Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 26, 2010 |
3rd reading cal.559 substituted for s797 |
May 26, 2010 |
substituted by a2387 |
May 25, 2010 |
advanced to third reading |
May 24, 2010 |
2nd report cal. |
May 18, 2010 |
1st report cal.559 |
Jan 06, 2010 |
referred to finance |
Jan 15, 2009 |
referred to finance |
Senate Bill S797
2009-2010 Legislative Session
Sponsored By
(D, WF) 46th Senate District
Archive: Last Bill Status Via A2387 - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D) Senate District
(D) 11th Senate District
2009-S797 (ACTIVE) - Details
2009-S797 (ACTIVE) - Sponsor Memo
BILL NUMBER: S797 TITLE OF BILL : An act to amend the state finance law, in relation to amending the date for commencing an action on a bond PURPOSE OR GENERAL IDEA OF BILL : To correct ambiguities in Section 137 of the State Finance Law. SUMMARY OF SPECIFIC PROVISIONS : Section one amends Section 137(4)(b) of the State Finance Law to clarify the dates for commencing an action on a payment bond under Section 137. JUSTIFICATION : Recent New York State court decisions (WINDSOR METAL FABRICATORS LTD. V. GENERAL ACCIDENT, 94 NY.2D 90 (1990) AND PHELPS GUIDE RAIL V. UNITED STATES FIDELITY AND GUARANTY COMPANY AND MIDSTATE CONSTRUCTION SERVICES. INC., Supreme Court, Jefferson County, Memorandum Decision and Order (June 10, 2004) have brought to light certain ambiguities in Section 137 of the State Finance Law. This bill addresses and corrects those ambiguities. PRIOR LEGISLATIVE HISTORY : 2008: A.9541 Passed Assembly; 2006: A.10207, Ways and Means.
2009-S797 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 797 A. 2387 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y January 15, 2009 ___________ IN SENATE -- Introduced by Sens. BRESLIN, HUNTLEY, SCHNEIDERMAN, STACHOWSKI, STAVISKY, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. CUSICK, HYER-SPENCER, MAGNARELLI -- read once and referred to the Committee on Ways and Means AN ACT to amend the state finance law, in relation to amending the date for commencing an action on a bond THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 4 of section 137 of the state finance law, as amended by chapter 242 of the laws of 2002, is amended to read as follows: (b) Except as provided in section two hundred twenty-g of the labor law, no action on a payment bond furnished pursuant to this section shall be commenced after the expiration of one year from the date on which [final payment under the claimant's subcontract became due] THE PUBLIC IMPROVEMENT HAS BEEN COMPLETED AND ACCEPTED BY THE PUBLIC OWNER. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00279-01-9
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