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ALEC Legislation in Virginia: Government Reform

 

HB 1331: Council on Efficient Government

According to AlterNet, "The hallmark of ALEC's model privatization legislation, the Council on Efficient Government Act, creates "a council on efficient government to leverage resources and contract with private sector vendors if those vendors can more effectively and efficiently provide goods and services and reduce the cost of government." These councils typically include representatives from the private sector, who then decide to let their business colleagues bid for public sector work." This legislation has also been introduced in Maryland, Kansas, Illinois, Arizona, Oregon, and South Carolina. (Source)

The Center for Media and Democracy described this bill as an attempt to "subsidize for-profit corporations for work traditionally performed by government" and "outsource public services." (Source)

  • Sponsor: Delegate Cosgrove
  • Status: Failed


 

Virginia's Council on Efficient Government Act

ALEC's Council on Efficient Government Act

 

A. The Council on Efficient Government (the Council) is established as an advisory council, within the meaning of §2.2-2100, in the executive branch of state government. The Council shall consist of seven members as follows:

 

1. The chief executive or administrative officer of a state agency, appointed by the Governor, who shall serve ex officio with voting privileges;

 

2. Two nonlegislative members who are engaged in private enterprise, appointed by the Governor;

 

3. Two nonlegislative members who are engaged in private enterprise, appointed by the Senate Committee on Rules; and

 

4. Two nonlegislative members who are engaged in private enterprise, appointed by the Speaker of the House of Delegates.

 

(A) The Council on Efficient Government is established consisting of the following members:

 

 

 

 

(1) The chief executive or administrative officer of a state agency who is appointed by the Governor.

 

 

(2) Two members who are engaged in private enterprise and who are appointed by the Governor.

 

(3) Two members who are engaged in private enterprise and who are appointed by the President of the Senate.

 

(4) Two members who are engaged in private enterprise and who are appointed by the Speaker of the House of Representatives.

 

B. The terms of appointment to the Council are for two years. The ex officio member shall serve a term coincident with his term of office or until his successors shall qualify. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no citizen member shall serve more than two consecutive two-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.

 

C. The Council shall elect a chairman and vice-chairman from among its membership. A majority of the members shall constitute a quorum. The Council shall meet at least four times each year. The meetings of the Council shall be held at the call of the chairman or whenever the majority of the members so request.

 

D. Members shall not receive compensation, but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of such expenses of the members shall be provided by the Office of the Secretary of Administration.

 

E. A member of the Council may not participate in a Council review of a business case to outsource if the state agency is conducting the outsourcing or, in the case of a member engaged in private enterprise, if the member has a business relationship with an entity that is involved or potentially could be involved in the proposed outsourcing.

 

(B) The terms of appointment to the council are for two years unless the chief executive or administrative officer of a state agency ceases to hold office.  The

Governor shall appoint a replacement member for the remainder of the unexpired term.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(C) A member of the Council who is engaged in private enterprise is not eligible to receive compensation but is eligible for reimbursement of expenses, pursuant to state statute.

 

 

 

 

 

(D) A member of the Council may not participate in a council review of a business case to outsource if the state agency is conducting the proposed outsourcing or, in the case of a member engaged in private enterprise, if the member has a business relationship with an entity that is involved or potentially could be involved in the proposed outsourcing.

 

Powers and duties of the Council; annual report.

 

A. The Council shall:

 

1. Review whether or not a good or service provided by a state agency could be privatized to provide the same type and quality of good or service that would result in cost savings or best value. The Council may hold public hearings as part of its evaluation process and shall report its recommendations to the Governor, the President of the Senate, and the Speaker of the House of Delegates;

 

2. Review privatization of a good or service at the request of a state agency or a private enterprise;

 

3. Review issues concerning agency competition with one or more private enterprises to determine ways to eliminate any unfair competition with a private enterprise;

 

4. Recommend privatization to a state agency if a proposed privatization is demonstrated to provide a more cost efficient or more effective manner of providing a good or service;

 

5. Employ a standard process for reviewing business cases to outsource;

 

6. Review and evaluate business cases to outsource as requested by the Governor or the state agency head whose agency is proposing to outsource;

 

7. No later than 30 days before a state agency's issuance of a solicitation of $10 million or more, provide to the state agency conducting the procurement, the Governor, the President of the Senate and the Speaker of the House of Delegates, an advisory report for each business case reviewed and evaluated by the Council. The report shall contain all versions of the business case, an evaluation of the business case, any relevant recommendations and sufficient information to assist the state agency proposing to outsource in determining whether the business case to outsource should be included with the legislative budget request;

 

 

8. Recommend and implement standard processes for state agency and Council review and evaluate state agency business cases to outsource, including templates for use by state agencies in submitting business cases to the Council;

 

 

9. Recommend standards, processes and guidelines for use by state agencies in developing business cases to outsource;

 

 

 

 

 

 

10. Incorporate any lessons learned from outsourcing services and activities into Council standards, procedures and guidelines, as appropriate, and identify and disseminate to agencies information regarding best practices in outsourcing efforts;

 

Section 3. {Powers and duties of the council; annual report.}

 

(A) The Council shall:

 

(1) Review whether or not a good or service provided by a state agency could be privatized to provide the same type and quality of good or service that would result in cost savings or best value. The

Council may hold public hearings as part of its evaluation process and shall report its recommendations to the Governor, the President of the Senate and the Speaker of the House of Representatives.

 

(2) Review privatization of a good or service at the request of a state agency or a private enterprise.

 

(3) Review issues concerning agency competition with one or more private enterprises to determine ways to eliminate any unfair competition with a private enterprise.

 

(4) Recommend privatization to a state agency if a proposed privatization is demonstrated to provide a more cost efficient or more effective manner of providing a good or service.

 

(6) Employ a standard process for reviewing business cases to outsource.

 

(7) Review and evaluate business cases to outsource as requested by the Governor or the state agency head whose agency is proposing to outsource.

 

(8) No later than thirty days before a state agency's issuance of a solicitation of ten million dollars or more, provide to the state agency conducting the procurement, the Governor, the President of the Senate and the Speaker of the House of Representatives, an advisory report for each business case reviewed and evaluated by the Council.

The report must contain all versions of the business case, an evaluation of the business case, any relevant recommendations and sufficient information to assist the state agency proposing to outsource in determining whether the business case to outsource should be included with the legislative budget request.

 

(9) Recommend and implement standard processes for state agency and council review and evaluate state agency business cases to outsource, including templates for use by state agencies in submitting business cases to the council.

 

(10) Recommend standards, processes and guidelines for use by state agencies in developing business cases to outsource and council review and evaluate state agency business cases to outsource, including templates for use by state agencies in submitting business cases to the council.

