Louisiana 2010 Regular Session

Louisiana House Bill HB864

Introduced
3/29/10  

Caption

Provides interest penalties if an agency fails to pay contracts in a timely manner (OR SEE FISC NOTE GF EX)

Impact

The implementation of HB 864 would significantly increase accountability for state agencies concerning their payment obligations. By mandating interest penalties for late payments, the bill aims to protect businesses and individuals contracting with the state from excessive delays that could adversely affect their operations and finances. As a result, this could enhance the relationship between the state and its contractors, fostering a more trustworthy and reliable procurement process.

Summary

House Bill 864 aims to establish clear penalties for state agencies that fail to pay contractors on time. The bill proposes a tiered system of interest penalties based on how late the payment is made. Specifically, if a payment is between 60 to 89 days late, the agency owes an interest penalty of 20% of the total payment; if the payment is between 90 to 119 days late, the penalty increases to 30%; and if the payment is over 120 days late, a penalty of 40% is imposed. This measure is intended to incentivize timely payments and uphold contractual agreements between the state and its contractors.

Sentiment

Overall, the sentiment surrounding HB 864 appears to be positive, as it caters to the interests of businesses that frequently engage in contracts with state agencies. Supporters of the bill argue that it empowers contractors and ensures they are treated fairly when payments are delayed. Nonetheless, there is a concern that imposing such penalties could strain the budgets of state agencies, potentially leading to complications in other areas of funding and contracting. Some critics might view the bill as overly punitive, although they generally agree on the necessity of timely payments.

Contention

Debate around HB 864 centers on the balance of enforcing strict penalties versus the operational realities faced by state agencies. Proponents advocate strongly for the interests of businesses, emphasizing the need for systematic accountability in public procurement. However, opponents may express concerns that such rigid penalties could discourage agencies from entering contracts with smaller firms due to fear of incurring late payment penalties. Ultimately, while the bill has a clear intent to streamline financial responsibilities, it raises questions about the potential repercussions for state agency operations.

Companion Bills

No companion bills found.

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