SB 193: "An Act relating to the state budget, to performance of state agencies, including the judicial branch, and to missions and desired results to be applied to certain expenditures by state agencies; and providing for an effective date."
00 SENATE BILL NO. 193 01 "An Act relating to the state budget, to performance of state agencies, including the 02 judicial branch, and to missions and desired results to be applied to certain expenditures 03 by state agencies; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 37.07.014(a) is amended to read: 06 (a) To carry out its legislative power under art. II, sec. 1, Constitution of the 07 State of Alaska, and to promote results-based government, the legislature shall issue a 08 mission statement for each agency and the desired results the legislature expects the 09 agency to [SHOULD] achieve in fulfilling its stated mission. The legislature may 10 issue a separate mission statement for a subunit of an agency. [A MISSION 11 STATEMENT AND DESIRED RESULTS SHOULD PROMOTE THE EFFICIENT, 12 MEASURED USE OF THE STATE'S RESOURCES.] A mission statement and 13 desired results constitute the authorized policy under which an agency shall operate, 14 and, where appropriate, the mission statement may be implemented by statute.
01 * Sec. 2. AS 37.07.014(b) is amended to read: 02 (b) The legislature shall provide for a budget review function that facilitates 03 [PROMOTES] results-based government. The legislature shall adopt a method of 04 measuring results for each agency. Until the legislature adopts a method of 05 measuring results for a particular program or agency activity, the agency shall 06 create the necessary strategies, measures, and targets for that program or activity 07 that meet the requirements of AS 37.07.050 to ensure the program or activity 08 complies with the mission statement and achieves the desired results. The results 09 of strategies, measures, and targets [MEASUREMENTS] shall be reported semi- 10 annually by each agency to the legislature. The reports shall be used by the legislature 11 to evaluate whether the mission and desired results for that agency or subunit of the 12 agency are achieving the purposes for which appropriations for use by that 13 agency or subunit were intended [BEING ACHIEVED]. 14 * Sec. 3. AS 37.07.014(c) is amended to read: 15 (c) The legislature shall analyze the comprehensive operating and capital 16 improvements programs and financial plans recommended by the governor. The 17 legislature shall, when making budgetary decisions, consider the performance of 18 the agency based on the mission statement and desired results and on the 19 achievements of the agency relative to its established targets. When submitting 20 their recommendations on appropriations for an agency, legislative finance 21 subcommittees shall include 22 (1) an analysis of the agency's performance relative to its missions 23 and measures; 24 (2) a statement of the extent to which the actions of the agency 25 conform to its mission statement; 26 (3) an analysis of the agency's progress toward achieving the 27 desired results set for it; 28 (4) a statement of actions taken by the agency in response to 29 findings of the most recent audit of its operations; 30 (5) recommended statutory or organizational changes necessary to 31 better achieve the agency's mission or accomplish its desired results.
