NY State Senate Bill 2009-S5079

Senate Bill S5079

2009-2010 Legislative Session

Allows heating oil dealers to place a lien on multi-dwelling and commercial property for an owner's failure to pay its bill for the value of delivered heating oil

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	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

Votes

- Feb 23, 2010 - Judiciary Committee Vote
  S5079
  
  12
  
  Aye
  
  5
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 23, 2010
      
      aye (12)
      
      Adams
      
      Breslin
      
      DeFrancisco
      
      Hassell-Thompson
      
      Klein
      
      LaValle
      
      Nozzolio
      
      Onorato
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      nay (5)
      
      Bonacic
      
      Espada
      
      Leibell
      
      Saland
      
      Winner
      
      aye wr (6)
      
      Diaz
      
      Dilan
      
      Lanza
      
      Maziarz
      
      Ranzenhofer
      
      Volker

Bill Amendments

Original

B (Active)

2009-S5079 - Details

Laws Affected:: Amd §2, Lien L
Versions Introduced in 2011-2012 Legislative Session:: S3303

2009-S5079 - Summary

Allows heating oil dealers to place a lien on residential property with four or more residential units and commercial property for an owner's failure to pay its bill for the value of delivered heating oil and related services.

2009-S5079 - Sponsor Memo

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

S. 5079                             2

BY HEATING OIL IN CONNECTION WITH A HEATING  OIL  DELIVERY  CONTRACT  TO
COMMERCIAL  PROPERTY  SHALL  HAVE  A LIEN FOR THE VALUE OF SUCH SERVICES
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 SITUATED AT THE TIME OF SUCH FILING. THE PROVISIONS OF  THIS
ARTICLE  RELATING  TO  THE  CONTENTS,  FILING AND ENTRY OF A NOTICE OF A
MECHANIC'S LIEN, AND THE PRIORITY AND DURATION THEREOF, SHALL  APPLY  TO
SUCH LIENS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2009-S5079A - Details

Laws Affected:: Amd §2, Lien L
Versions Introduced in 2011-2012 Legislative Session:: S3303

2009-S5079A - Summary

2009-S5079A - Sponsor Memo

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

S. 5079--A                          2

all  or  any part of real property to be used for other than residential
purposes pursuant to a  written  contract  of  brokerage  employment  or
compensation,  AND SHALL ALSO INCLUDE THE FURNISHING OR DELIVERY OF FUEL
OIL OR KEROSENE USED TO PRODUCE HEAT, HOT WATER, OR OTHER FORMS OF ENER-
GY OR POWER TO THE REAL PROPERTY, PROVIDED THAT SUCH REAL PROPERTY SHALL
INCLUDE, BUT NOT BE LIMITED TO COMMERCIAL REAL PROPERTIES SUCH AS OFFICE
BUILDINGS,  INDUSTRIAL  FACILITIES, RETAIL SHOPS, AND LODGING ESTABLISH-
MENTS, AND ALL RESIDENTIAL BUILDINGS THAT CONTAIN FOUR OR MORE  RESIDEN-
TIAL UNITS.
  S 2. This act shall take effect immediately.

2009-S5079B (ACTIVE) - Details

Laws Affected:: Amd §2, Lien L
Versions Introduced in 2011-2012 Legislative Session:: S3303

2009-S5079B (ACTIVE) - Summary

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

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 dealers are often denied
remuneration for that fuel that they provide to nonpaying buildings.
The shortfalls experienced by heating oil dealers, as a result of
nonpayment, can lead to higher heating costs for customers that do pay
for their fuel oil bills. By allowing heating oil dealers to file a
lien for oil delivered the legislation would correct the inequity
created by the nonpayment by commercial building owners. Further, it
will give oil dealers the ability to collect old past due oil bills
particularly when the building is sold to a new owner.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect January 1 of the year next succeeding the
date in which it was signed into law.

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

S. 5079--B                          2

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
all  or  any part of real property to be used for other than residential
purposes pursuant to a  written  contract  of  brokerage  employment  or
compensation,  AND SHALL ALSO INCLUDE THE FURNISHING OR DELIVERY OF FUEL
OIL OR KEROSENE USED TO PRODUCE HEAT, HOT WATER, OR OTHER FORMS OF ENER-
GY OR POWER TO THE REAL PROPERTY, PROVIDED THAT SUCH REAL PROPERTY SHALL
INCLUDE ONLY RESIDENTIAL BUILDINGS THAT CONTAIN FOUR OR MORE RESIDENTIAL
UNITS AND ALL COMMERCIAL REAL PROPERTY INCLUDING, BUT  NOT  LIMITED  TO,
OFFICE BUILDINGS, INDUSTRIAL FACILITIES, RETAIL SHOPS AND LODGING ESTAB-
LISHMENTS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.