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 |
Senate Bill S6158
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- 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
Actions
Votes
Bill Amendments
2011-S6158 - Details
- See Assembly Version of this Bill:
- A8473
- Current Committee:
- Senate Rules
- 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
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S980, A725
2015-2016: S2931, S7652, A796, A10275
2017-2018: S4467, A358
2019-2020: S5498, A574
2021-2022: S1387, A494
2023-2024: S6855, A1194
2011-S6158 - Sponsor Memo
BILL NUMBER:S6158 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill amends the state finance and general municipal laws, in relation to requiring full payment for delivered materials pertaining to public works 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. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends the state finance law to clarify that materialmen are not subject to retainage. Section 2: Amends the general municipal law to clarify that materialmen are not subject to retainage. Section 3: Amends the current law to clarify that an owner, contractor, or subcontractor may not retain any portion of any payment due to a material supplier, except as set forth in subsection one of the law.
2011-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.
2011-S6158A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8473
- Current Committee:
- Senate Rules
- 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
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S980, A725
2015-2016: S2931, S7652, A796, A10275
2017-2018: S4467, A358
2019-2020: S5498, A574
2021-2022: S1387, A494
2023-2024: S6855, A1194
2011-S6158A (ACTIVE) - Sponsor Memo
BILL NUMBER:S6158A TITLE OF BILL: An act to amend the state finance law and the general municipal law, in relation to requiring full payment for delivered and accepted 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 PURPOSE OR GENERAL IDEA OF BILL: This bill amends the state finance and general municipal laws, in relation to requiring full payment for delivered materials pertaining to public works 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. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends the state finance law to clarify that materialmen are not subject to retainage. Section 2: Amends the general municipal law to clarify that materialmen are not subject to retainage. Section 3: Amends the current law to clarify that an owner, contractor, or subcontractor may not retain any portion of any payment due to a material supplier, except as set forth in subsection one of
2011-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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