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Senate Bill S797

2009-2010 Legislative Session

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

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Archive: Last Bill Status Via A2387 - On Floor Calendar

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2009-S797 (ACTIVE) - Details

See Assembly Version of this Bill:
A2387
Law Section:
State Finance Law
Laws Affected:
Amd ยง137, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
S3182, A5025

2009-S797 (ACTIVE) - 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.

2009-S797 (ACTIVE) - Sponsor Memo

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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