 

(11) Incorporate any lessons learned from outsourcing services and activities into council standards, procedures and guidelines, as appropriate, and identify and disseminate to agencies information regarding best practices in outsourcing efforts

11. Develop guidelines for assisting state employees whose jobs are eliminated as a result of outsourcing;

 

12. Receive complaints of violations of this article;

 

13. Transmit complaints received under this article to the state agency alleged to be in violation;

 

14. Hold public hearings on complaints and determine whether the agency is in violation of this article;

 

15. Issue a written report of its findings to the complainant within 90 days after receiving the state agency's response;

 

 

16. Transmit to the Governor, the President of the Senate and the Speaker of the House of Delegates a complete report of each meeting, including recommendations to correct violations of prohibitions on competition with private enterprise and findings on necessary exceptions to the prohibitions; and

 

17. Solicit petitions of interest from private sector service providers as the Council considers appropriate. The Council may evaluate and review the petitions and may hold public hearings as part of the evaluation process. The Council may recommend some or all of the petitions to the Governor's office for further review pursuant to state statute. A person shall not have a cause of action based on the failure of the Council to consider a petition of interest or make a recommendation.

 

(12) Develop guidelines for assisting state employees whose jobs are eliminated as a result of outsourcing.

 

(13) Receive complaints of violations of this article.

          

(14) Transmit complaints received under this section to the state agency alleged to be in violation.

 

(15) Hold public hearings on complaints and determine whether the agency is in violation of this article.

 

(16) Issue a written report of its findings to the complainant within ninety days after receiving the state agency's response.

 

(17) Transmit to the Governor, the President of the Senate and the Speaker of the House of Representatives a complete report of each meeting, including recommendations to correct violations of prohibitions on competition with private enterprise and findings on necessary exceptions to the prohibitions.

 

 

(18) Solicit petitions of interest from private sector service providers as the council considers appropriate. The council may evaluate and review the petitions and may hold public hearings as part of the evaluation process. The Council may recommend some or all of the petitions to the Governor's office for further review pursuant to state statute.  A person does not have a cause of action based on the failure of the council to consider a petition of interest or make a recommendation.

 

B. The Council may evaluate and review all state agency exemptions and exemptions to the restrictions on competition with private enterprise in this article and may determine that any function or functions of a state agency are in violation of this article. The Council shall report its findings and recommendations to the Governor, the President of the Senate and the Speaker of the House of Delegates.

 

C. The Council shall prepare an annual report on:

 

1. Recommendations on innovative methods of delivering government services that would improve the efficiency, effectiveness or competition in the delivery of government services, including enterprise-wide proposals.

 

2. Outsourcing efforts of each state agency, including the number of outsourcing business cases and solicitations, the number and dollar value of outsourcing contracts, descriptions of performance results as applicable, any contract violations or project slippages and the status of extensions, renewals and amendments of outsourcing contracts.

 

3. Information about the Council's activities.

 

4. The status of the inventory created under § 2.2-2699.8.

 

(B) The Council may evaluate and review all state agency exemptions and exemptions to the restrictions on competition with private enterprise in this article and may determine that any function or functions of state agency are in violation of this article. The council shall report its findings and recommendations to the Governor, the President of the Senate and the Speaker of the House of Representatives.

 

(C) The council shall prepare an annual report on:

 

(1) Recommendations on innovative methods of delivering government services that would improve the efficiency, effectiveness or competition in the delivery of government services, including enterprise-wide proposals.

 

(2) Outsourcing efforts of each state agency, including the number of outsourcing business cases and solicitations, the number and dollar value of outsourcing contracts, descriptions of performance results as applicable, any contract violations or project slippages and the status of extensions, renewals and amendments of outsourcing contracts.

 

(3) Information about the council's activities.

 

(4) The status of the inventory created under Section 4 of this bill

D. The Council shall submit the annual report prescribed by subsection C to the Governor, the President of the Senate and the Speaker of the House of Delegates no later than January 15 immediately following the calendar year for which the report is made.

 

 

 

 

 

 

 

E. Each state agency shall submit to the Council all information, documents and other materials requested by the Council pursuant to this article.

 

F. At the request of the Council and on approval of the Governor, the Secretary of Finance or his designee shall provide a performance audit and other required information relating to state agency budgets and functions. The Director of the Department of Planning and Budget may assist in the development and review of the agency inventory of commercial activities prescribed in § 2.2-2699.8.

 

G. The Council may appoint advisory groups to conduct studies, research or analyses and make reports and recommendations with respect to a matter within the jurisdiction of the Council. At least one member of the Council shall serve on each advisory group.

 

H. Subject to subsection B of § 2.2-2699.8, nothing in this article shall preclude a state agency from privatizing the provision of a good or service independent of the Council.

 

(D) The Council shall submit the annual report prescribed by Subsection C of this section to the Governor, the President of the Senate and the Speaker of the House of Representatives no later than January 15 immediately following the calendar year for which the report is made.  The council shall provide an oral report to the Joint Legislative Budget Committee and the Governor's Office of Strategic Planning and Budgeting when the legislature is not in session.

 

 

(F) Each state agency shall submit to the council all information, documents and other materials required by the council pursuant to this article.

 

(G) At the request of the Council and on approval of the Joint Legislative Audit

Committee, the Auditor General shall provide performance audit and other required information relating to state agency budgets and functions.  The Auditor General may assist in the development and review of the agency inventory of commercial activities prescribed in Section 4.

 

 

(I) The council may appoint advisory groups to conduct studies, research or analyses and make reports and recommendations with respect to a matter within the jurisdiction of the council. At least one member of the council shall serve on each advisory group.

 

(J) Subject to Section 5, subsection B, this article does not preclude a state agency from privatizing the provision of a good or service independent of the council.

 

 

Commercial activities inventory and review.

 

A. On or before July 1, 2011, the Council shall create an inventory of activities of state agencies to classify whether each activity or elements of the activity are:

 

 

1. A commercial activity that can be obtained in whole or in part from a private enterprise.

 

2. An inherently governmental activity.

 

B. The Council shall update the inventory created under this section at least every two years.

 

C. The Council shall make the inventory available to the public through electronic means.

 

D. State agencies shall cooperate with inventory requests made by the Council.

 

Section 4. {Commercial activities inventory and review.}

 

(A) On or before a date selected by the legislature, the council shall create an inventory of activities of state agencies to classify whether each activity or elements of the activity are:

 

(1) A commercial activity that can be obtained in whole or in part from a private enterprise.

 

(2) An inherently governmental activity.

 

(B) The Council shall update the inventory created under this section at least every two years.

 

(C) The Council shall make the inventory available to the public through electronic means.

 

(D) State agencies shall cooperate with inventory requests made by the Council.

Business cases to outsource; review and analysis; requirements.

 

A. A proposal to outsource having a projected cost of more than $10 million in any fiscal year shall require:

 

1. An initial business case analysis conducted by the state agency and submitted to the Council, the Governor, the President of the Senate and the Speaker of the House of Delegates at least 60 days before a solicitation is issued. The Council shall evaluate the business case analysis and submit an advisory report to the state agency, the Governor, the President of the Senate and the Speaker of the House of Delegates when the advisory report is completed, but at least 30 days before the agency issues the solicitation.

 

 

2. A final business case analysis conducted by the state agency and submitted after the conclusion of any negotiations, at least 30 days before execution of a contract, to the Council, the Governor, the President of the Senate and the Speaker of the House of Delegates.

