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S5671Senate2011-2012 SessionSame asA8461

Relates to the allowable amount of a letter of credit used as guarantee of performance of a state procurement contract

Sponsor John A. DeFranciscoSD-50Affects Finance
Status
Vetoed
Impact
Pending
Outcome
Vetoed

Bill progress

Vetoed

What's happening

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Who cares

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

No co-sponsors yet.

History

  1. Vetoed memo.182
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.99
  6. Substituted for A8461A
  7. Referred to governmental operations
  8. Delivered to assembly
  9. Passed senateVote 60–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.734
Show 11 earlier actions
  1. Print number 5671a
  2. Amend and recommit to finance
  3. Referred to finance
  4. Returned to senate
  5. Died in assembly
  6. Referred to ways and means
  7. Delivered to assembly
  8. Passed senateVote 62–0
  9. Ordered to third reading cal.1330
  10. Committee discharged and committed to rules
  11. Referred to finance

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.

A8461Assembly

Relates to the allowable amount of a letter of credit used as guarantee of performance of a state procurement contract

Assembly Floor Calendar · Sponsor David Gantt

Full text

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

Sponsor's memo

BILL NUMBER:S5671A REVISED 04/19/12

Title of bill

An act to amend the state finance law, in relation to the amount of a letter of credit used as guarantee of performance of a state procurement contract

Purpose

To allow the commissioner or state agency discretion as to whether or not to require a bond or other guarantee of performance, and to approve the amount, form and sufficiency thereof.

Summary of provisions

Section One - Amends state finance law to allow the commissioner or state agency discretion as to whether or not to require a bond or other guarantee of performance, and to approve the amount, form and sufficiency thereof. If the letter of credit, either by itself or in conjunction with another form or guarantee is used for this purpose, the amount of the letter of credit shall not exceed three percent of the total contract award amount. These restrictions shall not apply to bond requirements issued pursuant to this section. An agency may require other guarantees of performance in addition to a letter of credit as provided in this paragraph.

Section Two - Establishes the effective date.

Justification

Presently, there is no uniformity or guidelines as to the amount or type of security a state agency or any other state entity requires in the awarding of state contracts or projects. A state agency can require a letter of credit for a certain amount as a security interest in a project or the agency can require a letter of credit and/or a bond as the security. The state can also proceed in awarding a contract or project without a security interest. Since there is no uniform standard, this legislation limits the amount required for a letter of credit only, for any project to the level of risk involved with the contract and in no case shall the letter of credit exceed three percent of the total contract. This legislation does not limit the amounts required for a bond security interest.

Legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately; provided, however, that the amendments to paragraph d of subdivision 10 of section 163 of the state finance law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith

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