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A6493Assembly2009-2010 SessionSame asS5982

Relates to the prompt payment of employees and contractors engaged in private construction projects

Sponsor Susan JohnAD-131Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Susan John

Assembly Member · Assembly District 131

No co-sponsors yet.

History

  1. Approval memo.17
  2. Signed chap.417
  3. Delivered to governor
  4. Returned to assembly
  5. Passed senateVote 37–20
  6. 3rd reading cal.933
  7. Substituted for S5982
  8. Referred to rules
  9. Delivered to senate
  10. Passed assembly
  11. Ordered to third reading rules cal.534
  12. Rules report cal.534
Show 11 earlier actions
  1. Reported
  2. Amend and recommit to rules 6493d
  3. Reported referred to rules
  4. Reported referred to codes
  5. Print number 6493c
  6. Amend and recommit to labor
  7. Print number 6493b
  8. Amend and recommit to labor
  9. Print number 6493a
  10. Amend and recommit to labor
  11. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5982Senate

Relates to the prompt payment of employees and contractors engaged in private construction projects

Senate Floor Calendar · Sponsor Diane J. Savino

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A6493D

Title of bill

An act to amend the labor law and the general business law, in relation to the prompt payment of employees and contractors engaged in private construction projects

Purpose or general idea of bill

This bill amends New York's labor law and prompt pay law to ensure greater enforcement mechanisms are available for employees, contractors and subcontractors.

Summary of specific provisions

This bill amends Section 195-a of the labor law by adding a new subdivision (ii) which allows an employee, contractor or certified collective bargaining agent to complain to the commissioner of Labor regarding a violation or potentially imminent violation of article 6 of the labor law.

This bill also amends 756 section (1) of the general business law by lowering the aggregate cost threshold for private construction projects from two hundred fifty thousand dollars to one hundred fifty thousand dollars; lowering the aggregate size threshold for residential construction projects from 9,000 square feet to 4,500 square feet or less; and lowering the size of applicable residential public housing units from 150 to 75 units.

This bill amends 756-a section (1) by changing the billing cycle to be the calendar month within which the work is performed. This bill amends 756-b by allowing contractors the use of arbitration as a permissive remedy for non-payment.

The bill amends 756-b by adding a new section (3) that creates a system of protocols for the use of arbitration in scenarios of non-payment.

This bill amends 757 by adding a new section (3) relating to the void provisions of construction contracts and adding new language pertaining to the use of arbitration. This bill amends 757 by adding new subdivisions (3) and (4) relating to arbitration being available to both parties.

Justification

This bill is necessary to ensure that Payments required by construction contracts are made in a timely manner. Failure to pay in a timely manner often jeopardizes the operations of contractors, subcontractors and material suppliers and places the wages, benefits and jobs of employees at risk.

Prior legislative history

A.11520-A of 2005: Reported to Codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.