SENATE FILE 350

BY  CHELGREN, GREINER, ZAUN, WHITVER, BACON, HAHN, BEHN, HOUSER, ANDERSON, HAMERLINCK, SEYMOUR, ERNST, BERTRAND, SORENSON, McKINLEY, and BARTZ

A BILL FOR

An Act relating to contract payments made by the state or an agency of the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  72.6  Contract payments.
   1.  The state or an agency of the state shall either make full or partial payments as required under a contract or provide a written statement to the other party to the contract explaining the reason an invoice is in dispute within thirty days of one of the following dates, whichever is earliest:
   a.  The date the state or an agency of the state receives an invoice showing a payment is due and payable.
   b.  The date a payment becomes due and payable under a contract.
   2.  For purposes of this section, receipt of an invoice occurs at the time of actual physical or electronic delivery. In a dispute regarding the date of the receipt of an invoice, the burden of proof is on the state or agency of the state to establish by a preponderance of the evidence the date of receipt. An intake bates stamp using time and date and made with a tamper proof stamping mechanism shall be considered prima facie evidence of the date of receipt.
EXPLANATION
   This bill relates to contract payments made by the state or an agency of the state.
   The bill requires the state or an agency of the state to either make full or partial payments as required under a contract or provide a written statement to the other party to the contract explaining the reason an invoice is in dispute within 30 days of the date an invoice is received or the date a payment is due and payable under a contract, whichever is earlier. The bill provides that in a dispute regarding the date of the receipt of an invoice, the burden of proof is on the state or an agency of the state to establish by a preponderance of the evidence the date of receipt.