927. (a) This chapter shall be known and may be cited as the
California Prompt Payment Act.
(b) It is the intent of the Legislature that state agencies pay
properly submitted, undisputed invoices, refunds, or other undisputed
payments due to individuals within 45 days of receipt or
notification thereof, or automatically calculate and pay the
appropriate late payment penalties as specified in this chapter.
(c) Notwithstanding any other provision of law, this chapter shall
apply to all state agencies, including, but not limited to, the
Public Employees' Retirement System, the State Teachers' Retirement
System, the Treasurer, and the Department of General Services.
927.1. (a) (1) A state agency that acquires property or services
pursuant to a contract with a business, including any approved change
order or contract amendment, shall make payment to the person or
business on the date required by the contract and as required by
Section 927.4 or be subject to a late payment penalty.
(2) A state agency that awards a grant, as defined in subdivision
(b) of Section 927.2, shall make payment to the person or business
that is the recipient of the grant on the date required by the grant
and as required by Section 927.4 or be subject to a late payment
penalty.
(b) Except in the event of an emergency as provided in Section
927.11, effective January 1, 1999, the late payment penalties
specified in this chapter may not be waived, altered, or limited by
either of the following:
(1) A state agency acquiring property or services pursuant to a
contract or that awards a grant.
(2) Any person or business contracting with a state agency to
provide property or services or that is the recipient of a grant.
927.2. The following definitions apply to this chapter:
(a) "Claim schedule" means a schedule of payment requests prepared
and submitted by a state agency to the Controller for payment to the
named claimant.
(b) "Grant" means a signed final agreement between any state
agency and a local government agency or organization authorized to
accept grant funding for victim services or prevention programs
administered by any state agency. Any such grant is a contract and
subject to this chapter.
(c) "Invoice" means a bill or claim that requests payment on a
contract under which a state agency acquires property or services or
pursuant to a signed final grant agreement.
(d) "Medi-Cal program" means the program established pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code.
(e) "Nonprofit public benefit corporation" means a corporation, as
defined by subdivision (b) of Section 5046 of the Corporations Code,
that has registered with the Department of General Services as a
small business.
(f) "Nonprofit service organization" means a nonprofit entity that
is organized to provide services to the public.
(g) "Notice of refund or other payment due" means a state agency
provides notice to the person that a refund or payment is owed to
that person or the state agency receives notice from the person that
a refund or undisputed payment is due.
(h) "Payment" means any form of the act of paying, including, but
not limited to, the issuance of a warrant or a registered warrant by
the Controller, or the issuance of a revolving fund check by a state
agency, to a claimant in the amount of an undisputed invoice.
(i) "Reasonable cause" means a determination by a state agency
that any of the following conditions are present:
(1) There is a discrepancy between the invoice or claimed amount
and the provisions of the contract or grant.
(2) There is a discrepancy between the invoice or claimed amount
and either the claimant's actual delivery of property or services to
the state or the state's acceptance of those deliveries.
(3) Additional evidence supporting the validity of the invoice or
claimed amount is required to be provided to the state agency by the
claimant.
(4) The invoice has been improperly executed or needs to be
corrected by the claimant.
(5) There is a discrepancy between the refund or other payment due
as calculated by the person to whom the money is owed and by the
state agency.
(j) "Received by a state agency" means the date an invoice is
delivered to the state location or party specified in the contract or
grant or, if a state location or party is not specified in the
contract or grant, wherever otherwise specified by the state agency.
(k) "Required payment approval date" means the date on which
payment is due as specified in a contract or grant or, if a specific
date is not established by the contract or grant, 30 calendar days
following the date upon which an undisputed invoice is received by a
state agency.
(l) "Revolving fund" means a fund established pursuant to Article
5 (commencing with Section 16400) of Division 4 of Title 2.
(m) "Small business" means a business certified as a "small
business" in accordance with subdivision (d) of Section 14837.
(n) "Small business" and "nonprofit organization" mean, in
reference to providers under the Medi-Cal program, a business or
organization that meets all of the following criteria:
(1) The principal office is located in California.
(2) The officers, if any, are domiciled in California.
(3) If a small business, it is independently owned and operated.
(4) The business or organization is not dominant in its field of
operation.
(5) Together with any affiliates, the business or organization has
gross receipts from business operations that do not exceed three
million dollars ($3,000,000) per year, except that the Director of
Health Services may increase this amount if the director deems that
this action would be in furtherance of the intent of this chapter.
927.3. (a) Except where payment is made directly by a state agency
pursuant to Section 927.6, an undisputed invoice received by a state
agency shall be submitted to the Controller for payment by the
required payment approval date. A state agency may dispute an invoice
submitted by a claimant for reasonable cause if the state agency
notifies the claimant within 15 working days from receipt of the
invoice, or delivery of property or services, whichever is later. No
state employee shall dispute an invoice, on the basis of minor or
technical defects, in order to circumvent or avoid the general intent
or any of the specific provisions of this chapter.
(b) Except where payment is made directly by a state agency
pursuant to Section 927.13, a notice of refund or other payment due
received by a state agency shall be submitted to the Controller
within 30 calendar days of the agency's receipt of the notice. A
state agency may dispute a refund request for reasonable cause if the
state agency notifies the claimant within 15 working days after the
state agency receives notice from the individual that the refund is
due.
