New York A 7098: Relates to providing access to services and law enforcement in certain immigration related matters

Bill Text

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A07098 Summary:

BILL NOA07098 

&nbsp

SAME ASNo Same As

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SPONSORBichotte Hermelyn

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COSPNSRHyndman, Seawright, Walker

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MLTSPNSR

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Amd §139-f, St Fin L; amd §106-b, Gen Muni L

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Relates to payment by public owners to contractors and subcontractors.

Go to top A07098 Actions:

BILL NOA07098 

&nbsp

03/20/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA07098 Committee&nbspVotes:

Go to topA07098 Floor&nbspVotes:

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

Go to topA07098 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7098

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 20, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, HYNDMAN, SEAWRIGHT, WALKER --
 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 payment by public owners to contractors and subcontractors

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

 1 Section 1. The opening paragraph and subdivisions 1 and 2 of section
 2 139-f of the state finance law, the opening paragraph as added by chap-
 3 ter 769 of the laws of 1978, subdivision 1 as amended by chapter 128 of
 4 the laws of 2021 and subdivision 2 as amended by section 16 of part MM
 5 of chapter 57 of the laws of 2008, are amended to read as follows:
 6 Notwithstanding the provisions of any other law to the contrary,
 7 except the provisions of section thirty-eight of the highway law, all
 8 contracts made and awarded by the state, or by any public department, or
 9 by any public benefit corporation or by any public corporation or offi-
 10 cial thereof, hereafter referred to as the public owner, for
 11 construction, reconstruction or alteration of any public work project
 12 shall provide for payment by the public owner to the contractor and
 13 [payment by the contractor] to the subcontractor or subcontractors in
 14 accordance with the following:
 15 1. Payment by public owners to contractors. The contractor shall peri-
 16 odically, in accordance with the terms of the contract, submit to the
 17 public owner and/or [his] the public owner's agent a requisition for a
 18 progress payment for the work performed and/or materials furnished to
 19 the date of the requisition by the contractor and all subcontractors,
 20 less any amount previously paid to the contractor or subcontractors. The
 21 public owner shall in accordance with the terms of the contract approve
 22 and promptly pay the requisition for the progress payment less an amount
 23 necessary to satisfy any claims, liens or judgments against the contrac-
 24 tor or subcontractors which have not been suitably discharged and less
 25 any retained amount as hereafter described. The public owner shall

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10966-01-5

 A. 7098 2

 1 retain not more than five per centum of each progress payment to the
 2 contractor and subcontractors, except that the public owner may retain
 3 in excess of five per centum but not more than ten per centum of each
 4 progress payment to the contractor provided that there are no require-
 5 ments by the public owner for the contractor to provide a performance
 6 bond and a labor and material bond both in the full amount of the
 7 contract. The public owner shall pay, upon requisition from the contrac-
 8 tor, for materials pertinent to the project which have been delivered to
 9 the site or off-site by the contractor [and/or subcontractor] and suit-
 10 ably stored and secured as required by the public owner and the contrac-
 11 tor provided, the public owner may limit such payment to materials in
 12 short and/or critical supply and materials specially fabricated for the
 13 project each as defined in the contract, including balances owed to
 14 subcontractors. When the work or major portions thereof as contemplated
 15 by the terms of the contract are substantially completed, the contractor
 16 shall submit to the public owner and/or [his] the public owner's agent a
 17 requisition for payment of the remaining amount of the