Louisiana 2016 Regular Session

Louisiana House Bill HB1128

Introduced
4/5/16  
Introduced
4/5/16  

Caption

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

Impact

The bill's implementation is expected to have significant effects on how obligations under public contracts are managed at the state level. By requiring prompt payment, it intends to foster a more reliable financial environment for subcontractors who often depend on timely payments to maintain operations. Furthermore, it lays down provisions for vendors that detail the penalties, such as accruing interest on unpaid amounts, thereby incentivizing compliance and reducing potential disputes related to payment delays.

Summary

House Bill 1128 aims to establish clear requirements regarding payment obligations between governmental entities and vendors within Louisiana. The proposed legislation mandates that vendors who receive payments from government entities must pay their subcontractors the proper share of those payments within ten days of receiving such payments. Additionally, the bill specifies that payments become overdue after this ten-day period, which is designed to promote timely financial transactions in public contracts.

Sentiment

The sentiment surrounding HB 1128 appears overall supportive, particularly from stakeholders in the contracting community who seek improved payment timelines from governmental agencies. However, there are concerns raised regarding the practicality of enforcing such requirements. Advocates argue that the bill could significantly aid small businesses, while critics question if the new regulations might lead to heightened administrative burdens for governmental entities.

Contention

Debate on this bill highlights the tension between ensuring prompt payment for subcontractors and the broader implications for government operations. Some members express concern that stipulating strict payment deadlines could complicate the contractual processes and could potentially lead to disputes if entities fail to meet these obligations. Additionally, provisions that allow vendors to suspend work on contracts for overdue payments are contentious, especially regarding critical projects associated with the Department of Transportation and Development.

Companion Bills

No companion bills found.

Previously Filed As

LA HB1062

Requires certain contracting entities to submit information to the commissioner of administration prior to contracting with a state agency or receiving monies (OR +$60,000 GF EX See Note)

LA HB558

Requires certain contracting entities to submit information to the legislative auditor prior to contracting with a state agency or receiving state monies (RE INCREASE GF EX See Note)

LA HB559

Requires certain contracting entities to submit information to the legislative auditor prior to contracting with a state agency or receiving state monies (OR +$121,500 GF EX See Note)

LA HB864

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

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 HB42

Requires certain contracting entities to submit information to the legislative auditor prior to contracting with a state agency or receiving state monies (Item #33) (RE INCREASE GF EX See Note)

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 HB805

Provides for required information from entities with state contracts (OR SEE FISC NOTE GF EX See Note)

LA HB172

Provides relative to disclosure and remittance of revenues in excess of certain contractual amounts in certain circumstances for certain contractors with the state's Office of Group Benefits (EN SEE FISC NOTE SG RV)

LA SB458

Provides for quarterly reporting requirements for certain contracts in the executive branch of state government. (gov sig) (OR SEE FISC NOTE GF EX)

Similar Bills

TX HB3913

Relating to retainage requirements for certain public works construction projects.

MS HB1237

Public servants; revise the time period in which one may contract with the state or local government.

TX HB692

Relating to retainage requirements for certain public works construction projects.

TX SB1097

Relating to retainage requirements for certain public works construction projects.

TX HB2135

Relating to retainage requirements for certain public works construction projects.

IL SB2729

GOVERNMENT CONTRACT RETAINAGE

IL HB4418

GOVERNMENT CONTRACT RETAINAGE

TX HB2670

Relating to governmental liability for interest resulting from a claim for payment for goods or services.