Legislators: Restoring voter trust is simple
Model performance audit legislation
Legislators said they understood the message voters sent with the defeat
of Referendum 51 last November: No more taxes without accountability. Period.
As a result, "accountability" is the new buzzword in Olympia.
Several bills have been passed this year with the title "performance
audits," but a close look shows the bills don't measure up. True accountability
will only come with independent, comprehensive performance
audits that meet nationally recognized standards. Defined by the U.S. General
Accounting Office Auditing Standards (a.k.a. Yellow Book), those standards
include:
Independence. Auditors must be independent (both in fact
and appearance) from personal, external, and organizational impairments
to independence.
Sufficient, competent, and relevant evidence must be obtained.
Self assessments do not count.
Efficiency, economy and effectiveness (program audits)
are the three standards that define performance audits. They form a three-legged
stool.
Comprehensive written reports must be communicated to designated
authorities in a timely fashion.
All performance audits should follow generally accepted government
auditing standards.
If legislators are truly interested in true performance audits, they might
consider this simple model legislation:
Model Performance Audit Legislation
Intent
Fair, independent, performance audits of state agencies by the State Auditor
are essential to improving the economy, efficiency and effectiveness of
state government.
Review of State Agencies
(a) The State Auditor shall periodically review and analyze the economy,
efficiency and effectiveness of the policies, management, fiscal affairs,
and operations of state government. These performance audits shall be conducted
in accordance with the U.S. General Accounting Office Government Auditing
Standards.
(b) The State Auditor shall report the findings of the review and analysis
to the Governor, Senate majority leader, Speaker of the House, and post
it on the State Auditor's web page.
(c) The legislature must consider the State Auditor reports in connection
with the legislative appropriations process. An annual report will be submitted
by the Joint Legislative Audit Review Committee by July 1 of each year detailing
the status of the legislative implementation of the State Auditor's recommendations.
(d) State government means a state agency, department, office, officer,
board commission, bureau, division, institution, or institution of higher
education. This includes individual state agencies and programs as well
as those programs and activities that cross agency lines. State government
includes all elective offices in the executive branch of government and
includes the Judicial and Legislative branches.
(e) The performance audits shall be funded by 2/100 of a percent (.02%)
of the total general fund budget.
This simple authorization for performance audits works. Similar legislation
in Texas has allowed their independently elected Comptroller (auditor) to
identify $19 billion in savings over the last decade, $9 billion of which
was adopted on a bipartisan basis.
Prepared by Bob Williams, President
and Senior Research Analyst (360) 956-3482
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"