Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                ENGROSSED SUBSTITUTE SENATE BILL 5187
                       Chapter 475, Laws of 2023
                               (partial veto)
                               68th Legislature
                             2023 Regular Session
                               OPERATING BUDGET
                      EFFECTIVE DATE: May 16, 2023
Passed by the Senate April 23, 2023                  CERTIFICATE
  Yeas 37 Nays 12
                                        I, Sarah Bannister, Secretary of
                                        the   Senate   of  the   State   of
              DENNY HECK                Washington, do hereby certify that
President of the Senate                 the     attached   is     ENGROSSED
                                        SUBSTITUTE SENATE BILL 5187      as
                                        passed by the Senate and the House
                                        of Representatives on the dates
Passed by the House April 23, 2023      hereon set forth.
  Yeas 58 Nays 40
                                                   SARAH BANNISTER
            LAURIE JINKINS
                                                                     Secretary
Speaker of the House of
Representatives
Approved May 16, 2023 11:51 AM with                     FILED
the exception of sections 124(5),
129(80), 129(92), 132(20), 147(7),                   May 17, 2023
153(8), 202(26), 207(2), 207(3),
211(31), 223(5)(a), 223(6)(e),
223(7)(b), 225(20), 228(17), 310(38),
729, 743, 1220(4), page 1105, line
39, page 1106, line 1, 1517(47)(o),
1612(3), 1708, 119(3), 308(36), and
215(110), which are vetoed.
                                                  Secretary of State
              JAY INSLEE                          State of Washington
Governor of the State of Washington
                     ENGROSSED SUBSTITUTE SENATE BILL 5187
                   AS RECOMMENDED BY THE CONFERENCE COMMITTEE
                   Passed Legislature - 2023 Regular Session
     State of Washington         68th Legislature       2023 Regular Session
     By Senate Ways & Means (originally sponsored by Senators Rolfes,
     Robinson, and Nguyen; by request of Office of Financial Management)
     READ FIRST TIME 03/28/23.
     AN ACT Relating to fiscal matters; amending RCW 16.76.030,
 19.02.210,    28B.76.526,    28B.92.205,    28B.93.060,     28B.115.070,
 41.05.120, 41.26.450, 43.09.475, 43.79.555, 43.79.567, 43.320.110,
 50.24.014,     70.48.801,    70A.65.100,     70A.65.250,     70A.65.260,
 70A.305.180,   74.46.561,   79.64.040,   79A.25.210,   28B.76.526,   and
 74.46.561; amending 2022 c 180 s 104, 2022 c 297 ss 101, 102, 103,
 113, 114, 116, 117, 120, 121, 122, 126, 128, 129, 130, 133, 134, 135,
 136, 137, 141, 142, 143, 146, 147, 148, 150, 201, 202, 203, 204, 205,
 206, 207, 208, 209, 210, 211, 214, 215, 216, 218, 219, 220, 221, 222,
 223, 225, 226, 227, 228, 229, 230, 301, 303, 304, 305, 306, 307, 308,
 310, 311, 312, 402, 501, 504, 505, 506, 507, 508, 509, 510, 511, 512,
 513, 515, 516, 517, 518, 520, 522, 602, 603, 604, 605, 606, 607, 608,
 609, 610, 612, 613, 614, 615, 616, 702, 703, 704, 713, 714, 723, 731,
 705, 801, 802, 803, and 804, and 2021 c 334 ss 109 and 110
 (uncodified); reenacting and amending RCW 43.101.200, 43.155.050,
 70A.65.030, 71.24.580, 79.64.110, and 70A.65.030; adding a new
 section to 2022 c 297 (uncodified); creating new sections; repealing
 2021 c 334 s 984; making appropriations; providing expiration dates;
 and declaring an emergency.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
                                       p. 1                     ESSB 5187.SL
     NEW SECTION.    Sec. 1.     (1) A budget is hereby adopted and,
 subject to the provisions set forth in the following sections, the
 several amounts specified in parts I through IX of this act, or so
 much thereof as shall be sufficient to accomplish the purposes
 designated, are hereby appropriated and authorized to be incurred for
 salaries, wages, and other expenses of the agencies and offices of
 the state and for other specified purposes for the fiscal biennium
 beginning July 1, 2023, and ending June 30, 2025, except as otherwise
 provided, out of the several funds of the state hereinafter named.
