Section 179-E. Definitions  


Latest version.
  • 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 to a state agency;
        b.   constructing,   reconstructing,   rehabilitating,   or  repairing
      buildings or highways for, or on behalf of, a state agency; or
        c. rendering or providing services pursuant to a contract with a state
      agency.
        3. "Designated payment office" means  the  office  designated  by  the
      state  agency  to  which  a  proper  invoice  is  to  be  submitted by a
      contractor.
        4. "Payment date" means the date on which a check for payment pursuant
      to a contract is dated.
        5. "Proper invoice" means a written request  for  a  contract  payment
      that  is submitted by a contractor setting forth the description, price,
      and quantity of goods, property, or services delivered or  rendered,  in
      such  form  and  supported by such other substantiating documentation as
      the state comptroller or individual state agency may reasonably require.
        6. "Receipt of an invoice" means  (a)  the  date  on  which  a  proper
      invoice  is  actually  received in the designated payment office, or (b)
      the date on  which  the  state  agency  receives  the  purchased  goods,
      property, or services covered by the proper invoice, whichever is later,
      or  (c)  in  regard to final payments on highway construction contracts,
      the date determined in accordance with the provisions of  paragraph  (g)
      of subdivision seven of section thirty-eight of the highway law.
        7.  "Required payment date" means the date by which a contract payment
      must be made in order for the state government not to become liable  for
      interest  payments,  pursuant  to subdivision two or subdivision five of
      section one hundred seventy-nine-f of this article.
        8. "Set-off" means the reduction by the comptroller of a  payment  due
      to  a  contractor  by an amount equal to the amount of an unpaid legally
      enforceable debt owed by the contractor to the state of New York.
        9. "State agency" means any  department,  board,  bureau,  commission,
      division,  office,  council, institution, or committee in the executive,
      legislative,  or  judicial  branches  of  state  government;  the   city
      university  of  New  York  when  acting  on  behalf of any of its senior
      colleges;  the  facilities  development  corporation;   or   the   state
      university construction fund.
        10.  "State  funds"  means  funds  held  in joint custody by the state
      comptroller and the state commissioner of taxation and finance.