Assembly Bill A1400

2023-2024 Legislative Session

Relates to prompt payments to counties by the state

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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2023-A1400 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §179-f, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9519
2013-2014: A4907
2015-2016: A5101
2017-2018: A4823
2019-2020: A4890
2021-2022: A4206

2023-A1400 (ACTIVE) - Summary

Relates to prompt payments to counties by the state; provides if prompt payment is not provided an interest payment shall be made to the contractor or county government.

2023-A1400 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1400
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. BLANKENBUSH, ANGELINO, BRABENEC, BYRNES, DeSTEFA-
   NO,  DURSO, HAWLEY, McDONOUGH, MILLER, SMULLEN, TAGUE -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to prompt payment  to
   counties from the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 179-f of the state finance law, as
 amended by chapter 332 of the laws  of  1989,  is  amended  to  read  as
 follows:
   1.  Each  state  agency which is required to make a payment from state
 funds pursuant to a contract and  which  does  not  make  such  contract
 payment  by  the required payment date shall make an interest payment to
 the contractor OR COUNTY GOVERNMENT in accordance with this article,  OR
 OTHER  PROVISIONS OF LAW, on the amount of the contract payment which is
 due, unless failure to make such contract payment is  the  result  of  a
 lien,  attachment,  or  other  legal  process against the money due said
 contractor OR COUNTY GOVERNMENT, or unless the amount  of  the  interest
 payment  as  computed  in  accordance with the provisions of section one
 hundred seventy-nine-g of this article is less than ten dollars.  A  pro
 rata  share  of such interest shall be paid by the contractor or subcon-
 tractor, as the case may be, to  subcontractors  and  materialmen  in  a
 proportion  equal  to  the  percentage  of  their  pro rata share of the
 contract payment. Such pro rata share of interest shall be due  to  such
 subcontractors  and  materialmen  only  for those payments which are not
 paid to such subcontractors and materialmen prior to the date upon which
 interest begins to accrue between the state agency and  the  contractor.
 Such  pro  rata  share  of  interest  shall be computed daily until such
 payments are made to the subcontractors and materialmen.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05166-01-3

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