Senate Bill S6855A

2023-2024 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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Sponsored By

Current Bill Status - In Senate Committee Procurement And Contracts 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

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Bill Amendments

co-Sponsors

2023-S6855 - Details

See Assembly Version of this Bill:
A1194
Current Committee:
Senate Procurement And Contracts
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: S6158, A8473
2013-2014: S980, A725
2015-2016: S2931, S7652, A796, A10275
2017-2018: S4467, A358
2019-2020: S5498, A574
2021-2022: S1387, A494

2023-S6855 - Summary

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

2023-S6855 - Sponsor Memo

2023-S6855 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6855
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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  amended by chapter 128 of the laws of 2021 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
 MANUFACTURER'S  WARRANTY,  AND/OR ARE GRADED TO MEET INDUSTRY STANDARDS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01209-01-3
              

co-Sponsors

2023-S6855A (ACTIVE) - Details

See Assembly Version of this Bill:
A1194
Current Committee:
Senate Procurement And Contracts
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: S6158, A8473
2013-2014: S980, A725
2015-2016: S2931, S7652, A796, A10275
2017-2018: S4467, A358
2019-2020: S5498, A574
2021-2022: S1387, A494

2023-S6855A (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.

2023-S6855A (ACTIVE) - Sponsor Memo

2023-S6855A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6855--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by Sens. MARTINEZ, GRIFFO, MARTINS, TEDISCO, WALCZYK -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Procurement and Contracts -- recommitted to the Committee
   on  Procurement and Contracts in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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 amended by chapter 128 of the  laws  of  2021  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01209-03-4
              

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