     (2)   Unless  the   context    clearly  requires   otherwise,   the
 definitions in this section apply throughout this act.
     (a) "ARPA" means the American rescue plan act of 2021, P.L.
 117-2.
     (b)   "CRRSA"   means   the   coronavirus   response   and   relief
 supplemental appropriations act, P.L. 116-260, division M.
     (c) "CRRSA/ESSER" means the elementary and secondary school
 emergency relief fund, as modified by the coronavirus response and
 relief supplemental appropriations act, P.L. 116-260, division M.
     (d) "Fiscal year 2024" or "FY 2024" means the fiscal year ending
 June 30, 2024.
     (e) "Fiscal year 2025" or "FY 2025" means the fiscal year ending
 June 30, 2025.
     (f) "FTE" means full time equivalent.
     (g) "Lapse" or "revert" means the amount shall return to an
 unappropriated status.
     (h) "Provided solely" means the specified amount may be spent
 only for the specified purpose. Unless otherwise specifically
 authorized in this act, any portion of an amount provided solely for
 a specified purpose which is not expended subject to the specified
 conditions and limitations to fulfill the specified purpose shall
 lapse.
     (3) Whenever the terms in subsection (2)(a) through (c) of this
 section   are   used   in   the    context   of   a   general   fund—federal
 appropriation, the term is used to attribute the funding to that
 federal act.
                                   PART I
                             GENERAL GOVERNMENT
     NEW SECTION.   Sec. 101.      FOR THE HOUSE OF REPRESENTATIVES
                                          p. 2                       ESSB 5187.SL
 General Fund—State Appropriation (FY 2024). . . . . . . . $59,938,000
 General Fund—State Appropriation (FY 2025). . . . . . . . $62,150,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .          $122,088,000
     NEW SECTION.   Sec. 102.   FOR THE SENATE
 General Fund—State Appropriation (FY 2024). . . . . . . . $44,398,000
 General Fund—State Appropriation (FY 2025). . . . . . . . $47,773,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $92,171,000
     The appropriations in this section are subject to the following
 conditions   and   limitations:   $260,000   of   the   general    fund—state
 appropriation for fiscal year 2024 and $270,000 of the general fund—
 state appropriation for fiscal year 2025 are provided solely for the
 payment of membership dues to the council of state governments, the
 national conference of state legislatures, the pacific northwest
 economic region, the pacific fisheries legislative task force, and
 the western legislative forestry task force.
     NEW SECTION.     Sec. 103.     FOR THE JOINT LEGISLATIVE AUDIT AND
 REVIEW COMMITTEE
 Performance Audits of Government Account—State
     Appropriation. . . . . . . . . . . . . . . . . . . .           $14,936,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .           $14,936,000
     The appropriations in this section are subject to the following
 conditions and limitations:
     (1) Notwithstanding the provisions of this section, the joint
 legislative audit and review committee may adjust the due dates for
 projects included on the committee's 2023-2025 work plan as necessary
 to efficiently manage workload.
     (2) $250,000 of the performance audits of government account—
 state appropriation is for tax preference review costs from
 legislation enacted in the 2023 session.
     (3) $1,503,000 of the performance audits of government account—
 state appropriation is for implementation of Engrossed Substitute
 House Bill No. 1436 (special education funding). If the bill is not
 enacted by June 30, 2023, the amount provided in this subsection
 shall lapse.
     (4) $626,000 of the performance audits of government account—
 state appropriation is for the audit required in Engrossed Second
                                        p. 3                           ESSB 5187.SL
 Substitute Senate Bill No. 5080 (cannabis social equity). If the bill
 is not enacted by June 30, 2023, the amount provided in this
 subsection shall lapse.
