SSB 6636 -
By Representative Hasegawa
WITHDRAWN 04/10/2012
On page 7, after line 16 of the amendment, insert the following:
"NEW SECTION. Sec. 6 A new section is added to chapter 43.88 RCW
to read as follows:
(1) Omnibus operating appropriations bills proposed by the governor
and enacted by the legislature must include:
(a) A tax expenditure section or sections listing all state tax
expenditures, together with an estimate of the state revenue impact
associated with each state tax expenditure; and
(b) A section stating the total estimated revenue impact from all
state tax expenditures, total appropriations, and total state
expenditures representing the sum of appropriations and state tax
expenditures.
(2) The sections described in subsection (1) of this section must
be stated in part I of the omnibus operating appropriations bill.
(3) For the purposes of this section, "state tax expenditure" means
a tax preference, as defined in RCW 43.136.021, that impacts revenues
appropriated in the omnibus operating appropriations bill.
Sec. 7 RCW 43.06.400 and 2011 1st sp.s. c 20 s 201 are each
amended to read as follows:
(1) ((Beginning in January 1984, and in January of every fourth
year thereafter)) Biennially, the department of revenue must ((submit
to the legislature prior to the regular session)) prepare a listing of
the amount of reduction for the current and next biennium in the
revenues of the state or the revenues of local government collected by
the state as a result of tax ((exemptions)) expenditures. The listing
must include an estimate of the revenue lost from the tax ((exemption))
expenditure, the purpose of the tax ((exemption)) expenditure, the
persons, organizations, or parts of the population which benefit from
the tax ((exemption)) expenditure, and whether or not the tax
((exemption)) expenditure conflicts with another state program. The
listing must include but not be limited to the following revenue
sources:
(a) Real and personal property tax exemptions under Title 84 RCW;
(b) Business and occupation tax exemptions, deductions, and credits
under chapter 82.04 RCW;
(c) Retail sales and use tax exemptions under chapters 82.08,
82.12, and 82.14 RCW;
(d) Public utility tax exemptions and deductions under chapter
82.16 RCW;
(e) Food fish and shellfish tax exemptions under chapter 82.27 RCW;
(f) Leasehold excise tax exemptions under chapter 82.29A RCW;
(g) Motor vehicle and special fuel tax exemptions and refunds under
chapters 82.36 and 82.38 RCW;
(h) Aircraft fuel tax exemptions under chapter 82.42 RCW;
(i) Motor vehicle excise tax exclusions under chapter 82.44 RCW;
and
(j) Insurance premiums tax exemptions under chapter 48.14 RCW.
(2) The department of revenue must prepare the listing required by
this section with the assistance of any other agencies or departments
as may be required.
(3) The department of revenue must ((present the listing to the
ways and means committees of each house in public hearings)) submit the
listing to the governor at the time biennial budget requests are due
under RCW 43.88.030.
(4) ((Beginning in January 1984, and every four years thereafter))
The governor is requested to review the report from the department of
revenue and ((may submit)) prepare a tax expenditure report as part of
the biennial budget documents under RCW 43.88.030. The tax expenditure
report must include the listing of expenditures prepared by the
department of revenue and a budget analysis of each expenditure. The
budget analysis must categorize each expenditure according to the
programs or functions each expenditure supports. The tax expenditure
report does not have to address tax expenditures required under the
state Constitution, federal Constitution, or federal law.
(5) The governor must identify each expenditure that will terminate
during the next biennium and make a recommendation as to whether the
expenditure should be allowed to terminate, continue, or continue with
modification. The governor also may submit other recommendations to
the legislature with respect to the repeal or modification of any tax
((exemption)) expenditure. The ((ways and means)) fiscal committees of
each house and the appropriate standing committee of each house must
hold public hearings and take appropriate action on the tax expenditure
report and recommendations submitted by the governor.
(((5))) (6) As used in this section, "tax ((exemption))
expenditure" means an exemption, exclusion, or deduction from the base
of a tax; a credit against a tax; a deferral of a tax; or a
preferential tax rate.
(((6))) (7) For purposes of the listing due in January 2012, the
department of revenue does not have to prepare or update the listing
with respect to any tax ((exemption)) expenditure that would not be
likely to increase state revenue if the ((exemption)) expenditure was
repealed or otherwise eliminated.
Sec. 8 RCW 43.88.030 and 2006 c 334 s 43 are each amended to read
as follows:
(1) The director of financial management ((shall)) must provide all
agencies with a complete set of instructions for submitting biennial
budget requests to the director at least three months before agency
budget documents are due into the office of financial management. The
budget document or documents ((shall)) must consist of the governor's
budget message which ((shall)) must be explanatory of the budget and
((shall)) must contain an outline of the proposed financial policies of
the state for the ensuing fiscal period, as well as an outline of the
proposed six-year financial policies where applicable, and ((shall))
must describe in connection therewith the important features of the
budget. The biennial budget document or documents ((shall)) must also
describe performance indicators that demonstrate measurable progress
towards priority results. The message ((shall)) must set forth the
reasons for salient changes from the previous fiscal period in
expenditure and revenue items and ((shall)) must explain any major
changes in financial policy. Attached to the budget message ((shall))
must be such supporting schedules, exhibits and other explanatory
material in respect to both current operations and capital improvements
as the governor ((shall)) deems to be useful to the legislature. The
budget document or documents ((shall)) must set forth a proposal for
expenditures in the ensuing fiscal period, or six-year period where
applicable, based upon the estimated revenues and caseloads as approved
by the economic and revenue forecast council and caseload forecast
council or upon the estimated revenues and caseloads of the office of
financial management for those funds, accounts, sources, and programs
for which the forecast councils do not prepare an official forecast.
