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State Government Spending Transparency
[2008] [2007]
2007 Signed Legislation
Hawaii :
HB 122, sponsored by Rep. Marcus Oshiro (D- Wahiawa) requires the department of budget and finance to create and maintain a free, single website disclosing relevant information on state grants and contracts. The bill has a $25,000 threshold for disclosure, and before 2009 does not include credit card transactions.
http://www.capitol.hawaii.gov/sessioncurrent/Bills/HB122_HD1_.htm
Both houses passed a version of the bill that was agreed on in a conference committee on May 1, 2007. The bill became law without Gov. Linda Lingle's (R) signature.
Kansas :
HB 2457, the Taxpayer Transparency Act sponsored by Rep. Kasha Kelley (R-Arkansas City), mandates the creation of a website that will disclose comprehensive state revenue and expenditure information, including annual expenditures such as disbursements by state agencies from funds in the state treasury, salaries and wages including compensation paid to individual state employees, contractual services, capital outlays and commodities including amounts paid to individual vendors.
Please note that you will no longer be able to access the text of the Taxpayer Transparency Act under HB 2457 on the KS legislature website, since the senate stripped the transparency language and replaced it with unrelated content. For your convenience, you can access it here: http://www.atr.org/content/pdf/2007/sept/ot-ks-trnsp_hb2457.pdf
Status : On March 1, 2008 the website was launched and it is now up and running. Kansas taxpayers now have a tool to track their tax dollars at a mouse click at www.kansas.gov/kanview
Minnesota :
HF 376 sponsored by Rep. Erik Paulsen (R-Eden Prairie) initially had no dollar threshold for disclosure and would have required retroactive disclosure of grants and contracts going back to FY2000. http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0376.0.html&session=ls85
The bill was included in the omnibus state government finance bill which passed the legislature and was sent to Gov. Pawlenty on May 4 th . Gov. Pawlenty only line-item-vetoed two provisions of the omnibus, so that the transparency provision went into effect January 2008. The final version was modified to include a $25,000 minimum threshold for disclosure.
Oklahoma :
U.S. Sen. Tom Coburn (R-OK) and Brandon Dutcher, vice president for policy at the Oklahoma Council of Public Affairs, immediately after passage of the federal legislation began beating the drum for an Oklahoma spending website modeled after the federal version.
Taxpayer Protection Caucus Chair Sen. Randy Brogdon (R-Owasso) sponsored SB 1 which requires the creation of a website , detailing relevant information on government grants, contracts, subcontracts, tax refunds, rebates or credits, and expenditures from the Constitutional Reserve Fund. The website launched on December 28, 2007 and is accessible at www.openbooks.ok.gov .
http://webserver1.lsb.state.ok.us/2007-08bills/SB/SB1_ENGR.RTF
Texas :
HB3430, sponsored by Rep. Mark Strama (D-Austin) passed the legislature unanimously (house vote on 4/30/2007 , senate vote on 5/23/07), and was signed into law by Gov. Perry on June 15, 2007.
HB 3430 mandates the creation of a searchable database for state expenditures including grants and contracts. Taxpayers would be able to access, search, aggregate and download all relevant information free of charge. In addition, each state agency that maintains a generally accessible Internet site, shall include a link on the agency's Internet site to the database.
The website can be accessed at: http://www.window.state.tx.us/comptrol/expendlist/cashdrill.php
The bill is a merged version of the following individual bills:
HB42 by Rep. Ken Paxton (R-McKinney) would create a database of all state contracts.
HB640 by Rep. Bryan Hughes (R-Minneola) would require the online posting of expenditures by state agencies.
HB1007 by Rep. Corbin van Arsdale (R-Tomball) would require the online disclosure of state grant information.
2007 Executive Orders
Florida :
On January 3, 2007, Gov. Charlie Crist (R) issued Executive Order 07-01 , creating the “Office of Open Government” charged with “providing the Office of the Governor and each of the executive agencies under his purview with the guidance and tools to serve Florida with integrity and transparency.”
