Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 18, 2013 |
tabled vetoed memo.261 |
Dec 06, 2013 |
delivered to governor |
Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.557 substituted for s3551 |
Jun 21, 2013 |
substituted by a5443 |
May 08, 2013 |
advanced to third reading |
May 07, 2013 |
2nd report cal. |
May 06, 2013 |
1st report cal.557 |
Feb 27, 2013 |
reported and committed to finance |
Feb 05, 2013 |
referred to corporations, authorities and commissions |
Senate Bill S3551
Vetoed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A5443 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
2013-S3551 (ACTIVE) - Details
2013-S3551 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3551 TITLE OF BILL: An act to amend the public authorities law, in relation to claims and actions against the New York city school construction authority arising out of contracts PURPOSE OR GENERAL IDEA OF BILL: To bring section 1744 of the Public Authorities Law into conformance with Education Law with regard to claims for contracts SUMMARY OF SPECIFIC PROVISIONS: Section 1 - amends subdivision two of section 1744 of the Public Authorities Law to add an additional sentence that provides in the case of an action or special proceeding for monies due arising out of contract, accrual of such claim shall be deemed to have occurred as of the day payment for the amount claimed was denied. Section 2 - provides that this act shall take effect immediately. JUSTIFICATION: Because of the volume of work being done by the New York City School Construction Authority, and the numerous change orders that have occurred and continue to occur, review of changes is often delayed beyond the ninety days within which a claim must be presented. Under present law, a notice of claim to preserve contractors' rights to pursue an action (if the claim is eventually denied) must be served before a contractor even knows if there will be a dispute. The limited, technical amendment implemented by this bill would not only avoid the burden of
2013-S3551 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3551 2013-2014 Regular Sessions I N S E N A T E February 5, 2013 ___________ 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. LBD05243-01-3
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