BILL REQ. #:  H-3763.1 

Prefiled 12/07/09. Read first time 01/11/10.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to updating and removing obsolete references from the statutes governing the joint legislative audit and review committee; amending RCW 44.28.010, 44.28.020, 44.28.083, 44.28.088, 44.28.097, and 44.28.110; and repealing RCW 44.28.030 and 44.28.161.

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

Sec. 1   RCW 44.28.010 and 1996 c 288 s 3 are each amended to read as follows:
     The joint legislative audit and review committee is created, which shall consist of eight senators and eight representatives from the legislature. The senate members of the joint committee shall be appointed by the president of the senate, and the house members of the joint committee shall be appointed by the speaker of the house. Not more than four members from each house shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year. ((If before the close of a regular session during an odd-numbered year, the governor issues a proclamation convening the legislature into special session, or the legislature by resolution convenes the legislature into special session, following such regular session, then such appointments shall be made as a matter of closing business of such special session. Members shall be subject to confirmation, as to the senate members by the senate, and as to the house members by the house. In the event of a failure to appoint or confirm joint committee members, the members of the joint committee from either house in which there is a failure to appoint or confirm shall be elected by the members of such house.))

Sec. 2   RCW 44.28.020 and 1996 c 288 s 4 are each amended to read as follows:
     The term of office of the members of the joint committee ((who continue to be members of the senate and house shall be from the close of the session in which they were appointed or elected as provided in RCW 44.28.010 until the close of the next regular session during an odd-numbered year or special session following such regular session, or, in the event that such appointments or elections are not made, until the close of the next regular session during an odd-numbered year during which successors are appointed or elected. The term of office of joint committee members who do not continue to be members of the senate and house ceases upon the convening of the next regular session of the legislature during an odd-numbered year after their confirmation, election or appointment)) shall be two years, ending two years from the date of appointment or when a member is no longer a member of the house from which he or she was appointed, except that members shall continue to serve until a successor is appointed. Vacancies on the joint committee shall be filled ((by appointment by the remaining members. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated)) from the same political party and from the same house as the member whose seat was vacated. Senate vacancies shall be filled through appointment by the president of the senate, and house vacancies shall be filled through appointment by the speaker of the house.

Sec. 3   RCW 44.28.083 and 1996 c 288 s 12 are each amended to read as follows:
     (1) ((During the regular legislative session of each odd-numbered year, beginning with 1997)) At the conclusion of the regular legislative session of each odd-numbered year, the joint legislative audit and review committee shall develop and approve a performance audit work plan for the ((subsequent sixteen to twenty-four-month period and an overall work plan that identifies state agency programs for which formal evaluation appears necessary)) ensuing biennium. The biennial work plan may be modified, as necessary, at the conclusion of other legislative sessions to reflect actions taken by the legislature and the joint committee. The work plan shall include a description of each performance audit, and the cost of completing the audits on the work plan shall be limited to the funds appropriated to the joint committee. Approved performance audit work plans shall be transmitted to the entire legislature by July 1st following the conclusion of each regular session of an odd-numbered year and as soon as practical following other legislative sessions.
     (2) Among the factors to be considered in preparing the work plans are:
     (a) Whether a program newly created or significantly altered by the legislature warrants continued oversight because (i) the fiscal impact of the program is significant, or (ii) the program represents a relatively high degree of risk in terms of reaching the stated goals and objectives for that program;
     (b) Whether implementation of an existing program has failed to meet its goals and objectives by any significant degree; ((and))
     (c) Whether a follow-up audit would help ensure that previously identified recommendations for improvements were being implemented; and
     (d) Whether an assignment for the joint committee to conduct a performance audit has been mandated in legislation.
     (((2) The project description for each performance audit must include start and completion dates, the proposed approach, and cost estimates.))
     (3) The legislative auditor may consult with the chairs and staff of appropriate legislative committees, the state auditor, and the director of financial management in developing the performance audit work plan.
     (((4) The performance audit work plan and the overall work plan may include proposals to employ contract resources. As conditions warrant, the performance audit work plan and the overall work plan may be amended from time to time. All performance audit work plans shall be transmitted to the appropriate fiscal and policy committees of the senate and the house of representatives no later than the sixtieth day of the regular legislative session of each odd-numbered year, beginning with 1997. All overall work plans shall be transmitted to the appropriate fiscal and policy committees of the senate and the house of representatives.))

