S T A T E   O F   N E W   Y O R K
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                                  5100
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                            February 20, 2013
                               ___________
Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Governmental Operations
AN ACT to amend the state finance law, in relation  to  performance  and
  payment bond requirements
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Subdivision 1 of section 137 of the state finance  law,  as
separately  amended  by  section 17 of part MM of chapter 57 and chapter
619 of the laws of 2008, is amended to read as follows:
  1. In addition to other bond or bonds, if any, required by law for the
completion of a work specified in a contract for the  prosecution  of  a
public  improvement for the state of New York a municipal corporation, a
public benefit corporation or a commission appointed pursuant to law, or
in the absence of any such requirement, the comptroller may or the other
appropriate official, respectively, shall nevertheless require prior  to
the  approval of any such contract a bond guaranteeing prompt payment of
moneys due to all persons furnishing labor or materials to the  contrac-
tor or any subcontractors in the prosecution of the work provided for in
such  contract. Whenever a municipal corporation issues a permit subject
to compliance with section two hundred twenty of  the  labor  law,  such
permittee  or  its contractor or subcontractors furnishing workers shall
post a payment bond subject to this section. Provided, however, that all
performance bonds and payment bonds may, at the discretion of  the  head
of the state agency, public benefit corporation or commission, or his or
her  designee,  be dispensed with for the completion of a work specified
in a contract for the prosecution of a public improvement for the  state
of  New  York for which bids are solicited where the aggregate amount of
the contract is under one hundred FIFTY thousand  dollars  and  provided
further,  that in a case where the contract is not subject to the multi-
ple contract award requirements of section one  hundred  thirty-five  of
this  article, such requirements may be dispensed with where the head of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02003-01-3
              
             
                          
                
A. 5100                             2
the state agency, public benefit corporation or commission finds  it  to
be in the public interest and where the aggregate amount of the contract
awarded  or  to  be  awarded  is  less than [two] THREE hundred thousand
dollars.    THE  HEAD OF THE STATE AGENCY, PUBLIC BENEFIT CORPORATION OR
COMMISSION, OR HIS OR HER DESIGNEE, SHALL ADJUST THE AGGREGATE  CONTRACT
AMOUNTS  LISTED  IN THIS SUBDIVISION EVERY YEAR TO ACCOUNT FOR INCREASES
IN THE COSTS OF CONSTRUCTION.  ADVERTISEMENTS  FOR  BIDS  SHALL  PROVIDE
INFORMATION ON THE REQUIREMENTS FOR, OR DISPENSATION OF, PERFORMANCE AND
PAYMENT  BONDS.  Provided further, that in a case where a performance or
payment bond is dispensed with, twenty per centum may be  retained  from
each  progress  payment  or  estimate until the entire contract work has
been completed and accepted, at which time the head of the state agency,
public benefit corporation or commission shall, pending the  payment  of
the  final  estimate,  pay  not to exceed seventy-five per centum of the
amount of the retained percentage.
  S 2. Subdivision 4 of section 139-f  of  the  state  finance  law,  as
amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
follows:
  4. Notwithstanding any other provision of this section or  other  law,
requirements  for the furnishing of a performance bond or a payment bond
may be dispensed with at the discretion of the head of the state  agency
or  corporation,  or  his  or  her designee, where the public owner is a
state agency or corporation  described  in  subdivision  one-a  of  this
section  and  the  aggregate  amount  of  the  contract awarded or to be
awarded is under ONE HUNDRED fifty thousand dollars and, in a case where
the contract is not subject to the multiple contract award  requirements
of  section  one  hundred thirty-five of this article, such requirements
may be dispensed with where the head of the state agency or  corporation
finds  it to be in the public interest and where the aggregate amount of
the contract awarded or to be awarded is under [two] THREE hundred thou-
sand dollars.  THE HEAD OF THE STATE AGENCY, PUBLIC BENEFIT  CORPORATION
OR  COMMISSION,  OR  HIS  OR  HER  DESIGNEE,  SHALL ADJUST THE AGGREGATE
CONTRACT AMOUNTS LISTED IN THIS SUBDIVISION EVERY YEAR  TO  ACCOUNT  FOR
INCREASES  IN  THE  COSTS OF CONSTRUCTION. ADVERTISEMENTS FOR BIDS SHALL
PROVIDE  INFORMATION  ON  THE  REQUIREMENTS  FOR,  OR  DISPENSATION  OF,
PERFORMANCE  AND PAYMENT BONDS. Provided further, that in a case where a
performance or payment bond is dispensed with, twenty per centum may  be
retained  from  each  progress  payment  or  estimate  until  the entire
contract work has been completed and accepted, at which time the head of
the state agency or corporation shall, pending the payment of the  final
estimate, pay not to exceed seventy-five per centum of the amount of the
retained percentage.
  S 3. This act shall take effect immediately.