Bill Text: NY A01508 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a payment verification program for the purposes of ensuring that certified businesses on subcontracts, are able to confirm that such certified business has received prompt payment from a contractor within fifteen days of a contractors submission of an invoice to the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A01508 Detail]

Download: New_York-2019-A01508-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1508
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
        AN  ACT to amend the executive law, in relation to instituting a payment
          verification program for certified businesses on subcontracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 311 of the executive law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5. (a) The director shall establish a payment verification program for
     4  the  purposes of ensuring that certified businesses on subcontracts, are
     5  able to confirm that such certified business has received prompt payment
     6  from a contractor within fifteen days of a contractors submission of  an
     7  invoice to the state. Such program shall:
     8    (i)  Utilize the state's electronic tracking system to monitor compli-
     9  ance with prompt payment as set forth in this paragraph;
    10    (ii) Ensure that certified businesses on subcontracts are contacted to
    11  ensure payment was received;
    12    (iii) Require that discrepancies between the payment  amount  reported
    13  by  certified businesses on subcontracts and the payment amount actually
    14  received from the prime contractor, be resolved  before  any  additional
    15  payments are made to the prime contractor; and
    16    (iv)  Require  that  prime contractors submit to the state an image of
    17  the cancelled check written to the certified business on subcontract for
    18  each invoice.
    19    (b) Such program shall be published on the  New  York  state  contract
    20  system website, in solicitation documents, and in contract documents.
    21    (c) Compliance with the payment verification program shall be a manda-
    22  tory provision of a prime contract.
    23    §  2.  This act shall take effect immediately; provided, however, that
    24  the amendments to section 311 of the executive law made by  section  one
    25  of this act shall not affect the expiration of such section and shall be
    26  deemed to expire therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00189-01-9