NY State Senate Bill 2013-S3578A

Senate Bill S3578A

2013-2014 Legislative Session

Enacts the "improper payments reporting and reduction act" to require state agencies to annually report on its improper payments and to seek a reduction thereof

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to finance
Feb 28, 2013	print number 3578a
Feb 28, 2013	amend and recommit to finance
Feb 06, 2013	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

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2013-S3578 - Details

See Assembly Version of this Bill:: A958
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 4-B §§56 - 59, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8122, A11470
2011-2012: S1677, A740

2013-S3578 - Summary

Enacts the "improper payments reporting and reduction act" to require state agencies to annually report on their improper payments and to seek to reduce or eliminate such payments.

2013-S3578 - Sponsor Memo

                                BILL NUMBER:S3578

TITLE OF BILL:  An act to amend the executive law, in relation to enact-
ing the "improper payments reporting and reduction act"; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE:  The purpose of the Improper Payment Reporting & Reduction Act
("IPRRA") is to reduce the amount of improper payments made by state
agencies, and accordingly save taxpayer funds while not reducing
services. The act will create budget transparency as it relates to
improper payments, and hold government agencies accountable for improper
payments.

Specifically, IPRRA will (1) require state agencies on a two year rotat-
ing basis to identify on an annualized basis those programs that are at
risk of a significant amount of improper payments; (2) require state
agencies, on an annualized basis, to estimate the amount of improper
payments; and; and (3) require state agencies to report on what actions
and protocols are being implemented to reduce the amount of such improp-
er payments.

SUMMARY OF PROVISIONS:

Section 1: Adds a new article 4-B to the Executive Law to establish the
Improper Payments Reporting and Reduction Act. Such act shall require
that:

- state agencies that have a budget of $20 million or more each year
must every two years, on an annualized basis (1) identify programs that
are at risk of a significant amount of improper payments, (2) estimate
the amount of improper payments, and (3) report on what actions and
protocols are being implemented to reduce the amount of such improper
payments. The first sets of reports will be due in the annual budget
submissions for agencies for fiscal commencing after April 1, years
2015.

- creates an Improper Payment Estimate Guidance Group to consult with
the state comptroller and prescribe guidance to agencies on how they can
identify, estimate and report on improper payments. The group shall be
chaired by the director of the division of the budget and include the
state inspector general,' the welfare inspector general, the metropol-
itan transportation authority inspector general, and two other member
appointed by the Governor. Agencies are required to cooperate with the
improper payment guidance group as needed for the development of the
guidance.

- requires the Improper Payment Estimate Guidance Group to meet within
90 days after the enactment of this bill into law. Further it requires
the group to additionally meet at any time at the suggestion of either
the director of division of the budget or the state comptroller;

provided that the group must meet no fewer than every other year to
review the improper payment guidance.

Section 2: This act shall take effect 180 days after it shall have
become law, and shall expire four years after such effective date so
that this program may be evaluated by the Governor and State Legisla-
ture.

LEGISLATIVE HISTORY:  2010 - S. 8122, Passed the Senate 2011 - 2012 - S.
1677-A / A. 740-A, Passed the Senate in 2011 & 2012

FISCAL IMPLICATIONS: This bill should help to save the State money by
reducing the number and amounts of improper payments.

EFFECTIVE DATE:  This bill would be effective 180 days after it shall
have become law.

2013-S3578 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3578

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 6, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, LITTLE, MAZIARZ, PERALTA, SAVINO,
  STEWART-COUSINS, VALESKY -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to enacting the "improper
  payments reporting and reduction act"; and providing for the repeal of
  such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new article 4-B to
read as follows:
                               ARTICLE 4-B
              IMPROPER PAYMENTS REPORTING AND REDUCTION ACT
SECTION 56.   SHORT TITLE.
        56-A. DEFINITIONS.
        57.   IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES.
        57-A. ESTIMATION OF IMPROPER PAYMENTS.
        57-B. REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS.
        58.   IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP.
        59.   APPLICATION OF ARTICLE.
  S 56. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"IMPROPER PAYMENTS REPORTING AND REDUCTION ACT".
  S 56-A. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL MEAN:
  1.  "AGENCY"  MEANS ANY EXECUTIVE BRANCH AGENCY, DEPARTMENT, DIVISION,
OFFICE, BOARD, COMMISSION, PUBLIC AUTHORITY (OTHER THAN A MULTI-STATE OR
MULTI-NATIONAL AUTHORITY) OR PUBLIC BENEFIT CORPORATION, WITH AN  ANNUAL
BUDGET  OF  AT  LEAST  TWENTY  MILLION  DOLLARS,  THE  HEAD  OF WHICH IS
APPOINTED BY THE GOVERNOR.
  2. "IMPROPER PAYMENT" MEANS ANY PAYMENT THAT SHOULD NOT HAVE BEEN MADE
OR THAT WAS MADE IN AN  INCORRECT  AMOUNT,  INCLUDING  OVERPAYMENTS  AND
UNDERPAYMENTS,  WHETHER  UNDER STATUTORY, CONTRACTUAL, ADMINISTRATIVE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08321-01-3

