senate Bill S6158A

2011-2012 Legislative Session

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project

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Archive: Last Bill Status -


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 21, 2012 advanced to third reading
amended (t) 6158a
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.803
Jan 09, 2012 referred to finance

Votes

view votes

May 15, 2012 - Finance committee Vote

S6158
25
2
committee
25
Aye
2
Nay
7
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

S6158 - Details

See Assembly Version of this Bill:
A8473A
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L; amd §756-c, Gen Bus L

S6158 - Summary

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

S6158 - Sponsor Memo

S6158 - Bill Text download pdf

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

                                  6158

                            I N  S E N A T E

                             January 9, 2012
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law and the general municipal law,  in
  relation  to requiring full payment for delivered materials pertaining
  to public work projects; and to amend the  general  business  law,  in
  relation  to  prohibiting the retention of any payment due and owing a
  material supplier for a construction project

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

  Section  1. Subdivisions 1 and 2 of section 139-f of the state finance
law, subdivision 1 as added by chapter 769  of  the  laws  of  1978  and
subdivision  2  as amended by section 16 of part MM of chapter 57 of the
laws of 2008, are amended to read as follows:
  1. Payment by public owners to contractors. The contractor shall peri-
odically, in accordance with the terms of the contract,  submit  to  the
public owner and/or [his] ITS agent a requisition for a progress payment
for  the  work  performed  and/or materials furnished to the date of the
requisition, less any amount previously  paid  to  the  contractor.  The
public  owner shall in accordance with the terms of the contract approve
and promptly pay the requisition for the progress payment less an amount
necessary to satisfy any claims, liens or judgments against the contrac-
tor which have not been suitably discharged and less any retained amount
as hereafter described. The public owner shall retain not more than five
per centum of each progress payment, NOT INCLUDING ANY PAYMENT FOR MATE-
RIALS PERTINENT TO  THE  PROJECT  WHICH  HAVE  BEEN  DELIVERED,  to  the
contractor except that the public owner may retain in excess of five per
centum  but  not  more than ten per centum of each progress payment, NOT
INCLUDING ANY PAYMENT FOR MATERIALS PERTINENT TO THE PROJECT WHICH  HAVE
BEEN  DELIVERED,  to  the contractor provided that there are no require-
ments by the public owner for the contractor to  provide  a  performance
bond  and  a  labor  and  material  bond  both in the full amount of the
contract. The public owner shall pay IN FULL, upon requisition from  the
contractor,  for  ALL materials pertinent to the project which have been
delivered to the site or off-site by the contractor and/or subcontractor

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

S6158A (ACTIVE) - Details

See Assembly Version of this Bill:
A8473A
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L; amd §756-c, Gen Bus L

S6158A (ACTIVE) - Summary

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

S6158A (ACTIVE) - Sponsor Memo

S6158A (ACTIVE) - Bill Text download pdf

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

                                 6158--A
    Cal. No. 803

                            I N  S E N A T E

                             January 9, 2012
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- reported favor-
  ably from said committee, ordered to first and second report,  amended
  on  second  report, ordered to a third reading, and to be reprinted as
  amended, retaining its place in the order of third reading

AN ACT to amend the state finance law and the general municipal law,  in
  relation  to requiring full payment for delivered and accepted materi-
  als pertaining to public work projects; and to amend the general busi-
  ness law, in relation to prohibiting the retention of any payment  due
  and owing a material supplier for a construction project

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

  Section 1. Subdivisions 1 and 2 of section 139-f of the state  finance
law,  subdivision  1  as  added  by  chapter 769 of the laws of 1978 and
subdivision 2 as amended by section 16 of part MM of chapter 57  of  the
laws of 2008, are amended to read as follows:
  1. Payment by public owners to contractors. The contractor shall peri-
odically,  in  accordance  with the terms of the contract, submit to the
public owner and/or [his] ITS agent a requisition for a progress payment
for the work performed and/or materials furnished to  the  date  of  the
requisition,  less  any  amount  previously  paid to the contractor. The
public owner shall in accordance with the terms of the contract  approve
and promptly pay the requisition for the progress payment less an amount
necessary to satisfy any claims, liens or judgments against the contrac-
tor which have not been suitably discharged and less any retained amount
as hereafter described. The public owner shall retain not more than five
per centum of each progress payment, NOT INCLUDING ANY PAYMENT FOR MATE-
RIALS  PERTINENT  TO THE PROJECT WHICH HAVE BEEN DELIVERED AND ACCEPTED,
to the contractor except that the public owner may retain in  excess  of
five  per  centum  but  not  more  than  ten per centum of each progress
payment, NOT INCLUDING  ANY  PAYMENT  FOR  MATERIALS  PERTINENT  TO  THE
PROJECT  WHICH  HAVE  BEEN  DELIVERED  AND  ACCEPTED,  to the contractor
provided that there are no requirements by  the  public  owner  for  the
contractor  to  provide a performance bond and a labor and material bond

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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