 

B. A proposal to outsource having a projected cost of at least $1 million but no more than $10 million in any fiscal year shall require:

 

 

1. An initial business case analysis conducted by the state agency and submission of the business case, at least 30 days before issuing a solicitation, to the Council, the Governor, the President of the Senate and the Speaker of the House of Delegates.

 

2. A final business case analysis conducted by the state agency and submitted after the conclusion of any negotiations, at least 30 days before execution of a contract, to the Council, the Governor, the President of the Senate and the Speaker of the House of Delegates.

 

C. A business case to outsource having a projected cost of less than $1 million in any fiscal year shall require a final business case analysis conducted by the state agency after the conclusion of any negotiations and provided to the Council at least 30 days before execution of a contract. The Council shall provide the business cases in its annual report to the President of the Senate and the Speaker of the House of Delegates.

 

D. For any proposed outsourcing, the state agency shall develop a business case that justifies the proposal to outsource. The business case shall not be subject to challenge or protest. The business case shall include:

 

{Business cases to outsource; review and analysis; requirements.}

 

(A) A proposal to outsource having a projected cost of more than ten million dollars in any fiscal year shall require:

 

(1) An initial business case analysis conducted by the state agency and submitted to the Council, the Governor, the President of the Senate and the Speaker of the House of Representatives at least sixty days before a solicitation is issued.  The Council shall evaluate the business case analysis and submit an advisory report to the state agency, the Governor, the President of the Senate and the Speaker of the House of Representatives when the advisory report is completed, but at least thirty days before the agency issues the solicitation.

 

(2) A final business case analysis conducted by the state agency and submitted after the conclusion of any negotiations, at least thirty days before execution of a contract, to the council, the Governor, the President of the Senate and the Speaker of the House of Representatives.

 

(B) A proposal to outsource having a projected cost of at least one million dollars but not more than ten million dollars in any fiscal year shall require:

 

(1) An initial business case analysis conducted by the state agency and submission of the business case, at least thirty days before issuing a solicitation, to the Council, the Governor, the President of the Senate and the Speaker of the House of Representatives.

 

(2) A final business case analysis conducted by the state agency and submitted after the conclusion of any negotiations, at least thirty days before execution of a contract, to the Council, the Governor, the President of the Senate and the Speaker of the House of Representatives.

 

(C) A business case to outsource having a projected cost of less than one million dollars in any fiscal year shall require a final business case analysis conducted by the state agency after the conclusion of any negotiations and provided to the council at least thirty days before execution of a contract. The Council shall provide the business cases in its annual report to the President of the Senate and the Speaker of the House of Representatives.

 

(D) For any proposed outsourcing, the state agency shall develop a business case that justifies the proposal to outsource. The business case is not subject to challenge or protest. The business case must include:

 

1. A detailed description of the service or activity for which the outsourcing is proposed;

 

2. A description and analysis of the state agency's current performance based on existing performance measures if the state agency is currently performing the service or activity;

 

3. The goals desired to be achieved through the proposed outsourcing and the rationale for the goals;

 

4. A citation to the existing or proposed legal authority for outsourcing the service or activity;

 

5. A description of available options for achieving the goals. If state employees are currently performing the service or activity, at least one option involving maintaining state provision of the service or activity shall be included;

 

6. An analysis of the advantages and disadvantages of each option, including, at a minimum, potential performance improvements and risks;

 

7. A description of the current market for the contractual services that are under consideration for outsourcing.

 

8. A cost benefit analysis documenting the direct and indirect specific baseline costs, savings and qualitative and quantitative benefits involved in or resulting from the implementation of the recommended option or options. The analysis shall specify the schedule that, at a minimum, shall be adhered to in order to achieve the estimated savings. All elements of cost shall be clearly identified in the cost benefit analysis, described in the business case and supported by applicable records and reports. The state agency head shall attest that based on the data and information underlying the business case, and to the best of the state agency head's knowledge, all projected costs, savings and benefits are valid and achievable.

 

 

(1) A detailed description of the service or activity for which the outsourcing is proposed.

 

(2) A description and analysis of the state agency's current performance based on existing performance measures if the state agency is currently performing the service or activity.

 

(3) The goals desired to be achieved through the proposed outsourcing and the rationale for the goals.

 

(4) A citation to the existing or proposed legal authority for outsourcing the service or activity.

 

(5) A description of available options for achieving the goals. If state employees are currently performing the service or activity, at least one option involving maintaining state provision of the service or activity shall be included.

 

(6) An analysis of the advantages and disadvantages of each option, including, at a minimum, potential performance improvements and risks.

 

(7) A description of the current market for the contractual services that are under consideration for outsourcing.

 

(8) A cost benefit analysis documenting the direct and indirect specific baseline costs, savings and qualitative and quantitative benefits involved in or resulting from the implementation of the recommended option or options.  The analysis must specify the schedule that, at a minimum, must be adhered to in order to achieve the estimated savings.  All elements of cost must be clearly identified in the cost benefit analysis, described in the business case and supported by applicable records and reports.  The state agency head shall attest that based on the data and information underlying the business case and to the best of the state agency head's knowledge all projected costs, savings and benefits are valid and achievable.

For the purposes of this section:

"Cost" means the reasonable, relevant and verifiable cost, which may include elements such as personnel, materials and supplies, services, equipment, capital depreciation, rent, maintenance and repairs, utilities, insurance, personnel travel, overhead and interim and final payments. The appropriate elements shall depend on the nature of the specific initiative.

 

"Savings" means the difference between the direct and indirect actual annual baseline costs compared to the projected annual cost for the contracted functions or responsibilities in any succeeding state fiscal year during the term of the contract;

 

For the purposes of this paragraph:

(a)  "Cost" means the reasonable, relevant and verifiable cost, which may include elements such as personnel, materials and supplies, services, equipment, capital depreciation, rent, maintenance and repairs, utilities, insurance, personnel travel, overhead and interim and final payments.  The appropriate elements shall depend on the nature of the specific initiative.

 

(b)  "Savings" means the difference between the direct and indirect actual annual baseline costs compared to the projected annual cost for the contracted functions or responsibilities in any succeeding state fiscal year during the term of the contract.

9. A description of differences among current state agency policies and processes and, as appropriate, a discussion of options for or a plan to standardize, consolidate or revise current policies and processes, if any, to reduce the customization of any proposed solution that would otherwise be required;

 

10. A description of the specific performance standards that shall, at a minimum, be met to ensure adequate performance;

 

11. The projected time frame for key events from the beginning of the procurement process through the expiration of a contract;

 

12. A plan to ensure compliance with the Freedom of Information Act (§ 2.2-3700 et seq.);

 

13. A specific and feasible contingency plan addressing contractor nonperformance and a description of the tasks involved in and costs required for its implementation;

 

14. A state agency's transition plan for addressing changes in the number of agency personnel, affected business processes, employee transition issues and communication with affected stakeholders, such as agency clients and the public. The transition plan shall contain a reemployment and retraining assistance plan for employees who are not retained by the state agency or employed by the contractor;

 

15. A plan for ensuring access by persons with disabilities in compliance with applicable state and federal law; and

 

16. A description of legislative and budgetary actions necessary to accomplish the proposed outsourcing.

 

 

(9) A description of differences among current state agency policies and processes and, as appropriate, a discussion of options for or a plan to standardize, consolidate or revise current policies and processes, if any, to reduce the customization of any proposed solution that would otherwise be required.

