIES, THE CITY  SHALL  FURTHER  REQUIRE  THAT  EACH  CONTRACTOR  AND
SUBCONTRACTOR  SHALL  PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE
TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE  DEPARTMENT  OF
LABOR  FOR  NOT  LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST
ONE APPRENTICE IN THE LAST THREE YEARS  AND  SHALL  HAVE  AT  LEAST  ONE
APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM.
  (c)  This  section  shall  not,  however, prevent the exercise by such
officer or employee on behalf of the state or such public corporation or
public authority of its right  to  approve  the  form,  sufficiency,  or
manner of execution, of surety bonds or contracts of insurance furnished
by the insurance company selected by the bidder to underwrite such bonds
or contracts.
  (D)  Any  provisions  in  any  invitation  for  bids, or in any of the
contract documents, in conflict herewith  are  contrary  to  the  public
policy of this state.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
contracts for which a solicitation was issued within five years  of  the
effective  date  of this act. Except with regard to such contracts, this
act shall expire and be deemed repealed five years  after  the  date  on
which it shall have taken effect.

co-Sponsors

multi-Sponsors

2011-A7839B (ACTIVE) - Details

See Senate Version of this Bill:: S4952
Law Section:: Insurance Law
Laws Affected:: Amd §2504, Ins L

2011-A7839B (ACTIVE) - Summary

Relates to authorizing the state and public authorities and public corporations to provide surety bonds and insurance policies for building or construction projects.

2011-A7839B (ACTIVE) - Bill Text download pdf

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

                                 7839--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of A. BING, MORELLE -- read once and referred to the
  Committee on Insurance -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the insurance law, in relation to authorizing any city
  with a population of one million or more to provide wrap-up  insurance
  programs  and  surety bonds for their public building and construction
  projects; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2504  of the insurance law is amended to read as
follows:
  S 2504. Designation of particular insurer, agent or broker for  insur-
ance  in  certain  public  construction contracts. (a) (1) No officer or
employee of this state, or of  any  public  corporation  as  defined  in
section  sixty-six  of  the  general  construction law, or of any public
authority, and no person acting or purporting to act on behalf  of  such
officer,  employee,  public corporation or public authority, shall, with
respect to any public building or construction contract which  is  about
to  be, or which has been, competitively bid, require the bidder to make
application to any particular insurance company, agent or broker for  or
to obtain or procure therefrom, any surety bond or contract of insurance
specified  in  connection  with  such contract, or specified by any law,
general, special or local.
  (2) In paragraph one hereof, "public corporation" and "public authori-
ty" shall not include:
  (A) a public corporation  or  public  authority  created  pursuant  to
agreement or compact with another state, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11011-03-1

A. 7839--B                          2

  (B) the city of New York, a public corporation or public authority, in
connection  with  the  construction  of electrical generating and trans-
mission facilities or construction, extensions and  additions  of  light
rail or heavy rail rapid transit and commuter railroads.
  (b)  [No]  EXCEPT AS SET FORTH BELOW, NO such officer or employee, and
no person, firm or corporation acting or purporting to act on behalf  of
such  officer or employee, shall negotiate, make application for, obtain
or procure any of such surety bonds or contracts  of  insurance  (except
contracts of insurance for builders risk or owners protective liability)
which  can  be obtained or procured by the bidder, contractor or subcon-
tractor. NOTWITHSTANDING THE ABOVE, THIS SECTION SHALL NOT PREVENT,  FOR
ANY  CONTRACT  THAT  IS SUBJECT TO A PROJECT LABOR AGREEMENT PURSUANT TO
SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, ANY CITY WITH  A  POPU-
LATION OF ONE MILLION OR MORE, OR ANY PERSON, FIRM OR CORPORATION ACTING
OR  PURPORTING  TO  ACT  ON  ITS  BEHALF, FROM PROVIDING SURETY BONDS OR
INSURANCE POLICIES REQUIRED  BY  ANY  PUBLIC  BUILDING  OR  CONSTRUCTION
CONTRACT  WITHOUT REIMBURSEMENT FROM THE CONTRACTOR OR SUBCONTRACTOR, OR
FROM REQUIRING THAT A CONTRACTOR OR SUBCONTRACTOR ACCOUNT FOR, OR OTHER-
WISE PROVIDE A CREDIT IN HIS OR HER BID WHICH REFLECTS, THE  AMOUNT  THE
BIDDING  CONTRACTOR  OR  SUBCONTRACTOR  WOULD OTHERWISE ADD IF HE OR SHE
PROVIDED HIS OR HER OWN INSURANCE AS REQUIRED IN THE BID SPECIFICATIONS.
  (c) This section shall not, however,  prevent  the  exercise  by  such
officer or employee on behalf of the state or such public corporation or
public  authority  of  its  right  to  approve the form, sufficiency, or
manner of execution, of surety bonds or contracts of insurance furnished
by the insurance company selected by the bidder to underwrite such bonds
or contracts.
  (D) Any provisions in any invitation  for  bids,  or  in  any  of  the
contract  documents,  in  conflict  herewith  are contrary to the public
policy of this state.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
contracts  for  which a solicitation was issued within five years of the
effective date of this act. Except with regard to such  contracts,  this
act  shall  expire  and  be deemed repealed five years after the date on
which it shall have taken effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A7839

Share this bill

Sponsored By

BING

Archive: Last Bill Status - Stricken

Bill Amendments

co-Sponsors

Joseph Morelle

2011-A7839 - Details

2011-A7839 - Summary

2011-A7839 - Bill Text download pdf

co-Sponsors

Joseph Morelle

2011-A7839A - Details

2011-A7839A - Summary

2011-A7839A - Bill Text download pdf

co-Sponsors

Joseph Morelle

Matthew Titone

multi-Sponsors

William Boyland

2011-A7839B (ACTIVE) - Details

2011-A7839B (ACTIVE) - Summary

2011-A7839B (ACTIVE) - Bill Text download pdf

Comments