Bill Text: NY A06902 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires state agencies to pay small businesses within fifteen days of receipt of an invoice.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2015-12-21 - approval memo.24 [A06902 Detail]

Download: New_York-2015-A06902-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6902
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 10, 2015
                                      ___________
       Introduced  by M. of A. BLAKE -- read once and referred to the Committee
         on Ways and Means
       AN ACT to amend the state finance law, in relation  to  requiring  state
         agencies  to  pay minority and women-owned business enterprises within
         fifteen days of receipt of a request for payment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  state finance law is amended by adding a new section
    2  139-l to read as follows:
    3    S 139-L. PAYMENT TO MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES.
    4  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE CONTRARY, ALL
    5  CONTRACTS MADE  AND  AWARDED  BY  A  STATE  AGENCY  TO  A  MINORITY  AND
    6  WOMEN-OWNED  BUSINESS ENTERPRISE CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
    7  OF THE EXECUTIVE LAW, HEREAFTER REFERRED TO AS CONTRACTOR, SHALL PROVIDE
    8  FOR PAYMENT BY THE STATE AGENCY TO THE CONTRACTOR IN ACCORDANCE WITH THE
    9  FOLLOWING:
   10    1. IN ACCORDANCE WITH THE TERMS OF THE CONTRACT, THE CONTRACTOR  SHALL
   11  SUBMIT  TO THE STATE AGENCY A REQUEST FOR PAYMENT FOR THE WORK PERFORMED
   12  AND/OR THE MATERIALS FURNISHED TO THE DATE OF THE REQUEST  FOR  PAYMENT,
   13  LESS  ANY  AMOUNT PREVIOUSLY PAID TO THE CONTRACTOR. WITHIN FIFTEEN DAYS
   14  OF RECEIPT OF THE REQUEST, THE STATE AGENCY SHALL IN ACCORDANCE WITH THE
   15  TERMS OF THE CONTRACT APPROVE AND PROMPTLY PAY THE  CONTRACTOR  LESS  AN
   16  AMOUNT  NECESSARY  TO SATISFY ANY CLAIMS, LIENS OR JUDGMENTS AGAINST THE
   17  CONTRACTOR WHICH HAVE NOT BEEN SUITABLY DISCHARGED.  WHEN  THE  WORK  OR
   18  MAJOR  PORTIONS THEREOF AS CONTEMPLATED BY THE TERMS OF THE CONTRACT ARE
   19  SUBSTANTIALLY COMPLETED, THE CONTRACTOR SHALL SUBMIT TO THE STATE AGENCY
   20  A REQUEST FOR PAYMENT OF THE REMAINING AMOUNT OF THE  CONTRACT  BALANCE.
   21  WITHIN  FIFTEEN  DAYS OF RECEIPT OF SUCH REQUEST, THE STATE AGENCY SHALL
   22  APPROVE AND PAY THE REMAINING AMOUNT OF THE CONTRACT  BALANCE  LESS  TWO
   23  TIMES  THE  VALUE  OF  ANY REMAINING ITEMS TO BE COMPLETED AND AN AMOUNT
   24  NECESSARY TO SATISFY ANY CLAIMS, LIENS OR JUDGMENTS AGAINST THE CONTRAC-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09804-01-5
       A. 6902                             2
    1  TOR WHICH HAVE NOT BEEN SUITABLY DISCHARGED. AS THE REMAINING  ITEMS  OF
    2  WORK  ARE  SATISFACTORILY COMPLETED OR CORRECTED, THE STATE AGENCY SHALL
    3  PROMPTLY PAY, WITHIN FIFTEEN DAYS OF RECEIPT OF A REQUEST  FOR  PAYMENT,
    4  FOR  THESE  REMAINING  ITEMS  LESS  AN  AMOUNT  NECESSARY TO SATISFY ANY
    5  CLAIMS, LIENS OR JUDGMENTS AGAINST THE CONTRACTOR WHICH  HAVE  NOT  BEEN
    6  SUITABLY DISCHARGED. ANY CLAIMS, LIENS AND JUDGMENTS REFERRED TO IN THIS
    7  SECTION  SHALL  PERTAIN TO THE WORK CONTRACTED FOR AND SHALL BE FILED IN
    8  ACCORDANCE WITH THE TERMS OF THE APPLICABLE CONTRACT  AND/OR  APPLICABLE
    9  LAWS.
   10    2.  IN THE EVENT THAT THE TERMS OF PAYMENT AS PROVIDED IN THIS SECTION
   11  ARE PRE-EMPTED OR SUPERSEDED AS A RESULT OF THE PROVISIONS OF ANY FEDER-
   12  AL STATUTE, REGULATION OR RULE, THE TERMS  OF  THIS  SECTION  SHALL  NOT
   13  APPLY.
   14    S  2.  This  act shall take effect on the ninetieth day after it shall
   15  have become a law.