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Assembly Bill A9174

Signed By Governor

2015-2016 Legislative Session

Requires state agencies to pay small businesses within fifteen days of receipt of an invoice

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

co-Sponsors

2015-A9174 - Details

Law Section:
State Finance Law
Laws Affected:
Amd §179-f, St Fin L; amd §2, Chap of 2015 (as proposed in S.5283-A and A.6902-B)

2015-A9174 - Summary

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

2015-A9174 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9174

                          I N  A S S E M B L Y

                            February 1, 2016
                               ___________

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 small businesses within fifteen days of receipt of an
  invoice; and to amend a chapter of the laws of 2015 amending the state
  finance law relating to requiring state agencies to  pay  small  busi-
  nesses  within  fifteen  days of receipt of an invoice, as proposed in
  legislative bills numbers S.5283-A and A.6902-B, in relation to making
  technical corrections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 2 and 6 of section 179-f of the state finance
law, subdivision 2 as amended and subdivision 6 as added by a chapter of
the laws of 2015 amending the state finance law  relating  to  requiring
state agencies to pay small businesses within fifteen days of receipt of
an  invoice,  as  proposed  in  legislative  bills  numbers S.5283-A and
A.6902-B, are amended to read as follows:
  2. The required payment date shall be thirty calendar days,  excluding
legal  holidays,  provided,  however,  that  for  a  small  business the
required payment date shall be fifteen calendar  days,  excluding  legal
holidays,  ABSENT  A  SHOWING BY THE CONTRACTING AGENCY OF CIRCUMSTANCES
BEYOND ITS CONTROL, PROVIDED THAT THE SMALL BUSINESS SUBMITS ITS INVOICE
ELECTRONICALLY, IN CONFORMANCE WITH THE POLICIES AND PROCEDURES  OF  THE
ACCOUNTING AND FINANCIAL MANAGEMENT SYSTEM OF STATE GOVERNMENT AND IDEN-
TIFIES  THAT  IT IS SEEKING EXPEDITED PAYMENT AS A SMALL BUSINESS, or in
the case of final payments on highway  construction  contracts  seventy-
five  calendar  days,  excluding  legal  holidays,  after  receipt of an
invoice for the amount of the contract payment due; except when:
  (a) the state comptroller in the course of his or her audit determines
that there is reasonable cause to believe that payment may not  properly
be due, in whole or in part;
  (b)  in  accordance with specific statutory or contractual provisions,
payment must be preceded by an inspection  period  or  by  an  audit  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09804-09-6

co-Sponsors

2015-A9174A (ACTIVE) - Details

Law Section:
State Finance Law
Laws Affected:
Amd §179-f, St Fin L; amd §2, Chap of 2015 (as proposed in S.5283-A and A.6902-B)

2015-A9174A (ACTIVE) - Summary

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

2015-A9174A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9174--A
                                                            R. R. 14

                          I N  A S S E M B L Y

                            February 1, 2016
                               ___________

Introduced  by  M.  of  A. BLAKE, AUBRY -- read once and referred to the
  Committee on Ways and Means -- amended on the special order  of  third
  reading,  ordered  reprinted  as  amended,  retaining its place on the
  special order of third reading

AN ACT to amend the state finance law, in relation  to  requiring  state
  agencies  to pay small businesses within fifteen days of receipt of an
  invoice; and to amend a chapter of the laws of 2015 amending the state
  finance law relating to requiring state agencies to  pay  small  busi-
  nesses  within  fifteen  days of receipt of an invoice, as proposed in
  legislative bills numbers S.5283-A and A.6902-B, in relation to making
  technical corrections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 2 and 6 of section 179-f of the state finance
law, subdivision 2 as amended and subdivision 6 as added by a chapter of
the laws of 2015 amending the state finance law  relating  to  requiring
state agencies to pay small businesses within fifteen days of receipt of
an  invoice,  as  proposed  in  legislative  bills  numbers S.5283-A and
A.6902-B, subdivision 2 as separately amended by a chapter of  the  laws
of  2015 amending the state finance law relating to the determination of
eligibility for payment of interest on amounts owed to  contractors,  as
proposed  in legislative bills numbers S.4929 and A.7579, are amended to
read as follows:
  2. The required payment date shall be thirty calendar days,  excluding
legal  holidays,  provided,  however,  that  for  a  small  business the
required payment date shall be fifteen calendar  days,  excluding  legal
holidays,  ABSENT  A  SHOWING BY THE CONTRACTING AGENCY OF CIRCUMSTANCES
BEYOND ITS CONTROL, PROVIDED THAT THE SMALL BUSINESS SUBMITS ITS INVOICE
ELECTRONICALLY, IN CONFORMANCE WITH THE POLICIES AND PROCEDURES  OF  THE
ACCOUNTING AND FINANCIAL MANAGEMENT SYSTEM OF STATE GOVERNMENT AND IDEN-
TIFIES  THAT  IT IS SEEKING EXPEDITED PAYMENT AS A SMALL BUSINESS, or in
the case of final payments on highway  construction  contracts  seventy-
five  calendar  days,  excluding  legal  holidays,  after  receipt of an
invoice for the amount of the contract payment due; except when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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