 

(10) A description of the specific performance standards that must, at a minimum, be met to ensure adequate performance.

 

(11) The projected time frame for key events from the beginning of the procurement process through the expiration of a contract.

 

(12) A plan to ensure compliance with the public records law.

 

(13) A specific and feasible contingency plan addressing contractor nonperformance and a description of the tasks involved in and costs required for its implementation.

 

 

(14) A state agency's transition plan for addressing changes in the number of agency personnel, affected business processes, employee transition issues and communication with affected stakeholders, such as agency clients and the public.  The transition plan must contain a reemployment and retraining assistance plan for employees who are not retained by the state agency or employed by the contractor.

 

(15) A plan for ensuring access by persons with disabilities in compliance with applicable state and federal law.

 

(16) A description of legislative and budgetary actions necessary to accomplish the proposed outsourcing.

E. Each contract for a proposed outsourcing pursuant to this section shall include the following:

 

1. A scope-of-work provision that clearly specifies each service or deliverable to be provided, including a description of each deliverable or activity that is quantifiable, measurable and verifiable. This provision shall include a clause stating that if a particular service or deliverable is inadvertently omitted or not clearly specified but determined to be operationally necessary and verified to have been performed by the agency within the 12 months before the execution of the contract, the service or deliverable will be provided by the contractor through the identified contract amendment process.

 

 

2. A service level agreement provision describing all services to be provided under the terms of the agreement, the state agency's service requirements and performance objectives, specific responsibilities of the stage agency and the contractor and the process for amending any portion of the service level agreement. Each service level agreement shall contain an exclusivity clause that allows the state agency to retain the right to perform the service or activity, directly or with another contractor, if service levels are not being achieved.

 

3. A provision that identifies all associated costs, specific payment terms and payment schedules, including provisions governing incentives and financial disincentives and criteria governing payment.

 

4. A provision that identifies a clear and specific transition plan that will be implemented in order to complete all required activities needed to transfer the service or activity from the state agency to the contractor and operate the service or activity successfully.

 

5. A performance standards provision that identifies all required performance standards, which shall include at a minimum:

 

a. Detailed and measurable acceptance criteria for each deliverable and service to be provided to the state agency under the terms of the contract that document the required performance level;

 

b. A method for monitoring and reporting progress in achieving specified performance standards and levels; and

 

c. The sanctions or disincentives that will be imposed for nonperformance by the contractor or state agency.

 

(E) Each contract for a proposed outsourcing pursuant to this section shall include the following:

 

(1) A scope-of-work provision that clearly specifies each service or deliverable to be provided, including a description of each deliverable or activity that is quantifiable, measurable and verifiable.  This provision must include a clause stating that if a particular service or deliverable is inadvertently omitted or not clearly specified but determined to be operationally necessary and verified to have been performed by the agency within the twelve months before the execution of the contract, the service or deliverable will be provided by the contractor through the identified contract amendment process.

 

(2) A service level agreement provision describing all services to be provided under the terms of the agreement, the state agency's service requirements and performance objectives, specific responsibilities of the state agency and the contractor and the process for amending any portion of the service level agreement. Each service level agreement must contain an exclusivity clause that allows the state agency to retain the right to perform the service or activity, directly or with another contractor, if service levels are not being achieved.

 

(3) A provision that identifies all associated costs, specific payment terms and payment schedules, including provisions governing incentives and financial disincentives and criteria governing payment.

 

(4) A provision that identifies a clear and specific transition plan that will be implemented in order to complete all required activities needed to transfer the service or activity from the state agency to the contractor and operate the service or activity successfully.

 

(5) A performance standards provision that identifies all required performance standards, which must include at a minimum:

 

(a) Detailed and measurable acceptance criteria for each deliverable and service to be provided to the state agency under the terms of the contract that document the required performance level.

 

(b) A method for monitoring and reporting progress in achieving specified performance standards and levels.

 

(c) The sanctions or disincentives that will be imposed for nonperformance by the contractor or state agency.

6. A provision that requires the contractor and its subcontractors to maintain adequate accounting records that comply with all applicable federal and state laws and generally accepted accounting principles.

 

7. A provision that authorizes the state agency to have access to and audit all records related to the contract and subcontracts, or any responsibilities or functions under the contract and subcontracts, for purposes of legislative oversight and a requirement for audits by a service organization pursuant to professional auditing standards, if appropriate.

 

8. A provision that requires the contractor to interview and consider for employment with the contractor each displaced state employee who is interested in such employment.

 

9. A contingency plan provision that describes the mechanism for continuing the operation of the service or activity, including transferring the service or activity back to the state agency or successor contractor, if the contractor fails to perform and comply with the performance standards and levels of the contract and the contract is terminated.

 

10. A provision that requires the contractor and its subcontractors to comply with the Freedom of Information Act (§2.2-3700 et seq.), specifically to:

 

a. Keep and maintain the public records that ordinarily and necessarily would be required by the state agency in order to perform the service or activity;

 

b. Provide the public with access to the public records on the same terms and conditions that the state agency would provide the records;

 

c. Ensure that records that are exempt or records that are confidential and exempt are not disclosed except as authorized or required by law; and

 

d. Meet all requirements for retaining records and transfer to the state agency, at no cost, all public records in possession of the contractor on termination of the contract and destroy any duplicate public records that are exempt or confidential. All records stored electronically shall be provided to the state agency in a format that is compatible with the information technology systems of the state agency.

 

(6) A provision that requires the contractor and its subcontractors to maintain adequate accounting records that comply with all applicable federal and state laws and generally accepted accounting principles.

 

(7) A provision that authorizes the state agency to have access to and audit all records related to the contract and subcontracts, or any responsibilities or functions under the contract and subcontracts, for purposes of legislative oversight and a requirement for audits by a service organization pursuant to professional auditing standards, if appropriate.

 

(8) A provision that requires the contractor to interview and consider for employment with the contractor each displaced state employee who is interested in such employment.

 

(9) A contingency plan provision that describes the mechanism for continuing the operation of the service or activity, including transferring the service or activity back to the state agency or successor contractor, if the contractor fails to perform and comply with the performance standards and levels of the contract and the contract is terminated.

 

(10) A provision that requires the contractor and its subcontractors to comply with public records laws specifically to:

 

(a) Keep and maintain the public records that ordinarily and necessarily would be required by the state agency in order to perform the service or activity.

 

(b) Provide the public with access to the public records on the same terms and conditions that the state agency would provide the records.

 

(c) Ensure that records that are exempt or records that are confidential and exempt are not disclosed except as authorized by law.