01 * Sec. 4. AS 37.07.014(d) is amended to read: 02 (d) To foster results-based government, to carry out the mission statements, 03 and to obtain desired results, the legislature shall authorize the comprehensive 04 operating and capital improvements programs and financial plans. The legislature shall 05 allocate the state's resources for effective and efficient delivery of public services by 06 (1) clearly identifying desired results; 07 (2) confirming priorities presented by each agency or setting 08 priorities if an agency presentation is not acceptable; 09 (3) assigning accountability; and 10 (4) using methods for measuring, reporting, and evaluating results. 11 * Sec. 5. AS 37.07.014(f) is amended to read: 12 (f) To help fulfill the legislature's responsibilities under this section and 13 achieve results-based government, each agency shall 14 (1) allocate resources to achieve the mission and desired results 15 established by the legislature; 16 (2) express desired results established by the legislature and other 17 program results in measurable terms; 18 (3) measure progress towards mission statements and desired results 19 established by the legislature and other results; 20 (4) except as otherwise required by law, start only [PROMOTE] 21 activities consistent with mission statements and desired results established by the 22 legislature [THAT REDUCE OR AVOID FUTURE COSTS]; 23 (5) plan for the short-term and the long-term using consistent 24 assumptions for major demographic and other trends; and 25 (6) require accountability at all levels for meeting program mission 26 statements and desired results established by the legislature. 27 * Sec. 6. AS 37.07.050(a) is amended to read: 28 (a) The agencies shall establish and maintain [ASSURE THE 29 DEVELOPMENT OF] a statewide system of results-based government designed to 30 increase efficiency and effectiveness of state programs and services. Toward that end, 31 each state agency shall, on a semi-annual basis, report to the legislature on the
01 effectiveness of its statewide system of results-based government. The report 02 must identify the results-based targets and measures used to achieve the desired 03 results established by the legislature, analyze the relative success of each strategy 04 and the actions that were taken to achieve those results, identify actions that 05 failed to achieve satisfactory progress toward achieving desired results and the 06 corrective actions that will be taken, provide a narrative analysis discussing why 07 actions were or were not successful as well as recent or future changes that could 08 affect the agency's ability to achieve the desired results, and proposed new 09 strategies and measures that will more effectively achieve the desired results 10 [IDENTIFY RESULTS-BASED MEASURES THAT HAVE BEEN USED TO 11 WORK TOWARD ACHIEVEMENT OF THE MISSION STATEMENT AND 12 DESIRED RESULTS ISSUED BY THE LEGISLATURE AND OF OTHER GOALS 13 OF THE AGENCY, AND SET OUT THE RESULTS AS MEASURED]. Each state 14 agency shall also prepare information that shall be compiled and submitted on 15 December 15 each year to the office, the legislature, and the legislative finance 16 division. This [; THIS] information must 17 (1) identify the agency mission and desired results established by the 18 legislature; 19 (2) identify the goals and objectives the agency will use to achieve the 20 legislature's mission and desired results; 21 (3) set out the results of any user group or employee surveys and, if 22 the results do not agree with the mission and desired results, goals, and objectives, 23 explain why; 24 (4) include written, defined methods of measuring results that apply to 25 the responsibilities, products, and services of the agency; 26 (5) identify and report on the effectiveness of results-based 27 strategies and measures [THAT HAVE BEEN] used to achieve [WORK TOWARD 28 ACHIEVEMENT OF] the mission statement and desired results issued by the 29 legislature and other goals of the agency [AND SET OUT THE RESULTS AS 30 MEASURED]; 31 (6) identify surveys or other methods of gathering user group and
01 employee opinions that have been used by the agency to identify ways to improve its 02 programs; 03 (7) identify methods of measuring performance when the mission 04 statement and desired results issued by the legislature involve more than one agency 05 and make recommendations to 06 (A) eliminate duplication of government functions and waste; 07 (B) encourage and improve collaboration by agencies in 08 shared functions and accountability to enhance the ability of the state to 09 function more effectively and efficiently; 10 (C) improve the ability of each agency to achieve its mission 11 statement and desired results; 12 (8) identify ways in which the agency has involved its employees in 13 the development of methods of measuring and achieving results, including 14 opportunities for employee representatives to participate in committees established to 15 develop methods of measuring results and strategies for achieving results; 16 (9) include the budget requested to carry out the agency's proposed 17 plans in the succeeding fiscal year, including information reflecting the expenditures 18 during the last fiscal year, the expenditures authorized for the current fiscal year, the 19 expenditures proposed for the succeeding fiscal year, an explanation of the services to 20 be provided, the number of total positions for all persons employed by or under 21 contract with [BY] the agency for personal services including those rendered for 22 capital improvement projects, the need for the services, the cost of the services, and 23 other information requested by the office; 24 (10) include a report of agency receipts during the last fiscal year, an 25 estimate of receipts during the current fiscal year, and an estimate of receipts for the 26 succeeding fiscal year; 27 (11) identify legislation required to implement the proposed programs 28 and financial plans; 29 (12) include an evaluation of the advantages and disadvantages of 30 specific alternatives to existing or proposed agency activities or administrative 31 methods;
