SPONSOR:   

Rep. Lavelle & Sen. Bunting;

 

Reps. D. Short, Hudson, Manolakos; Sens. Simpson, Sorenson, Bonini

 

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

 

HOUSE BILL NO. 90

 

 

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CREATING A SEARCHABLE BUDGET DATABASE FOR STATE SPENDING.

 


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

 


Section 1.  Amend Part II, Title 29, Delaware Code by inserting therein the following:

“Chapter 20.  Fiscal Transparency.

§ 2001.  Intent.

The General Assembly 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 General Assembly, therefore, to direct the Office of Management and Budget 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.

§ 2002.  Definitions.

As used in this Chapter:

(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 Office of Management and Budget.

(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 office, department, board, commission or division.  This includes individual State agencies and programs, as well as those programs and activities that cross agency lines.  ‘State office’ includes all elective offices in the Executive Branch of government and the General Assembly.

(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.

(6)           ‘State audit or report’ shall include any audit or report issued by the State Auditor’s Office, 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 Office of Management and Budget.

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

§ 2003.  Searchable Budget Database Website Created

By January 1, 2010, the Director shall develop and make publicly available a single, searchable budget database website including the required data for FY 2009.  The website shall be accessible from the homepage of the official State website.

§ 2004.  Updates.

(a)           Effective January 1, 2010, 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.

(b)           By January 1, 2011, the Director shall add data for FY 2008 to the searchable budget database website.  Data for previous fiscal years may be added as available and as 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 (10) years.

§2005.  Compliance with Chapter.

The Director shall not be considered in compliance with this Chapter 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.”.


SYNOPSIS

This Act requires the creation of a searchable budget database website to allow taxpayers to access details of how their tax dollars are being spent