Bill Text: NY A04890 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to prompt payments to counties by the state.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A04890 Detail]

Download: New_York-2019-A04890-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4890
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of A. BLANKENBUSH, DiPIETRO, HAWLEY, CROUCH, GIGLIO,
          BRABENEC, D'URSO -- Multi-Sponsored by -- M. of A. B. MILLER  --  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:
     1    Section 1. Subdivision 1 of section 179-f of the state finance law, as
     2  amended  by  chapter  332  of  the  laws  of 1989, is amended to read as
     3  follows:
     4    1. Each state agency which is required to make a  payment  from  state
     5  funds  pursuant  to  a  contract  and  which does not make such contract
     6  payment by the required payment date shall make an interest  payment  to
     7  the  contractor or county government in accordance with this article, or
     8  other provisions of law, on the amount of the contract payment which  is
     9  due,  unless  failure  to  make such contract payment is the result of a
    10  lien, attachment, or other legal process  against  the  money  due  said
    11  contractor  or  county  government, or unless the amount of the interest
    12  payment as computed in accordance with the  provisions  of  section  one
    13  hundred  seventy-nine-g  of this article is less than ten dollars. A pro
    14  rata share of such interest shall be paid by the contractor  or  subcon-
    15  tractor,  as  the  case  may  be, to subcontractors and materialmen in a
    16  proportion equal to the percentage  of  their  pro  rata  share  of  the
    17  contract  payment.  Such pro rata share of interest shall be due to such
    18  subcontractors and materialmen only for those  payments  which  are  not
    19  paid to such subcontractors and materialmen prior to the date upon which
    20  interest  begins  to accrue between the state agency and the contractor.
    21  Such pro rata share of interest  shall  be  computed  daily  until  such
    22  payments are made to the subcontractors and materialmen.
    23    §  2.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03673-01-9