927.4. Except as otherwise provided in this chapter, to avoid late
payment penalties, the maximum time from state agency receipt of an
undisputed invoice to the date of payment is 45 calendar days. If
payment is not issued within 45 calendar days from the state agency
receipt of an undisputed invoice, late payment penalties shall be
paid to the claimant in accordance with Sections 927.6 and 927.7.
927.5. This chapter shall not apply to claims for reimbursement for
health care services provided under the Medi-Cal program, unless the
Medi-Cal health care services provider is a small business or
nonprofit organization. In applying this section to claims submitted
to the state, or its fiscal intermediary, by providers of services or
equipment under the Medi-Cal program, payment for claims shall be
due 30 days after a claim is received by the state or its fiscal
intermediary, unless reasonable cause for nonpayment exists. With
regard to Medi-Cal claims, reasonable cause shall include review of
claims to determine medical necessity, review of claims for providers
subject to special prepayment fraud and abuse controls, and claims
that require review by the fiscal intermediary or State Department of
Health Care Services due to special circumstances. Claims requiring
special review as specified above shall not be eligible for a late
payment penalty.
927.6. (a) State agencies shall pay applicable penalties, without
requiring that the claimant submit an additional invoice for these
amounts, whenever the state agency fails to submit a correct claim
schedule to the Controller by the required payment approval date and
payment is not issued within 45 calendar days from the state agency
receipt of an undisputed invoice. The penalty shall cease to accrue
on the date the state agency submits the claim schedule to the
Controller for payment or pays the claimant directly, and shall be
paid for out of the state agency's support appropriation. If the
claimant is a certified small business, a nonprofit organization, a
nonprofit public benefit corporation, or a small business or
nonprofit organization that provides services or equipment under the
Medi-Cal program, the state agency shall pay to the claimant a
penalty at a rate of 10 percent above the United States Prime Rate on
June 30 of the prior fiscal year. However, a nonprofit organization
shall only be eligible to receive a penalty payment if it has been
awarded a contract or grant in an amount less than five hundred
thousand dollars ($500,000). If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency.
(b) For all other businesses, the state agency shall pay a penalty
at a rate of 1 percent above the Pooled Money Investment Account
daily rate on June 30 of the prior fiscal year, not to exceed a rate
of 15 percent. If the amount of the penalty is one hundred dollars
($100) or less, the penalty shall be waived and not paid by the state
agency. On an exception basis, state agencies may avoid payment of
penalties for failure to submit a correct claim schedule to the
Controller by the required payment approval date by paying the
claimant directly from the state agency's revolving fund within 45
calendar days following the date upon which an undisputed invoice is
received by the state agency.
927.7. The Controller shall pay claimants within 15 calendar days
of receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days from state agency receipt of an undisputed
invoice, the Controller shall pay applicable penalties to the
claimant without requiring that the claimant submit an invoice for
these amounts. Penalties shall cease to accrue on the date full
payment is made, and shall be paid for out of the Controller's funds.
If the claimant is a certified small business, a nonprofit
organization, a nonprofit public benefit corporation, or a small
business or nonprofit organization that provides services or
equipment under the Medi-Cal program, the Controller shall pay to the
claimant a penalty at a rate of 10 percent above the United States
Prime Rate on June 30 of the prior fiscal year, from the 16th
calendar day following receipt of the claim schedule from the state
agency. However, a nonprofit organization shall only be eligible to
receive a penalty payment if it has been awarded a contract or grant
in an amount less than five hundred thousand dollars ($500,000). If
the amount of the penalty is ten dollars ($10) or less, the penalty
shall be waived and not paid by the Controller. For all other
businesses, the Controller shall pay penalties at a rate of 1 percent
above the Pooled Money Investment Account daily rate on June 30 of
the prior fiscal year, not to exceed a rate of 15 percent. If the
amount of the penalty is one hundred dollars ($100) or less, the
penalty shall be waived and not paid by the Controller.
927.8. State agencies shall avoid seeking any additional
appropriation to pay penalties that accrue as a result of the agency'
s failure to make timely payments as required by this chapter. Any
state agency that requests that the Legislature make a deficiency
appropriation for the agency shall identify what portion, if any, of
the requested amount is required because of any penalties imposed by
this chapter.
927.9. (a) On an annual basis, within 90 calendar days following
the end of each fiscal year, state agencies shall provide the
Director of General Services with a report on late payment penalties
that were paid by the state agency in accordance with this chapter
during the preceding fiscal year.
(b) The report shall separately identify the total number and
dollar amount of late payment penalties paid to small businesses,
other businesses, and refunds or other payments to individuals. State
agencies may, at their own initiative, provide the director with
other relevant performance measures. The director shall prepare a
report separately listing the number and total dollar amount of all
late payment penalties paid to small businesses, other businesses,
and refunds and other payments to individuals by each state agency
during the preceding fiscal year, together with other relevant
performance measures, and shall make the information available to the
public.
927.10. State agencies shall encourage claimants to promptly pay
their subcontractors and suppliers, especially those that are small
businesses. In furtherance of this policy, state agencies shall
utilize expedited payment processes to enable faster payment by prime
contractors to their subcontractors and suppliers, and shall
promptly respond to any subcontractor or supplier inquiries regarding
the status of payments made to prime contractors.
