Outsourcing Legislation Year-End Summary

Transcription

1 Outsourcing Legislation 2009 Year-End Summary ARIZONA AZ H 2576 AZ H 2577 AZ S 1214 AZ S 1453 Fleming (D) Procurement Services Concerns procurement services; prohibits outsourcing. Status: 02/17/2009: To House Committee on Government. Additionally referred to House Committee on Commerce. Additionally referred to House Committee on Rules. Fleming (D) Outsourcing of State Service Positions Concerns outsourcing; relates to state service positions; makes a prohibition. Status: 02/17/2009: To House Committee on Government. Additionally referred to House Committee on Commerce. Additionally referred to House Committee on Rules. Burton-Cahill (D) Procurement Services Concerns procurement services; prohibits outsourcing. Status: 06/04/2009: To Senate Committee on Government Institutions. Additionally referred to Senate Committee on Rules. Hale (D) State Service Positions Prohibits outsourcing of state service positions. Status: 06/18/2009: Held in Senate Committee on Government Institutions. FLORIDA FL H 1207 FL H 7097 FL S 900 Bogdanoff (R) Procurement of Contractual Services in State Agency Provides requirements with respect to provision of outsourced human services related to mental health, substance abuse, child welfare, or juvenile justice; defines terms; provides requirements with respect to contracts for such services; requires state agencies to identify specified costs to human Status: 05/02/2009: In House. Indefinitely postponed and withdrawn from consideration. House Health Care Services Policy Committee Health and Human Services Contracts contracts and access to provider data; requires community-based agencies to document federal earnings and return undocumented earnings; permits contracts with the agencies to be increased by excess federal earnings; authorizes outsourcing of certain foster care and related services. Status: 05/02/2009: In Senate. Indefinitely postponed and withdrawn from consideration. Bennett (R) 1

2 FL H 11 a Procurement of Contractual Services Relates to procurement of contractual services; provides requirements with respect to the provision of outsourced human services related to mental health, substance abuse, child welfare, or juvenile justice; provides that failure by a governmental entity to negotiate a contract amendment or remedy a material adverse impact of a new governmental mandate constitutes an agency Status: 05/02/2009: In Senate. Indefinitely postponed and withdrawn from consideration. Bogdanoff (R) Procurement of Contractual Services Provides requirements with respect to provision of outsourced human services related to mental health, substance abuse, child welfare, or juvenile justice; defines terms; provides requirements with respect to contracts for such services; requires state agencies to identify specified costs to human Status: 01/14/2009: In House. Died. HAWAII HI S 1136 Hanabusa (D) Hawaii Health Systems Corporation Outsourcing Authorizes Hawaii Health Systems Corporation to outsource for services. Status: 01/30/2009: To Senate Committee on Health. Additionally referred to Senate Committee on Labor. ILLINOIS IL H 3761 IL H 4161 Walker (D) Job Preservation Act Creates the Job Preservation Act of Provides that companies that lose 100 or more employees due to outsourcing of jobs are ineligible to receive procurement contracts with the State, units of local government, or school districts and to receive government grants, loans, tax incentives, or other economic incentives. Requires certain companies that lose 100 or more Status: 03/13/2009: Rereferred to House Committee on Rules. Connelly (R) Creates the Council on Efficient Government Act Creates the Council on Efficient Government Act. Creates the council and sets forth its duties, including review of whether goods and services provided by State agencies should be privatized or outsourced to obtain cost savings or best value. Requires reports. Requires business case analyses. Sets forth outsourcing contract requirements. Requires the council to establish an accounting method. Exempts transportation construction. Status: 03/13/2009: Rereferred to House Committee on Rules. IL S 257 Noland (D) Job Preservation Act of 2009 Creates the Job Preservation Act of Provides that companies that lose 100 or more employees due to outsourcing of jobs are ineligible to receive procurement contracts with the State, units of local government, or school districts and to receive government grants, loans, tax incentives, or other economic incentives. Requires certain companies that lose 100 or more Status: 08/15/2009: Rule 3-9(b)/ Re-referred to Assignments Committee. INDIANA IN H 1504 GiaQuinta (D) Cost Benefit Analysis Of Outsourcing Requires a state agency to do a cost benefit analysis before entering into a contract for services; requires the department of administration to compile semiannual reports on the cost benefit 2

3 analysis for each contract. Status: 01/14/2009: Introduced. To House Committee on Public Policy. LOUISIANA LA EO 5 LA S 261 Office of the Governor Commission on Streamlining Government Requires the examination of each state department or agency's constitutional and statutory functions, powers, duties and responsibilities to determine functions that can be eliminated, streamlined, consolidated, privatized or outsourced. Status: 04/24/2009: Executive Order Issued By Governor Donahue (R) Streamlining State Government Creates the Commission on Streamlining Government to examine each agency's activities, functions, programs, services, powers, duties, and responsibilities and to make recommendations concerning elimination, consolidation, privatization and outsourcing in an effort to reduce the size of state government. Status: 07/10/2009: Signed by Governor. Act No. 491 MICHIGAN MI H 4816 Walsh (R) State Payroll Outsourcing Provides for true determination of cost of providing payroll services in state government and to bid the function to private vendors. Status: 04/21/2009: Introduced. To House Committee on Government Operations. MINNESOTA MN H 1530 MN S 1366 Hornstein (DFL) Metropolitan Airports Commission Relates to the Metropolitan Airports Commission; requires the commission to prohibit outsourcing of certain jobs. Status: 03/09/2009: Introduced. To House Committee on State and Local Government Operations Reform, Technology and Elections. Dibble (DFL) Metropolitan Airports Commission Relates to the Metropolitan Airports Commission; requires the commission to prohibit outsourcing of certain jobs. Status: 03/12/2009: Introduced. To Senate Committee on State and Local Government Operations and Oversight. MONTANA MT D 14 Brueggeman Outsourcing Revises state procurement laws to identify outsourcing. Status: 08/24/2009: Draft request received. Prefiled for 2011 Session (no 2010 session). NEW HAMPSHIRE NH H 133 Weed (D) Department of Labor Requires companies that have reduced their employment to supply certain information to the department of labor including the number of jobs that were lost to outsourcing to foreign 3

