Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 179-E
Definitions
State Finance (STF) CHAPTER 56, ARTICLE 11-A
§ 179-e. Definitions. As used in this article, the following terms
shall have the following meanings unless otherwise specified:

1. "Contract" means an enforceable agreement entered into by a
contractor and a state agency.

2. "Contractor" means any person, partnership, firm, corporation, or
association:

a. selling materials, equipment, or supplies or leasing property or
equipment to a state agency;

b. constructing, reconstructing, rehabilitating, or repairing
buildings or highways for, or on behalf of, a state agency; or

c. rendering or providing services pursuant to a contract with a state
agency.

3. "Designated payment office" means the office designated by the
state agency to which a proper invoice is to be submitted by a
contractor.

4. "Payment date" means the date on which a check for payment pursuant
to a contract is dated.

5. "Proper invoice" means a written request for a contract payment
that is submitted by a contractor setting forth the description, price,
and quantity of goods, property, or services delivered or rendered, in
such form and supported by such other substantiating documentation as
the state comptroller or individual state agency may reasonably require.

6. "Receipt of an invoice" means (a) the date on which a proper
invoice is actually received in the designated payment office, or (b)
the date on which the state agency receives the purchased goods,
property, or services covered by the proper invoice, whichever is later,
or (c) in regard to final payments on highway construction contracts,
the date determined in accordance with the provisions of paragraph (g)
of subdivision seven of section thirty-eight of the highway law.

7. "Required payment date" means the date by which a contract payment
must be made in order for the state government not to become liable for
interest payments, pursuant to subdivision two or subdivision five of
section one hundred seventy-nine-f of this article.

8. "Set-off" means the reduction by the comptroller of a payment due
to a contractor by an amount equal to the amount of an unpaid legally
enforceable debt owed by the contractor to the state of New York.

9. "State agency" means any department, board, bureau, commission,
division, office, council, institution, or committee in the executive,
legislative, or judicial branches of state government; the city
university of New York when acting on behalf of any of its senior
colleges; the facilities development corporation; or the state
university construction fund.

10. "State funds" means funds held in joint custody by the state
comptroller and the state commissioner of taxation and finance.