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an effort to create searchable online databases for government expenditures

a tool to highlight the hypocrisy of tax hikers

Constitutional or statutory requirement to rein in growth of revenues end expenditures

a commitment made by elected officials and candidates for elected office never to raise taxes

Raising the bar for tax increases

Requiring a cool-off period for all bills with a fiscal impact

pork-barrel spending - the broken windows of the budget

Model Legislation

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 Model Language and Examples from the States

 

Spending Transparency (State)

Spending Transparency (Local)

Tax Me More Fund

Budget Review Cooloff

Supermajority Requirements

Tax and Expenditure Limitation

 


 

An Act Relating to Creating a Searchable Budget Database for State Spending

Model Language – provided by the American Legislative Exchange Council (ALEC)
click here for a pdf version

For more information contact:
Jonathan Williams, director, Tax and Fiscal Policy Task Force, ALEC at jwilliams@ALEC.ORG or
Sandra Fabry, executive director of the Center for Fiscal Accountabilty at sfabry@atr.org
 
 
Intent Section

The Legislature finds that taxpayers should be able to easily access the details on how the state is spending their tax dollars and what performance results are achieved for those expenditures. It is the intent of the Legislature, therefore, to direct the [state budget office] to create and maintain a searchable budget database website detailing where, for what purpose and what results are achieved for all taxpayer investments in state government.

Short Title

This Act shall be known and may be cited as the “Taxpayer Transparency Act.”
 
Definitions

(1) “Searchable budget database website” means a website that allows the public at no cost to search and aggregate information for the following:
a.    the name and principal location or residence of the entity/and or recipients of funds,
b.    the amount of funds expended,
c.    the funding or expending agency,
d.    the funding source of the revenue expended,
e.    the budget program/activity of the expenditure,
f.     a descriptive purpose for the funding action or expenditure,
g.    the expected performance outcome for the funding action or expenditure,
h.    the past performance outcomes achieved for the funding action or expenditure,
i.     any state audit or report relating to the entity or recipient of funds or the budget program/activity or
       agency,
j.    and any other relevant information specified by the [state budget office].

(2) “Entity/and or recipients” means:
a.    a corporation,
b.    an association,
c.    a union,
d.    a limited liability company,
e.    a limited liability partnership,
f.    any other legal business entity including non-profits,
g.    grantees,
h.    contractors, and
i.    a county, city or other local government entity.
“Entity/and or recipients” does not include an individual recipient of state assistance.

(3) “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.

(4) “Funding source” means the state account the expenditure is appropriated from.

(5) “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 grants or contracts shall be provided.

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

(7) “Director” means the Director of the [state budget office].

(8) “Shall” means the obligation or duty to perform; no discretion is granted.

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].

Updates

Effective July 1, 20xx, 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. The Director shall provide guidance to agency heads to ensure compliance with this section.

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.

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.
 


 

RESOLUTION ESTABLISHING THE GOVERNMENT ACCOUNTABILITY IN SPENDING PROGRAM (G.A.S.P.) IN HAMILTON COUNTY, OHIO

(a good example of a local spending transparency measure)


WHEREAS, it is the desire of the Hamilton County Board of Commissioners to increase transparency within County government, contribute to the more efficient operation of County government, and improve accountability in the expenditure of taxpayer dollars; and

WHEREAS, the Board of Commissioners recognizes that ultimately, increasing taxpayer awareness will help to combat fraud, waste, and abuse, and will likely result in cost savings; and

WHEREAS, the Board of Commissioners recognizes the need to embrace and fully utlilize technological improvements to keep the County on the cutting edge of government innovation; and

WHEREAS, similar efforts to improve transparency are being made throughout the country at both the federal and state levels, including the Federal Funding Accountability and Transparency Act, co-sponsored by Senators Barack Obama and Tom Coburn; and

WHEREAS, Hamilton County Auditor Dusty Rhodes has already done a substantial amount of work to increase transparency by making his office’s expenditures publicly available through the Auditor’s website.

NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Hamilton County, Ohio that County Administration be directed to implement the G.A.S.P. to allow taxpayers to easily access clear and concise information on how their tax dollars are being spent.

BE IT FURTHER RESOLVED, that the G.A.S.P.’s objectives shall be:       

1)  That there shall be established a single, easily accessible website that allows the public to search and aggregate information on the expenditure of all appropriated or non-appropriated funds by any County department or agency. 

2)  That expenditures subject to search shall also include any check, electronic fund transfer, purchase order, direct voucher, grant, leasehold, contract, and subcontract.  Transfers between County agencies, payroll information and state or federal assistance to individuals shall be excluded.

3)  That the information provided to the public shall include, but not be limited to: the name and principal location of the recipients of the funds, the amount of funds expended, the type of transaction, the funding or expending agency, the budget program source, and a descriptive purpose of the funding action or expenditure. 

4)  That taxpayers should have the ability to make electronic and telephone inquiries on the items contained in the database.  Questions and comments should be directed to a designated person in the Office of Budget and Strategic Initiatives.

5)  That a mechanism should be developed to link expenditures associated with contracts or subcontracts to the actual language of those contracts.

6)  That the County will endeavor to develop the system in the form of an open application programming interface that allows citizens to search the data provided and organize the data on their own.


