Public Document Cost Disclosure Act Exposed

The Public Document Cost Disclosure Act is listed under ALEC's Tax and Fiscal Policy Task Force and was included in the 1995 Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

Government resources must be utilized as efficiently as possible to best serve public needs. The cost of printing official documents can be prohibitively expensive. Taxpayers should be informed of the cost of printing government forms and publications to ensure fiscal accountability.

This Act requires all government printed documents to display the total cost associated with producing the document and calls for separate budget line item delineation for costs incurred producing documents in languages other than English. It also holds government employees personally liable for violations of any provision of the Act.

Further, it requires the state's chief financial officer to provide the legislature with a fiscal year summary delineating by line item the costs of producing publications.

Model Legislation

{Title, enacting clause, etc}

Section 1.

This Act may be cited as the Public Document Cost Disclosure Act

Section 2. {Legislative Findings.}

The legislature finds and declares that: Government resources must be utilized as efficiently as possible to best serve public needs. The cost of printing official documents can be prohibitively expensive. Taxpayers should be informed of the cost of printing government forms and publications to ensure fiscal accountability.

Section 3. {Prohibitions and standards.}

(1) No branch, department, agency, official, employee, or other entity of state government for which a budget has been approved and for which an appropriation has been made or a transfer of funds effected pursuant to law shall print or cause to be printed any bulletin, leaflet, Christmas card, personalized memorandum stationery, or other similar communication, house organ, circular, book, report, or similar publication, except those required by law.

(2) All printed matter so required shall be effected in a uniform manner as to basic content, size, quality of paper, and use of color as contained in standards to be established by [Appropriate legislative, executive, and judicial agencies] shall be empowered to make such exceptions affecting their respective branch of government to the provisions of this Act as may be in the best interests of the state.

(3) In addition, the provisions of this Act shall not be construed to prohibit the printing or publication of any printed matter required by any federal law or regulation in order that the state or any department or agency thereof may obtain or receive federal funds, grants, or assistance. The provisions of this Act shall apply to printed matter printed pursuant to any such federal law or regulation to the extent that this Act does not conflict with any such law or regulation.

Any administrative head of any branch, department, agency, or entity who violates any provision of this Section and any employee who, without the authorization of his administrative superior, violates any provision of this Act shall be personally liable for the cost of any printing in violation of this Act. Any state funds expended on any printing in violation of this Act may be recovered by the state in a civil action instituted by the attorney general or any taxpayer. In addition, any such person who violates the provisions of this Act shall be assessed a fine by the court of not more than five hundred dollars.

Section 4. {Cost Statement.}

All printed matter, except documentation in connection with proceedings of the legislative, executive, and judicial branches of state government, printed or caused to be printed by any branch, department, agency, official, employee, or other entity of state government, shall contain the following statement, with required information inserted, printed on the publication adjacent to the identification of the agency responsible for publication. "This public document was published at a total cost of [$ ]. [number] copies of this public document were published in this [number] printing at a cost of [$ ]. The total cost of all printings of this document, including reprints is [$ ]. This document was published by [name and address of person, firm, or corporation or agency which printed the material) to [statement of purpose] under authority of [citation of law requiring publication or of special exception by [appropriate legislative, executive, or judicial agency as provided in this act]. This material was printed in accordance with the standards for printing by state agencies established pursuant to [applicable statute]." If the printing of the material was not done by a state agency, the above statement shall include the following additional language; "Printing of this material was purchased in accordance with the provisions of [applicable contractual printing statute]." This statement shall be printed in the same size type as the body copy of the document and shall be set in a box composed of a one-point rule.

Section 5. {Cost computation.}

The following three factors shall be utilized in computation cost data;

(a) Preparation of the public document for publication;

(b) Printing, including all expenditures for reproduction, whether on bid or in-house;

(c) Circulation, including all estimated expenditures for postage and distribution of the public document.

Section 6. {Multi-language document costs.}

All costs incurred by any agency, office, or department related to the preparation, translation, printing, and recording of documents, records, brochures, pamphlets, flyers, or other information materials in languages other than English shall be delineated as separate budget line items in the agency, departmental, or office budget.

Section 7. {Elections or propositions.}

No funds appropriated for printing purposes or otherwise shall be used to urge any elector to vote for or against any candidate or proposition on an election ballot nor shall such funds by used to lobby for or against any proposition or matter having the effect of law being considered by the legislature or any local governing authority. This provision shall not prevent the normal dissemination of factual information relative to a proposition on any election ballot or a proposition or matter having the effect of law being considered by the legislature or any local governing authority.

Section 8. {Personal liability.}

Any administrative head of any branch, department, agency, or entity who violates any provision of this Section, and any employee who, without the authorization of his administrative superior, violates any provision of this Act, shall be personally liable for the cost of any printing in violation of this Act. Any state funds expended on any printing in violation of this Act may be recovered by the state in a civil action instituted by the attorney general or any taxpayer. In addition, any such person who violates the provisions of this Act shall be assessed a fine by the court of not more than five hundred dollars.

Section 9. {Fiscal Summary.}

Within 30 days of the beginning of the Legislative session, a fiscal year summary shall be provide to the Legislature by the chief financial officer of the state. The State budget shall delineate by line item said costs of printing and publication.

Section 10. {Right of action.}

Any citizen shall have standing to bring an action against the State to enforce this act. The State Courts shall have jurisdiction to hear and include any such action brought under this Act.

Section 11. {Severability clause.}

Section 12. {Repealer clause.}

Section 13. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995