S. 3578                             2

OTHER LEGALLY APPLICABLE REQUIREMENTS. SUCH TERM SHALL INCLUDE, BUT  NOT
BE  LIMITED  TO, ANY PAYMENT TO AN INELIGIBLE RECIPIENT, ANY PAYMENT FOR
AN INELIGIBLE SERVICE, ANY DUPLICATE PAYMENT, PAYMENTS FOR SERVICES  NOT
RECEIVED AND ANY PAYMENT THAT DOES NOT ACCOUNT FOR CREDIT FOR APPLICABLE
DISCOUNTS.
  3.  "PAYMENT"  MEANS  ANY  PAYMENT,  INCLUDING A COMMITMENT FOR FUTURE
PAYMENT, THAT IS MADE BY AN AGENCY, A STATE  CONTRACTOR,  OR  A  GOVERN-
MENTAL  OR OTHER ORGANIZATION ADMINISTERING A STATE PROGRAM OR ACTIVITY,
AND WHICH DERIVED FROM STATE FUNDS OR OTHER  STATE  RESOURCES,  OR  THAT
WILL BE REIMBURSED FROM STATE FUNDS OR OTHER STATE RESOURCES.
  S  57. IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES. THE HEAD
OF EACH AGENCY SHALL, IN ACCORDANCE WITH GUIDELINES PROMULGATED PURSUANT
TO SECTION FIFTY-EIGHT OF THIS ARTICLE AND NOT LESS THAN ONCE EVERY  TWO
YEARS,  REVIEW ALL PROGRAMS AND ACTIVITIES THAT HIS OR HER AGENCY ADMIN-
ISTERS, AND IDENTIFY ALL  SUCH  PROGRAMS  AND  ACTIVITIES  THAT  MAY  BE
SUSCEPTIBLE TO IMPROPER PAYMENTS.
  S  57-A. ESTIMATION OF IMPROPER PAYMENTS. WITH RESPECT TO EACH PROGRAM
AND ACTIVITY IDENTIFIED IN SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD
OF THE AGENCY SHALL:
  1. ESTIMATE ON AN ANNUALIZED BASIS THE AMOUNT  OF  IMPROPER  PAYMENTS;
AND
  2.  REPORT  SUCH  ESTIMATE TO THE PUBLIC, AND THE CHAIRS OF THE SENATE
FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON OR BEFORE
JANUARY FIRST OF THE CALENDAR YEAR SUCCEEDING THE  REVIEW  CONDUCTED  BY
SUCH HEAD OF THE AGENCY PURSUANT TO SECTION FIFTY-SEVEN OF THIS ARTICLE,
AND  SHALL  BE  POSTED  ON  THE  AGENCY'S INTERNET WEBSITE AND ANY OTHER
WEBSITE ESTABLISHED PURSUANT TO SECTION FIFTY-EIGHT OF THIS ARTICLE.
  ALL AGENCIES SHALL USE THE SAME METHOD OF REPORTING, AS PRESCRIBED  BY
SECTION FIFTY-EIGHT OF THIS ARTICLE.
  S  57-B.  REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS. WITH RESPECT
TO ANY PROGRAM  OR  ACTIVITY  OF  AN  AGENCY  WITH  IDENTIFIED  IMPROPER
PAYMENTS  PURSUANT  TO  SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD OF
THE  AGENCY  SHALL  INCLUDE  WITH  THE  ESTIMATE  PURSUANT  TO   SECTION
FIFTY-SEVEN-A  OF  THIS  ARTICLE  A REPORT ON WHAT ACTIONS THE AGENCY IS
TAKING TO REDUCE THE NUMBER OF AND AMOUNTS OF IMPROPER PAYMENTS, INCLUD-
ING:
  1. A DISCUSSION OF THE CAUSES OF  THE  IMPROPER  PAYMENTS  IDENTIFIED,
ACTIONS  TAKEN TO CORRECT THOSE CAUSES, AND RESULTS OF THE ACTIONS TAKEN
TO ADDRESS THOSE CAUSES;
  2. A STATEMENT OF WHETHER THE AGENCY HAS THE INFORMATION  SYSTEMS  AND
OTHER  INFRASTRUCTURE  IT  NEEDS IN ORDER TO REDUCE IMPROPER PAYMENTS TO
MINIMAL COST-EFFECTIVE LEVELS;
  3. IF THE AGENCY DOES NOT HAVE  SUCH  SYSTEMS  AND  INFRASTRUCTURE,  A
DESCRIPTION  OF  THE  RESOURCES  THE  AGENCY HAS REQUESTED TO OBTAIN THE
NECESSARY INFORMATION SYSTEMS AND INFRASTRUCTURE; AND
  4. A DESCRIPTION OF THE STEPS THE AGENCY  HAS  TAKEN  TO  ENSURE  THAT
AGENCY  MANAGERS  (INCLUDING  THE  AGENCY HEAD) ARE HELD ACCOUNTABLE FOR
REDUCING IMPROPER PAYMENTS.
  S 58. IMPROPER PAYMENT ESTIMATE GUIDANCE  GROUP.  1.  THERE  SHALL  BE
ESTABLISHED,  WITHIN THE EXECUTIVE BRANCH, THE IMPROPER PAYMENT ESTIMATE
GUIDANCE GROUP. SUCH GROUP SHALL BE COMPOSED  OF  THE  DIRECTOR  OF  THE
BUDGET  WHO  SHALL  CHAIR  THE  GROUP,  THE STATE INSPECTOR GENERAL, THE
INSPECTOR GENERAL OF  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY,  THE
WELFARE INSPECTOR GENERAL AND TWO MEMBERS APPOINTED BY THE GOVERNOR.
  2.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS ARTICLE, THE
IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL MEET AND, IN CONSULTATION

