| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 01, 2010 |
advanced to third reading |
| Feb 24, 2010 |
2nd report cal. |
| Feb 23, 2010 |
1st report cal.148 |
| Feb 04, 2010 |
print number 5079b |
| Feb 04, 2010 |
amend and recommit to judiciary |
| Jan 06, 2010 |
referred to judiciary |
| Jun 18, 2009 |
print number 5079a |
| Jun 18, 2009 |
amend (t) and recommit to judiciary |
| Apr 27, 2009 |
referred to judiciary |
Senate Bill S5079
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
Actions
Votes
Bill Amendments
2009-S5079 - Details
- Laws Affected:
- Amd §2, Lien L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3303
2009-S5079 - Sponsor Memo
BILL NUMBER: S5079
TITLE OF BILL : An act to amend the lien law, in relation to
allowing heating oil dealers to place a lien on commercial property
for an owner's failure to pay its bill for the value of delivered
heating oil and related services
PURPOSE : The bill would permit heating oil dealers to seek recovery
of monies owed to them for the delivery of heating fuel or maintenance
and services to heating systems through a lien.
SUMMARY OF PROVISIONS : Subdivision one would add a new §6-a to the
Lien Law.
Subdivision 1 of section 6-a defines terms
Subdivision 2 of §6-a establishes the right of heating oil dealers to
impose a lien for the value of delivered heating oil to a commercial
property or for maintenance, repair or replacement services to any
heating appliance or system.
JUSTIFICATION : The Lien Law is intended to protect the value of
services rendered to real property. Heating oil dealers provide a
crucial service to those commercial buildings that use heating oil as
a source of heat. Frequently, heating oil dealers are unable to
collect monies owed from commercial buildings for delivered heating
2009-S5079 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5079
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the lien law, in relation to allowing heating oil deal-
ers to place a lien on commercial property for an owner's failure to
pay its bill for the value of delivered heating oil and related
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The lien law is amended by adding a new section 6-a to read
as follows:
S 6-A. LIENS FOR VALUE OF HEATING OIL DELIVERED TO COMMERCIAL PROPERTY
AND RELATED SERVICES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERMS:
(A) "HEATING OIL DEALER" MEANS A BUSINESS PRIMARILY INVOLVED IN THE
DISTRIBUTION OF HEATING OIL TO CUSTOMERS FOR ON-PREMISES USE OF THE FUEL
FOR SPACE AND/OR WATER HEATING;
(B) "HEATING OIL" MEANS ANY PETROLEUM PRODUCT USED AS FUEL FOR SPACE
OR WATER HEATING PURPOSES INCLUDING, BUT NOT LIMITED TO, NUMBERS 2, 4
AND 6 FUEL OIL AND KEROSENE; AND
(C) "COMMERCIAL PROPERTY" MEANS NON-RESIDENTIAL REAL PROPERTY, AS
DEFINED IN SUBDIVISION TWO OF SECTION TWO OF THIS CHAPTER, UTILIZED FOR
BUSINESS PURPOSES SUCH AS OFFICE BUILDINGS, MANUFACTURING PLANTS, ASSEM-
BLY PLANTS, RESTAURANTS, STORES, SHOPPING CENTERS, HOTELS AND MOTELS,
APARTMENT COMPLEXES CONTAINING FOUR OR MORE RESIDENTIAL UNITS OR ANY
OTHER TYPE OF BUSINESS ENTERPRISE.
2. A HEATING OIL DEALER WHO SHALL DELIVER TO ANY COMMERCIAL PROPERTY
HEATING OIL USED AS FUEL FOR ON-PREMISES CONSUMPTION SHALL HAVE A LIEN
FOR THE VALUE OF SUCH DELIVERED HEATING OIL UPON THE COMMERCIAL PROPERTY
BY FILING A NOTICE OF SUCH LIEN IN THE OFFICE OF THE CLERK OF ANY COUNTY
WHEREIN ANY PART OF SUCH COMMERCIAL PROPERTY IS EXISTING AT THE TIME OF
SUCH FILING. IN ADDITION, ANY HEATING OIL DEALER WHO PERFORMS MAINTE-
NANCE, REPAIR OR REPLACEMENT SERVICES TO ANY APPLIANCE OR SYSTEM FUELED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11310-01-9
2009-S5079A - Details
- Laws Affected:
- Amd §2, Lien L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3303
2009-S5079A - Sponsor Memo
BILL NUMBER: S5079A
TITLE OF BILL : An act to amend the lien law, in relation to
including in the definition of "improvement" the furnishing or
delivery of fuel oil or kerosene
PURPOSE : The bill would permit heating oil dealers to seek recovery
of monies owed to them for the delivery of heating fuel or kerosene to
commercial properties or large apartment buildings through the filing
of a lien to collect for past delivered fuel oil.
