senate Bill S6387B

Signed By Governor
2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9174 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2016 signed chap.36
May 13, 2016 delivered to governor
May 11, 2016 returned to assembly
passed senate
3rd reading cal.18
substituted for s6387b
May 11, 2016 substituted by a9174a
May 03, 2016 amended on third reading 6387b
Feb 02, 2016 amended on third reading (t) 6387a
Feb 02, 2016 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Jan 26, 2016 referred to ways and means
delivered to assembly
passed senate
Jan 11, 2016 ordered to third reading cal.18
Jan 08, 2016 referred to rules

Votes

view votes

Jan 11, 2016 - Rules committee Vote

S6387
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S6387 - Details

See Assembly Version of this Bill:
A9174A
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)
Versions Introduced in Previous Legislative Sessions:
2015-2016: S5283A
2013-2014: S5283A

S6387 - Summary

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

S6387 - Sponsor Memo

S6387 - Bill Text download pdf

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

                                  6387

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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 chapter 568 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,  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 chapter 568
of the laws of 2015 and subdivision 2 as separately amended  by  chapter
548 of the laws of 2015, 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
determine the resources applied or used by a  contractor  in  fulfilling
the terms of the contract;
  (c) the necessary state government appropriation required to authorize
payment has yet to be enacted;

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

S6387A - Details

See Assembly Version of this Bill:
A9174A
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)
Versions Introduced in Previous Legislative Sessions:
2015-2016: S5283A
2013-2014: S5283A

S6387A - Summary

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

S6387A - Sponsor Memo

S6387A - Bill Text download pdf

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

                                 6387--A
    Cal. No. 18

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the 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, 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
                      [ ] is old law to be omitted.
                                                           LBD09804-10-6

Co-Sponsors

S6387B (ACTIVE) - Details

See Assembly Version of this Bill:
A9174A
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)
Versions Introduced in Previous Legislative Sessions:
2015-2016: S5283A
2013-2014: S5283A

S6387B (ACTIVE) - Summary

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

S6387B (ACTIVE) - Sponsor Memo

S6387B (ACTIVE) - Bill Text download pdf

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

                                 6387--B
    Cal. No. 18

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading -- again amended and ordered  reprinted,
  retaining its place in the 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

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.