S. 3578                             3

WITH THE STATE COMPTROLLER, PRESCRIBE GUIDELINES FOR THE  IMPLEMENTATION
OF  THE  PROVISIONS  OF  THIS ARTICLE. ALL AGENCIES SHALL COOPERATE WITH
SUCH GROUP TO ASSIST IT AS NECESSARY IN THE DEVELOPMENT AND PROMULGATION
OF GUIDELINES. THE GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A.  THE MANNER IN WHICH AGENCIES SHALL REVIEW PROGRAMS AND ACTIVITIES,
AND IDENTIFY THOSE WHICH ARE SUSCEPTIBLE TO IMPROPER PAYMENTS;
  B. THE MANNER IN WHICH AGENCIES SHALL  CALCULATE  STATISTICALLY  VALID
ESTIMATES  OF  THE  ANNUAL  AMOUNT  OF IMPROPER PAYMENTS IN PROGRAMS AND
ACTIVITIES;
  C. THE MANNER IN  WHICH  AGENCIES  SHALL  IMPLEMENT  PLANS  TO  REDUCE
IMPROPER PAYMENTS; AND
  D.  THE MANNER IN WHICH AGENCIES SHALL REPORT ESTIMATES OF THE ANNUAL-
IZED AMOUNT  OF  IMPROPER  PAYMENTS  IN  PROGRAMS  AND  ACTIVITIES,  AND
PROGRESS IN REDUCING THEM.
  3.  THE IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL THEREAFTER MEET
AT ANY TIME AT THE CALL OF EITHER THE DIRECTOR  OF  THE  BUDGET  OR  THE
STATE  COMPTROLLER;  PROVIDED  THAT  SUCH GROUP SHALL MEET NO FEWER THAN
ONCE EVERY OTHER YEAR TO REVIEW THE GUIDELINES.
  S 59.  APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL:
  1. APPLY TO THE ADMINISTRATION OF PROGRAMS AND IMPROPER PAYMENTS  MADE
IN  STATE  FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN; AND
  2. REQUIRE THE  INCLUSION  OF  THE  ESTIMATES,  REPORTED  PURSUANT  TO
SECTION  FIFTY-SEVEN-A OF THIS ARTICLE, IN THE AGENCY BUDGET SUBMISSIONS
FOR STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO  THOUSAND
FIFTEEN.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law, and shall expire and be deemed repealed 4
years after such effective date.

co-Sponsors

View additional co-sponsors

2013-S3578A (ACTIVE) - Details

See Assembly Version of this Bill:: A958
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 4-B §§56 - 59, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8122, A11470
2011-2012: S1677, A740

2013-S3578A (ACTIVE) - Summary

Enacts the "improper payments reporting and reduction act" to require state agencies to annually report on their improper payments and to seek to reduce or eliminate such payments.