927.11. (a) Except in the case of a contract with a certified small
business, a nonprofit organization, or a nonprofit public benefit
corporation, if an invoice from a business under a contract with the
Department of Forestry and Fire Protection would become subject to
late payment penalties during the annually declared fire season, as
declared by the Director of Forestry and Fire Protection, then the
required payment approval date shall be extended by 30 calendar days.
(b) No nonprofit public benefit corporation shall be eligible for
a late payment penalty if a state agency fails to make timely payment
because no Budget Act has been enacted.
(c) If the Director of Finance determines that a state agency or
the Controller is unable to promptly pay an invoice as provided for
by this chapter due to a major calamity, disaster, or criminal act,
then otherwise applicable late payment penalty provisions contained
in Sections 927.6 and 927.7 shall be suspended except as they apply
to a claimant that is either a certified small business, a nonprofit
organization, a nonprofit public benefit corporation, or a small
business or nonprofit organization that provides services or
equipment under the Medi-Cal program. The suspension shall remain in
effect until the Director of Finance determines that the suspended
late payment penalty provisions of this section should be reinstated.
(d) Except as provided in subdivision (b), in the event a state
agency fails to make timely payment because no Budget Act has been
enacted, penalties shall continue to accrue until the time that the
invoice is paid.
927.12. Section 926.10 shall not apply to any contract covered by
this chapter.
927.13. (a) Unless otherwise provided for by statute, any state
agency that fails to submit a correct claim schedule to the
Controller within 30 days of receipt of a notice of refund or other
payment due, and fails to issue payment within 45 days from the
notice of refund or other payment due, shall be liable for penalties
on the undisputed amount pursuant to this section. The penalties
shall be paid out of the agency's funds at a rate equal to the Pooled
Money Investment Account daily rate on June 30 of the prior fiscal
year minus 1 percent. The penalties shall cease to accrue on the date
full payment or refund is made. If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency. On an exception basis, state agencies may avoid
payment of penalties for failure to submit a correct claim schedule
to the Controller by paying the claimant directly from the state
agency's revolving fund within 45 calendar days following the agency'
s receipt of the notice of refund or other payment due.
(b) The Controller shall pay claimants within 15 calendar days of
receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days following the agency's receipt of a notice of
refund or undisputed payment due, the Controller shall pay
applicable penalties to the claimant. Penalties shall cease to accrue
on the date full payment is made, and shall be paid out of the
Controller's funds. If the amount of the penalty is ten dollars ($10)
or less, the penalty shall be waived and not paid by the Controller.
(c) No person shall receive an interest payment pursuant to this
section if it is determined that the person has intentionally
overpaid on a liability solely for the purpose of receiving a penalty
payment.
(d) No penalty shall accrue during any time period for which there
is no Budget Act in effect, nor on any payment or refund that is the
result of a federally mandated program or that is directly dependent
upon the receipt of federal funds by a state agency.
(e) This section shall not apply to any of the following:
(1) Payments, refunds, or credits for income tax purposes.
(2) Payment of claims for reimbursement for health care services
or mental health services provided under the Medi-Cal program,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(3) Any payment made pursuant to a public social service or public
health program to a recipient of benefits under that program.
(4) Payments made on claims by the California Victim Compensation
and Government Claims Board.
(5) Payments made by the Commission on State Mandates.
(6) Payments made by the Department of Personnel Administration
pursuant to Section 19823.
927. (a) This chapter shall be known and may be cited as the
California Prompt Payment Act.
(b) It is the intent of the Legislature that state agencies pay
properly submitted, undisputed invoices, refunds, or other undisputed
payments due to individuals within 45 days of receipt or
notification thereof, or automatically calculate and pay the
appropriate late payment penalties as specified in this chapter.
(c) Notwithstanding any other provision of law, this chapter shall
apply to all state agencies, including, but not limited to, the
Public Employees' Retirement System, the State Teachers' Retirement
System, the Treasurer, and the Department of General Services.
927.1. (a) (1) A state agency that acquires property or services
pursuant to a contract with a business, including any approved change
order or contract amendment, shall make payment to the person or
business on the date required by the contract and as required by
Section 927.4 or be subject to a late payment penalty.
(2) A state agency that awards a grant, as defined in subdivision
(b) of Section 927.2, shall make payment to the person or business
that is the recipient of the grant on the date required by the grant
and as required by Section 927.4 or be subject to a late payment
penalty.
(b) Except in the event of an emergency as provided in Section
927.11, effective January 1, 1999, the late payment penalties
specified in this chapter may not be waived, altered, or limited by
either of the following:
(1) A state agency acquiring property or services pursuant to a
contract or that awards a grant.
(2) Any person or business contracting with a state agency to
provide property or services or that is the recipient of a grant.
927.2. The following definitions apply to this chapter:
(a) "Claim schedule" means a schedule of payment requests prepared
and submitted by a state agency to the Controller for payment to the
named claimant.
(b) "Grant" means a signed final agreement between any state
agency and a local government agency or organization authorized to
accept grant funding for victim services or prevention programs
administered by any state agency. Any such grant is a contract and
subject to this chapter.
(c) "Invoice" means a bill or claim that requests payment on a
contract under which a state agency acquires property or services or
pursuant to a signed final grant agreement.