4 countries. Status: 03/18/2009: Retained in Committee for Action in Second Year of Session. NEW YORK NY A 1480 NY A 4250 NY A 5677 NY S 3814 Wright (D) New York Consumer and Worker Protection Act Enacts the New York consumer and worker protection act; requires employers to provide notice of the outsourcing of jobs prior to such outsourcing; prohibits any governmental agency from engaging in the practice of outsourcing jobs; requires consumers be made aware and provide consent if such consumers nonpublic personal information is disclosed to nonaffiliated third parties by any corporation or other business entity. Status: 01/07/2009: Introduced. To Assembly Committee on Consumer Affairs and Protection. Brodsky (D) Outsourcing of Jobs Regulations Prohibits the outsourcing of jobs by business entities receiving state financial incentives; provides for repayment thereof and a five-year ban on assistance for violations; provides for enforcement by the Attorney General; requires state entities providing financial incentives to business entities Status: 02/02/2009: Introduced. To Assembly Committee on Economic Development. Ball (R) Denies Tax Benefits for Outsoucing to a Foreign entity Denies tax benefits to any corporation that outsources any of its business to a foreign entity or country. Status: 02/17/2009: Introduced. To Assembly Committee on Ways and Means. Adams (D) York Consumer and Worker Protection Act Enacts the New York Consumer and Worker Protection Act; requires employers to provide notice of the outsourcing of jobs prior to such outsourcing; prohibits any governmental agency from engaging in the practice of outsourcing jobs; requires consumers be made aware and provide consent if such consumers nonpublic personal information is disclosed to nonaffiliated third parties by any corporation or other business entity. Status: 04/01/2009: Introduced. To Senate Committee on Consumer Protection. NORTH DAKOTA ND SCR 4022 Krauter (D) Federal Tax Subsidies Urges Congress and the President of the United States to enact federal legislation to repeal perverse federal tax subsidies to United States companies that move manufacturing operations and American jobs offshore. Status: 03/20/2009: Passed House. PENNSYLVANIA PA H 439 Petri (R) Agency Contract Prohibition Amends the Procurement Code. Prohibits Commonwealth agencies from awarding contracts to bidders engaged in outsourcing of jobs or functions. Status: 02/13/2009: Introduced. To House Committee on State Government. PA H 440 Petri (R) Agency Contract Prohibition 4

5 PA H 441 Amends the Procurement Code. Prohibits Commonwealth agencies from awarding contracts to bidders engaged in outsourcing of jobs or functions. Status: 02/13/2009: Introduced. To House Committee on State Government. Petri (R) Agency Contract Prohibition Amends the Procurement Code. Prohibits Commonwealth agencies from awarding contracts to bidders engaged in outsourcing of jobs or functions. Status: 02/13/2009: Introduced. To House Committee on State Government. PA H 1364 Goodman (D) Administrative Code of 1929 Amends The Administrative Code of Provides for private operation funds. Provides that no Commonwealth funds appropriated to the Department of Corrections may be used to privatize or outsource commissary services of State correctional institutions. Status: 04/27/2009: Introduced. To House Committee on State Government. PUERTO RICO PR H 1428 Cruz Soto (PPD) Government Contractor Service Billing Amends existing law to establish that any contractor of any agency, instrumentality or agency of the Government of Puerto Rico must file a monthly bill for services rendered through government bills including those relative to outsourcing and subcontracting. Status: 04/13/2009: Introduced. PR S 207 Muniz Cortes (PNP) Education Department Printing Services Orders the Department of Education to use the program for production and dissemination of educational materials, commonly known as printing services, and to authorize the outsourcing of editorial projects in the private sector only when the number of jobs exceeds the capacity of the printing press. Status: 01/13/2009: Introduced. TEXAS TX H 581 TX H 2300 Dukes (D) Outsource State Agency Service Relates to outsourcing a service performed by a state agency to a private commercial contractor. Status: 02/18/2009: To House Committee on State Affairs. Davis Y (D) Outsourcing Jobs and State Funds Relates to restrictions on the use of state funds to benefit private entities that outsource jobs to foreign countries. Status: 03/09/2009: To House Committee on Technology, Economic Development & Workforce. VIRGINIA VA H 2207 Frederick (R) Budget Office Establishes the Budget Office in the legislative branch of state government; provides that the Office will have the power and duty to prepare fiscal impact statements on legislation, investigate the operating efficiencies of state agencies, explore opportunities to privatize, outsource, consolidate, and reorganize various governmental functions to operate more efficiently, examine 5

6 policies and strategies that can be instituted to streamline government programs. Status: 02/10/2009: Left in committee. Source: 2009 State Net Legislative Tracking Database, November 25, 2009 (final 2009 search). 6