2013-S3578A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3578A

TITLE OF BILL:  An act to amend the executive law, in relation to
enacting the "improper payments reporting and reduction act"; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE: The purpose of the Improper Payment Reporting & Reduction Act
("IPRRA") is to reduce the amount of improper payments made by state
agencies, and accordingly save taxpayer funds while not reducing
services. The act will create budget transparency as it relates to
improper payments, and hold government agencies accountable for
improper payments.

Specifically, IPRRA will (1) require state agencies on a two year
rotating basis to identify on an annualized basis those programs that
are at risk of a significant amount of improper payments; (2) require
state agencies, on an annualized basis, to estimate the amount of
improper payments; and; and (3) require state agencies to report on
what actions and protocols are being implemented to reduce the amount
of such improper payments.

SUMMARY OF PROVISIONS:

Section 1: Adds a new article 4-B to the Executive Law to establish
the Improper Payments Reporting and Reduction Act. Such act shall
require that:

- state agencies that have a budget of $20 million or more each year
must every two years, on an annualized basis (1) identify programs
that are at risk of a significant amount of improper payments, (2)
estimate the amount of improper payments, and (3) report on what
actions and protocols are being implemented to reduce the amount of
such improper payments. The first sets of reports will be due in the
annual budget submissions for agencies for fiscal commencing after
April 1, years 2015.

- creates an Improper Payment Estimate Guidance Group to consult with
the state comptroller and prescribe guidance to agencies on how they
can identify, estimate and report on improper payments. The group
shall be chaired by the director of the division of the budget and
include the state inspector general,' the welfare inspector general,
the metropolitan transportation authority inspector general, and two
other member appointed by the Governor. Agencies are required to
cooperate with the improper payment guidance group as needed for the
development of the guidance.

- requires the Improper Payment Estimate Guidance Group to meet within
90 days after the enactment of this bill into law. Further it requires
the group to additionally meet at any time at the suggestion of either
the director of division of the budget or the state comptroller;
provided that the group must meet no fewer than every other year to
review the improper payment guidance.

Section 2: This act shall take effect 180 days after it shall have
become law, and shall expire four years after such effective date so


that this program may be evaluated by the Governor and State
Legislature.

LEGISLATIVE HISTORY: 2010 - S. 8122, Passed the Senate 2011 - 2012
-S.1677-A / A. 740-A, Passed the Senate in 2011 & 2012

FISCAL IMPLICATIONS: This bill should help to save the State money by
reducing the number and amounts of improper payments.

EFFECTIVE DATE: This bill would be effective 180 days after it shall
have become law.

2013-S3578A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3578--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 6, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, LITTLE, MAZIARZ, PERALTA, SAVINO,
  STEWART-COUSINS, VALESKY -- read twice and ordered printed,  and  when
  printed  to  be  committed  to  the  Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to enacting the "improper
  payments reporting and reduction act"; and providing for the repeal of
  such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new article 4-B to
read as follows:
                               ARTICLE 4-B
              IMPROPER PAYMENTS REPORTING AND REDUCTION ACT
SECTION 56.   SHORT TITLE.
        56-A. DEFINITIONS.
        57.   IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES.
        57-A. ESTIMATION OF IMPROPER PAYMENTS.
        57-B. REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS.
        58.   IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP.
        59.   APPLICATION OF ARTICLE.
  S 56. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"IMPROPER PAYMENTS REPORTING AND REDUCTION ACT".
  S  56-A.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL MEAN:
  1. "AGENCY" MEANS ANY EXECUTIVE BRANCH AGENCY,  DEPARTMENT,  DIVISION,
OFFICE, BOARD, COMMISSION, PUBLIC AUTHORITY (OTHER THAN A MULTI-STATE OR
MULTI-NATIONAL  AUTHORITY) OR PUBLIC BENEFIT CORPORATION, WITH AN ANNUAL
BUDGET OF AT  LEAST  TWENTY  MILLION  DOLLARS,  THE  HEAD  OF  WHICH  IS
APPOINTED BY THE GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08321-02-3