Revenues ((shall)) must be estimated for such fiscal period from the
source and at the rates existing by law at the time of submission of
the budget document, including the supplemental budgets submitted in
the even-numbered years of a biennium. However, the estimated revenues
and caseloads for use in the governor's budget document may be adjusted
to reflect budgetary revenue transfers and revenue and caseload
estimates dependent upon budgetary assumptions of enrollments,
workloads, and caseloads. All adjustments to the approved estimated
revenues and caseloads must be set forth in the budget document. The
governor may additionally submit, as an appendix to each supplemental,
biennial, or six-year agency budget or to the budget document or
documents, a proposal for expenditures in the ensuing fiscal period
from revenue sources derived from proposed changes in existing
statutes.
The budget document or documents ((shall)) must also contain:
(a) Revenues classified by fund and source for the immediately past
fiscal period, those received or anticipated for the current fiscal
period, and those anticipated for the ensuing biennium;
(b) The tax expenditure report prepared under RCW 43.06.400;
(c) The undesignated fund balance or deficit, by fund;
(((c))) (d) Such additional information dealing with expenditures,
revenues, workload, performance, and personnel as the legislature may
direct by law or concurrent resolution;
(((d))) (e) Such additional information dealing with revenues and
expenditures as the governor ((shall)) deems pertinent and useful to
the legislature;
(((e))) (f) Tabulations showing expenditures classified by fund,
function, and agency;
(((f))) (g) The expenditures that include nonbudgeted,
nonappropriated accounts outside the state treasury;
(((g))) (h) Identification of all proposed direct expenditures to
implement the Puget Sound water quality plan under chapter 90.71 RCW,
shown by agency and in total; and
(((h))) (i) Tabulations showing each postretirement adjustment by
retirement system established after fiscal year 1991, to include, but
not be limited to, estimated total payments made to the end of the
previous biennial period, estimated payments for the present biennium,
and estimated payments for the ensuing biennium.
(2) The budget document or documents ((shall)) must include
detailed estimates of all anticipated revenues applicable to proposed
operating or capital expenditures and ((shall)) must also include all
proposed operating or capital expenditures. The total of beginning
undesignated fund balance and estimated revenues less working capital
and other reserves shall equal or exceed the total of proposed
applicable expenditures. The budget document or documents ((shall))
must further include:
(a) Interest, amortization and redemption charges on the state
debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues ((shall)) must be given in
comparative form showing those incurred or received for the immediately
past fiscal period and those anticipated for the current biennium and
next ensuing biennium;
(g) A showing and explanation of amounts of general fund and other
funds obligations for debt service and any transfers of moneys that
otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing
contracts for the lease/purchase or acquisition of personal or real
property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general
fund and other funds required to amortize the unfunded actuarial
accrued liability of the retirement system specified under chapter
41.45 RCW, and the contributions to meet such amortization, stated in
total dollars and as a level percentage of total compensation.
(3) The governor's operating budget document or documents ((shall))
must reflect the statewide priorities as required by RCW 43.88.090.
(4) The governor's operating budget document or documents ((shall))
must identify activities that are not addressing the statewide
priorities.
(5) A separate capital budget document or schedule ((shall)) must
be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the
state that identifies and includes the highest priority needs within
affordable spending levels;
(b) A capital program consisting of proposed capital projects for
the next biennium and the two biennia succeeding the next biennium
consistent with the long-range facilities plan. Insomuch as is
practical, and recognizing emergent needs, the capital program
((shall)) must reflect the priorities, projects, and spending levels
proposed in previously submitted capital budget documents in order to
provide a reliable long-range planning tool for the legislature and
state agencies;
(c) A capital plan consisting of proposed capital spending for at
least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and
repair projects. The plan ((shall)) must include a prioritized list of
specific facility deficiencies and capital projects to address the
deficiencies for each agency, cost estimates for each project, a
schedule for completing projects over a reasonable period of time, and
identification of normal maintenance activities to reduce future
backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions
set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life
of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated
costs for the following project components: Acquisition, consultant
services, construction, equipment, project management, and other costs
included as part of the project. Project component costs ((shall))
must be displayed in a standard format defined by the office of
financial management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as
defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting
from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for
the acquisition of land or the capital improvement of land in which the
primary purpose of the acquisition or improvement is recreation or
wildlife habitat conservation, the capital budget document, or an
omnibus list of recreation and habitat acquisitions provided with the
governor's budget document, ((shall)) must identify the projected costs
of operation and maintenance for at least the two biennia succeeding
the next biennium. Omnibus lists of habitat and recreation land
acquisitions ((shall)) must include individual project cost estimates
for operation and maintenance as well as a total for all state projects
included in the list. The document ((shall)) must identify the source
of funds from which the operation and maintenance costs are proposed to
be funded;
(q) Such other information bearing upon capital projects as the
governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of
normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct by law or
concurrent resolution.
For purposes of this subsection (5), the term "capital project"
((shall)) must be defined subsequent to the analysis, findings, and
recommendations of a joint committee comprised of representatives from
the house capital appropriations committee, senate ways and means
committee, legislative evaluation and accountability program committee,
and office of financial management.
(6) No change affecting the comparability of agency or program
information relating to expenditures, revenues, workload, performance
and personnel ((shall)) may be made in the format of any budget
document or report presented to the legislature under this section or
RCW 43.88.160(1) relative to the format of the budget document or
report which was presented to the previous regular session of the
legislature during an odd-numbered year without prior legislative
concurrence. Prior legislative concurrence ((shall)) must consist of
(a) a favorable majority vote on the proposal by the standing
committees on ways and means of both houses if the legislature is in
session or (b) a favorable majority vote on the proposal by members of
the legislative evaluation and accountability program committee if the
legislature is not in session."
Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.
EFFECT: Requires tax preference expenditures to be incorporated into the state budget documents.