(d) "Medi-Cal program" means the program established pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code.
(e) "Nonprofit public benefit corporation" means a corporation, as
defined by subdivision (b) of Section 5046 of the Corporations Code,
that has registered with the Department of General Services as a
small business.
(f) "Nonprofit service organization" means a nonprofit entity that
is organized to provide services to the public.
(g) "Notice of refund or other payment due" means a state agency
provides notice to the person that a refund or payment is owed to
that person or the state agency receives notice from the person that
a refund or undisputed payment is due.
(h) "Payment" means any form of the act of paying, including, but
not limited to, the issuance of a warrant or a registered warrant by
the Controller, or the issuance of a revolving fund check by a state
agency, to a claimant in the amount of an undisputed invoice.
(i) "Reasonable cause" means a determination by a state agency
that any of the following conditions are present:
(1) There is a discrepancy between the invoice or claimed amount
and the provisions of the contract or grant.
(2) There is a discrepancy between the invoice or claimed amount
and either the claimant's actual delivery of property or services to
the state or the state's acceptance of those deliveries.
(3) Additional evidence supporting the validity of the invoice or
claimed amount is required to be provided to the state agency by the
claimant.
(4) The invoice has been improperly executed or needs to be
corrected by the claimant.
(5) There is a discrepancy between the refund or other payment due
as calculated by the person to whom the money is owed and by the
state agency.
(j) "Received by a state agency" means the date an invoice is
delivered to the state location or party specified in the contract or
grant or, if a state location or party is not specified in the
contract or grant, wherever otherwise specified by the state agency.
(k) "Required payment approval date" means the date on which
payment is due as specified in a contract or grant or, if a specific
date is not established by the contract or grant, 30 calendar days
following the date upon which an undisputed invoice is received by a
state agency.
(l) "Revolving fund" means a fund established pursuant to Article
5 (commencing with Section 16400) of Division 4 of Title 2.
(m) "Small business" means a business certified as a "small
business" in accordance with subdivision (d) of Section 14837.
(n) "Small business" and "nonprofit organization" mean, in
reference to providers under the Medi-Cal program, a business or
organization that meets all of the following criteria:
(1) The principal office is located in California.
(2) The officers, if any, are domiciled in California.
(3) If a small business, it is independently owned and operated.
(4) The business or organization is not dominant in its field of
operation.
(5) Together with any affiliates, the business or organization has
gross receipts from business operations that do not exceed three
million dollars ($3,000,000) per year, except that the Director of
Health Services may increase this amount if the director deems that
this action would be in furtherance of the intent of this chapter.
927.3. (a) Except where payment is made directly by a state agency
pursuant to Section 927.6, an undisputed invoice received by a state
agency shall be submitted to the Controller for payment by the
required payment approval date. A state agency may dispute an invoice
submitted by a claimant for reasonable cause if the state agency
notifies the claimant within 15 working days from receipt of the
invoice, or delivery of property or services, whichever is later. No
state employee shall dispute an invoice, on the basis of minor or
technical defects, in order to circumvent or avoid the general intent
or any of the specific provisions of this chapter.
(b) Except where payment is made directly by a state agency
pursuant to Section 927.13, a notice of refund or other payment due
received by a state agency shall be submitted to the Controller
within 30 calendar days of the agency's receipt of the notice. A
state agency may dispute a refund request for reasonable cause if the
state agency notifies the claimant within 15 working days after the
state agency receives notice from the individual that the refund is
due.
927.4. Except as otherwise provided in this chapter, to avoid late
payment penalties, the maximum time from state agency receipt of an
undisputed invoice to the date of payment is 45 calendar days. If
payment is not issued within 45 calendar days from the state agency
receipt of an undisputed invoice, late payment penalties shall be
paid to the claimant in accordance with Sections 927.6 and 927.7.
927.5. This chapter shall not apply to claims for reimbursement for
health care services provided under the Medi-Cal program, unless the
Medi-Cal health care services provider is a small business or
nonprofit organization. In applying this section to claims submitted
to the state, or its fiscal intermediary, by providers of services or
equipment under the Medi-Cal program, payment for claims shall be
due 30 days after a claim is received by the state or its fiscal
intermediary, unless reasonable cause for nonpayment exists. With
regard to Medi-Cal claims, reasonable cause shall include review of
claims to determine medical necessity, review of claims for providers
subject to special prepayment fraud and abuse controls, and claims
that require review by the fiscal intermediary or State Department of
Health Care Services due to special circumstances. Claims requiring
special review as specified above shall not be eligible for a late
payment penalty.
927.6. (a) State agencies shall pay applicable penalties, without
requiring that the claimant submit an additional invoice for these
amounts, whenever the state agency fails to submit a correct claim
schedule to the Controller by the required payment approval date and
payment is not issued within 45 calendar days from the state agency
receipt of an undisputed invoice. The penalty shall cease to accrue
on the date the state agency submits the claim schedule to the
Controller for payment or pays the claimant directly, and shall be
paid for out of the state agency's support appropriation. If the
claimant is a certified small business, a nonprofit organization, a
nonprofit public benefit corporation, or a small business or
nonprofit organization that provides services or equipment under the
Medi-Cal program, the state agency shall pay to the claimant a
penalty at a rate of 10 percent above the United States Prime Rate on
June 30 of the prior fiscal year. However, a nonprofit organization
shall only be eligible to receive a penalty payment if it has been
awarded a contract or grant in an amount less than five hundred
thousand dollars ($500,000). If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency.