Primary functions:
• (1) to assure full and expeditious compliance with Florida's open government/public records laws, (2) to provide training to all executive agencies on transparency and accountability.
• The Office will also have primary responsibility for ensuring that the Office of the Governor complies with public records requests in an expeditious manner.
On June 19, Gov. Crist issued Executive Order Number 07-107 , appointing the nine-member Commission on Open Government to review and evaluate the public's right of access to government meetings and records.
On November 15, the governor issued Executive Order 07-242 , which requires each agency to post on their website an Open Government Bill of Rights to facilitate easier access to public documents and meetings.
Additionally, per Gov. Crist's request, state agency websites will be linking to a website that will facilitate the process of accessing these documents. Gov. Crist subsequently announced a new partnership between the State of Florida and Google Inc.
Missouri :
On July 11, 2007 Gov. Matt Blunt (R) signed Executive Order 7-24 creating the Missouri Accountability Portal (MAP). MAP can be accessed at: http://mapyourtaxes.mo.gov , and allows taxpayers to search expenditures both by broad categories and by specific businesses and individuals.
Since October 1, 2007, MAP also includes information on tax credits, and since January 1, 2008, taxpayers can access information on state employee salaries on the website.
South Carolina :
On August 30, 2007 Gov. Mark Sanford (R) issued Executive Order 2007-14 , mandating the creation of a single searchable website for state expenditures including, but not limited to, grants, contracts and subcontracts.
Furthermore, each agency is required to establish a searchable website on its own webpage for specific agency expenditures, such as travel, office supplies and contractual expenditures of $100 and over.
Status : The website launched on 03/03/08 and is accessible at https://ssl.sc.gov/SpendingTransparency .
Texas :
Gov. Rick Perry (R) made government spending transparency a component of his “Five-Point Budget Reform Plan” and, at the end of January 2007, proposed requiring all state agencies to publish expenditures online in a clear and consistent format.
To lead by example, the governor has made his office's expenditures available to view online: http://www.governor.state.tx.us/divisions/press/expenditure/
State Comptroller Susan Combs (R) not only posted her office's expenditure information online, but also the information for numerous agencies.
In June, Comptroller Combs expanded disclosure by creating a separate website called “Where the Money Goes” – providing a user-friendly web portal, which was formally launched in October of 2007.
http://www.window.state.tx.us/comptrol/expendlist/cashdrill.php
2007 Other Executive Efforts
Illinois :
While H.B. 473, the Funding Accountability and Transparency Act did not pass the state legislature in 2007, State Comptroller Dan Hynes (D) in October 2007 unveiled a website that allows taxpayers to track political contributions made by companies that have state contracts.
Taxpayers can go to www.OpenBook.ioc.state.il.us , and enter the name or partial name of the entity that conducts business with the state. The result page will then allow a side by side analysis of the contract and contribution information. The website complements a state contracts database on the comptroller's website and an appropriation inquiries database that allows searches for budget expenditures by certain categories.
Nebraska :
On August 27, 2007 State Treasurer Shane Osborn (R) publicly announced his plans to create NebraskaSpending.com: a searchable, public website that will disclose every aspect of state government spending.
Status: The website is live, but currently only contains static information: http://nebraskaspending.com .
New York :
Attorney General Andrew Cuomo (D) in December launched “Project Sunlight,” a website that provides information on many state government activities, including government contracts and expenditure categories. www.sunlightny.org
2007 Failed Legislative Efforts
Colorado :
HB 1164, Rep. Don Marostica's (R-Loveland)Taxpayer Transparency Act, would have created a searchable website for state contracts and grants and the posting of moneys expended within five days of the treasurer receiving the information, was killed in a house committee on February 1 st .
