CHAPTER 223
HB 718-FN – FINAL VERSION
27Mar2007… 0549h
05/17/07 1561s
2007 SESSION
05/04
HOUSE BILL 718-FN
AN ACT establishing a committee to study the cost, quality, accountability and oversight standards used by the state when contracting with private entities for delivery of public services.
SPONSORS: Rep. DeChane, Straf 3; Rep. Morrison, Belk 2; Rep. Wheeler, Merr 6
COMMITTEE: Executive Departments and Administration
This bill establishes a committee to study the cost, quality, accountability, and oversight standards used by the state when contracting with private entities for delivery of public services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0549h
05/17/07 1561s
07-0859
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a committee to study the cost, quality, accountability and oversight standards used by the state when contracting with private entities for delivery of public services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
223:1 Findings and Intent. In order to guarantee that the state and its citizens are securing the best quality and value for the expenditure of public funds, the general court finds and declares that it is in the best interest of taxpayers and the public to ensure that there is a process of full disclosure and accountability when state agencies enter into contracts with private entities for the delivery of public services that would otherwise be rendered by public employees.
223:2 Committee Established. There is established a committee to study the process and scope of the privatization or outsourcing of public services that would otherwise be delivered by state employees.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives, 2 of whom shall be from the executive departments and administration committee and one of whom shall be from the finance committee.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
223:3 Duties. The committee shall examine the extent of outsourcing or privatization of public services that are ongoing or long-term in nature. The goal of such study shall be to recommend changes in contracting policies or procedures, as may be needed, to ensure that the state renders services to the public in a manner that best serves the overall interests of the citizens of New Hampshire as well as the needs of service recipients. In undertaking its analysis and making its recommendations, the committee shall look at whether there is a complete accounting during the contracting process of the comparative costs of direct public service delivery versus the outsourcing or privatization of those same services; whether contract administration and oversight are factored into the cost analysis; whether methods are in place to ensure contractor accountability and quality service delivery via trained workers; whether or how the contracting process measures whether contract employee services are overpriced or underpriced based on a comparison with the cost of public employee delivery of the same services; whether collateral costs, such as in-state job loss if the jobs are outsourced to another state or country or costshifting to communities or other public programs if the outsourced positions do not provide a living wage or health insurance benefits, are factored into contracting decisions; and any other considerations the committee deems appropriate.
223:4 Chairperson. Members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
223:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, and the state library on or before November 1, 2007.
223:6 Effective Date. This act shall take effect upon its passage.
Approved: June 25, 2007
Effective: June 25, 2007