BILL REQ. #: S-3420.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/27/12. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to cellular telephone use by state employees; amending RCW 43.88.160; and adding new sections to chapter 43.41A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 43.41A RCW
to read as follows:
(1) The office of the chief information officer shall contract with
a private optimization specialist to develop a strategy to match the
state's actual cellular telephone usage with the most cost-effective
delivery of those services. The office shall assist state agencies in
developing and implementing agency-wide cellular telephone use
policies.
(2) In developing strategies, the chief information officer shall
consider all possible cost savings measures, including the following:
(a) Providing employees with a flat rate reimbursement for the use
of their personal cellular telephones;
(b) Utilizing prepaid cellular telephone plans;
(c) Removing underutilized cellular telephones from service; and
(d) Limiting the use of cellular telephones to employees that use
cellular telephones as an integral part of their jobs.
(3) The office of the chief information officer shall report to the
appropriate committees of the legislature on the findings and
recommendations of the optimization specialist, the progress made in
developing a statewide policy on cellular telephone use, the
implementation timeline of any new cellular telephone use policy, the
cost savings that have occurred or will occur as a result of any new
policy, and recommendations for legislation that will promote reduced
use or more efficient use of cellular telephones within state
government.
NEW SECTION. Sec. 2 A new section is added to chapter 43.41A RCW
to read as follows:
(1) No state agency or department may issue cellular telephones to
any state employee, other than an elected official, unless one of the
following apply:
(a) The employee is the head of a department or agency and the use
of a cellular telephone is necessary for the effective execution of his
or her duties;
(b) The employee is a director within a department or agency and
the use of a cellular telephone is necessary for the effective
execution of his or her duties; or
(c) Due to the nature of the employee's work environment, the use
of a cellular telephone is integral to the safety of the employee in
the execution of his or her duties.
(2) To the extent that it is financially beneficial, all state
agencies shall utilize prepaid cellular telephone services. This
subsection shall not be construed to prohibit the use of other types of
cellular telephone service contracts if those contracts are determined
to have a greater financial benefit to the state.
Sec. 3 RCW 43.88.160 and 2006 c 1 s 6 are each amended to read as
follows:
This section sets forth the major fiscal duties and
responsibilities of officers and agencies of the executive branch. The
regulations issued by the governor pursuant to this chapter shall
provide for a comprehensive, orderly basis for fiscal management and
control, including efficient accounting and reporting therefor, for the
executive branch of the state government and may include, in addition,
such requirements as will generally promote more efficient public
management in the state.
(1) Governor; director of financial management. The governor,
through the director of financial management, shall devise and
supervise a modern and complete accounting system for each agency to
the end that all revenues, expenditures, receipts, disbursements,
resources, and obligations of the state shall be properly and
systematically accounted for. The accounting system shall include the
development of accurate, timely records and reports of all financial
affairs of the state. The system shall also provide for central
accounts in the office of financial management at the level of detail
deemed necessary by the director to perform central financial
management. The director of financial management shall adopt and
periodically update an accounting procedures manual. Any agency
maintaining its own accounting and reporting system shall comply with
the updated accounting procedures manual and the rules of the director
adopted under this chapter. An agency may receive a waiver from
complying with this requirement if the waiver is approved by the
director. Waivers expire at the end of the fiscal biennium for which
they are granted. The director shall forward notice of waivers granted
to the appropriate legislative fiscal committees. The director of
financial management may require such financial, statistical, and other
reports as the director deems necessary from all agencies covering any
period.
(2) Except as provided in chapter 43.88C RCW, the director of
financial management is responsible for quarterly reporting of primary
operating budget drivers such as applicable workloads, caseload
estimates, and appropriate unit cost data. These reports shall be
transmitted to the legislative fiscal committees or by electronic means
to the legislative evaluation and accountability program committee.
Quarterly reports shall include actual monthly data and the variance
between actual and estimated data to date. The reports shall also
include estimates of these items for the remainder of the budget
period.
