S07384 Summary:

BILL NOS07384
 
SAME ASSAME AS A10614
 
SPONSORRANZENHOFER
 
COSPNSR
 
MLTSPNSR
 
Add Art 7-B SS124 - 124-d, St Fin L
 
Establishes audits of state agency expenditures to recover overpayments and lost discounts.
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S07384 Actions:

BILL NOS07384
 
04/06/2010REFERRED TO FINANCE
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S07384 Floor Votes:

There are no votes for this bill in this legislative session.
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S07384 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7384
 
                    IN SENATE
 
                                      April 6, 2010
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on Finance
 
        AN ACT to amend the state  finance  law,  in  relation  to  establishing
          audits  of  state agency expenditures to recover overpayments and lost
          discounts
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  The  state finance law is amended by adding a new article
     2  7-B to read as follows:
 
     3                                 ARTICLE 7-B
     4                RECOVERY OF CERTAIN STATE AGENCY OVERPAYMENTS
     5  Section 124. Definitions.
     6          124-a. Contract consultants  for  recovery  audits  for  certain
     7                   overpayments.
     8          124-b. State agencies subject to mandatory recovery audits.
     9          124-c. Payment to contractors.
    10          124-d. Forwarding reports.
    11    § 124. Definitions. As used in this article:
    12    1.  Overpayment.  "Overpayment" includes a duplicate payment made to a
    13  vendor for a single invoice and a payment made to a vendor:

    14    (a) when an available discount from the vendor was not applied;
    15    (b) for a late payment penalty that  was  improperly  applied  by  the
    16  vendor;
    17    (c)  for  shipping costs that were computed incorrectly or incorrectly
    18  included in an invoice;
    19    (d) for state sales tax; or
    20    (e) for a good or service the vendor did not provide.
    21    2. State agency. "State agency" means a department, commission, board,
    22  office, or other agency, including a university system or an institution
    23  of higher education that:
    24    (a) is in the executive branch of state government; and
    25    (b) is created by statute.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD16251-01-0

        S. 7384                             2
 
     1    § 124-a. Contract consultants for recovery audits for certain overpay-
     2  ments. 1. The comptroller shall contract with one or more consultants to
     3  conduct recovery audits of payments made by state agencies  to  vendors.
     4  The  audits  must be designated to detect and recover overpayment to the
     5  vendors and to recommend improved state agency accounting operations.
     6    2. A contract under this section:
     7    (a)  may  provide  for  reasonable  compensation for services provided
     8  under the contract, including compensation determined by the application

     9  of a specified percentage of the total amount recovered because  of  the
    10  consultant's audit activities or recommendations as a fee for services;
    11    (b)  may  permit or require the consultant to pursue a judicial action
    12  in a court inside or outside this state to recover an  overpaid  amount;
    13  and
    14    (c) to allow time for the performance of existing state payment audit-
    15  ing  procedures,  may not allow a recovery audit of a payment during the
    16  one hundred eighty day period after the date the payment was made.
    17    3. The comptroller or a state agency whose payments are being  audited
    18  may  provide a person acting under a contract authorized by this section
    19  with any confidential information in the custody of the  comptroller  or

    20  state  agency  that is necessary for the performance of the audit or the
    21  recovery of an overpayment, to the  extent  the  comptroller  and  state
    22  agency  are  not prohibited from sharing the information under an agree-
    23  ment with another state or the federal government. A person acting under
    24  a contract authorized by this section, and each employee or agent of the
    25  person, is subject to all prohibitions against the disclosure of  confi-
    26  dential  information  obtained  from  the  state  in connection with the
    27  contract that apply to the comptroller or applicable state agency or  an
    28  employee  of the comptroller or applicable state agency. A person acting
    29  under a contract authorized by this section or an employee or  agent  of

    30  the  person  who  discloses  confidential  information in violation of a
    31  prohibition made applicable to the  person  under  this  subdivision  is
    32  subject  to  the  same  sanctions  and penalties that would apply to the
    33  comptroller or applicable state agency or an employee of the comptroller
    34  or applicable state agency for that disclosure.
    35    § 124-b. State agencies subject to mandatory recovery audits.  1.  The
    36  comptroller  shall  require  that  recovery  audits  be performed on the
    37  payments to vendors made by each state agency that  has  total  expendi-
    38  tures  during  a  state  fiscal  biennium  in an amount that exceeds one
    39  hundred million dollars. Each state agency shall  provide  the  recovery

    40  audit consultant with all information necessary for the audit.
    41    2.  The comptroller may exempt from the mandatory recovery audit proc-
    42  ess a state agency that has a low proportion of its expenditures made to
    43  vendors, according to criteria the  comptroller  adopts  by  rule  after
    44  consideration  of  the  likely costs and benefits of performing recovery
    45  audits for agencies that  make  relatively  few  or  small  payments  to
    46  vendors.
    47    §  124-c.  Payment  to  contractors. 1. A state agency shall pay, from
    48  recovered money  appropriated  for  that  purpose,  the  recovery  audit
    49  consultant responsible for obtaining for the agency a reimbursement from
    50  a vendor.

    51    2. A state agency shall expend or return to the federal government any
    52  federal money that is recovered through a recovery audit conducted under
    53  section  one  hundred  twenty-four-a  of  this article. The state agency
    54  shall expend or return the federal money in accordance with the rules of
    55  the federal program through which the agency received the federal money.

        S. 7384                             3
 
     1    § 124-d. Forwarding reports. 1. The comptroller shall provide  copies,
     2  including  electronic  form  copies,  of  any  reports  received  from a
     3  consultant contracting pursuant to section one hundred twenty-four-a  of
     4  this article to:
     5    (a) the governor;

     6    (b)  the  speaker  of  the assembly and the temporary president of the
     7  senate; and
     8    (c) the minority leaders of the senate and the assembly.
     9    2. The comptroller shall provide the copies  required  by  subdivision
    10  one  of  this  section not later than the seventh day after the date the
    11  comptroller receives the consultant's report.
    12    3. Not later than August first of each odd numbered  year,  the  comp-
    13  troller shall issue a report to the legislature summarizing the contents
    14  of all reports received under this article during the state fiscal bien-
    15  nium ending March thirty-first of the previous year.
    16    § 2. The comptroller shall adopt rules to administer the provisions of
    17  article 7-B of the state finance law as added by section one of this act

    18  not later than August 1, 2010.
    19    § 3. This act shall take effect immediately.
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