Chapter 172

2006 -- H 6779 SUBSTITUTE A

Enacted 06/23/06

 

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS --

GOVERNMENT OVERSIGHT AND FISCAL ACCOUNTABILITY REVIEW ACT

     

     

     Introduced By: Representatives Corvese, Schadone, Moura, Lewiss, and San Bento

     Date Introduced: January 11, 2006

 

   

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 37 of the General Laws entitled "Public Property and Works" is

hereby amended by adding thereto the following chapter:

 

     CHAPTER 2.3

GOVERNMENT OVERSIGHT AND FISCAL ACCOUNTABILITY REVIEW ACT

 

     37-2.3-1. Short title. – This chapter shall be known and may be cited as the

"Government Oversight and Fiscal Accountability Review Act."

 

     37-2.3-2. Legislative intent. – The legislature finds and declares that using private

contractors to provide public services normally provided by public employees does not always

promote the public interest. To ensure that citizens of this state receive high quality public

services at low costs, with due regard for the taxpayers of this state, and the service recipients,

the legislature finds it necessary to ensure that access to public information guaranteed by the

access to public records act is not in any way hindered by the fact that public services are

provided by private contractors.

 

     37-2.3-3. Definitions. – As used in this chapter, the following terms shall have the

following meanings:

     (1) "Agency" includes any executive office, department, division, board, commission, or

other office or officer in the executive branch of the government.

     (2) "Private contractor employee" includes a worker directly employed by a private

contractor, as defined in this section, as well as an employee of a subcontractor or an independent

contractor that provides supplies or services to a private contractor.

     (3) "Services" includes, with respect to a private contractor, all aspects of the provision of

services provided by a private contractor pursuant to a privatization contract, or any services

provided by a subcontractor of a private contractor.

     (4) "Person" includes an individual, institution, federal, state, or local governmental

entity, or any other public or private entity.

     (5) "Privatization contract" is an agreement or combination or series of agreements by

which a nongovernmental person or entity agrees with an agency to provide services, valued at

one hundred thousand dollars ($100,000) or more, which are substantially similar to and in lieu

of, services heretofore provided, in whole or in part, by regular employees of an agency.

     (6) "Privatization contractor" is any contractor, consultant, subcontractor, independent

contractor or private business owner that contracts with a state agency to perform services which

are substantially similar to and in lieu of services heretofore provided, in whole or in part, by

employees of an agency.

 

     37-2.3-4. Fiscal monitoring of privatization contracts. – Each private contractor shall

file a copy of each executed subcontract or amendment to the subcontract with the agency, which

shall maintain the subcontract or amendment as a public record, as defined in the access to public

records act.

     (1) Audits. Privatization contracts shall be subject to audit or review, as defined by the

American Institute of Certified Public Accountants, by the office of the auditor general at the

discretion of the auditor general. Any audit or review shall be conducted in compliance with

generally accepted auditing standards.

     (2) Access. All privatization contracts shall include a contract provision specifying

language that provides public access to the complete contract.

     (3) Fiscal accountability. As part of the budgetary process, each state agency shall

provide an addendum to their submitted budget request listing all privatization contracts; the

name of each contractor, subcontractor, duration of the contract provided and services provided;

the total cost of each contract(s) for the prior year; and the projected number of privatization

service contracts for the current and upcoming year, the total cost of each contract(s) for the prior

year; the estimated costs of each contract(s) for the current and upcoming year. The addendum

for each agency shall also contain a summary of contracted private contractor employees for each

contract, reflected as full-time equivalent positions, their hourly wage rate, and the number of

private contractor employees and consultants for the current and previous fiscal year. The

addendums shall be open records.

 

     SECTION 2. Section 42-90-1 of the General Laws in Chapter 42-90 entitled "Disclosure

of Names of State Government Consultants" is hereby amended to read as follows:

 

     42-90-1. Public disclosure required. -- (a) All departments, commissions, boards,

councils, and other agencies in the government of the state shall prepare and submit to the

secretary of state quarterly a list containing:

      (1) The name of any person who performed legal, medical, accounting, engineering, or

any other professional, technical or consultant service to the department, commission, board,

council, or agency on a contractual basis during the previous quarter; and

      (2) The amount of compensation received by each consultant during the previous

quarter.

     (b) All departments, commissions, boards, councils and other agencies in the government

of the state shall prepare and submit to the secretary of state on an annual basis a contracting

report containing:

     (1) copies of all contracts or agreements by which a nongovernmental person or entity

agrees with the department, commission board, council or agency to provide services, valued at

one hundred thousand dollars ($100,000) or more, which are substantially similar to and in lieu of

services heretofore provided, in whole or in part, by regular employees of the department,

commission, board, council or agency; and

     (2) a budget analysis of each contract reported pursuant to subsection 42-90-1(b)

containing the cost of each contract for the prior, current and next year; and the number of private

contractor employees reflected as full-time equivalent positions with their hourly wage rate, and

costs of benefits for each job classification for the current and previous year.

      (b) (c) The secretary of state shall compile, publish, and make available for public

inspection all lists and contracting reports prepared in accordance with this chapter.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC00292/SUB A

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