S. 3578--A                          2

  2. "IMPROPER PAYMENT" MEANS ANY PAYMENT THAT SHOULD NOT HAVE BEEN MADE
OR  THAT  WAS  MADE  IN  AN INCORRECT AMOUNT, INCLUDING OVERPAYMENTS AND
UNDERPAYMENTS, WHETHER UNDER STATUTORY, CONTRACTUAL,  ADMINISTRATIVE  OR
OTHER  LEGALLY APPLICABLE REQUIREMENTS. SUCH TERM SHALL INCLUDE, BUT NOT
BE  LIMITED  TO, ANY PAYMENT TO AN INELIGIBLE RECIPIENT, ANY PAYMENT FOR
AN INELIGIBLE SERVICE, ANY DUPLICATE PAYMENT, PAYMENTS FOR SERVICES  NOT
RECEIVED AND ANY PAYMENT THAT DOES NOT ACCOUNT FOR CREDIT FOR APPLICABLE
DISCOUNTS.
  3.  "PAYMENT"  MEANS  ANY  PAYMENT,  INCLUDING A COMMITMENT FOR FUTURE
PAYMENT, THAT IS MADE BY AN AGENCY, A STATE  CONTRACTOR,  OR  A  GOVERN-
MENTAL  OR OTHER ORGANIZATION ADMINISTERING A STATE PROGRAM OR ACTIVITY,
AND WHICH DERIVED FROM STATE FUNDS OR OTHER  STATE  RESOURCES,  OR  THAT
WILL BE REIMBURSED FROM STATE FUNDS OR OTHER STATE RESOURCES.
  S  57. IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES. THE HEAD
OF EACH AGENCY SHALL, IN ACCORDANCE WITH GUIDELINES PROMULGATED PURSUANT
TO SECTION FIFTY-EIGHT OF THIS ARTICLE AND NOT LESS THAN ONCE EVERY  TWO
YEARS,  REVIEW ALL PROGRAMS AND ACTIVITIES THAT HIS OR HER AGENCY ADMIN-
ISTERS, AND IDENTIFY ALL  SUCH  PROGRAMS  AND  ACTIVITIES  THAT  MAY  BE
SUSCEPTIBLE TO IMPROPER PAYMENTS.
  S  57-A. ESTIMATION OF IMPROPER PAYMENTS. WITH RESPECT TO EACH PROGRAM
AND ACTIVITY IDENTIFIED IN SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD
OF THE AGENCY SHALL:
  1. ESTIMATE ON AN ANNUALIZED BASIS THE AMOUNT  OF  IMPROPER  PAYMENTS;
AND
  2.  REPORT  SUCH  ESTIMATE TO THE PUBLIC, AND THE CHAIRS OF THE SENATE
FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON OR BEFORE
JANUARY FIRST OF THE CALENDAR YEAR SUCCEEDING THE  REVIEW  CONDUCTED  BY
SUCH HEAD OF THE AGENCY PURSUANT TO SECTION FIFTY-SEVEN OF THIS ARTICLE,
AND  SHALL  BE  POSTED  ON  THE  AGENCY'S INTERNET WEBSITE AND ANY OTHER
WEBSITE.
  ALL AGENCIES SHALL USE THE SAME METHOD OF REPORTING, AS PRESCRIBED  BY
SECTION FIFTY-EIGHT OF THIS ARTICLE.
  S  57-B.  REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS. WITH RESPECT
TO ANY PROGRAM  OR  ACTIVITY  OF  AN  AGENCY  WITH  IDENTIFIED  IMPROPER
PAYMENTS  PURSUANT  TO  SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD OF
THE  AGENCY  SHALL  INCLUDE  WITH  THE  ESTIMATE  PURSUANT  TO   SECTION
FIFTY-SEVEN-A  OF  THIS  ARTICLE  A REPORT ON WHAT ACTIONS THE AGENCY IS
TAKING TO REDUCE THE NUMBER OF AND AMOUNTS OF IMPROPER PAYMENTS, INCLUD-
ING:
  1. A DISCUSSION OF THE CAUSES OF  THE  IMPROPER  PAYMENTS  IDENTIFIED,
ACTIONS  TAKEN TO CORRECT THOSE CAUSES, AND RESULTS OF THE ACTIONS TAKEN
TO ADDRESS THOSE CAUSES;
  2. A STATEMENT OF WHETHER THE AGENCY HAS THE INFORMATION  SYSTEMS  AND
OTHER  INFRASTRUCTURE  IT  NEEDS IN ORDER TO REDUCE IMPROPER PAYMENTS TO
MINIMAL COST-EFFECTIVE LEVELS;
  3. IF THE AGENCY DOES NOT HAVE  SUCH  SYSTEMS  AND  INFRASTRUCTURE,  A
DESCRIPTION  OF  THE  RESOURCES  THE  AGENCY HAS REQUESTED TO OBTAIN THE
NECESSARY INFORMATION SYSTEMS AND INFRASTRUCTURE; AND
  4. A DESCRIPTION OF THE STEPS THE AGENCY  HAS  TAKEN  TO  ENSURE  THAT
AGENCY  MANAGERS  (INCLUDING  THE  AGENCY HEAD) ARE HELD ACCOUNTABLE FOR
REDUCING IMPROPER PAYMENTS.
  S 58. IMPROPER PAYMENT ESTIMATE GUIDANCE  GROUP.  1.  THERE  SHALL  BE
ESTABLISHED,  WITHIN THE EXECUTIVE BRANCH, THE IMPROPER PAYMENT ESTIMATE
GUIDANCE GROUP. SUCH GROUP SHALL BE COMPOSED  OF  THE  DIRECTOR  OF  THE
BUDGET  WHO  SHALL  CHAIR  THE  GROUP,  THE STATE INSPECTOR GENERAL, THE

