§ 179-d. Legislative intent. Firms and organizations that do business with the state of New York expect and deserve to be paid in a prompt and timely manner. Unjustified delays in paying vendors, construction contractors, and providers of service may discourage such firms and organizations from doing business with the state of New York and […]
§ 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 […]
§ 179-f. Determination of eligibility for payment of interest on amounts owed to contractors. 1. Each state agency which is required to make a payment from state funds pursuant to a contract and which does not make such contract payment by the required payment date shall make an interest payment to the contractor in accordance […]
§ 179-g. Computation of interest payment. Interest payments on amounts due to a contractor pursuant to this article shall be paid to the contractor for the period beginning on the day after the required payment date and ending on the payment date for those payments required according to this article and shall be paid at […]
§ 179-h. Determination of appropriations against which interest payments are to be charged. Except in situations when federal law or the provisions of section one hundred seventy-nine-o of this article require otherwise, an interest payment required by this article shall be paid from the same appropriation as that from which the related proper invoice is […]
§ 179-i. Exclusion of interest from reimbursement rates. Any interest paid to a contractor pursuant to the provisions of this article shall not be included as revenue for the purposes of determining any reimbursement rates applicable to such contractor.
§ 179-j. Disclaimer of state responsibility for interest payments incurred by contractors. In the event that an interest payment is made by a contractor in the course of transacting business with any entity other than a state agency, such interest shall not be an obligation of the state and the state shall not reimburse the […]
§ 179-k. Acceptance of payment. The acceptance of payment, in whole or in part, by a contractor shall not be deemed to constitute a waiver of interest otherwise due under the provisions of this article nor to supersede the provisions of section one hundred forty-five of this chapter.
§ 179-l. Provisions to control. No contract entered into after July first, nineteen hundred eighty-four shall contain any provision requiring the payment of interest in a manner inconsistent with this article, and any provision contained in such contract which waives the right to the payment of interest is hereby declared to be contrary to public […]
§ 179-m. Duties of the comptroller. 1. The state comptroller shall: a. Promulgate such rules and regulations as may be necessary to carry out the comptroller’s responsibilities under this article. b. Develop and implement a procedure for calculating the amount of interest, if any, due to any contractor pursuant to the provisions of this article. […]
§ 179-n. Judicial review. Any determination made by a state agency pursuant to subdivision three of section one hundred seventy-nine-f of this article shall be subject to judicial review in a proceeding pursuant to article seventy-eight of the civil practice law and rules. Such proceedings shall only be commenced in the absence, or upon completion, […]
§ 179-o. Court actions or other legal processes. 1. Notwithstanding any other provision of law to the contrary, the liability of the state government, insofar as incurring an obligation to make an interest payment to a contractor pursuant to the terms of this article is concerned, shall not extend beyond the date of a notice […]
§ 179-p. Inapplicability of the provisions. The provisions of this article shall not apply to payments due and owing by the state: 1. under the eminent domain procedure law; 2. as interest allowed on judgments rendered by a court pursuant to any provision of law other than those provisions contained in this article; 3. to […]