SUMMARY OF PROVISIONS : Section 1: Amends Lien Law section 2(4) to
add to the definition of "improvement" the delivery of fuel oil or
kerosene to a large commercial or residential building. This provision
would permit oil dealers to file a lien to collect for oil delivered
to a commercial property.
JUSTIFICATION : The Lien Law is intended to protect the value of
services rendered to real property. Heating oil dealers provide a
crucial service to commercial buildings and apartment buildings that
use heating oil or kerosene as a source of heat, hot water, or for
forms of energy or power. Frequently, heating oil dealers are unable
to collect monies owed from commercial buildings for delivered heating
oil either as a result of the transfer of ownership of a building or
because the costs of recovery amounts owed through court proceedings
outweigh the value of the monies owed. As a result, heating oil
2009-S5079A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5079--A
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the lien law, in relation to including in the definition
of "improvement" the furnishing or delivery of fuel oil or kerosene
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 2 of the lien law, as amended by
chapter 925 of the laws of 1982, is amended to read as follows:
4. Improvement. The term "improvement," when used in this chapter,
includes the demolition, erection, alteration or repair of any structure
upon, connected with, or beneath the surface of, any real property and
any work done upon such property or materials furnished for its perma-
nent improvement, and shall also include any work done or materials
furnished in equipping any such structure with any chandeliers, brackets
or other fixtures or apparatus for supplying gas or electric light and
shall also include the drawing by any architect or engineer or surveyor,
of any plans or specifications or survey, which are prepared for or used
in connection with such improvement and shall also include the value of
materials actually manufactured for but not delivered to the real prop-
erty, and shall also include the reasonable rental value for the period
of actual use of machinery, tools and equipment and the value of
compressed gases furnished for welding or cutting in connection with the
demolition, erection, alteration or repair of any real property, and the
value of fuel and lubricants consumed by machinery operating on the
improvement, or by motor vehicles owned, operated or controlled by the
owner, or a contractor or subcontractor while engaged exclusively in the
transportation of materials to or from the improvement for the purposes
thereof and shall also include the performance of real estate brokerage
services in obtaining a lessee for a term of more than three years of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11310-02-9
2009-S5079B (ACTIVE) - Details
- Laws Affected:
- Amd §2, Lien L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3303
2009-S5079B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5079B
TITLE OF BILL :
An act to amend the lien law, in relation to including in the
definition of "improvement" the furnishing or delivery of fuel oil or
kerosene
PURPOSE :
The bill would permit heating oil dealers. to seek recovery of monies
owed to them for the delivery of heating fuel or kerosene to
commercial properties or large apartment buildings through the filing
of a lien to collect for past delivered fuel oil.
SUMMARY OF PROVISIONS :
Section 1: Amends Lien Law section 2(4) to add to the definition of
"improvement" the delivery of fuel oil or kerosene to a commercial
real property or a large residential building. This provision would
permit oil dealers to file a lien to collect for oil delivered to a
commercial property or a residential building with 4 or more units.
This "B" Print amendment clarified the provisions of this bill so that
it will clearly only apply to commercial properties or large
multi-unit residential properties.
JUSTIFICATION :
The Lien Law is intended to protect the value of services rendered to
2009-S5079B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5079--B
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sens. KLEIN, C. JOHNSON, ONORATO -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the lien law, in relation to including in the definition
of "improvement" the furnishing or delivery of fuel oil or kerosene
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 2 of the lien law, as amended by
chapter 925 of the laws of 1982, is amended to read as follows:
4. Improvement. The term "improvement," when used in this chapter,
includes the demolition, erection, alteration or repair of any structure
upon, connected with, or beneath the surface of, any real property and
any work done upon such property or materials furnished for its perma-
nent improvement, and shall also include any work done or materials
furnished in equipping any such structure with any chandeliers, brackets
or other fixtures or apparatus for supplying gas or electric light and
shall also include the drawing by any architect or engineer or surveyor,
of any plans or specifications or survey, which are prepared for or used
in connection with such improvement and shall also include the value of
materials actually manufactured for but not delivered to the real prop-
erty, and shall also include the reasonable rental value for the period
of actual use of machinery, tools and equipment and the value of
compressed gases furnished for welding or cutting in connection with the
demolition, erection, alteration or repair of any real property, and the
value of fuel and lubricants consumed by machinery operating on the
improvement, or by motor vehicles owned, operated or controlled by the
owner, or a contractor or subcontractor while engaged exclusively in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11310-04-0
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