S. 3578--A                          3

INSPECTOR GENERAL OF  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY,  THE
WELFARE INSPECTOR GENERAL AND TWO MEMBERS APPOINTED BY THE GOVERNOR.
  2.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS ARTICLE, THE
IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL MEET AND, IN CONSULTATION
WITH THE STATE COMPTROLLER, PRESCRIBE GUIDELINES FOR THE  IMPLEMENTATION
OF  THE  PROVISIONS  OF  THIS ARTICLE. ALL AGENCIES SHALL COOPERATE WITH
SUCH GROUP TO ASSIST IT AS NECESSARY IN THE DEVELOPMENT AND PROMULGATION
OF GUIDELINES. THE GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A. THE MANNER IN WHICH AGENCIES SHALL REVIEW PROGRAMS AND  ACTIVITIES,
AND IDENTIFY THOSE WHICH ARE SUSCEPTIBLE TO IMPROPER PAYMENTS;
  B.  THE  MANNER  IN WHICH AGENCIES SHALL CALCULATE STATISTICALLY VALID
ESTIMATES OF THE ANNUAL AMOUNT OF  IMPROPER  PAYMENTS  IN  PROGRAMS  AND
ACTIVITIES;
  C.  THE  MANNER  IN  WHICH  AGENCIES  SHALL  IMPLEMENT PLANS TO REDUCE
IMPROPER PAYMENTS; AND
  D. THE MANNER IN WHICH AGENCIES SHALL REPORT ESTIMATES OF THE  ANNUAL-
IZED  AMOUNT  OF  IMPROPER  PAYMENTS  IN  PROGRAMS  AND  ACTIVITIES, AND
PROGRESS IN REDUCING THEM.
  3. THE IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL THEREAFTER  MEET
AT  ANY  TIME  AT  THE  CALL OF EITHER THE DIRECTOR OF THE BUDGET OR THE
STATE COMPTROLLER; PROVIDED THAT SUCH GROUP SHALL  MEET  NO  FEWER  THAN
ONCE EVERY OTHER YEAR TO REVIEW THE GUIDELINES.
  S 59.  APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL:
  1.  APPLY TO THE ADMINISTRATION OF PROGRAMS AND IMPROPER PAYMENTS MADE
IN STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST,  TWO  THOUSAND
FOURTEEN; AND
  2.  REQUIRE  THE  INCLUSION  OF  THE  ESTIMATES,  REPORTED PURSUANT TO
SECTION FIFTY-SEVEN-A OF THIS ARTICLE, IN THE AGENCY BUDGET  SUBMISSIONS
FOR  STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND
FIFTEEN.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall expire and be  deemed  repealed  4
years after such effective date.

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Senate Bill S3578A

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Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2013-S3578 - Details

2013-S3578 - Summary

2013-S3578 - Sponsor Memo

2013-S3578 - Bill Text download pdf

co-Sponsors

2013-S3578A (ACTIVE) - Details

2013-S3578A (ACTIVE) - Summary

2013-S3578A (ACTIVE) - Sponsor Memo

2013-S3578A (ACTIVE) - Bill Text download pdf

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