SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GREEN.
Read 1st time January 27, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 33, RSMo, by adding thereto one new section relating to privatization contracts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 33, RSMo, is amended by adding thereto one new section, to be known as section 33.910, to read as follows:
33.910. 1. This section shall be known and may be cited as the "Transportation Service Accountability Act".
2. The department of transportation, hereinafter referred to as "the department", shall prepare an analysis of the costs and benefits to the department of privatizing services and continuing to provide such services through the employees of the department for all services valued at two hundred thousand dollars or more, excluding agreements that only provide legal or management consulting services.
3. If the department determines in its analysis that it is cost-effective to privatize such services, the department shall prepare a specific written statement of the services, including the specific quantity and standard of quality of the services. Additionally, the department shall prepare a comprehensive written estimate of the costs of regular department employees providing the same services, including all direct costs of the department's employees, including pensions, insurance, and other employee benefits. The department shall then solicit competitive sealed bids for the privatization contracts based upon such statement.
4. For a privatization contract to be an option for the department, the projected cost savings of the proposed privatization contract shall exceed ten percent of the cost of delivering the services with department employees. The term of a privatization contract shall not exceed five years. The privatization contract shall not be amended for the purpose of avoiding any requirements of this section.
5. If the department accepts a privatization contract, the contractor shall offer available employee positions to qualified regular employees of the department whose state employment is terminated because of the privatization contract and who satisfy the hiring criteria of the contractor.
6. The department, the contractor, and any subcontractor that enter into a privatization contract shall be expected to meet any obligations imposed by the federal Freedom of Information Act with respect to any public record related to the privatization contract. Any action taken by the contractor or subcontractor to avoid complying with any provision of the federal Freedom of Information Act shall subject the parties to investigations by the attorney general of Missouri, who may seek damages on behalf of the state or restitution for damages, including back pay, suffered by any person as a result of the violation.
7. A copy of the proposed privatization contract and the department's certificate of compliance shall be forwarded to the state auditor's office for review. Written approval or objection shall be provided to the department within thirty days. The department may not implement a contract if the state auditor notifies the department of an objection. Information regarding the qualifications and experience of the contractor's employees intended to provide the services shall be provided. Each bid shall also include information on any legal complaint or workplace violation, either alleged or cited, against the contractor.
8. Each proposed privatization contract shall include information on any political contributions made by the proposed contractor or any employee who holds a management position with the proposed contractor to any elected officer of the state or member of the general assembly during the four years prior to the due date of the proposed privatization contract. No state funds shall be used to support or oppose union activity of the employees of any contractor that executes a privatization contract.