     (5) Within the amount appropriated in this section, the joint
 legislative audit and review committee shall conduct a review of the
 state's recreational boating programs. The committee shall complete
 the review by December 1, 2024. This review shall include examination
 of the following:
     (a) Revenue sources for state recreational boating programs;
     (b) Expenditures for state boating programs;
     (c)   Methods   of   administrating   state  recreational   boating
 programs, including the roles of both state and local government
 entities; and
     (d)   Approaches   other   states   have  taken  to   funding   and
 administering their recreational boating programs.
     NEW SECTION.    Sec. 104.    FOR     THE   LEGISLATIVE   EVALUATION   AND
 ACCOUNTABILITY PROGRAM COMMITTEE
 Performance Audits of Government Account—State
     Appropriation. . . . . . . . . . . . . . . . . . . . .       $5,326,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . . .       $5,326,000
     NEW SECTION.    Sec.   105.    FOR   THE   JOINT   LEGISLATIVE   SYSTEMS
 COMMITTEE
 General Fund—State Appropriation (FY 2024). . . . . . . . $21,727,000
 General Fund—State Appropriation (FY 2025). . . . . . . . $19,625,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $41,352,000
     The appropriations in this section are subject to the following
 conditions and limitations: Within the amounts provided in this
 section, the joint legislative systems committee shall provide
 information technology support, including but not limited to internet
 service, for the district offices of members of the house of
 representatives and the senate.
     NEW SECTION.   Sec. 106.      FOR THE OFFICE OF STATE LEGISLATIVE
 LABOR RELATIONS
 General Fund—State Appropriation (FY 2024). . . . . . . . .          $961,000
 General Fund—State Appropriation (FY 2025). . . . . . . . . $964,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $1,925,000
                                       p. 4                         ESSB 5187.SL
    NEW SECTION.    Sec. 107.    FOR THE OFFICE OF THE STATE ACTUARY
 General Fund—State Appropriation (FY 2024). . . . . . . . .       $409,000
 General Fund—State Appropriation (FY 2025). . . . . . . . .       $423,000
 State Health Care Authority Administrative Account—
     State Appropriation. . . . . . . . . . . . . . . . . . .      $291,000
 Department of Retirement Systems Expense Account—
    State Appropriation. . . . . . . . . . . . . . . . . .       $7,102,000
 School Employees' Insurance Administrative Account—
     State Appropriation. . . . . . . . . . . . . . . . . . . $258,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $8,483,000
    NEW SECTION.    Sec. 108.    FOR THE STATUTE LAW COMMITTEE
 General Fund—State Appropriation (FY 2024). . . . . . . .       $6,201,000
 General Fund—State Appropriation (FY 2025). . . . . . . .       $6,808,000
        TOTAL APPROPRIATION. . . . . . . . . . . . . . .         $13,009,000
     NEW SECTION.    Sec. 109.     FOR THE OFFICE OF LEGISLATIVE SUPPORT
 SERVICES
 General Fund—State Appropriation (FY 2024). . . . . . . .       $5,852,000
 General Fund—State Appropriation (FY 2025). . . . . . . . $6,465,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $12,317,000
     NEW SECTION. Sec. 110. LEGISLATIVE AGENCIES
     In order to achieve operating efficiencies within the financial
 resources available to the legislative branch, the executive rules
 committee of the house of representatives and the facilities and
 operations committee of the senate by joint action may transfer funds
 among the house of representatives, senate, joint legislative audit
 and review committee, legislative evaluation and accountability
 program committee, joint transportation committee, office of the
 state actuary, joint legislative systems committee, statute law
 committee, redistricting commission, office of state legislative
 labor relations, and office of legislative support services.
