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.
Ayes (31): DeFrancisco, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (2): Johnson, Kruger
Nays (1): Parker
Excused (1): Oppenheimer
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): DeFrancisco, Huntley
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.
STATE OF NEW YORK ________________________________________________________________________ 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