 

(d) Meet all requirements for retaining records and transfer to the state agency, at no cost, all public records in possession of the contractor on termination of the contract and destroy any duplicate public records that are exempt or confidential.  All records stored electronically must be provided to the state agency in a format that is compatible with the information technology systems of the state agency.

11. A provision that addresses ownership of intellectual property. This subdivision shall not provide the specific authority needed by a state agency to obtain a copyright or trademark.

 

12. If applicable, a provision that allows the state agency to purchase from the contractor, at its depreciated value, assets used by the contractor in the performance of the contract. If assets have not depreciated, the state agency shall retain the right to negotiate to purchase at an agreed cost.

 

(11) A provision that addresses ownership of intellectual property. This paragraph does not provide the specific authority needed by a state agency to obtain a copyright or trademark.

 

(12) If applicable, a provision that allows the state agency to purchase from the contractor, at its depreciated value, assets used by the contractor in the performance of the contract. If assets have not depreciated, the state agency shall retain the right to negotiate to purchase at an agreed on cost.

§ 2.2-2699.10. Council accounting method.

The Council, by rule, shall establish an accounting method that:

 

1. Is similar to generally accepted accounting principles used by a private enterprise.

 

2. Allows an agency to identify the total actual cost of engaging in a commercial activity in a manner similar to how a private enterprise identifies the total actual cost to the private enterprise, including the following:

 

a. Labor expenses, such as compensation and benefits, costs of training, costs of paying overtime, costs of supervising labor or other personnel expenses;

 

 

b. Operating costs, such as vehicle maintenance and repair, marketing, advertising or other sales expenses, office expenses, costs of an accounting operation such as billing, insurance expenses, real estate or equipment costs, debt service costs or a proportionate amount of other overhead or capital expenses, such as vehicle depreciation and depreciation of other fixed assets;

 

c. Contract management costs; and

 

d. Other costs particular to a person supplying the goods or service.

 

3. Provides a process to estimate the taxes a state agency would pay related to engaging in a commercial activity if the state agency were required to pay federal, state and local taxes to the same extent as a private enterprise engaging in the commercial activity.

 

Section 6. {Council accounting method.}

 

The council, by rule, shall establish an accounting method that:

 

(1) Is similar to generally accepted accounting principles used by a private enterprise.

 

(2) Allows an agency to identify the total actual cost of engaging in a commercial activity in a manner similar to how a private enterprise identifies the total actual cost to the private enterprise, including the following:

 

(a) Labor expenses, such as compensation and benefits, costs of training, costs of paying overtime, costs of supervising labor or other personnel expenses.

 

(b) Operating costs, such as vehicle maintenance and repair, marketing, advertising or other sales expenses, office expenses, costs of an accounting operation such as billing, insurance expenses, real estate or equipment costs, debt service costs or a proportionate amount of other overhead or capital expenses, such as vehicle depreciation and depreciation of other fixed assets.

 

(c) Contract management costs.

 

(d) Other costs particular to a person supplying the good or service.

 

(3) Provides a process to estimate the taxes a state agency would pay related to engaging in a commercial activity if the state agency were required to pay federal, state and local taxes to the same extent as a private enterprise engaging in the commercial activity

Governor; required review of commercial activities.

 

Beginning July 1, 2011, the Governor, at least once every two fiscal years, shall select at least three commercial activities that are being performed by a state agency to be examined by the

Department of Planning and Budget.

 

 

 

§ 2.2-2699.12. Duties of the Department of Planning and Budget.

 

 

A. The Department of Planning and Budget shall:

 

1. Determine the amount of an appropriation that is no longer needed by an executive branch agency because all or a portion of the agency's provision of a good or service is privatized.

 

2. Adjust the Governor's budget recommendations to reflect the amount that is determined under subdivision 1.

 

3. Report its findings to the President of the Senate and the Speaker of the House of Delegates.

 

B. This section shall not prevent the Governor from making a budget recommendation regarding the restoration of a portion of the appropriation to a state agency that is reduced under this section.

 

 

§ 2.2-2699.13. Sunset.

The provisions of this article shall expire on July 1, 2015.

 

Section 7. {Governor; required review of commercial activities.}

 

Beginning with a fiscal year the legislature designates, the Governor, at least once every two fiscal years, shall select at least three commercial activities that are being performed by a state agency to be examined by the Governor's Office of Strategic Planning and Budgeting.

 

Section 8. {Duties of the Governor's Office of Strategic Planning and Budgeting.}

 

(A) The Governor's Office of Strategic Planning and Budgeting shall:

 

(1) Determine the amount of an appropriation that is no longer needed by an executive branch agency because all or a portion of the agency's provision of a good or service is privatized.

 

(2) Adjust the Governor's budget recommendations to reflect the amount that is determined under paragraph 1.

 

(3) Report its findings to the President of the Senate and the Speaker of the House of Representatives.

 

(B) This section does not prevent the Governor from making a budget recommendation regarding the restoration of a portion of the appropriation to a state agency that is reduced under this section.

Virginia's bill: http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB1331

 

ALEC's model legislation: http://www.alecexposed.org/w/ images/b/b4/8B4-COUNCIL_ON_EFFICIENT _GOVERNMENT_ACT_exposed.pdf

 

 

HB 2196: Government Transparency Act

This legislation, introduced by Delegate Barbara Comstock, draws on language from two similar pieces of ALEC model legislation to create a government transparency website to chronicle government expenditures. Costly tax loopholes and credits would not be included.

  • Sponsor: Delegate Comstock
  • Status: Failed

 

Virginia's Government Transparency Act

ALEC's Act Relating to Creating a Searchable Budget Database for State Spending and Transparency and Government Accountability Act

 

A. The Commonwealth of Virginia shall maintain a searchable database and structured website to facilitate citizen access to detailed, well-organized, and understandable information as described in this chapter. The website shall use nontechnical, readily understandable language, using common everyday words and avoiding words and terms of art whose usage or special meaning primarily is limited to a particular field or profession.

 

B. The data accessible through the website shall be provided (i) in a digital format that may be searched by keyword using site-provided search engines, as well as other Internet search engines, and (ii) in a machine-readable format that allows users to programmatically sift and sort the data.

C. The website shall be maintained by the Department of Planning and Budget. The Governor may designate additional agencies to provide support as necessary.

 

The State of {insert state} shall maintain an official, searchable website accessible to all citizens that affirmatively discloses all appropriate information as described in subsections (a through i).  The state website shall use a consistent website domain and present all information in "plain English".  The state website shall have an easy-to-understand interface and shall be well organized, easy to navigate and without tedious plug-in downloads. (ALEC's Transparency and Government Accountability Act)

§ 2.2-3721. Definitions.

As used in this section, unless the context requires a different meaning:

 

"Agency" means a state agency, department, office, authority, board, court, commission, bureau, division, institution, or institution of higher education. The term includes (i) individual state agencies and programs, as well as those programs and activities that cross agency lines, and (ii) all elected offices in the executive branch of government and legislature.