(3) The director of financial management shall report at least
annually to the appropriate legislative committees regarding the status
of all appropriated capital projects, including transportation
projects, showing significant cost overruns or underruns. If funds are
shifted from one project to another, the office of financial management
shall also reflect this in the annual variance report. Once a project
is complete, the report shall provide a final summary showing estimated
start and completion dates of each project phase compared to actual
dates, estimated costs of each project phase compared to actual costs,
and whether or not there are any outstanding liabilities or unsettled
claims at the time of completion.
(4) In addition, the director of financial management, as agent of
the governor, shall:
(a) Develop and maintain a system of internal controls and internal
audits comprising methods and procedures to be adopted by each agency
that will safeguard its assets, check the accuracy and reliability of
its accounting data, promote operational efficiency, and encourage
adherence to prescribed managerial policies for accounting and
financial controls. The system developed by the director shall include
criteria for determining the scope and comprehensiveness of internal
controls required by classes of agencies, depending on the level of
resources at risk.
Each agency head or authorized designee shall be assigned the
responsibility and authority for establishing and maintaining internal
audits following the standards of internal auditing of the institute of
internal auditors;
(b) Make surveys and analyses of agencies with the object of
determining better methods and increased effectiveness in the use of
manpower and materials; and the director shall authorize expenditures
for employee training to the end that the state may benefit from
training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care
services;
(d) Report to the governor with regard to duplication of effort or
lack of coordination among agencies;
(e) Review any pay and classification plans, and changes
thereunder, developed by any agency for their fiscal impact: PROVIDED,
That none of the provisions of this subsection shall affect merit
systems of personnel management now existing or hereafter established
by statute relating to the fixing of qualifications requirements for
recruitment, appointment, or promotion of employees of any agency. The
director shall advise and confer with agencies including appropriate
standing committees of the legislature as may be designated by the
speaker of the house and the president of the senate regarding the
fiscal impact of such plans and may amend or alter the plans, except
that for the following agencies no amendment or alteration of the plans
may be made without the approval of the agency concerned: Agencies
headed by elective officials;
(f) Fix the number and classes of positions or authorized employee
years of employment for each agency and during the fiscal period amend
the determinations previously fixed by the director except that the
director shall not be empowered to fix the number or the classes for
the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a) through
(f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not
expressly required by law to be received, kept, and disbursed by some
other persons: PROVIDED, That this subsection shall not apply to those
public funds of the institutions of higher learning which are not
subject to appropriation;
(b) Receive, disburse, or transfer public funds under the
treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and
disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and
other payment methods, if the agencies have received authorization
under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by
regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in
the treasury except upon forms or by alternative means duly prescribed
by the director of financial management. These forms or alternative
means shall provide for authentication and certification by the agency
head or the agency head's designee that the services have been rendered
or the materials have been furnished; or, in the case of loans or
grants, that the loans or grants are authorized by law; or, in the case
of payments for periodic maintenance services to be performed on state
owned equipment, that a written contract for such periodic maintenance
services is currently in effect; and the treasurer shall not be liable
under the treasurer's surety bond for erroneous or improper payments so
made. Notwithstanding this subsection, payments may be disbursed for
prepaid cellular telephone services, if the purchase of the prepaid
cellular telephone services is part of a strategy to contain the cost
related to the use of cellular telephones within any agency or
department. When services are lawfully paid for in advance of full
performance by any private individual or business entity other than
equipment maintenance providers or as provided for by RCW 42.24.035,
such individual or entity other than central stores rendering such
services shall make a cash deposit or furnish surety bond coverage to
the state as shall be fixed in an amount by law, or if not fixed by
law, then in such amounts as shall be fixed by the director of the
department of ((general administration)) enterprise services but in no
case shall such required cash deposit or surety bond be less than an
amount which will fully indemnify the state against any and all losses
on account of breach of promise to fully perform such services. No
payments shall be made in advance for any equipment maintenance
services to be performed more than twelve months after such payment.
