House of Representatives
Office of Program Research
Government Operations & Elections Committee
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.
Brief Description: Requiring agreements between state agencies and the federal government to be reported to the legislature.
Sponsors: Representatives Shea, Overstreet, Taylor, Condotta, MacEwen and Pollet.
Hearing Date: 1/22/13
Staff: Jasmine Vasavada (786-7301).
State agencies administer a variety of programs, as authorized by state law. Some of these programs are also governed by federal laws or rules and may be supported with federal funds.
The Legislature is responsible for enacting state budgets on a two-year cycle. Through appropriations bills, the Legislature authorizes the amount of money each state agency can spend and, in varying degrees of detail, directs agencies where and how to spend it. Although state agencies must generally operate within the budgetary limits imposed by legislation, state agencies regularly enter into a wide variety of agreements with the federal government. These agreements may require the commitment of state resources, sometimes in the form of monetary payments by the state, but also through the commitment of personnel or facilities to implement programs, which may have a fiscal impact.
Summary of Bill:
Each state agency must submit an annual report describing each agreement with the federal government that requires the agency to take action or otherwise expend state resources. "Agency" is defined to include every state office, officer, employee, institution, department, board, and commission. "Agreement" is defined to include any contract, agreement, memorandum of understanding, or other arrangement between a state agency and the federal government that requires an agency or other state governmental entity to take action or otherwise expend state resources in order to comply with the terms of the agreement.
On or before November 1 of each year, the agency must submit the report to the Speaker and Minority Leader of the House of Representatives, the majority and minority leaders of the Senate, and the Governor.
Minimum requirements for the report are established. These include a description of the type of agreement, its purposes, goals, and benefits, the resulting revenues or fiscal impacts (including dollar amounts), and the legal basis for the agreement. The report must also identify the agencies entering into the agreement and identify every individual who participated in the creation, negotiation, or approval of the agreement on behalf of the state.
The act applies to all agreements entered into or renewed on or after July 1, 2013 and all agreements in effect as of the effective date of the act.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.