BE IT FURTHER RESOLVED, that the website must be operational by August 1, 2008; that information shall be added incrementally with the first categories of information to include spending in the Commissioners and County Administrator’s offices and the Banks project; that the website shall include all required current areas of expenditure by January 1, 2009; and that until the website is fully implemented, reports shall be made at Staff Meetings to the Board of Commissioners no less frequently than once a month on the program’s progress.

BE IT FURTHER RESOLVED, that nothing in this resolution shall require the disclosure of information which is considered confidential by state or federal law.

BE IT FURTHER RESOLVED, that the Administration is directed to work with County Auditor Dusty Rhodes in developing this website to build on the substantial progress the Auditor’s office has already made in making expenditures within the Auditors office publicly available on the internet.

BE IT FURTHER RESOLVED, that the Clerk of the Board be and is hereby authorized and directed to certify copies of this resolution to Hamilton County Administrator Patrick Thompson, all County elected officials, and all County department heads.

ADOPTED at a regularly adjourned meeting of the Board of County Commissioners, Hamilton County, Ohio, this ____ day of _______, 2008.




Mr. DeWine________    Mr. Portune________        Mr. Pepper________



IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the Office of the Board of County Commissioners, Hamilton County, Ohio this ____ day of ______, 2008.




 

 

An Act Establishing a “Tax Me More Fund:”

Model Language provided by Americans for Tax Reform

 
AN ACT

To amend chapter X, by adding thereto one new section relating to the tax me more voluntary fund.

Be it enacted by the General Assembly of the State of Y, as follows:
Section A. Chapter X, is amended by adding thereto one new
section, to be known as section Z, to read as follows:
 
Recognizing that there are individuals who believe that they are under-taxed and that advocate a greater tax burden for state residents, it is hereby the declared policy of this state to provide such individuals with the opportunity to contribute more of their income to state government.

There is hereby created in the state treasury the "Tax-Me-More Voluntary Fund", which shall consist of money received from contributions, donations, gifts, bequests, grants, or other sources granted or given for this fund. 

Additionally, a line shall be added to the individual income tax form to allow any person who believes he or she is under-taxed to contribute any amount of money such person so chooses to the fund. The state treasurer shall be custodian of the fund and shall approve disbursements from the fund.

Upon appropriation, money in the fund shall be used solely for the administration of this section.

Any moneys remaining in the fund at the end of the fiscal year shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

 


 

 

An Act Relating to Requiring a 72-Hour Budget “Timeout” Prior to Hearings or Votes on Appropriation and Revenue Bills

Model Language – provided by the American Legislative Exchange Council (ALEC)
Click here for a pdf version

For more information contact:
Jonathan Williams, director, Tax and Fiscal Policy Task Force, ALEC at jwilliams@ALEC.ORG
Sandra Fabry, executive director of the Center for Fiscal Accountabilty at sfabry@atr.org
 
Intent Section

The Legislature finds that public participation in the legislative process improves the quality of proposed legislation by allowing the opportunity for its detailed review by interested parties. The opportunity for a detailed review by the public prior to hearings or votes on legislation helps increase public trust in government and enhances respect for the Legislature by ensuring that its operation is conducted with the openness, order, and dignity befitting [insert state]. It is the intent of the Legislature, therefore, to prohibit hearings or votes on appropriation and/or revenue related bills until 72 hours after the bill’s public introduction.

Short Title

This Act shall be known and may be cited as the “72-Hour Budget Review Act.”

Definitions

(1) “Appropriation related bill” means any bill authorizing an appropriation of funds for state operating, capital or transportation expenses.

(2) “Revenue related bill” means any bill raising revenue for operating, capital or transportation expenses.

(3) “Amendment” means any proposed change in a bill.

(4) “Striking amendment” means any amendment removing everything after the title of a bill and inserting a whole new bill.

(5) “Publicly available” means posting a bill on the Legislature’s website and its publication in a bill report, committee report, and/or conference report.

(6) “Shall” means the obligation or duty to perform; no discretion is granted.

Hearings or votes prohibited for 72 hours
Hearings or votes on appropriation and/or revenue related bills shall be prohibited until 72 hours after the bill is made publicly available. The 72-hour time period excludes Saturdays, Sundays and holidays except when the legislative body considering the bill is in session on such a day.

Amendments

Amendments offered to appropriation and/or revenue related bills shall not be considered in order unless made publicly available 24 hours prior to any vote. The 24-hour time period excludes Saturdays, Sundays and holidays except when the legislative body considering the bill is in session on such a day.

Striking amendments shall not be considered in order unless made publicly available 48 hours prior to any vote. The 48-hour time period excludes Saturdays, Sundays and holidays except when the legislative body considering the bill is in session on such a day.

Act’s applicability to multiple stages of bill consideration
The time sensitive prohibitions of this Act shall apply each time a new version of an appropriation and/or revenue related bill is considered. This includes consideration of conference recommendations.

Exemptions

The time sensitive prohibitions of this Act for hearings or votes shall be waived upon a two-thirds vote of the full committee or legislative body considering the appropriation and/or revenue related bill. For bills adopted utilizing this exemption, the following section shall be added to the text of the bill and the bill report:

“The (insert legislative body/committee) has waived the people’s right for a detailed review of this bill as required by the ‘72-Hour Budget Review Act.’”

 


 

Supermajority Act

Model Legislation by the American Legislative Exchange Council (ALEC) available upon request.

 

 


 

Tax and Expenditure Limitation Act

Model Legislation by the American Legislative Exchange Council (ALEC) available upon request.

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