(b) For all other businesses, the state agency shall pay a penalty
at a rate of 1 percent above the Pooled Money Investment Account
daily rate on June 30 of the prior fiscal year, not to exceed a rate
of 15 percent. If the amount of the penalty is one hundred dollars
($100) or less, the penalty shall be waived and not paid by the state
agency. On an exception basis, state agencies may avoid payment of
penalties for failure to submit a correct claim schedule to the
Controller by the required payment approval date by paying the
claimant directly from the state agency's revolving fund within 45
calendar days following the date upon which an undisputed invoice is
received by the state agency.
927.7. The Controller shall pay claimants within 15 calendar days
of receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days from state agency receipt of an undisputed
invoice, the Controller shall pay applicable penalties to the
claimant without requiring that the claimant submit an invoice for
these amounts. Penalties shall cease to accrue on the date full
payment is made, and shall be paid for out of the Controller's funds.
If the claimant is a certified small business, a nonprofit
organization, a nonprofit public benefit corporation, or a small
business or nonprofit organization that provides services or
equipment under the Medi-Cal program, the Controller shall pay to the
claimant a penalty at a rate of 10 percent above the United States
Prime Rate on June 30 of the prior fiscal year, from the 16th
calendar day following receipt of the claim schedule from the state
agency. However, a nonprofit organization shall only be eligible to
receive a penalty payment if it has been awarded a contract or grant
in an amount less than five hundred thousand dollars ($500,000). If
the amount of the penalty is ten dollars ($10) or less, the penalty
shall be waived and not paid by the Controller. For all other
businesses, the Controller shall pay penalties at a rate of 1 percent
above the Pooled Money Investment Account daily rate on June 30 of
the prior fiscal year, not to exceed a rate of 15 percent. If the
amount of the penalty is one hundred dollars ($100) or less, the
penalty shall be waived and not paid by the Controller.
927.8. State agencies shall avoid seeking any additional
appropriation to pay penalties that accrue as a result of the agency'
s failure to make timely payments as required by this chapter. Any
state agency that requests that the Legislature make a deficiency
appropriation for the agency shall identify what portion, if any, of
the requested amount is required because of any penalties imposed by
this chapter.
927.9. (a) On an annual basis, within 90 calendar days following
the end of each fiscal year, state agencies shall provide the
Director of General Services with a report on late payment penalties
that were paid by the state agency in accordance with this chapter
during the preceding fiscal year.
(b) The report shall separately identify the total number and
dollar amount of late payment penalties paid to small businesses,
other businesses, and refunds or other payments to individuals. State
agencies may, at their own initiative, provide the director with
other relevant performance measures. The director shall prepare a
report separately listing the number and total dollar amount of all
late payment penalties paid to small businesses, other businesses,
and refunds and other payments to individuals by each state agency
during the preceding fiscal year, together with other relevant
performance measures, and shall make the information available to the
public.
927.10. State agencies shall encourage claimants to promptly pay
their subcontractors and suppliers, especially those that are small
businesses. In furtherance of this policy, state agencies shall
utilize expedited payment processes to enable faster payment by prime
contractors to their subcontractors and suppliers, and shall
promptly respond to any subcontractor or supplier inquiries regarding
the status of payments made to prime contractors.
927.11. (a) Except in the case of a contract with a certified small
business, a nonprofit organization, or a nonprofit public benefit
corporation, if an invoice from a business under a contract with the
Department of Forestry and Fire Protection would become subject to
late payment penalties during the annually declared fire season, as
declared by the Director of Forestry and Fire Protection, then the
required payment approval date shall be extended by 30 calendar days.
(b) No nonprofit public benefit corporation shall be eligible for
a late payment penalty if a state agency fails to make timely payment
because no Budget Act has been enacted.
(c) If the Director of Finance determines that a state agency or
the Controller is unable to promptly pay an invoice as provided for
by this chapter due to a major calamity, disaster, or criminal act,
then otherwise applicable late payment penalty provisions contained
in Sections 927.6 and 927.7 shall be suspended except as they apply
to a claimant that is either a certified small business, a nonprofit
organization, a nonprofit public benefit corporation, or a small
business or nonprofit organization that provides services or
equipment under the Medi-Cal program. The suspension shall remain in
effect until the Director of Finance determines that the suspended
late payment penalty provisions of this section should be reinstated.
(d) Except as provided in subdivision (b), in the event a state
agency fails to make timely payment because no Budget Act has been
enacted, penalties shall continue to accrue until the time that the
invoice is paid.
927.12. Section 926.10 shall not apply to any contract covered by
this chapter.
927.13. (a) Unless otherwise provided for by statute, any state
agency that fails to submit a correct claim schedule to the
Controller within 30 days of receipt of a notice of refund or other
payment due, and fails to issue payment within 45 days from the
notice of refund or other payment due, shall be liable for penalties
on the undisputed amount pursuant to this section. The penalties
shall be paid out of the agency's funds at a rate equal to the Pooled
Money Investment Account daily rate on June 30 of the prior fiscal
year minus 1 percent. The penalties shall cease to accrue on the date
full payment or refund is made. If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency. On an exception basis, state agencies may avoid
payment of penalties for failure to submit a correct claim schedule
to the Controller by paying the claimant directly from the state
agency's revolving fund within 45 calendar days following the agency'
s receipt of the notice of refund or other payment due.