Sec. 4   RCW 44.28.088 and 2005 c 319 s 113 are each amended to read as follows:
     (1) When the legislative auditor has completed a performance audit authorized in the performance audit work plan, the legislative auditor shall transmit the preliminary performance audit report to the affected state agency or local government and the office of financial management for comment. The agency or local government and the office of financial management shall provide any response to the legislative auditor within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the joint committee. The legislative auditor shall incorporate the response of the agency or local government and the office of financial management into the final performance audit report.
     (2) ((Except as provided in subsection (3) of this section,)) Before releasing the results of a performance audit to the legislature or the public, the legislative auditor shall submit the preliminary performance audit report to the joint committee for its review, comments, and final recommendations. Any comments by the joint committee must be included as a separate addendum to the final performance audit report. Upon consideration and incorporation of the review, comments, and recommendations of the joint committee, the legislative auditor shall transmit the final performance audit report to the affected agency or local government, the director of financial management, the leadership of the senate and the house of representatives, and the appropriate standing committees of the house of representatives and the senate and shall publish the results and make the report available to the public. For purposes of this section, "leadership of the senate and the house of representatives" means the speaker of the house, the majority leaders of the senate and the house of representatives, the minority leaders of the senate and the house of representatives, the caucus chairs of both major political parties of the senate and the house of representatives, and the floor leaders of both major political parties of the senate and the house of representatives.
     (((3) If contracted to manage a transportation-related performance audit under RCW 44.75.090, before releasing the results of a performance audit originally directed by the transportation performance audit board to the legislature or the public, the legislative auditor shall submit the preliminary performance audit report to the transportation performance audit board for review and comments solely on the management of the audit. Any comments by the transportation performance audit board must be included as a separate addendum to the final performance audit report. Upon consideration and incorporation of the review and comments of the transportation performance audit board, the legislative auditor shall transmit the final performance audit report to the affected agency or local government, the director of financial management, the leadership of the senate and the house of representatives, and the appropriate standing committees of the house of representatives and the senate and shall publish the results and make the report available to the public.))

Sec. 5   RCW 44.28.097 and 1996 c 288 s 18 are each amended to read as follows:
     All agency and local government reports concerning program performance, including administrative review, quality control, and other internal audit or performance reports, as requested by the joint committee, shall be furnished by the agency or local government requested to provide such report.

Sec. 6   RCW 44.28.110 and 1955 c 206 s 8 are each amended to read as follows:
     (1) In the discharge of any duty herein imposed, the joint committee or any personnel under its authority and its subcommittees shall have the authority to examine and inspect all properties, equipment, facilities, files, records, and accounts of any state office, department, institution, board, committee, commission ((or)), agency, or local government, and to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by laws for taking depositions in civil actions in the superior courts.
     (2) The authority in this section extends to accessing any confidential records needed to discharge the joint committee's performance audit duties. However, access to confidential records for the purpose of conducting performance audits does not change their confidential nature, and any existing confidentiality requirements shall remain in force and be similarly respected by the joint committee and its staff.

NEW SECTION.  Sec. 7   The following acts or parts of acts are each repealed:
     (1) RCW 44.28.030 (Continuation of memberships and powers) and 1996 c 288 s 5, 1955 c 206 s 6, & 1951 c 43 s 13; and
     (2) RCW 44.28.161 (Transportation-related performance audits) and 2005 c 319 s 25 & 2003 c 362 s 13.