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.

Previously Filed As

LA HB1128

Requires certain entities to make payments pursuant to certain contracts in a timely fashion (OR SEE FISC NOTE GF EX)

LA A07616

Relates to provisions governing contracting between state agencies and not-for-profit organizations including new, renewal, and extension contracts and advance payments and interest for such contracts; repeals provisions relating to interest payments.

LA SB242

Provides relative to interest and penalties applicable to local sales and use tax. (8/1/22) (EN SEE FISC NOTE LF RV See Note)

LA HB4837

Construction: contracts; prompt payment law; establish for contractors to pay subcontractors and suppliers in a timely manner. Creates new act.

LA SB0451

Construction: contracts; prompt payment law; establish for contractors to pay subcontractors and suppliers in a timely manner. Creates new act.

LA HB927

Provides for the merger of the office of contractual review and the office of state purchasing (OR SEE FISC NOTE GF EX)

LA HB140

Provides for a waiver of certain income tax penalties and interest (OR -$47,600,000 GF RV See Note)

LA SB94

Provides that public entities are liable for interest due for failure to pay progressive stage or final payments on public contracts under certain conditions. (8/1/18) (EN SEE FISC NOTE LF EX See Note)

LA SB507

Provides for the regulation and disclosure of expenditures by persons who lobby local government. (8/15/10) (EN SEE FISC NOTE GF EX See Note)

LA SB244

Provides for uniform definitions of independent contractor and employee and for penalties for the misclassification of employees. (2/3 - CA7s2.1(A)) (1/1/22) (EN SEE FISC NOTE OF RV See Note)

Similar Bills

CA SB1111

Public officers: contracts: financial interest.

CA SB640

California State University: food service contracts and hotel development projects.

CA AB3130

County board of supervisors: disclosure.

CA AB626

Conflicts of interest.

VA HB899

Conflict of Interests Act, State and Local Government, etc.; deadline for public disclosure.

VA HB899

Conflict of Interests Act, State and Local Government, etc.; deadline for public disclosure.

CA SB949

Conflicts of interest: public officers and employees: charter schools.

VA SB1349

Conflict of Interests Act, State and Local Government, etc.; annual filing of disclosure statements.