An Act Regarding Audits of State Agency Expenditures To Recover Overpayments and Lost Discounts
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation provides for the identification and recovery of payments made in error by the State; and
Whereas, the current economic situation demands that the State take measures such as those required by this legislation as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 5 MRSA §1622 is enacted to read:
§ 1622. Recovery of certain state agency overpayments
(1) In duplicate for a single invoice;
(2) In the amount of a discount available from the vendor that was not applied;
(3) For a late payment penalty that was improperly applied by the vendor;
(4) For shipping costs that were computed incorrectly or incorrectly included in an invoice;
(5) For any commodities billed at an amount higher than negotiated in a contract or master agreement;
(6) For a state tax imposed pursuant to Title 36; or
(7) For a good or service the vendor did not provide.
(1) May 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 because of the consultant's audit activities or recommendations as a fee for services; and
(2) To allow time for the performance of existing state payment auditing procedures, may not allow a recovery audit of a payment during the 180-day period after the date the payment was made.
(1) The Governor;
(2) The State Auditor; and
(3) The Legislative Council.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.