01 (13) prioritize the activities of the agency from the most important to 02 the least important; in this paragraph, an activity is all or part of a program or 03 function that would be discontinued or would not be started if an appropriation 04 were not available to fund the activity, and it is not the agency, subagency, or 05 other entity that performs the activity; 06 (14) for each new budget item, identify the mission and desired 07 results the new item is intended to address; and 08 (15) as appropriate, identify other agencies that perform functions 09 that are needed by the reporting agency to accomplish a mission or desired 10 result. 11 * Sec. 7. AS 37.07.050(h) is amended to read: 12 (h) Each agency shall, with participation of its employees, develop methods 13 for measuring agency results. A group or committee established by an agency to 14 develop methods of measuring results shall include a representative of each of the 15 bargaining units that represents employees of the agency. The agency shall develop 16 targets and measurements for each of the following categories: 17 (1) efficiency; 18 (2) accessibility to users and other agencies; 19 (3) confidentiality and data security; 20 (4) timeliness; 21 (5) consistency; 22 (6) productivity; 23 (7) innovation; 24 (8) application of technological advancements. 25 * Sec. 8. AS 37 is amended by adding a new chapter to read: 26 Chapter 40. Operating Budget Expenditures. 27 Sec. 37.40.010. Legislative purpose, application, immunity from suit. (a) 28 The purpose of this chapter is to state the missions and desired results the legislature 29 expects state agencies to achieve when expending public money appropriated by the 30 operating budget, to define the measurement criteria to be used in evaluating proposed 31 expenditures during the budgetary approval process, and to specify a process for
01 identifying improvement targets in conjunction with the appropriation process. 02 (b) This section applies to the departments of the executive branch of state 03 government, the University of Alaska, and the judicial branch. 04 (c) The judicial branch and all departments, divisions, and programs of the 05 executive branch of state government, including the University of Alaska shall be held 06 accountable by the legislature for their actions, including compliance with the 07 recommendations of legislative audits as directed by the legislature. 08 (d) Except as provided in (e) of this section, to the extent that provisions of 09 this chapter conflict with other laws, the other laws control. 10 (e) Notwithstanding other laws, the state and its agents and employees are 11 immune from suit that is based on accomplishing or failing to accomplish a mission or 12 desired result under this chapter, or failure to achieve a target established under those 13 sections. 14 Sec. 37.40.020. Department of Education and Early Development. The 15 mission of the Department of Education and Early Development is to provide quality 16 standards-based instruction to improve academic achievement for all students, and to 17 give parents choices for excellent education of their children. The desired results for 18 this department are to 19 (1) increase, by three percent each year, student skills in reading, 20 writing, and mathematics as measured by the statewide comprehensive accountability 21 plan; 22 (2) increase classroom safety and improve student behavior and health 23 according to standards set by school safety, health, and behavior committees; success 24 shall be measured by the availability of standards for each school on the school's 25 website; the names of parents and community members involved in determining the 26 initial standards shall be posted by August 31, 2009; 27 (3) reduce the number of instances of child abuse, including sexual 28 abuse or sexual assault, by ensuring that all staff members report instances of child 29 abuse, sexual abuse, or sexual assault within two hours after becoming aware of them; 30 (4) ensure that all parents have easy and ready access to all sex 31 education materials taught at their children's schools;
01 (5) ensure that all parents are offered clear and easy opportunities, on 02 behalf of their children, to opt out of sex education instruction; 03 (6) ensure that all students, while on school grounds or participating in 04 school events, are free from exposure to pornography; 05 (7) ensure that all school districts maintain the ability to hire any 06 qualified teacher; 07 (8) ensure that all students attend mandatory classes that explain the 08 benefits of sexual abstinence; 09 (9) reduce obesity among students so that, each year, an additional 10 seven percent of students considered obese the previous year are no longer obese; 11 (10) ensure that schools do not provide or sell food or drinks that are 12 known to contribute to obesity or diabetes or are determined by the parents of the 13 community to be unhealthy; 14 (11) increase the number of WWAMI program graduates who return to 15 the state to practice medicine. 16 * Sec. 9. This Act takes effect July 1, 2008.