Any such bond so furnished shall be conditioned that the person, firm
or corporation receiving the advance payment will apply it toward
performance of the contract. The responsibility for recovery of
erroneous or improper payments made under this section shall lie with
the agency head or the agency head's designee in accordance with
regulations issued pursuant to this chapter. Nothing in this section
shall be construed to permit a public body to advance funds to a
private service provider pursuant to a grant or loan before services
have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits
that have been made of the financial transactions of each agency; to
this end the auditor may, in the auditor's discretion, examine the
books and accounts of any agency, official, or employee charged with
the receipt, custody, or safekeeping of public funds. Where feasible
in conducting examinations, the auditor shall utilize data and findings
from the internal control system prescribed by the office of financial
management. The current post audit of each agency may include a
section on recommendations to the legislature as provided in (c) of
this subsection.
(b) Give information to the legislature, whenever required, upon
any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The
report shall be for the last complete fiscal period and shall include
determinations as to whether agencies, in making expenditures, complied
with the laws of this state. The state auditor is authorized to
perform or participate in performance verifications and performance
audits as expressly authorized by the legislature in the omnibus
biennial appropriations acts or in the performance audit work plan
approved by the joint legislative audit and review committee. The
state auditor, upon completing an audit for legal and financial
compliance under chapter 43.09 RCW or a performance verification, may
report to the joint legislative audit and review committee or other
appropriate committees of the legislature, in a manner prescribed by
the joint legislative audit and review committee, on facts relating to
the management or performance of governmental programs where such facts
are discovered incidental to the legal and financial audit or
performance verification. The auditor may make such a report to a
legislative committee only if the auditor has determined that the
agency has been given an opportunity and has failed to resolve the
management or performance issues raised by the auditor. If the auditor
makes a report to a legislative committee, the agency may submit to the
committee a response to the report. This subsection (6) shall not be
construed to authorize the auditor to allocate other than de minimis
resources to performance audits except as expressly authorized in the
appropriations acts or in the performance audit work plan. The results
of a performance audit conducted by the state auditor that has been
requested by the joint legislative audit and review committee must only
be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that
have been incurred by any agency or to take exception to other
practices related in any way to the agency's financial transactions and
to cause such exceptions to be made a matter of public record,
including disclosure to the agency concerned and to the director of
financial management. It shall be the duty of the director of
financial management to cause corrective action to be taken within six
months, such action to include, as appropriate, the withholding of
funds as provided in RCW 43.88.110. The director of financial
management shall annually report by December 31st the status of audit
resolution to the appropriate committees of the legislature, the state
auditor, and the attorney general. The director of financial
management shall include in the audit resolution report actions taken
as a result of an audit including, but not limited to, types of
personnel actions, costs and types of litigation, and value of recouped
goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40
RCW.
(((g))) In addition to the authority given to the state auditor in
this subsection (6), the state auditor is authorized to conduct
performance audits identified in RCW 43.09.470. Nothing in this
subsection (6) shall limit, impede, or restrict the state auditor from
conducting performance audits identified in RCW 43.09.470.
(7) The joint legislative audit and review committee may:
(a) Make post audits of the financial transactions of any agency
and management surveys and program reviews as provided for in chapter
44.28 RCW as well as performance audits and program evaluations. To
this end the joint committee may in its discretion examine the books,
accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative
committee whenever required upon any subject relating to the
performance and management of state agencies.
(c) Make a report to the legislature which shall include at least
the following:
(i) Determinations as to the extent to which agencies in making
expenditures have complied with the will of the legislature and in this
connection, may take exception to specific expenditures or financial
practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the
state's credit, for lessening expenditures, for promoting frugality and
economy in agency affairs, and generally for an improved level of
fiscal management.