State Agency Self-Sufficiency Act
The State Agency Self-Sufficiency Act prohibits state agencies from using state resources to hire private contractors to perform government functions. The agency itself must execute all tasks and responsibilities assigned to a state agency. If an agency determines that a task cannot be performed internally, it shall be deemed unnecessary and not executed.
Key Provisions
Prohibition on Outsourcing Government Functions: State agencies are prohibited from using state funds, assets, or personnel to hire private contractors for government functions, ensuring all tasks are performed by state employees.
Internal Execution Mandate: All responsibilities and duties assigned to a state agency must be carried out solely by that agency’s employees, reinforcing accountability and operational integrity within the government workforce.
Task Necessity Standard: If an agency determines that a task cannot be completed internally due to a lack of personnel, expertise, or resources, the task shall be deemed non-essential and will not be performed.
Exemption for Emergency Situations: A narrowly defined exemption is provided for emergencies where failure to act would result in immediate and significant harm to public safety or welfare, subject to legislative oversight.
Legislative Oversight and Accountability: State agencies must submit an annual report to the legislature detailing all tasks performed, affirming compliance with this Act, and justifying any tasks deemed non-essential and thus unexecuted.
Model Language
Section 1. Short Title. This Act shall be known as the "State Agency Self-Sufficiency Act.
Section 2. Purpose. The purpose of this Act is to ensure that all state government functions are performed by state agencies without reliance on private contractors, thereby reinforcing government accountability and efficiency.
Section 3. Prohibition on Contracting for Government Functions.
(a) No state agency shall use state funds, resources, or personnel to hire private contractors for the purpose of executing tasks, responsibilities, or functions assigned to that agency.
(b) Any contractual agreements entered into in violation of this section shall be void and unenforceable.
Section 4. Internal Execution of Government Functions.
(a) All duties, responsibilities, and tasks assigned to a state agency shall be performed solely by employees of that agency.
(b) If an agency determines that a task cannot be executed using its internal workforce, such a task shall be deemed unnecessary and shall not be undertaken.
Section 5. Exceptions for Emergencies.
(a) A state agency may use external contractors only in cases of an emergency where failure to act would result in immediate and significant harm to public safety or welfare.
(b) Any such emergency contracting shall be reported to the legislature within 30 days, detailing the nature of the emergency and the justification for external contracting.
Section 6. Legislative Oversight and Reporting Requirement.
(a) Each state agency shall submit an annual report to the legislature affirming compliance with this Act.
(b) The report shall include:
(1) A list of all functions performed by the agency;
(2) Justifications for any tasks deemed unnecessary and not performed;
(3) Any emergency contracts entered into under Section 5.
Section 7. Enforcement and Penalties
(a) Any state agency found in violation of this Act shall be subject to budgetary review and potential reduction of funding for subsequent fiscal years.
(b) Any state official or employee who knowingly authorizes prohibited contracting shall be subject to disciplinary action, up to and including termination of employment.
Section 8. Effective Date. This Act shall take effect immediately upon passage and shall apply to all state agencies and government functions thereafter.
Section 9. Severability. If any provision of this Act is found to be unconstitutional or otherwise invalid, the remaining provisions shall remain in full force and effect.