    NEW SECTION.    Sec. 111.    FOR THE SUPREME COURT
 General Fund—State Appropriation (FY 2024). . . . . . . . $14,883,000
 General Fund—State Appropriation (FY 2025). . . . . . . . $15,196,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $30,079,000
                                        p. 5                     ESSB 5187.SL
     NEW SECTION.   Sec. 112.   FOR THE COMMISSION ON JUDICIAL CONDUCT
 General Fund—State Appropriation (FY 2024). . . . . . . .           $2,225,000
 General Fund—State Appropriation (FY 2025). . . . . . . .           $2,206,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . . .          $4,431,000
     NEW SECTION.   Sec. 113.   FOR THE COURT OF APPEALS
 General Fund—State Appropriation (FY 2024). . . . . . . . $25,901,000
 General Fund—State Appropriation (FY 2025). . . . . . . . $26,491,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $52,392,000
     The appropriations in this section are subject to the following
 conditions   and   limitations:   $764,000   of   the   general    fund—state
 appropriation for fiscal year 2024 and $764,000 of the general fund—
 state appropriation for fiscal year 2025 are provided solely for
 implementation   of   Second   Substitute   Senate   Bill  No.   5046
 (postconviction counsel). If the bill is not enacted by June 30,
 2023, the amounts provided in this subsection shall lapse.
     NEW SECTION.   Sec. 114.   FOR THE ADMINISTRATOR FOR THE COURTS
 General Fund—State Appropriation (FY 2024). . . . . . .           $123,740,000
 General Fund—State Appropriation (FY 2025). . . . . . .           $118,331,000
 General Fund—Federal Appropriation. . . . . . . . . . . .           $2,209,000
 General Fund—Private/Local Appropriation. . . . . . . . . .           $681,000
 Judicial Stabilization Trust Account—State
     Appropriation. . . . . . . . . . . . . . . . . . . .          $112,345,000
 Judicial Information Systems Account—State
     Appropriation. . . . . . . . . . . . . . . . . . . .           $79,530,000
         TOTAL APPROPRIATION. . . . . . . . . . . . . . .          $436,836,000
     The appropriations in this section are subject to the following
 conditions and limitations:
     (1) The distributions made under this section and distributions
 from the county criminal justice assistance account made pursuant to
 section 801 of this act constitute appropriate reimbursement for
 costs for any new programs or increased level of service for purposes
 of RCW 43.135.060.
     (2)(a) $7,000,000 of the general fund—state appropriation for
 fiscal   year  2024  and  $7,000,000 of   the  general  fund—state
 appropriation for fiscal year 2025 are provided solely for
 distribution to county juvenile court administrators for the costs
                                        p. 6                           ESSB 5187.SL
 associated with processing and case management of truancy, children
 in need of services, and at-risk youth referrals. The administrator
 for   the    courts,  in   conjunction  with    the   juvenile  court
 administrators, shall develop an equitable funding distribution
 formula. The formula must neither reward counties with higher than
 average per-petition/referral processing costs nor shall it penalize
 counties with lower than average per-petition/referral processing
 costs.
     (b) Each fiscal year during the 2023-2025 fiscal biennium, each
 county shall report the number of petitions processed and the total
 actual costs of processing truancy, children in need of services, and
 at-risk youth petitions. Counties shall submit the reports to the
 administrator for the courts no later than 45 days after the end of
 the   fiscal    year.  The  administrator   for   the   courts  shall
 electronically transmit this information to the chairs and ranking
 minority members of the house of representatives and senate fiscal
 committees no later than 60 days after a fiscal year ends. These
 reports are informational in nature and are not for the purpose of
 distributing funds.
    (3) $1,094,000 of the general fund—state appropriation for fiscal
 year 2024 and $1,094,000 of the general fund—state appropriation for
 fiscal year 2025 are provided solely for the statewide fiscal impact
 on Thurston county courts. It is the intent of the legislature that
 this policy will be continued in subsequent fiscal biennia.
    (4) $3,000,000 of the general fund—state appropriation for fiscal
 year 2024 and $3,000,000 of the general fund—state appropriation for
 fiscal year 2025 are provided solely for distribution to local courts
 for costs associated with the court-appointed attorney and visitor
 requirements set forth in the uniform guardianship act, chapter
 11.130 RCW. If the amount provided in this subsection is insufficient
 to fully fund the local court costs, distributions must be reduced