Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 13, 2019 |
vetoed memo.229 |
Dec 06, 2019 |
delivered to governor |
Jun 20, 2019 |
returned to senate passed assembly |
Jun 18, 2019 |
ordered to third reading rules cal.328 substituted for a2040a |
Jun 18, 2019 |
substituted by s5933a |
Jun 17, 2019 |
ordered to third reading rules cal.328 rules report cal.328 reported |
Jun 14, 2019 |
reported referred to rules |
Jun 10, 2019 |
print number 2040a |
Jun 10, 2019 |
amend and recommit to ways and means |
Jun 04, 2019 |
reported referred to ways and means |
Jan 22, 2019 |
referred to governmental operations |
Assembly Bill A2040A
Vetoed By Governor2019-2020 Legislative Session
Sponsored By
KIM
Archive: Last Bill Status Via S5933 - 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
Bill Amendments
multi-Sponsors
Jo Anne Simon
Chris Tague
2019-A2040 - Details
2019-A2040 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2040 2019-2020 Regular Sessions I N A S S E M B L Y January 22, 2019 ___________ Introduced by M. of A. KIM -- Multi-Sponsored by -- M. of A. SIMON, TAGUE -- read once and referred to the Committee on Governmental Oper- ations AN ACT to amend the state finance law, in relation to damages to contracts occasioned by delay THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The state finance law is amended by adding a new section 138-b to read as follows: § 138-B. DAMAGES OCCASIONED BY DELAY. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PUBLIC ENTITY" SHALL MEAN ANY STATE AGENCY, DEPARTMENT, BOARD, BUREAU, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR ANY OTHER STATE ENTITY, ANY SCHOOL DISTRICT OR ANY OTHER SPECIAL DISTRICT, OR ANY INSTRUMENTALITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. (B) "CONTRACT" SHALL MEAN ANY AGREEMENT AWARDED BY A PUBLIC ENTITY FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS. (C) "DELAY" SHALL MEAN ANY DELAY, DISRUPTION, INTERFERENCE, INEFFI- CIENCIES, IMPEDANCE, HINDRANCE OR ACCELERATION IN THE PERFORMANCE OF THE CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR, SUBCON- TRACTOR OR MATERIALMAN TO A CONTRACT AND WHICH IS A DIRECT RESULT OF THE ACT OR OMISSION OF THE PUBLIC ENTITY FOR WHOM THE CONTRACTOR, SUBCON- TRACTOR OR MATERIALMAN IS PROVIDING SERVICES AS PROVIDED FOR IN THE CONTRACT. (D) "CLAIM" SHALL MEAN A REQUEST FOR ADDITIONAL COSTS FROM THE FOLLOW- ING CAUSES LISTED IN THIS SUBDIVISION ATTRIBUTABLE TO DELAY IN THE PERFORMANCE OF A CONTRACT, OCCASIONED BY ANY ACT OR OMISSION TO ACT BY THE PUBLIC ENTITY WITH WHOM A CONTRACTOR, SUBCONTRACTOR OR MATERIALMAN HAS CONTRACTED WITH, BUT SHALL NOT INCLUDE DELAY FROM ANY OTHER CAUSE, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Edward Braunstein
Charles Lavine
Erik Dilan
Dan Quart
multi-Sponsors
Jo Anne Simon
Chris Tague
2019-A2040A (ACTIVE) - Details
2019-A2040A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2040--A 2019-2020 Regular Sessions I N A S S E M B L Y January 22, 2019 ___________ Introduced by M. of A. KIM -- Multi-Sponsored by -- M. of A. SIMON, TAGUE -- read once and referred to the Committee on Governmental Oper- ations -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to damages to contracts occasioned by delay THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The state finance law is amended by adding a new section 138-b to read as follows: § 138-B. DAMAGES OCCASIONED BY DELAY. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, OR STATE COMMITTEE OR ANY STATE AUTHORITY AS DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW. SUCH TERM SHALL NOT INCLUDE THE LEGISLATURE OR JUDICI- ARY. (B) "CONTRACT" SHALL MEAN ANY AGREEMENT AWARDED BY A STATE AGENCY FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS PROJECT. (C) "DELAY" SHALL MEAN ANY DELAY, DISRUPTION, INTERFERENCE, INEFFI- CIENCIES, IMPEDANCE, HINDRANCE OR ACCELERATION IN THE PERFORMANCE OF THE CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR. (D) "CLAIM" SHALL MEAN A REQUEST FOR ADDITIONAL COSTS ONLY FROM THE FOLLOWING CAUSES: (I) THE FAILURE OF THE STATE AGENCY TO TAKE REASONABLE MEASURES TO COORDINATE AND PROGRESS THE WORK; (II) EXTENDED DELAYS ATTRIBUTABLE TO THE STATE AGENCY IN THE REVIEW OR ISSUANCE OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS AND APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE ORDERS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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