Connecticut :
HB 6809, introduced January 23, 2007 by Rep. William Hamzy (R-Plymouth) would have required the Department of Information Technology to create a searchable web site, accessible to the public, to provide information about state grants, contracts, projects and loans. http://www.cga.ct.gov/2007/TOB/H/2007HB-06809-R00-HB.htm
Florida :
SB 2516 sponsored by Sen. Ronda Storms (R-Brandon), would have required the Dept. of State to create & manage a website disclosing certain spending by state and local governmental entities under certain contracts. Would require access to the text of contracts listed on the website.
http://www.flsenate.gov/data/session/2007/Senate/bills/billtext/pdf/s2516.pdf
Georgia :
SB 300 sponsored by Sen. Chip Rogers (R-Woodstock), chairman of the Senate Taxpayer Protection Caucus, and Sen. Chip Pearson (R-Dawsonville), would have required the Department of Audits and Accounts to provide for the creation and maintenance of a website detailing information on the expenditure of state funds. No dollar threshold for disclosure stipulated.
http://www.legis.state.ga.us/legis/2007_08/sum/sb300.htm
Illinois :
HB 473 introduced February 8, 2007 by Rep. John Fritchey (D-Chicago) that creates the Funding Accountability and Transparency Act that required the full disclosure of entities and organizations that receive State funds. It also required the Governor's Office of Management and Budget (GOMB) to establish a searchable website. The bill had a $25,000 threshold for disclosure. Before October 1, 2008 it would not have included credit card transactions.
Kentucky :
HB 159 sponsored by Reps. Joseph M. Fisher (R-Campbell) and Jim DeCesare (R-Bowling Green), would have created a new section of KRS Chapter 42 to require the development of a Web site to provide public access to most state expenditures. http://www.lrc.state.ky.us/record/07RS/HB159/bill.doc
Louisiana :
HB 266, sponsored by State Reps. Steve Scalise(R- Metairie) and Dan W. Morrish (R- Jennings) would have mandated the disclosure of detailed information on spending earmarks, and requiring the online posting of this information. HB 266 would have provided for the procedure for submission and review of the information related to proposed amendments to the General Appropriation Bill.
While the bill did not pass both chambers, it passed the house as house resolution, and is now binding for that body.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=432944
Maryland :
HB 1252 sponsored by Del. Warren Miller (R-Annapolis), would require the department of budget and management to disclose relevant information on state grants and contracts on a searchable website on or by January 1 st , 2008.
http://mlis.state.md.us/2007RS/bills/hb/hb1252f.pdf .
Sen. Alex Mooney (R-Frederick) sponsored the senate version of HB 1252, SB 995. http://mlis.state.md.us/2007RS/bills/sb/sb0995f.pdf
New Mexico :
HB 554 introduced January 25, 2007 by Rep. Larry A. Larranaga (R-Bernalillo), would have required the Department of Finance and Administration to establish a searchable taxpayer transparency web site that provides the public with information about state revenues and expenditures.
http://legis.state.nm.us/Sessions/07%20Regular/bills/house/HB0554.pdf
HB 993 introduced February 7, 2007 by Rep. Kathy A. McCoy (R-Cedar Crest). The bill provides for the taxpayer transparency web site and requires the department of finance and administration to establish a searchable web site that provides the public with information about state revenues and expenditures.
http://legis.state.nm.us/Sessions/07%20Regular/bills/house/HB0993.html
North Carolina
SB 860, sponsored by Sen. Robert Pittenger (R-Mecklenburg), would have required the state controller disclose relevant information on state expenditures, including grants and contracts over the amount of $25,000 on a searchable website on or by January 1 st , 2008.
http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S860v0.html
North Dakota :
SB 2093 passed the House of Representatives containing an important new passage relating to transparency for government purchase cards:
“The office of management and budget shall develop and operate a searchable web site or on the office's web site provide a link to a searchable web site accessible to the public at no cost to the user which lists, and updates monthly, each purchase made by a state agency through the use of a purchasing card. Each purchase listed must include the recipient of the funds, the amount of the purchase, the agency making the purchase, and any other information required by the office of management and budget.”
