Plain English Breakdown
The official text defines fiscal intermediaries broadly but limits the new penalty requirement to contracts that include payroll services. It does not specify what exact number of days constitutes timely payment, leaving that detail for individual contracts.
Penalties for Late Payroll Processing by State Contractors
This law requires state agencies to include financial penalties in contracts with outside companies that handle payroll if those companies fail to pay workers on time.
What This Bill Does
- Requires new or updated contracts between state agencies and fiscal intermediaries for payroll services to promise timely wage payments.
- Mandates a penalty equal to fifty percent of the unpaid wages if an intermediary fails to process payroll within the timeframe set in the contract.
- Directs state agencies to collect these penalties from the contracting organizations.
- Allows the Attorney General to file a lawsuit in Superior Court to recover unpaid penalties upon request by a state agency.
Who It Names or Affects
- State departments, boards, councils, commissions, institutions, and other executive branch agencies.
- Fiscal intermediaries that contract with state agencies to provide payroll services.
- The Attorney General's office when collecting unpaid penalties through the courts.
Terms To Know
- State agency
- A department, board, council, commission, institution, or other executive branch group within the state government.
- Fiscal intermediary
- An organization that contracts with a state agency to provide payroll services for the state agency.
Limits and Unknowns
- The law only applies to contracts entered into, amended, or renewed on or after October 1, 2026.
- The specific timeframe considered 'timely' is not defined in this act; it depends on what each individual contract states.