(b) The Controller shall pay claimants within 15 calendar days of
receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days following the agency's receipt of a notice of
refund or undisputed payment due, the Controller shall pay
applicable penalties to the claimant. Penalties shall cease to accrue
on the date full payment is made, and shall be paid out of the
Controller's funds. If the amount of the penalty is ten dollars ($10)
or less, the penalty shall be waived and not paid by the Controller.
(c) No person shall receive an interest payment pursuant to this
section if it is determined that the person has intentionally
overpaid on a liability solely for the purpose of receiving a penalty
payment.
(d) No penalty shall accrue during any time period for which there
is no Budget Act in effect, nor on any payment or refund that is the
result of a federally mandated program or that is directly dependent
upon the receipt of federal funds by a state agency.
(e) This section shall not apply to any of the following:
(1) Payments, refunds, or credits for income tax purposes.
(2) Payment of claims for reimbursement for health care services
or mental health services provided under the Medi-Cal program,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(3) Any payment made pursuant to a public social service or public
health program to a recipient of benefits under that program.
(4) Payments made on claims by the California Victim Compensation
and Government Claims Board.
(5) Payments made by the Commission on State Mandates.
(6) Payments made by the Department of Personnel Administration
pursuant to Section 19823.
927. (a) This chapter shall be known and may be cited as the
California Prompt Payment Act.
(b) It is the intent of the Legislature that state agencies pay
properly submitted, undisputed invoices, refunds, or other undisputed
payments due to individuals within 45 days of receipt or
notification thereof, or automatically calculate and pay the
appropriate late payment penalties as specified in this chapter.
(c) Notwithstanding any other provision of law, this chapter shall
apply to all state agencies, including, but not limited to, the
Public Employees' Retirement System, the State Teachers' Retirement
System, the Treasurer, and the Department of General Services.
927.1. (a) (1) A state agency that acquires property or services
pursuant to a contract with a business, including any approved change
order or contract amendment, shall make payment to the person or
business on the date required by the contract and as required by
Section 927.4 or be subject to a late payment penalty.
(2) A state agency that awards a grant, as defined in subdivision
(b) of Section 927.2, shall make payment to the person or business
that is the recipient of the grant on the date required by the grant
and as required by Section 927.4 or be subject to a late payment
penalty.
(b) Except in the event of an emergency as provided in Section
927.11, effective January 1, 1999, the late payment penalties
specified in this chapter may not be waived, altered, or limited by
either of the following:
(1) A state agency acquiring property or services pursuant to a
contract or that awards a grant.
(2) Any person or business contracting with a state agency to
provide property or services or that is the recipient of a grant.
927.2. The following definitions apply to this chapter:
(a) "Claim schedule" means a schedule of payment requests prepared
and submitted by a state agency to the Controller for payment to the
named claimant.
(b) "Grant" means a signed final agreement between any state
agency and a local government agency or organization authorized to
accept grant funding for victim services or prevention programs
administered by any state agency. Any such grant is a contract and
subject to this chapter.
(c) "Invoice" means a bill or claim that requests payment on a
contract under which a state agency acquires property or services or
pursuant to a signed final grant agreement.
(d) "Medi-Cal program" means the program established pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code.
(e) "Nonprofit public benefit corporation" means a corporation, as
defined by subdivision (b) of Section 5046 of the Corporations Code,
that has registered with the Department of General Services as a
small business.
(f) "Nonprofit service organization" means a nonprofit entity that
is organized to provide services to the public.
(g) "Notice of refund or other payment due" means a state agency
provides notice to the person that a refund or payment is owed to
that person or the state agency receives notice from the person that
a refund or undisputed payment is due.
(h) "Payment" means any form of the act of paying, including, but
not limited to, the issuance of a warrant or a registered warrant by
the Controller, or the issuance of a revolving fund check by a state
agency, to a claimant in the amount of an undisputed invoice.
(i) "Reasonable cause" means a determination by a state agency
that any of the following conditions are present:
(1) There is a discrepancy between the invoice or claimed amount
and the provisions of the contract or grant.
(2) There is a discrepancy between the invoice or claimed amount
and either the claimant's actual delivery of property or services to
the state or the state's acceptance of those deliveries.
(3) Additional evidence supporting the validity of the invoice or
claimed amount is required to be provided to the state agency by the
claimant.
(4) The invoice has been improperly executed or needs to be
corrected by the claimant.
(5) There is a discrepancy between the refund or other payment due
as calculated by the person to whom the money is owed and by the
state agency.
(j) "Received by a state agency" means the date an invoice is
delivered to the state location or party specified in the contract or
grant or, if a state location or party is not specified in the
contract or grant, wherever otherwise specified by the state agency.
(k) "Required payment approval date" means the date on which
payment is due as specified in a contract or grant or, if a specific
date is not established by the contract or grant, 30 calendar days
following the date upon which an undisputed invoice is received by a
state agency.