 

 

 

"Audit or report" shall include any audit or report issued by the Comptroller, Auditor of Public Accounts, Joint Legislative and Audit Review Commission, a legislative committee, or any executive body relating to the entity or recipient of funds or the budget program, activity, or agency.

 

 

"Department" means the Department of Planning and Budget.

 

"Entity or recipients" means (i) a corporation, (ii) an association, (iii) a union, (iv) a limited liability company, (v) a limited liability partnership, (vi) any other legal business entity including nonprofits, (vii) grantees, (viii) contractors, and (ix) a county, city, town, or other local government entity. The term shall not include an individual recipient of state assistance.

 

"Funding action or expenditure" means details on the type of state spending (grant, contract, appropriations, or other type of spending). Where possible, a hyperlink to the actual grants or contracts shall be provided. Funding action or expenditure shall include tax exemptions, subtractions, deductions, or credits.

 

 

 

"Funding source" means the state account from which the expenditure is appropriated.

 

 

"Nonstate agency" means any public or private foundation, authority, institute, museum, corporation, or similar organization that is not a unit of state government or a political subdivision of the Commonwealth as established by general law or special act.

 

 

"Shall" means the obligation or duty to perform; no discretion is granted.

 

 

 

 

 

 

(4)"Agency" means a state department, office, board commission, bureau, division, institution, or institution of higher education. This includes individual state agencies and programs, as well as those programs and activities that cross agency lines. "State agency" includes all elective offices in the Executive Branch of government and the Legislature. (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

(7) "State audit or report" shall include any audit or report issued by the [state auditor, inspector general, or comptroller], legislative auditor, legislative committee, or executive body relating to the entity or recipient of funds or the budget program/activity or agency. (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

 

 

(3) "Entity/and or recipients" means:

1. a corporation, 2. an association, 3. a union, 4. a limited liability company, 5. a limited liability partnership, 6. any other legal business entity including non-profits, 7. grantees, 8. contractors, and 9. a county, city or other local government entity. "Entity/and or recipients" does not include an individual recipient of state assistance.

 

(6) "Funding action or expenditure" shall include details on the type of spending (grant, contract, appropriations, etc.). This includes tax exemptions or credits.

Where possible, a hyperlink to the actual expenditure document (in a format that is, at a minimum, as searchable as a searchable PDF format) shall be provided. (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

(5)"Funding source" means the state account the expenditure is appropriated from.  (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

 

 

 

 

 

 

 

 

(9) "Shall" means the obligation or duty to perform; no discretion is granted. (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

§ 2.2-3722. State budget information; data included; schedule for implementation.

 

A. The website shall contain information from the state budget that is searchable by any of the following factors:

 

(i) the name and principal location or residence of the entity or recipients of funds,

 

(ii) the amount of funds expended,

 

(iii) the funding or expending agency,

 

(iv) the funding source of the revenue expended,

 

(v) the budget program or activity of the expenditure,

 

(vi) a descriptive purpose for the funding action or expenditure,

 

(vii) the expected performance outcome for the funding action or expenditure,

 

(viii) the past performance outcomes achieved for the funding action or expenditure, and

 

(ix) any state audit or report relating to the entity or recipient of funds or the budget program, activity, or agency.

 

 

 

B. Whenever possible, the website shall include hyperlinks to the recipient's website, the budget line item, and any related state audits or reports, and the schedule for any agency financial audit shall also be included.

 

 

C. The website shall also provide access to information for individual or specific appropriations or budget items relating to:

1. Disbursements by state agencies of funds deposited in the state treasury;

2. Salaries and wages including, but not limited to, compensation paid to directors or other heads of state agencies;

3. Commodities including, but not limited to, amounts paid to the entity or recipients;

4. Capital outlay including, but not limited to, amounts paid to the entity or recipients;

5. Bond debt payments;

6. Debt service including, but not limited to, amounts of bond interest paid and sources of funds paid for individual bond issues;

7. Capital improvements including, but not limited to, amounts of bond principal paid and sources of funds paid for individual bond issues;

8. Aid or grants to nonstate agencies or nonprofit organizations including the contact information for the individual responsible for oversight;

9. Aid to counties, cities, towns, or other local government entities including, but not limited to, individually identifiable aid programs; and

10. Other assistance and benefits.

 

"Searchable budget database website" means a website that allows the public at no cost to

 

(1) search and aggregate information for the following:

 

 

1. The name and principal location or residence of the entity/and or recipients of funds,

 

2. the amount of funds expended,

 

3. the funding or expending agency,

 

4. the funding source of the revenue expended,

 

5. the budget program/activity of the expenditure,

 

6. a descriptive purpose for the funding action or expenditure,

 

7. the expected performance outcome for the funding action or expenditure,

 

8. the past performance outcomes achieved for the funding action or expenditure,

 

9. any state audit or report relating to the entity or recipient of funds or the budget program/activity or agency, (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

D. The website shall also provide for users to search and aggregate information for:

1. Receipts or deposits by any state agency into the general fund and other funds established under law;

2. General fund or nongeneral fund taxes or fees including, but not limited to, compulsory contributions imposed by the state for the purpose of financing services;

3. State agency earnings including, but not limited to, amounts collected by each state agency for merchandise sold, services performed, licenses and permits issued, or regulation;

4. Revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of state-owned money and property;

5. Gifts, donations, and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity;

6. Other revenue including, but not limited to, receipts not classified elsewhere;

7. Nonrevenue receipts including, but not limited to, all receipts that do not constitute reportable revenue; and

8. Annual bonded indebtedness, which shall include, but not be limited to, the amount of the total original obligation stated in terms of principal and interest, the term of the obligation, the source of funding for repayment of the obligation, the amounts of principal and interest previously paid to reduce the obligation, the balance remaining of the obligation, any refinancing of the obligation, and the cited statutory authority to issue such bonds.

 

 

 

 

 

E. By July 1, 2012, the Department shall develop and make publicly available a single, searchable budget database website, which shall include the data required under this section in the appropriation acts passed by the 2011 and 2012 Sessions of the General Assembly covering appropriations for the period July 1, 2011, through June 30, 2013.

 

Searchable Budget Database Website Created

 

By January 1, 20xx, the Director shall develop and make publicly available a single, searchable budget database website including the required data for the [most recent state budget]. The website shall be given a unique and simplified website address. Each state agency that maintains a generally accessible Internet site or for which a generally accessible Internet site is maintained shall include a link on the front page of the agency's Internet site to the budget database website.  (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

F. Effective January 1, 2013, budget information contained on the website shall be updated for each fiscal year not later than 30 days after the close of the fiscal year. In addition, the Department may update the searchable budget database website as new data becomes available. All state agencies shall provide to the Department all data required to be included in the searchable budget database website not later than 30 days after the data becomes available to the agency and shall cooperate with the Department to the fullest extent. The Department shall provide guidance to agency heads to ensure compliance with this section.

 

G. By July 1, 2014, the Department shall add data for biennial appropriation acts that appropriated the revenues of the Commonwealth for periods prior to July 1, 2011, to the searchable budget database website. The Department shall ensure that all data added to the searchable budget database website remains accessible to the public for a minimum of 10 years.

