Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to consumer protection |
Jul 16, 2009 |
committed to rules |
Jun 04, 2009 |
advanced to third reading |
Jun 03, 2009 |
2nd report cal. |
Jun 02, 2009 |
1st report cal.580 |
Mar 13, 2009 |
referred to consumer protection |
Senate Bill S3287
2009-2010 Legislative Session
Sponsored By
(D) 15th Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- 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
Actions
2009-S3287 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2025
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง756-f, Gen Bus L
2009-S3287 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3287 TITLE OF BILL : An act to amend the general business law, in relation to the prompt payment of construction contracts PURPOSE : This legislation would provide methods to insure prompt payment of construction contracts. JUSTIFICATION : Many times, construction businesses are forced to foot the bill for materials and labor while unethical developers earn interest on the payments being withheld from contracts for months or even years. This legislation would empower both prime and sub contractors to halt work for an owner's failure to pay and would also allow for interest to accrue on late or delayed payments. LEGISLATIVE HISTORY : A.11235 of 2008: Referred to Consumer Affairs & Protection FISCAL IMPLICATIONS : None to the State. EFFECTIVE DATE :
2009-S3287 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3287 2009-2010 Regular Sessions I N S E N A T E March 13, 2009 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the prompt payment of construction contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 756-f to read as follows: S 756-F. PROMPT PAYMENT. 1. AS USED IN THIS SECTION: (A) "BILLING" MEANS, IN ACCORDANCE WITH THE TERMS AND DEFINITIONS OF THE APPLICABLE CONTRACT, ANY PERIODIC PAYMENT, FINAL PAYMENT, WRITTEN APPROVED CHANGED ORDER OR REQUEST FOR RELEASE OF RETAINAGE. (B) "PRIME CONTRACTOR" MEANS A PERSON WHO CONTRACTS WITH AN OWNER TO IMPROVE REAL PROPERTY. (C) "IMPROVE" MEANS: TO BUILD, ALTER, REPAIR OR DEMOLISH ANY STRUCTURE UPON, CONNECTED WITH, ON OR BENEATH THE SURFACE OF ANY REAL PROPERTY; TO EXCAVATE, CLEAR, GRADE, FILL OR LANDSCAPE ANY REAL PROPERTY; TO CONSTRUCT DRIVEWAYS AND PRIVATE ROADWAYS ON REAL PROPERTY; TO FURNISH CONSTRUCTION RELATED MATERIALS, INCLUDING TREES AND SHRUBBERY, FOR ANY OF THE ABOVE PURPOSES; OR TO PERFORM ANY LABOR UPON A STRUCTURE, INCLUD- ING ANY DESIGN, PROFESSIONAL OR SKILLED SERVICES FURNISHED BY AN ARCHI- TECT, ENGINEER, LAND SURVEYOR OR LANDSCAPE ARCHITECT LICENSED OR REGIS- TERED PURSUANT TO THE LAWS OF THIS STATE. (D) "STRUCTURE" MEANS ALL OR ANY PART OF A BUILDING AND OTHER IMPROVE- MENTS TO REAL PROPERTY. (E) "OWNER" MEANS ANY PERSON, INCLUDING ANY PUBLIC OR GOVERNMENTAL ENTITY, WHO HAS AN INTEREST IN THE REAL PROPERTY TO BE IMPROVED AND WHO HAS CONTRACTED WITH A PRIME CONTRACTOR FOR SUCH IMPROVEMENT TO BE MADE. "OWNER" SHALL BE DEEMED TO INCLUDE ANY SUCCESSOR IN INTEREST OR AGENT ACTING ON BEHALF OF AN OWNER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04749-01-9
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