senate Bill S3182

Signed by Governor

Amends the dates for filing a claim and commencing an action on a bond

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 10 / Feb / 2011
    • REFERRED TO FINANCE
  • 10 / May / 2011
    • 1ST REPORT CAL.582
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 18 / May / 2011
    • PASSED SENATE
  • 18 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 18 / May / 2011
    • REFERRED TO WAYS AND MEANS
  • 06 / Jun / 2011
    • SUBSTITUTED FOR A5025
  • 06 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.50
  • 06 / Jun / 2011
    • PASSED ASSEMBLY
  • 06 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 03 / Aug / 2011
    • SIGNED CHAP.380

Summary

Provides that a laborer or materialman on a state public improvement may sue on the bond required to be posted by a contractor or subcontractor on such an improvement within 1 year after such improvement has been completed and accepted by the public owner.

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Bill Details

See Assembly Version of this Bill:
A5025
Versions:
S3182
Legislative Cycle:
2011-2012
Law Section:
State Finance Law
Laws Affected:
Amd ยง137, St Fin L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S797, A2387
2007-2008: A9541A

Sponsor Memo

BILL NUMBER:S3182

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 N.Y.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:
2010: Passed Assembly
2008: A.9541 Passed Assembly
2006: A.10207 Ways and Means

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3182                                                  A. 5025

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 10, 2011
                               ___________

IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. CUSICK, MAGNARELLI, TITONE -- read
  once and referred to the Committee on Codes

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.
                                                           LBD00505-01-1

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