BILL REQ. #:  S-0260.1 

Read first time 01/15/13.   Referred to Committee on Ways & Means.

     AN ACT Relating to incorporating state tax expenditures into the state budget process; amending RCW 43.06.400 and 43.88.030; and adding a new section to chapter 43.88 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.88 RCW to read as follows:
     (1) The omnibus operating appropriations bill enacted by the legislature must include:
     (a) A tax expenditure section or sections listing all discretionary state tax expenditures together with an estimate of the state revenue impact associated with each discretionary state tax expenditure;
     (b) A section stating the total estimated revenue impact from all discretionary state tax expenditures, total appropriations, and total state expenditures representing the sum of discretionary state tax expenditures and appropriations; and
     (c) A section stating the total state revenue impact from all nondiscretionary 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, "discretionary state tax expenditure" means a tax preference, as defined in RCW 43.136.021, that impacts revenues appropriated in the omnibus operating appropriations bill and that is not required by the state Constitution, federal Constitution, or federal law.

Sec. 2   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 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 is not required 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 that would not be likely to increase state revenue if the exemption was repealed or otherwise eliminated.

Sec. 3   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.
     (2) 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))) (3) 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)) must 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))) (4) The governor's operating budget document or documents ((shall)) must reflect the statewide priorities as required by RCW 43.88.090.
     (((4))) (5) The governor's operating budget document or documents ((shall)) must identify activities that are not addressing the statewide priorities.
     (((5))) (6)(a) A separate capital budget document or schedule ((shall)) must be submitted that ((will)) contains the following:
     (((a)))(i) 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))) (ii) 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))) (iii) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;
     (((d))) (iv) 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))) (v) A statement of the reason or purpose for a project;
     (((f))) (vi) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
     (((g))) (vii) A statement about the proposed site, size, and estimated life of the project, if applicable;
     (((h))) (viii) Estimated total project cost;
     (((i))) (ix) 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))) (x) Estimated total project cost for each phase of the project as defined by the office of financial management;
     (((k))) (xi) Estimated ensuing biennium costs;
     (((l))) (xii) Estimated costs beyond the ensuing biennium;
     (((m))) (xiii) Estimated construction start and completion dates;
     (((n))) (xiv) Source and type of funds proposed;
     (((o))) (xv) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;
     (((p))) (xvi) 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))) (xvii) Such other information bearing upon capital projects as the governor deems to be useful;
     (((r))) (xviii) Standard terms, including a standard and uniform definition of normal maintenance, for all capital projects;
     (((s))) (xix) Such other information as the legislature may direct by law or concurrent resolution.
     (b) For purposes of this subsection (((5))) (6), 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))) (7) 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.