SENATE BILL REPORT

SB 5734

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Governmental Operations, February 22, 2013

Title: An act relating to continuing the use of the legislature's sunset review process.

Brief Description: Continuing the use of the legislature's sunset review process.

Sponsors: Senators Kohl-Welles, Parlette and Schlicher; by request of Joint Legislative Audit and Review Committee Executive Committee.

Brief History:

Committee Activity: Governmental Operations: 2/22/13 [DP].

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Majority Report: Do pass.

Signed by Senators Roach, Chair; Benton, Vice Chair; Hasegawa, Ranking Member; Braun and Fraser.

Staff: Karen Epps (786-7424)

Background: The Legislature may schedule a program or agency to be terminated under the sunset review process. The Joint Legislative Audit and Review Committee (JLARC) must conduct a review of the program or agency and provide a preliminary report to the Office of Financial Management (OFM) during the year prior to the termination date. JLARC must submit a final report to OFM and the Legislature.

Entities scheduled to sunset must establish performance measures and develop a data collection plan subject to review and comment by JLARC. The Sunset Act establishes factors that must be considered by JLARC when conducting its review of the entity. If an entity is terminated under the sunset review process, it continues its existence until June 30 of the next succeeding year, in order to conclude its business.

The sunset review process is set to expire on June 30, 2015.

Summary of Bill: The termination date for the sunset review process is extended until June 30, 2025.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: Sunset reviews are conducted by JLARC. JLARC has done over 113 sunset reviews since the Sunset Act was enacted in 1977. This bill is a request bill from the executive committee of JLARC. This bill extends the expiration date until 2025. JLARC's conducting of sunset reviews is something that can be very helpful to the Legislature especially if the Legislature considers that an agency or a program should be terminated. JLARC makes recommendations to the Legislature after a careful review. There are some sunset reviews already scheduled for 2016, 2018, 2019, and 2021.

OTHER: Out of the 113 sunset reviews that have been done, about 36 of those programs or agencies have been terminated. If the Legislature decides that the program or agency should expire, there is already a termination date written into the Washington Administrative Code and the Legislature does not have to take action. In order to extend a program or agency, the Legislature must make an affirmative action to extend the expiration date.

Persons Testifying: PRO: Senator Kohl-Welles, prime sponsor.

OTHER: Keenan Konopaski, Legislative Auditor, JLARC (responded to questions).