BILL REQ. #:  H-1038.1 

Read first time 01/27/09.   Referred to Committee on Ways & Means.

     AN ACT Relating to the identification and review of new programs; amending RCW 43.88.090; and adding new sections to chapter 43.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   For the purposes of section 2 and 3 of this act and RCW 43.88.090, "new program" means:
     (1) A newly created agency;
     (2) Services not supported in the previous biennium by the state;
     (3) Services to a population or other entity not served by the state in the previous biennium; or
     (4) Any activity not undertaken by the state in the previous biennium. "Activity" means a discrete work element carried out by state government agencies.

NEW SECTION.  Sec. 2   (1) On July 1st of each calendar year, the state auditor shall publish a draft list on its web site of all new programs funded by any appropriation or allotment of state funds during the previous fiscal year. The state auditor shall provide written notice of publication to the appropriate fiscal committees of the house of representatives and senate and to the office of financial management.
     (2) The list shall include:
     (a) The name of the program;
     (b) A brief description of the program and the expected result;
     (c) The name of the agencies receiving the funding; and
     (d) The amounts appropriated, by fund or account.
     (3) Within thirty days of the publication of the draft list of new programs, the legislature and the office of financial management may provide any comments it may have on the draft list to the state auditor's office.
     (4) Within sixty days after the publication of the draft list, the state auditor shall publish a final list of new programs on its web site. The state auditor shall provide written notice of the final publication to the appropriate fiscal committees of the house of representatives and the senate and to the office of financial management.

NEW SECTION.  Sec. 3   (1) Three years after the initial funding of any new program, as defined in section 1 of this act, the state auditor shall conduct a fiscal and performance audit of each new program.
     (2) The audit shall:
     (a) Identify the original objective or objectives of the new program;
     (b) Identify the data collected by the program and the performance measures;
     (c) Assess how effective the program was at meeting the objective or objectives;
     (d) Determine how efficiently the resources were used; and
     (e) Suggest changes to the program to increase effectiveness and efficiency, including alternative approaches or termination of the program.
     (3) The state auditor shall provide a final copy of the audit to the appropriate fiscal committees of the house of representatives and the senate and to the office of financial management by December 31st of the calendar year for that audit period.

Sec. 4   RCW 43.88.090 and 2005 c 386 s 2 are each amended to read as follows:
     (1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The governor shall communicate statewide priorities to agencies for use in developing biennial budget recommendations for their agency and shall seek public involvement and input on these priorities. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.
     The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The budget document must also include a listing of all new programs funded in the previous two years. For each new program, the list shall include: Program name; program objective; a brief description of the program; performance measures; current annual funding levels by agency; and the funding level proposed in the governor's biennial budget request. The list shall include all new programs funded in the previous two years regardless of whether the governor proposes funding those programs for the ensuing biennium. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110. The estimates must reflect that the agency considered any alternatives to reduce costs or improve service delivery identified in the findings of a performance audit of the agency by the joint legislative audit and review committee. Nothing in this subsection requires performance audit findings to be published as part of the budget.
     (2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those who receive its services and the taxpayers who pay for those services. Each agency shall also develop clear strategies and timelines to achieve its goals. This section does not require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The mission and goals of each agency must conform to statutory direction and limitations.
     (3) For the purpose of assessing activity performance, each state agency shall establish quality and productivity objectives for each major activity in its budget. The objectives must be consistent with the missions and goals developed under this section. The objectives must be expressed to the extent practicable in outcome-based, objective, and measurable form unless an exception to adopt a different standard is granted by the office of financial management and approved by the legislative committee on performance review. Objectives must specifically address the statutory purpose or intent of the program or activity and focus on data that measure whether the agency is achieving or making progress toward the purpose of the activity and toward statewide priorities. The office of financial management shall provide necessary professional and technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency and its programs, measurable goals, strategies, and performance measurement systems.
     (4) Each state agency shall adopt procedures for and perform continuous self-assessment of each activity, using the mission, goals, objectives, and measurements required under subsections (2) and (3) of this section. The assessment of the activity must also include an evaluation of major information technology systems or projects that may assist the agency in achieving or making progress toward the activity purpose and statewide priorities. The evaluation of proposed major information technology systems or projects shall be in accordance with the standards and policies established by the information services board. Agencies' progress toward the mission, goals, objectives, and measurements required by subsections (2) and (3) of this section is subject to review as set forth in this subsection.
     (a) The office of financial management shall regularly conduct reviews of selected activities to analyze whether the objectives and measurements submitted by agencies demonstrate progress toward statewide results.
     (b) The office of financial management shall consult with the higher education coordinating board and the state board for community and technical colleges in those reviews that involve institutions of higher education.
     (c) The goal is for all major activities to receive at least one review each year.
     (d) The office of financial management shall consult with the information services board when conducting reviews of major information technology systems in use by state agencies. The goal is that reviews of these information technology systems occur periodically.
     (5) It is the policy of the legislature that each agency's budget recommendations must be directly linked to the agency's stated mission and program, quality, and productivity goals and objectives. Consistent with this policy, agency budget proposals must include integration of performance measures that allow objective determination of an activity's success in achieving its goals. When a review under subsection (4) of this section or other analysis determines that the agency's objectives demonstrate that the agency is making insufficient progress toward the goals of any particular program or is otherwise underachieving or inefficient, the agency's budget request shall contain proposals to remedy or improve the selected programs. The office of financial management shall develop a plan to merge the budget development process with agency performance assessment procedures. The plan must include a schedule to integrate agency strategic plans and performance measures into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those agencies that will implement the revised budget process in the 1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's budget, accounting, and reporting systems to facilitate the performance assessment procedures and the merger of those procedures with the state budget process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal committees by September 30, 1996.
     (6) In reviewing agency budget requests in order to prepare the governor's biennial budget request, the office of financial management shall consider the extent to which the agency's activities demonstrate progress toward the statewide budgeting priorities, along with any specific review conducted under subsection (4) of this section.
     (7) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.

NEW SECTION.  Sec. 5   Sections 1 through 3 of this act are each added to chapter 43.09 RCW.