senate Bill S5202B

2011-2012 Legislative Session

Relates to claims and actions against the New York city school construction authority arising out of contracts

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 13, 2012 amended on third reading 5202b
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.800
May 03, 2012 print number 5202a
amend and recommit to finance
Mar 19, 2012 reported and committed to finance
Jan 04, 2012 referred to corporations, authorities and commissions
May 18, 2011 reported and committed to finance
May 03, 2011 referred to corporations, authorities and commissions

Votes

view votes

May 15, 2012 - Finance committee Vote

S5202A
28
2
committee
28
Aye
2
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Mar 19, 2012 - Corporations, Authorities and Commissions committee Vote

S5202
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 19, 2012

aye wr (1)

May 18, 2011 - Corporations, Authorities and Commissions committee Vote

S5202
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 18, 2011

aye wr (1)

S5202 - Details

See Assembly Version of this Bill:
A7768B
Law Section:
Public Authorities Law
Laws Affected:
Amd §1744, Pub Auth L

S5202 - Summary

Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.

S5202 - Sponsor Memo

S5202 - Bill Text download pdf

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

                                  5202

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the public authorities law, in relation  to  claims  and
  actions  against the New York city school construction authority aris-
  ing out of contracts

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

  Section  1.  Subdivision  2  of section 1744 of the public authorities
law, as added by chapter 738 of the laws of 1988, is amended to read  as
follows:
  2.  No action or proceeding for any cause whatever, other than the one
for personal injury, death, property damage  or  tort,  which  shall  be
governed  by  subdivision  one  of this section, relating to the design,
construction,  reconstruction,  improvement,   rehabilitation,   repair,
furnishing  or  equipping of educational facilities, shall be prosecuted
or maintained against the authority or any member,  officer,  agent,  or
employee  thereof, unless (i) it shall appear by and as an allegation in
the complaint or moving  papers,  that  a  detailed,  written,  verified
notice of each claim upon which any part of such action or proceeding is
founded was presented to the board within three months after the accrual
of  such claim, that at least thirty days have elapsed since such notice
was so presented and that the authority or the officer  or  body  having
the  power  to adjust or pay said claim has neglected or refused to make
an adjustment or payment thereof, and  (ii)  the  action  or  proceeding
shall  have  been  commenced  within one year after the happening of the
event upon which the claim is based;  provided,  however,  that  nothing
contained in this subdivision shall be deemed to modify or supersede any
provision  of  law  or  contract  specifying a shorter period of time in
which to commence such action or proceeding,  or  to  excuse  compliance
with  any other conditions required by contract to be satisfied prior to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10326-01-1

S5202A - Details

See Assembly Version of this Bill:
A7768B
Law Section:
Public Authorities Law
Laws Affected:
Amd §1744, Pub Auth L

S5202A - Summary

Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.

S5202A - Sponsor Memo

S5202A - Bill Text download pdf

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

                                 5202--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- recommitted to the Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation  to  claims  and
  actions  against the New York city school construction authority aris-
  ing out of contracts

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

  Section  1.  Subdivision  2  of section 1744 of the public authorities
law, as added by chapter 738 of the laws of 1988, is amended to read  as
follows:
  2.  No action or proceeding for any cause whatever, other than the one
for personal injury, death, property damage  or  tort,  which  shall  be
governed  by  subdivision  one  of this section, relating to the design,
construction,  reconstruction,  improvement,   rehabilitation,   repair,
furnishing  or  equipping of educational facilities, shall be prosecuted
or maintained against the authority or any member,  officer,  agent,  or
employee  thereof, unless (i) it shall appear by and as an allegation in
the complaint or moving  papers,  that  a  detailed,  written,  verified
notice of each claim upon which any part of such action or proceeding is
founded was presented to the board within three months after the accrual
of  such claim, that at least thirty days have elapsed since such notice
was so presented and that the authority or the officer  or  body  having
the  power  to adjust or pay said claim has neglected or refused to make
an adjustment or payment thereof, and  (ii)  the  action  or  proceeding
shall  have  been  commenced  within one year after the happening of the
event upon which the claim is based;  provided,  however,  that  nothing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10326-02-2

S5202B (ACTIVE) - Details

See Assembly Version of this Bill:
A7768B
Law Section:
Public Authorities Law
Laws Affected:
Amd §1744, Pub Auth L

S5202B (ACTIVE) - Summary

Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.

S5202B (ACTIVE) - Sponsor Memo

S5202B (ACTIVE) - Bill Text download pdf

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

                                 5202--B
    Cal. No. 800

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- recommitted to the Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend the public authorities law, in relation to claims and
  actions against the New York city school construction authority  aris-
  ing out of contracts

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

  Section 1. Subdivision 2 of section 1744  of  the  public  authorities
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  2. No action or proceeding for any cause whatever, other than the  one
for  personal  injury,  death,  property  damage or tort, which shall be
governed by subdivision one of this section,  relating  to  the  design,
construction,   reconstruction,   improvement,  rehabilitation,  repair,
furnishing or equipping of educational facilities, shall  be  prosecuted
or  maintained  against  the authority or any member, officer, agent, or
employee thereof, unless (i) it shall appear by and as an allegation  in
the  complaint  or  moving  papers,  that  a detailed, written, verified
notice of each claim upon which any part of such action or proceeding is
founded was presented to the board within three months after the accrual
of such claim, that at least thirty days have elapsed since such  notice
was  so  presented  and that the authority or the officer or body having
the power to adjust or pay said claim has neglected or refused  to  make

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

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