New York A 5491: Relates to aggravated harassment of an employee by an inmate

Bill Text

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A05491 Summary:

BILL NOA05491B

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SAME ASSAME AS S02284-A

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SPONSORBichotte Hermelyn

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COSPNSRRaga, Gonzalez-Rojas, Levenberg, Hyndman, Taylor, Novakhov, Santabarbara

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MLTSPNSR

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Add §149, St Fin L

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Requires contractors receiving public funds to pay amounts owed to small businesses and minority-owned business enterprises within 10 days of receipt of an undisputed invoice generated by a small business, minority-owned business enterprise or vendor management service and managed service provider on behalf of the small business or minority-owned business enterprise.

Go to top A05491 Actions:

BILL NOA05491B

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02/14/2025referred to governmental operations

04/14/2025amend and recommit to governmental operations

04/14/2025print number 5491a

04/30/2025amend and recommit to governmental operations

04/30/2025print number 5491b

01/07/2026referred to governmental operations

Go to topA05491 Committee&nbspVotes:

Go to topA05491 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05491 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5491--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, RAGA, GONZALEZ-ROJAS, HOOKS,
 O'PHARROW, LEVENBERG, HYNDMAN, TAYLOR, NOVAKHOV, SANTABARBARA -- read
 once and referred to the Committee on Governmental Operations --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee -- again reported from said committee
 with amendments, ordered reprinted as amended and recommitted to said
 committee

 AN ACT to amend the state finance law, in relation to providing for
 prompt payment by contractors receiving public funds of amounts owed
 to small businesses and minority-owned business enterprises

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The state finance law is amended by adding a new section
 2 149 to read as follows:
 3 § 149. Prompt contracting and payments for small business and minori-
 4 ty-owned business enterprise subcontractors. 1. For the purposes of this
 5 section:
 6 (a) "Covered project" shall mean a project which is paid for in whole
 7 or in part out of public funds as such term is defined in this section
 8 where the amount of all such public funds, when aggregated, is at least
 9 thirty percent of the total project costs and where such project costs
 10 are over twenty-five thousand dollars. "Covered project" shall not
 11 include a project which entails constructing, reconstructing, rehabili-
 12 tating, or repairing buildings or highways for, or on behalf of, a state
 13 agency.
 14 (b) "Paid for in whole or in part out of public funds" means any of
 15 the following:
 16 (i) the payment of money, by a public entity, or a third party acting
 17 on behalf of and for the benefit of a public entity, directly to or on
 18 behalf of the contractor, subcontractor, developer or owner that is not
 19 subject to repayment; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03817-04-5

 A. 5491--B 2

 1 (ii) the savings achieved from fees, rents, interest rates, or other
 2 loan costs, or insurance costs that are lower than market rate costs;
 3 savings from reduced taxes as a result of tax credits, tax abatements,
 4 tax exemptions or tax increment financing; savings from payments in lieu
 5 of taxes; and any other savings from reduced, waived, or forgiven costs
 6 that would have otherwise been at a higher or market rate but for the
 7 involvement of the public entity.
 8 (c) "Contract" means an enforceable agreement entered into by a
 9 contractor and a subcontractor.
 10 (d) "Contractor" means any person, partnership, firm, corporation, or
 11 association: (i) selling materials, equipment, or supplies or leasing
 12 property or equipment to a state agency; or (ii) rendering or providing
 13 services pursuant to a contract with a state agency. "Contractor" shall
 14 not mean any person constructing, reconstructing, rehabilitating, or
 15 repairing buildings or highways for, or on behalf of, a state agency.
 16 (e) "Subcontractor" means a person e