 

Updates

 

The Director shall provide guidance to agency heads to ensure compliance with this section. "Effective xxx, the searchable budget database website shall be updated as new data becomes available, if feasible, but no later than 30 days upon receipt of data from the agency." (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

 

 

 

 

 

By January 1, 20xx, the Director shall add data for the [previous budgets] to the searchable budget database website. Data for previous fiscal years may be added as available and time permits. The Director shall ensure that all data added to the searchable budget database website remains accessible to the public for a minimum of ten years. (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

 

H. For purposes of reporting information and implementing the database pursuant to this section, the Department shall include all appropriated funds and other sources under the control of state-supported institutions of higher education, except for the activity of private gifts, including endowment funds and unrestricted gifts referenced in § 23-9.2. The exclusion of this activity shall not affect the public access to these records unless otherwise specifically exempted by law.

 

I. The Department shall not be considered in compliance with this section if the data required for the searchable budget database website is not available in a searchable and aggregate manner or the public is redirected to other government websites, unless each of those sites has information from all agencies and each category of information required can be searched electronically by field in a single search.

 

J. To facilitate citizen accessibility to the budget information required by this section, the Department shall develop a citizen access guide to enable citizens at any level of previous knowledge to read and understand the state budget.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Compliance with Act

 

The Director shall not be considered in compliance with this act if the data required for the searchable budget database website is not available in a searchable and aggregate manner and/or the public is redirected to other government websites, unless each of those sites has information from all agencies and each category of information required can be searched electronically by field in a single search. (ALEC's Act Relating to Creating a Searchable Budget Database for State Spending)

§ 2.2-3723. Additional financial information; check registers.

The website shall provide access to agency check registers and include

(i) The amount of the payment,

(ii) Date of the payment,

(iii) The check number,

(iv) The name and address of the person receiving the payment,

(v) The purpose of the payment,

(vi) The budgetary authority for the expenditure,

(vii) The functional expenditure category,

(viii) The source of the funds, and

(ix) Links to the relevant contracts that provided for the payments.

 

2. A check register including:

 

 

 

1. The amount of the payment

2. Date

3. Check number

4. To whom the payment was made (including the address)

5. What it was for

6. Budgetary authority for the expenditure

7. Functional expenditure category

8. Sources of funds

9. Links to the relevant contracts under which the payment was made (ALEC's Transparency and Government Accountability Act)

 

§ 2.2-3724. Procurement data.

The website shall provide access to laws, regulations, and policies governing the procurement of goods and services and bids and contracts for all purchases over $10,000, and a hyperlink to the state's electronic procurement site shall also be included.

 

(D) Contract information, including:

 

1. Rules governing contracts

2. Bids and contracts for purchases over $10,000
3. Vendor campaign contributions and the vendor contract (ALEC's Transparency and Government Accountability Act)

 

§ 2.2-3725. Elected and appointed officials; lobbyist disclosure; conflict of interest statutes.

A. The website shall contain contact information for all statewide elected and appointed officials and information on the (i) term of office or appointment; (ii) date of the next election, if applicable; (iii) voting record, committee appointments, and party affiliation of the elected officials; and (iv) governing board for the appointed officials.

 

 

 

B. Access from the website shall be provided to:

1. The database of lobbyists registered with the Secretary of the Commonwealth pursuant to § 2.2-422;

2. Lobbyist disclosure statements filed pursuant to § 2.2-426;

3. Financial disclosure statements filed by state officials and employees as required by the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.);

4. Financial disclosure statements filed by state officials and employees as required by the General Assembly Conflicts of Interests Act (§ 30-100 et seq.); and

5. Contact information for the person designated by each state public body to (i) assist a requester in making a request for records or (ii) respond to requests for public records under the Freedom of Information Act (§ 2.2-3700 et seq.).

 

 

 

 

 

(C) Administrative official information, including:

 

1. Contact information for all appointed administrators

2. Terms of office

3. Governing boards and by laws for agencies

4. Party Affiliation

5. Conflict of interest rules (ALEC's Transparency and Government Accountability Act)

 

 

(E) Lobbying information, including:                                                           

 

1. Disclosure of state-paid lobbying activity

2. Database of registered lobbyists

3. Agency lobbying contracts

4. All grants given to non-profit organizations, reason for the grant and a contact in the organization responsible for oversight (ALEC's Transparency and Government Accountability Act)

Virginia's bill: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB2196

 

ALEC's model legislation: http://www.alecexposed.org/w/ images/8/89/8F5-Taxpayer _Transparency_Act_Exposed.pdf

 

http://www.alecexposed.org/w/ images/4/4a/8F8-The_Transparency_and_Government _Accountability_Act_Exposed.pdf

 

 

---

SB 585: Searchable budget database website

Similar to Delegate Comstock's Government Transparency proposal, in 2008, now-Attorney General Ken Cuccinelli introduced legislation to create a searchable budget database website. Like Delegate Comstock's legislation, this bill only calls for disclosure of expenditures and excludes costly tax credits and loopholes.

  • Sponsors: Senators Cuccinelli, Hurt, Martin, Newman, Obenshain, Petersen, Smith, Vogel and Wagner 
  • Status: Failed

 

Virginia's Searchable budget database website bill

ALEC's Act Relating to Creating a Searchable Budget Database for State Spending

 

§ 2.2-1501.1. Department to maintain a searchable budget database website.

As used in this section, the term or phrase:

 

"Agency" means a state agency, department, office, authority, board, court, commission, bureau, division, institution, or institution of higher education. The term includes (i) individual state agencies and programs, as well as those programs and activities that cross agency lines, and (ii) all elective offices in the executive branch of government and legislature.

 

 

"Entity or recipients" means (i) a corporation, (ii) an association, (iii) a union, (iv) a limited liability company, (v) a limited liability partnership, (vi) any other legal business entity including non-profits, (vii) grantees, (viii) contractors, and (ix) a county, city, town, or other local government entity. The term shall not include an individual recipient of state assistance.

 

"Funding action or expenditure" means details on the type of state spending (grant, contract, appropriations, etc.). Where possible, a hyperlink to the actual grants or contracts shall be provided by the Director. Funding action or expenditure shall include tax exemptions, subtractions, deductions, or credits.

 

"Funding source" means the state account the expenditure is appropriated from.

 

"Searchable budget database website" means a website that allows the public at no cost to search and aggregate information for individual or specific appropriations or budget items as follows:

 

 

 

 

 

(4)"Agency" means a state department, office, board commission, bureau, division, institution, or institution of higher education. This includes individual state agencies and programs, as well as those programs and activities that cross agency lines. "State agency" includes all elective offices in the Executive Branch of government and the Legislature.

 

 

(3) "Entity/and or recipients" means:

1. a corporation, 2. an association, 3. a union, 4. a limited liability company, 5. a limited liability partnership, 6. any other legal business entity including non-profits, 7. grantees, 8. contractors, and 9. a county, city or other local government entity. "Entity/and or recipients" does not include an individual recipient of state assistance.

