Bill S5189-2013

Establishes that not-for-profit organizations shall be entitled to all prompt contracting interest due from a state agency at the time of the first payment

Establishes that not-for-profit organizations shall be entitled to all prompt contracting interest due from a state agency at the time of the first payment made to any such organization.

Details

Actions

  • Oct 21, 2013: VETOED MEMO.235
  • Oct 9, 2013: DELIVERED TO GOVERNOR
  • Jun 19, 2013: returned to senate
  • Jun 19, 2013: passed assembly
  • Jun 19, 2013: ordered to third reading rules cal.462
  • Jun 19, 2013: substituted for a7471
  • May 29, 2013: referred to governmental operations
  • May 29, 2013: DELIVERED TO ASSEMBLY
  • May 29, 2013: PASSED SENATE
  • May 23, 2013: ADVANCED TO THIRD READING
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.657
  • May 14, 2013: REFERRED TO FINANCE

Meetings

Votes

Memo

BILL NUMBER:S5189

TITLE OF BILL: An act to amend the state finance law, in relation to the payment of interest due to not-for-profit organizations

PURPOSE:

To require agencies to pay any prompt contracting interest due within thirty days of the date the payment or payments required under a contract approved late are made to a not-for-profit organization.

SUMMARY OF PROVISIONS:

Section 1 - amends Subdivision 2 of Section 179-v of the State Finance Law to establish that a not-for-profit organization shall be entitled to receive all interest due from a state agency pursuant to this Section within thirty days of the date the payment or payments required under a contract are made to any such organization. Provided, however, if monies from any appropriation or appropriations as described in Subdivision 3 of Section 179-v of the State Finance Law are not available for the payment of such interest, such payment shall be made immediately after such monies become available.

Section 2 - provides for an effective date of immediately after this bill is signed into law.

PRIOR LEGISLATIVE HISTORY:

2012 - S.6469/A.9342

JUSTIFICATION:

The Prompt Contracting law (Article 11-B of the State Finance Law) establishes the requirements for interest that is due on late contracts for grants, but does not establish when that interest must be paid. This creates an incentive for agencies to pay interest late in the year or not at all. This situation makes the law ineffective and disadvantages not-for-profits.

BUDGET IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5189 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sens. DeFRANCISCO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to the payment of interest due to not-for-profit organizations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 179-v of the state finance law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 2. Such organizations shall receive such interest payments WITHIN THIRTY DAYS OF THE DATE THE PAYMENT OR PAYMENTS REQUIRED UNDER THE CONTRACT ARE MADE TO ANY SUCH ORGANIZATION; PROVIDED, HOWEVER, IF MONIES FROM ANY APPROPRIATION OR APPROPRIATIONS AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION ARE NOT AVAILABLE FOR THE PAYMENT OF SUCH INTER- EST, SUCH PAYMENT SHALL BE MADE IMMEDIATELY AFTER SUCH MONIES BECOME AVAILABLE. SUCH INTEREST PAYMENTS SHALL BE MADE at a rate equal to the rate set by the commissioner of taxation and finance for corporate taxes pursuant to paragraph one of subsection (e) of section one thousand ninety-six of the tax law. In order for a state agency to approve reimbursement of a not-for-profit organization at a rate other than the interest rate stated in this section the not-for-profit organization shall submit documentation indicating the rate at which such funds were borrowed, the lender of such funds and any other information requested by the state agency, attorney general or the comptroller. The comp- troller may disallow such portions of the interest that the comptroller deems unreasonable. S 2. This act shall take effect immediately.

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