(l) "Revolving fund" means a fund established pursuant to Article
5 (commencing with Section 16400) of Division 4 of Title 2.
(m) "Small business" means a business certified as a "small
business" in accordance with subdivision (d) of Section 14837.
(n) "Small business" and "nonprofit organization" mean, in
reference to providers under the Medi-Cal program, a business or
organization that meets all of the following criteria:
(1) The principal office is located in California.
(2) The officers, if any, are domiciled in California.
(3) If a small business, it is independently owned and operated.
(4) The business or organization is not dominant in its field of
operation.
(5) Together with any affiliates, the business or organization has
gross receipts from business operations that do not exceed three
million dollars ($3,000,000) per year, except that the Director of
Health Services may increase this amount if the director deems that
this action would be in furtherance of the intent of this chapter.
927.3. (a) Except where payment is made directly by a state agency
pursuant to Section 927.6, an undisputed invoice received by a state
agency shall be submitted to the Controller for payment by the
required payment approval date. A state agency may dispute an invoice
submitted by a claimant for reasonable cause if the state agency
notifies the claimant within 15 working days from receipt of the
invoice, or delivery of property or services, whichever is later. No
state employee shall dispute an invoice, on the basis of minor or
technical defects, in order to circumvent or avoid the general intent
or any of the specific provisions of this chapter.
(b) Except where payment is made directly by a state agency
pursuant to Section 927.13, a notice of refund or other payment due
received by a state agency shall be submitted to the Controller
within 30 calendar days of the agency's receipt of the notice. A
state agency may dispute a refund request for reasonable cause if the
state agency notifies the claimant within 15 working days after the
state agency receives notice from the individual that the refund is
due.
927.4. Except as otherwise provided in this chapter, to avoid late
payment penalties, the maximum time from state agency receipt of an
undisputed invoice to the date of payment is 45 calendar days. If
payment is not issued within 45 calendar days from the state agency
receipt of an undisputed invoice, late payment penalties shall be
paid to the claimant in accordance with Sections 927.6 and 927.7.
927.5. This chapter shall not apply to claims for reimbursement for
health care services provided under the Medi-Cal program, unless the
Medi-Cal health care services provider is a small business or
nonprofit organization. In applying this section to claims submitted
to the state, or its fiscal intermediary, by providers of services or
equipment under the Medi-Cal program, payment for claims shall be
due 30 days after a claim is received by the state or its fiscal
intermediary, unless reasonable cause for nonpayment exists. With
regard to Medi-Cal claims, reasonable cause shall include review of
claims to determine medical necessity, review of claims for providers
subject to special prepayment fraud and abuse controls, and claims
that require review by the fiscal intermediary or State Department of
Health Care Services due to special circumstances. Claims requiring
special review as specified above shall not be eligible for a late
payment penalty.
927.6. (a) State agencies shall pay applicable penalties, without
requiring that the claimant submit an additional invoice for these
amounts, whenever the state agency fails to submit a correct claim
schedule to the Controller by the required payment approval date and
payment is not issued within 45 calendar days from the state agency
receipt of an undisputed invoice. The penalty shall cease to accrue
on the date the state agency submits the claim schedule to the
Controller for payment or pays the claimant directly, and shall be
paid for out of the state agency's support appropriation. If the
claimant is a certified small business, a nonprofit organization, a
nonprofit public benefit corporation, or a small business or
nonprofit organization that provides services or equipment under the
Medi-Cal program, the state agency shall pay to the claimant a
penalty at a rate of 10 percent above the United States Prime Rate on
June 30 of the prior fiscal year. However, a nonprofit organization
shall only be eligible to receive a penalty payment if it has been
awarded a contract or grant in an amount less than five hundred
thousand dollars ($500,000). If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency.
(b) For all other businesses, the state agency shall pay a penalty
at a rate of 1 percent above the Pooled Money Investment Account
daily rate on June 30 of the prior fiscal year, not to exceed a rate
of 15 percent. If the amount of the penalty is one hundred dollars
($100) or less, the penalty shall be waived and not paid by the state
agency. On an exception basis, state agencies may avoid payment of
penalties for failure to submit a correct claim schedule to the
Controller by the required payment approval date by paying the
claimant directly from the state agency's revolving fund within 45
calendar days following the date upon which an undisputed invoice is
received by the state agency.
927.7. The Controller shall pay claimants within 15 calendar days
of receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days from state agency receipt of an undisputed
invoice, the Controller shall pay applicable penalties to the
claimant without requiring that the claimant submit an invoice for
these amounts. Penalties shall cease to accrue on the date full
payment is made, and shall be paid for out of the Controller's funds.
If the claimant is a certified small business, a nonprofit
organization, a nonprofit public benefit corporation, or a small
business or nonprofit organization that provides services or
equipment under the Medi-Cal program, the Controller shall pay to the
claimant a penalty at a rate of 10 percent above the United States
Prime Rate on June 30 of the prior fiscal year, from the 16th
calendar day following receipt of the claim schedule from the state
agency. However, a nonprofit organization shall only be eligible to
receive a penalty payment if it has been awarded a contract or grant
in an amount less than five hundred thousand dollars ($500,000). If
the amount of the penalty is ten dollars ($10) or less, the penalty
shall be waived and not paid by the Controller. For all other
businesses, the Controller shall pay penalties at a rate of 1 percent
above the Pooled Money Investment Account daily rate on June 30 of
the prior fiscal year, not to exceed a rate of 15 percent. If the
amount of the penalty is one hundred dollars ($100) or less, the
penalty shall be waived and not paid by the Controller.
