Bill Text: CA SB399 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: California Prompt Payment Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB399 Detail]

Download: California-2013-SB399-Amended.html

---

BILL NUMBER: SB 399	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wright

                        FEBRUARY 20, 2013

   An act to  amend   add  Section 
10101 of the Public Contract   927.14 to the Government
 Code, relating to state contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 399, as amended, Wright. State contracts:  toxic
substances:  expedited payment procedure. 
   The State Contract Act prescribes the procedures and requirements
applicable to various state agency contracts. The act excludes
contracts made for specified emergency toxic substance work or
remedial measures from the procedures and requirements of the State
Contract Act, if the work is immediately necessary to protect the
health, safety, and welfare of the general public, as specified.
 
   The California Prompt Payment Act provides that a state agency
that fails to make a timely payment for goods or services acquired
pursuant to a contract with a specified business or organization is
subject to a late payment penalty. 
   This bill would  require an expedited payment procedure
for work that is successfully performed for contracts made for
specified emergency toxic substances or remedial measures 
 require, if a state agency receives an invoice for the
successful completion of a contract for which emergency work or
remedial measures were necessary to immediately avert, alleviate,
repair, or mitigate destruction of property, the state agency to
submit the invoice to the Controller for payment not more than 15
days from receipt of the invoice  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 927.14 is added to the 
 Government Code   , to read:  
   927.14.  Notwithstanding any other provision of law, except where
payment is made directly by a state agency pursuant to Section 927.6,
if a state agency receives an invoice for the successful completion
of a contract for which emergency work or remedial measures were
necessary to immediately avert, alleviate, repair, or mitigate
destruction of property, the state agency shall submit the invoice to
the Controller for payment not more than 15 days from receipt of the
invoice.  
  SECTION 1.    Section 10101 of the Public Contract
Code is amended to read:
   10101.  (a) Contracts for the purchase of supplies or materials,
which are purchased pursuant to Chapter 2 (commencing with Section
10290), are not subject to this chapter, even though the seller is
required to perform some incidental work or service in connection
with the delivery of the material or supplies.
   (b) Contracts for which emergency work or remedial measures are
required are not subject to this chapter if the work or remedial
measures are necessary to immediately avert, alleviate, repair, or
mitigate destruction of property caused by the accidental or
unplanned release of toxic substances and are necessary to protect
the health, safety, and welfare of the general public. Work that is
successfully performed pursuant to a contract under this subdivision
shall be paid pursuant to an expedited payment procedure.