Bill Text: AZ HB2240 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Admissibility of expert opinion testimony.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-05-11 - Governor Vetoed [HB2240 Detail]
Download: Arizona-2010-HB2240-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2240 |
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AN ACT
amending title 35, chapter 2, Arizona Revised Statutes, by adding article 4; relating to handling of public funds.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 35, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. RECOVERY AUDITS
35-351. Recovery audits; contracts; definition
A. The auditor general shall contract with one or more consultants to conduct a recovery audit of payments made by state agencies to vendors during the previous three fiscal years. The audit shall be designed to detect and recover overpayments to the vendors and to recommend improved state agency accounting operations. The initial contract under this section shall be entered into on or before October 1, 2010.
B. A contract issued under this section:
1. Shall provide for reasonable compensation for services provided under the contract, including compensation determined by the application of a specified percentage of the total amount recovered, as a fee for services, based on the consultant's audit activities or recommendations.
2. May permit or require the consultant to pursue recovery of any overpayment.
3. Shall not allow a recovery audit of:
(a) A payment for one hundred eighty days after the date the payment was made in order to allow time for the performance of existing state payment auditing procedures.
(b) Any tax levied by this state or a political subdivision of this state.
C. Notwithstanding any other law, the state comptroller or a state agency whose payments are being audited shall provide the consultant acting under a contract authorized by this section with any confidential information in the custody of the state comptroller or state agency that is necessary for the performance of the audit or the recovery of an overpayment, to the extent the state comptroller or state agency is not prohibited from sharing the information under an agreement with another state or the federal government. The consultant, and its employees and agents, are subject to all prohibitions against the disclosure of confidential information obtained from this state in connection with the contract that apply to the state comptroller or applicable state agency or an employee of the state comptroller or applicable state agency. A consultant, or its employee or agent, who discloses confidential information in violation of this subsection, or any other law, is subject to the same sanctions and penalties that would apply to the state comptroller or applicable state agency or an employee of the state comptroller or applicable state agency for that disclosure.
D. The auditor general shall require that recovery audits be performed on the payments to vendors made by each state agency that has total expenditures during the state fiscal year in an amount of at least twenty‑five thousand dollars.
E. The auditor general shall review all overpayment claims identified by the consultant and shall determine which overpayment claims the consultant will pursue. If the auditor general identifies a pattern of overpayments with a specific vendor, the auditor general may authorize the consultant to conduct an audit of an additional two fiscal years.
F. No later than seven days after the date the auditor general receives any report from the consultant, the auditor general shall provide electronic copies of the report to the governor, the state comptroller, any vendor identified in the report as having an overpayment claim, The joint legislative budget committee and the secretary of state.
G. For the purposes of this section, "overpayment" means a duplicate payment, an invoice and pricing error, failure to apply a discount, rebate or other allowance, failure to comply with the purchasing agreement or services contract, or any other payment error.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
