assembly Bill A796

Vetoed By Governor
2015-2016 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 11, 2015 tabled
vetoed memo.275
Nov 30, 2015 delivered to governor
Jun 24, 2015 returned to assembly
passed senate
substituted for s2931
Jun 19, 2015 referred to rules
delivered to senate
passed assembly
Jun 08, 2015 ordered to third reading rules cal.52
rules report cal.52
reported
Jun 03, 2015 reported referred to rules
Apr 28, 2015 reported referred to ways and means
Jan 07, 2015 referred to governmental operations

Co-Sponsors

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Multi-Sponsors

A796 (ACTIVE) - Details

See Senate Version of this Bill:
S2931
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:
2011-2012: A8473, S6158
2013-2014: A725, S980
2017-2018: A358, S4467
2019-2020: A574, S5498

A796 (ACTIVE) - Summary

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

A796 (ACTIVE) - Bill Text download pdf

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

                                   796

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. BRAUNSTEIN, TENNEY, NOJAY, SCHIMEL, MONTESANO,
  HEVESI, RUSSELL -- Multi-Sponsored by -- M. of A. STECK --  read  once
  and referred to the Committee on Governmental Operations

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,  ACCEPTED  AND
ARE  COVERED  BY  A  MANUFACTURER'S  WARRANTY, AND/OR ARE GRADED TO MEET
INDUSTRY STANDARDS, 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, ACCEPTED AND ARE COVERED BY  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02317-01-5

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