 

(6) "Funding action or expenditure" shall include details on the type of spending (grant, contract, appropriations, etc.). This includes tax exemptions or credits.

Where possible, a hyperlink to the actual expenditure document (in a format that is, at a minimum, as searchable as a searchable PDF format) shall be provided.

 

(5)"Funding source" means the state account the expenditure is appropriated from. 

 

"Searchable budget database website" means a website that allows the public at no cost to (1) search and aggregate information for the following:

 

 

 

1. the name and principal location or residence of the entity or recipients of funds;

 

2. the amount of funds expended;

 

3. the funding or expending agency;

 

4. the funding source of the revenue

expended;

 

5. the budget program/activity of the expenditure;

 

6. a descriptive purpose for the funding action or expenditure;

 

7. the expected performance outcome for the funding action or expenditure;

 

8. the past performance outcomes achieved for the funding action or expenditure;

 

9. any state audit or report relating to the entity or recipient of funds or the budget program/activity or agency; and

 

10. any other relevant information specified by the Department.

 

1. the name and principal location or residence of the entity/and or

recipients of funds,

 

2. the amount of funds expended,

 

3. the funding or expending agency,

 

4. the funding source of the revenue expended,

 

5. the budget program/activity of the expenditure,

 

6. a descriptive purpose for the funding action or expenditure,

 

7. the expected performance outcome for the funding action or expenditure,

 

8. the past performance outcomes achieved for the funding action or expenditure,

 

9. any state audit or report relating to the entity or recipient of funds or the budget program/activity or agency,

 

10. and any other relevant information specified by the [state budget office]

The searchable budget database website shall also include information for individual or specific appropriations or budget items relating to:

1. disbursements by state agencies of funds deposited in the state treasury;

2. bond debt payments;

3. salaries and wages including, but not limited to, compensation paid to directors or other heads of state agencies;

4. commodities including, but not limited to, amounts paid to the entity or recipients;

5. capital outlay including, but not limited to, amounts paid to the entity or recipients;

6. debt service including, but not limited to, amounts of bond interest paid and sources of funds paid for individual bond issues;

7. aid to counties, cities, towns, or other local government entities including, but not limited to, for individually identifiable aid programs;

8. other assistance and benefits; and

9. capital improvements including, but not limited to, amounts of bond principal paid and sources of funds paid for individual bond issues.

The searchable budget database website shall also allow the public at no cost to search and aggregate information for:

1. receipts or deposits by any state agency into the general fund and other funds established under law;

2. general fund or nongeneral fund taxes or fees including, but not limited to, compulsory contributions imposed by the state for the purpose of financing services;

3. state agency earnings including, but not limited to, amounts collected by each state agency for merchandise sold, services performed, licenses and permits issued, or regulation;

4. revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of state-owned money and property;

5. gifts, donations, and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity;

6. other revenue including, but not limited to, receipts not classified elsewhere;

7. non-revenue receipts including, but not limited to, all receipts that do not constitute reportable revenue; and

8. annual bonded indebtedness which shall include, but not be limited to, the amount of the total original obligation stated in terms of principal and interest, the term of the obligation, the source of funding for repayment of the obligation, the amounts of principal and interest previously paid to reduce the obligation, the balance remaining of the obligation, any refinancing of the obligation, and the cited statutory authority to issue such bonds.

 

 

"Shall" means the obligation or duty to perform; no discretion is granted.

 

"State audit or report" shall include any audit or report issued by the Comptroller, Auditor of Public Accounts, Joint Legislative and Audit Review Commission, a legislative committee, or any executive body relating to the entity or recipient of funds or the budget program/activity or agency.

 

(9) "Shall" means the obligation or duty to perform; no discretion is granted.

 

(7) "State audit or report" shall include any audit or report issued by the [state auditor, inspector general, or comptroller], legislative auditor, legislative committee, or executive body relating to the entity or recipient of funds or the budget program/activity or agency.

 

 

 

 

 

 

B. By July 1, 2009, the Director shall develop and make publicly available a single, searchable budget database website, which shall include the data required under this section in the appropriation acts passed by the 2008 and 2009 Sessions of the General Assembly covering appropriations for the period July 1, 2008, through June 30, 2010.

 

 

 

 

C. Effective January 1, 2010, the searchable budget database website shall be updated for each fiscal year not later than 30 days following the close of the fiscal year. In addition, the Director may update the searchable budget database website as new data becomes available. All state agencies shall provide to the Director all data that is required to be included in the searchable budget database website not later than 30 days after the data becomes available to the agency, and shall cooperate with him to the fullest extent. The Director shall provide guidance to agency heads to ensure compliance with this section.

 

By July 1, 2011, the Director shall add data for biennial appropriation acts that appropriated the revenues of the Commonwealth for periods prior to July 1, 2008, to the searchable budget database website. The Director shall ensure that all data added to the searchable budget database website remains accessible to the public for a minimum of 10 years.

 

Searchable Budget Database Website Created

 

By January 1, 20xx, the Director shall develop and make publicly available a single, searchable budget database website including the required data for the [most recent state budget]. The website shall be given a unique and simplified website address. Each state agency that maintains a generally accessible Internet site or for which a generally accessible Internet site is maintained shall include a link on the front page of the agency's Internet site to the budget database website.

 

Updates

 

The Director shall provide guidance to agency heads to ensure compliance with this section. "Effective xxx, the searchable budget database website shall be updated as new data becomes available, if feasible, but no later than 30 days upon receipt of data from the agency."

 

 

 

 

 

 

 

 

 

 

By January 1, 20xx, the Director shall add data for the [previous budgets] to the searchable budget database website. Data for previous fiscal years may be added as available and time permits. The Director shall ensure that all data added to the searchable budget database website remains accessible to the public for a minimum of ten years.

D. For purposes of reporting information and implementing the database pursuant to this section, the Director shall include all appropriated funds and other sources under the control of state-supported institutions of higher education, except for the activity of private gifts, including endowment funds and unrestricted gifts referenced in § 23-9.2. The exclusion of this activity shall not affect the public access to these records unless otherwise specifically exempted by law.

 

E. In maintaining the searchable database, the Director shall work with and coordinate his efforts with the Auditor of Public Accounts and the Joint Legislative Audit and Review Commission in obtaining, summarizing, and compiling the information to avoid duplication of efforts, including avoiding duplication of the data or other information maintained in the database required pursuant to subsection H of § 30-133.

 

F. The Director shall not be considered in compliance with this section if the data required for the searchable budget database website is not available in a searchable and aggregate manner or the public is redirected to other government websites, unless each of those sites has information from all agencies and each category of information required can be searched electronically by field in a single search.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Compliance with Act

 

The Director shall not be considered in compliance with this act if the data required for the searchable budget database website is not available in a searchable and aggregate manner and/or the public is redirected to other government websites, unless each of those sites has information from all agencies and each category of information required can be searched electronically by field in a single search.

Virginia's bill: http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+SB585

 

ALEC's model legislation: http://www.alecexposed.org/w/ images/8/89/8F5-Taxpayer _Transparency_Act_Exposed.pdf