Bill Text: IA SF421 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to contract payments made by the state or an agency of the state to Iowa residents and businesses.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-03-09 - Subcommittee, Dvorsky, Dearden, and Schultz. S.J. 498. [SF421 Detail]

Download: Iowa-2015-SF421-Introduced.html
Senate File 421 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act relating to contract payments made by the state or an
  2    agency of the state to Iowa residents and businesses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  72.6  Contract payments.
  1  2    1.  The state or an agency of the state shall either make
  1  3 full or partial payments as required under a contract with
  1  4 an Iowa resident or a business organized under the laws of
  1  5 this state whose commercial domicile is in this state or shall
  1  6 provide a written statement to such other party to the contract
  1  7 explaining the reason an invoice is in dispute within sixty
  1  8 days of one of the following dates, whichever is earlier:
  1  9    a.  The date the state or an agency of the state receives an
  1 10 invoice showing a payment is due and payable.
  1 11    b.  The date a payment becomes due and payable under a
  1 12 contract.
  1 13    2.  For purposes of this section, receipt of an invoice
  1 14 occurs at the time of actual physical or electronic delivery.
  1 15 In a dispute regarding the date of the receipt of an invoice,
  1 16 the burden of proof is on the state or agency of the state
  1 17 to establish by a preponderance of the evidence the date of
  1 18 receipt.  An intake bates stamp using time and date and made
  1 19 with a stamping mechanism that is resistant to tampering shall
  1 20 be considered prima facie evidence of the date of receipt.
  1 21                           EXPLANATION
  1 22 The inclusion of this explanation does not constitute agreement with
  1 23 the explanation's substance by the members of the general assembly.
  1 24    This bill relates to contract payments made by the state or
  1 25 an agency of the state to Iowa residents and businesses.
  1 26    The bill requires the state or an agency of the state to
  1 27 either make full or partial payments as required under a
  1 28 contract with an Iowa resident or a business organized under
  1 29 Iowa law whose commercial domicile is in Iowa or to provide
  1 30 a written statement to such other party to the contract
  1 31 explaining the reason an invoice is in dispute within 60 days
  1 32 of the date an invoice is received or the date a payment is due
  1 33 and payable under a contract, whichever is earlier.  The bill
  1 34 provides that in a dispute regarding the date of the receipt
  1 35 of an invoice, the burden of proof is on the state or an agency
  2  1 of the state to establish by a preponderance of the evidence
  2  2 the date of receipt.
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