The bill did not pass the senate.
http://www.legis.nd.gov/assembly/60-2007/bill-text/HQPK0300.pdf
Tennessee :
HB 943 introduced February 8, 2007 by Rep. Matthew Hill ( R -Jonesborough) . The bill would have required the state and its agencies to make available information to be put on a searchable website, as well as the lost revenue report for the previous fiscal year. http://www.legislature.state.tn.us/bills/currentga/BILL/HB0943.pdf
SB 1146 introduced February 8, 2007 by Sen. Dewayne Bunch (R-Cleveland). It paralleled H.B. 943. http://www.legislature.state.tn.us/bills/currentga/BILL/SB1146.pdf
SB 1066 sponsored by Sen. Jim Tracy (R-Shelbyville) would have required the department of finance and administration to create a website detailing information on expenditures of state funds.
http://www.legislature.state.tn.us/bills/currentga/BILL/SB1066.pdf
HB 915 sponsored by Rep. John Mark Windle (D-Livingston) paralleled S.B. 1066.
http://www.legislature.state.tn.us/bills/currentga/BILL/HB0915.pdf
Washington :
HB 2342 by Rep. Mark Miloscia ( D-Federal Way ) would have made “state budget information available to the public.”
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2342&year=2007
Alexandria , VA
Alexandria Taxpayers United (ATU) has called on the city government to emulate the federal model and create a website detailing city grants and contract information. http://www.atuonline.org/uploads/06_12-19_Grants_and_Contracts_Website_Letter.pdf
2007 Local Efforts
Florida :
During the 2007 legislative session, lawmakers passed local transparency provisions out of the property tax reform conference committee.
The provisions would have:
• Required local governments to report their expenditures and revenues on the Internet.
• Required local governments to post the proposed budget, anticipated revenues and other information online by a certain deadline.
• Required local governments to post their contracts online with certain exceptions and on a staggering scale.
However, the provisions were not part of the final agreement on property tax reform in the special session that ended in June .
King County , WA
Council member Reagan Dunn pushed for “Transparency in Taxation” initiative. The legislation was approved by the council on July 9 th . Starting in April 2008, the County Treasurer will be required to mail courtesy tax breakdown summaries to property owners who do not currently receive property tax statements (more than 45 percent of property owners in King County authorize their mortgage company to pay their property tax payments and never receive a summary statement). The summary will provide a detailed breakdown of taxes and fees levied on their property, including those approved by voters.
http://www.metrokc.gov/council/members/dunn/pdf/Tax_Transparency.pdf
Op-Ed by Reagan Dunn in the Seattle Times: “Tell us where our taxes are going” http://seattletimes.nwsource.com/html/opinion/2003709906_reagandunn17.html
North Dakota :
The North Dakota Policy Council launched “Sunshine on Schools”, a policy paper encouraging North Dakota lawmakers to pass legislation that would require schools to set up a website detailing all expenditures - from operations cost to the “money spent on popcorn kernels that are sold at basketball games.”
http://policynd.org/content/SunshineonSchools.pdf
Texas :
HB2560 sponsored by Rep. Bill Zedler (R-Arlington) would have required school districts to post their check registers online.
http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB2560
Unfortunately, the bill did not pass both chambers, but momentum is building.
Already, a growing number of Texas school districts are posting their check registers online. This is a result of the Texas Education Agency creating a loophole for districts trying to avoid compliance with Gov. Perry's executive order from 2005 requiring that districts earmark 65 cents per dollar for instruction in the classroom. By now, 58 school districts have posted their check registers online. According to the Texas Public Policy Foundation, that accounts for 22% of student enrollment and 21% of spending.
The Texas A&M System in 2007 became the first university in the state to post all expenditures online .
For more information contact Sandra Fabry, state government affairs manager, at sfabry@atr.org
ATR is a founding member of www.ShowMeTheSpending.org, a coalition website dedicated to promoting transparency in government spending.
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