927.8. State agencies shall avoid seeking any additional
appropriation to pay penalties that accrue as a result of the agency'
s failure to make timely payments as required by this chapter. Any
state agency that requests that the Legislature make a deficiency
appropriation for the agency shall identify what portion, if any, of
the requested amount is required because of any penalties imposed by
this chapter.
927.9. (a) On an annual basis, within 90 calendar days following
the end of each fiscal year, state agencies shall provide the
Director of General Services with a report on late payment penalties
that were paid by the state agency in accordance with this chapter
during the preceding fiscal year.
(b) The report shall separately identify the total number and
dollar amount of late payment penalties paid to small businesses,
other businesses, and refunds or other payments to individuals. State
agencies may, at their own initiative, provide the director with
other relevant performance measures. The director shall prepare a
report separately listing the number and total dollar amount of all
late payment penalties paid to small businesses, other businesses,
and refunds and other payments to individuals by each state agency
during the preceding fiscal year, together with other relevant
performance measures, and shall make the information available to the
public.
927.10. State agencies shall encourage claimants to promptly pay
their subcontractors and suppliers, especially those that are small
businesses. In furtherance of this policy, state agencies shall
utilize expedited payment processes to enable faster payment by prime
contractors to their subcontractors and suppliers, and shall
promptly respond to any subcontractor or supplier inquiries regarding
the status of payments made to prime contractors.
927.11. (a) Except in the case of a contract with a certified small
business, a nonprofit organization, or a nonprofit public benefit
corporation, if an invoice from a business under a contract with the
Department of Forestry and Fire Protection would become subject to
late payment penalties during the annually declared fire season, as
declared by the Director of Forestry and Fire Protection, then the
required payment approval date shall be extended by 30 calendar days.
(b) No nonprofit public benefit corporation shall be eligible for
a late payment penalty if a state agency fails to make timely payment
because no Budget Act has been enacted.
(c) If the Director of Finance determines that a state agency or
the Controller is unable to promptly pay an invoice as provided for
by this chapter due to a major calamity, disaster, or criminal act,
then otherwise applicable late payment penalty provisions contained
in Sections 927.6 and 927.7 shall be suspended except as they apply
to a claimant that is either a certified small business, a nonprofit
organization, a nonprofit public benefit corporation, or a small
business or nonprofit organization that provides services or
equipment under the Medi-Cal program. The suspension shall remain in
effect until the Director of Finance determines that the suspended
late payment penalty provisions of this section should be reinstated.
(d) Except as provided in subdivision (b), in the event a state
agency fails to make timely payment because no Budget Act has been
enacted, penalties shall continue to accrue until the time that the
invoice is paid.
927.12. Section 926.10 shall not apply to any contract covered by
this chapter.
927.13. (a) Unless otherwise provided for by statute, any state
agency that fails to submit a correct claim schedule to the
Controller within 30 days of receipt of a notice of refund or other
payment due, and fails to issue payment within 45 days from the
notice of refund or other payment due, shall be liable for penalties
on the undisputed amount pursuant to this section. The penalties
shall be paid out of the agency's funds at a rate equal to the Pooled
Money Investment Account daily rate on June 30 of the prior fiscal
year minus 1 percent. The penalties shall cease to accrue on the date
full payment or refund is made. If the amount of the penalty is ten
dollars ($10) or less, the penalty shall be waived and not paid by
the state agency. On an exception basis, state agencies may avoid
payment of penalties for failure to submit a correct claim schedule
to the Controller by paying the claimant directly from the state
agency's revolving fund within 45 calendar days following the agency'
s receipt of the notice of refund or other payment due.
(b) The Controller shall pay claimants within 15 calendar days of
receipt of a correct claim schedule from the state agency. If the
Controller fails to make payment within 15 calendar days of receipt
of the claim schedule from a state agency, and payment is not issued
within 45 calendar days following the agency's receipt of a notice of
refund or undisputed payment due, the Controller shall pay
applicable penalties to the claimant. Penalties shall cease to accrue
on the date full payment is made, and shall be paid out of the
Controller's funds. If the amount of the penalty is ten dollars ($10)
or less, the penalty shall be waived and not paid by the Controller.
(c) No person shall receive an interest payment pursuant to this
section if it is determined that the person has intentionally
overpaid on a liability solely for the purpose of receiving a penalty
payment.
(d) No penalty shall accrue during any time period for which there
is no Budget Act in effect, nor on any payment or refund that is the
result of a federally mandated program or that is directly dependent
upon the receipt of federal funds by a state agency.
(e) This section shall not apply to any of the following:
(1) Payments, refunds, or credits for income tax purposes.
(2) Payment of claims for reimbursement for health care services
or mental health services provided under the Medi-Cal program,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(3) Any payment made pursuant to a public social service or public
health program to a recipient of benefits under that program.
(4) Payments made on claims by the California Victim Compensation
and Government Claims Board.
(5) Payments made by the Commission on State Mandates.
(6) Payments made by the Department of Personnel Administration
pursuant to Section 19823.
