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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S3182-2011 Actions

• Aug 3, 2011: SIGNED CHAP.380
• Jul 22, 2011: DELIVERED TO GOVERNOR
• Jun 6, 2011: returned to senate
• Jun 6, 2011: passed assembly
• Jun 6, 2011: ordered to third reading rules cal.50
• Jun 6, 2011: substituted for a5025
• May 18, 2011: referred to ways and means
• May 18, 2011: DELIVERED TO ASSEMBLY
• May 18, 2011: PASSED SENATE
• May 16, 2011: ADVANCED TO THIRD READING
• May 11, 2011: 2ND REPORT CAL.
• May 10, 2011: 1ST REPORT CAL.582
• Feb 10, 2011: REFERRED TO FINANCE

S3182-2011 Meetings

Finance: May 10, 2011

S3182-2011 Calendars

Active List: May 18, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011

S3182-2011 Votes

S3182-2011 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.

S3182-2011 Text

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

      S. 3182                                                  A. 5025

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              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