CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5405
Chapter 310, Laws of 2021
(partial veto)
67th Legislature
2021 Regular Session
JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE—RACIAL EQUITY ANALYSES
EFFECTIVE DATE: July 25, 2021
Passed by the Senate March 5, 2021 CERTIFICATE
Yeas 47 Nays 2
I, Brad Hendrickson, 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 5405 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House April 7, 2021 hereon set forth.
Yeas 56 Nays 41
BRAD HENDRICKSON
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 13, 2021 11:57 AM with FILED
the exception of section 2, which is
vetoed. May 13, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE SENATE BILL 5405
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senate Ways & Means (originally sponsored by Senators Hasegawa,
Conway, Liias, Nguyen, Saldaña, and Wilson, C.)
READ FIRST TIME 02/22/21.
1 AN ACT Relating to racial equity analysis for the joint
2 legislative audit and review committee work; amending RCW 44.28.005;
3 adding a new section to chapter 44.28 RCW; creating a new section;
4 and providing an expiration date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. A new section is added to chapter 44.28
7 RCW to read as follows:
8 The joint committee shall incorporate a racial equity analysis
9 into performance audits, sunset reviews, and other audits or reports
10 conducted by the joint committee. The joint committee shall note in
11 its audits, reviews, and reports if a racial equity analysis is not
12 necessary or appropriate. The joint committee may work with the
13 office of equity, the governor's office of Indian affairs, the LGBTQ
14 commission, the Washington state women's commission, and the ethnic
15 commissions to design the racial equity analysis required under this
16 section.
17 *NEW SECTION. Sec. 2. (1) The joint legislative audit and
18 review committee must complete a racial equity analysis by December
19 31, 2021, on the impact of the restrictions on in-person K-12
p. 1 ESSB 5405.SL
 1 education put in place since the state of emergency declared on
2 February 29, 2020, for all counties in Washington due to COVID-19.
3 (2) This section expires July 1, 2022.
*Sec. 2 was vetoed. See message at end of chapter.
4 Sec. 3. RCW 44.28.005 and 1996 c 288 s 2 are each amended to
5 read as follows:
6 Unless the context clearly requires otherwise, the definitions in
7 this section apply throughout this chapter.
8 (1) "Legislative auditor" means the executive officer of the
9 joint legislative audit and review committee.
10 (2) "Economy and efficiency audits" means performance audits that
11 establish: (a) Whether a state agency or unit of local government
12 receiving state funds is acquiring, protecting, and using its
13 resources such as personnel, property, and space economically and
14 efficiently; (b) the causes of inefficiencies or uneconomical
15 practices; and (c) whether the state agency or local government has
16 complied with significant laws and rules in acquiring, protecting,
17 and using its resources.
18 (3) "Ethnic commissions" means the Washington state commission on
19 African American affairs established in chapter 43.113 RCW, the
20 Washington state commission on Asian Pacific American affairs
21 established in chapter 43.117 RCW, and the Washington state
22 commission on Hispanic affairs established in chapter 43.115 RCW.
23 (4) "Final compliance report" means a written document, as
24 approved by the joint committee, that states the specific actions a
25 state agency or unit of local government receiving state funds has
26 taken to implement recommendations contained in the final performance
27 audit report and the preliminary compliance report. Any
28 recommendations, including proposed legislation and changes in the
29 agency's rules and practices or the local government's practices,
30 based on testimony received, must be included in the final compliance
31 report.
32 (((4))) (5) "Final performance audit report" means a written
33 document adopted by the joint legislative audit and review committee
34 that contains the findings and proposed recommendations made in the
35 preliminary performance audit report, the final recommendations
36 adopted by the joint committee, any comments to the preliminary
37 performance audit report by the joint committee, and any comments to
p. 2 ESSB 5405.SL
 1 the preliminary performance audit report by the state agency or local
2 government that was audited.
3 (((5))) (6) "Joint committee" means the joint legislative audit
4 and review committee.
5 (((6))) (7) "Local government" means a city, town, county,
6 special purpose district, political subdivision, municipal
7 corporation, or quasi-municipal corporation, including a public
8 corporation created by such an entity.
9 (((7))) (8) "Performance audit" means an objective and systematic
10 assessment of a state agency or any of its programs, functions, or
11 activities, or a unit of local government receiving state funds, by
12 an independent evaluator in order to help public officials improve
13 efficiency, effectiveness, and accountability. Performance audits
14 include economy and efficiency audits and program audits. A
15 performance audit of a local government may only be made to determine
16 whether the local government is using state funds for their intended
17 purpose in an efficient and effective manner.
18 (((8))) (9) "Performance measures" are a composite of key
19 indicators of a program's or activity's inputs, outputs, outcomes,
20 productivity, timeliness, and/or quality. They are means of
21 evaluating policies and programs by measuring results against agreed
22 upon program goals or standards.
23 (((9))) (10) "Preliminary compliance report" means a written
24 document that states the specific actions a state agency or unit of
25 local government receiving state funds has taken to implement any
26 recommendations contained in the final performance audit report.
27 (((10))) (11) "Preliminary performance audit report" means a
28 written document prepared for review and comment by the joint
29 legislative audit and review committee after the completion of a
30 performance audit. The preliminary performance audit report must
31 contain the audit findings and any proposed recommendations to
32 improve the efficiency, effectiveness, or accountability of the state
33 agency or local government audited.
34 (((11))) (12) "Program audits" means performance audits that
35 determine: (a) The extent to which desired outcomes or results are
36 being achieved; (b) the causes for not achieving intended outcomes or
37 results; and (c) compliance with significant laws and rules
38 applicable to the program.
39 (((12))) (13) "State agency" or "agency" means a state agency,
40 department, office, officer, board, commission, bureau, division,
p. 3 ESSB 5405.SL
1 institution, or institution of higher education. "State agency"
2 includes all elective offices in the executive branch of state
3 government.
Passed by the Senate March 5, 2021.
Passed by the House April 7, 2021.
Approved by the Governor May 13, 2021, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State May 13, 2021.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 2,
Engrossed Substitute Senate Bill No. 5405 entitled:
"AN ACT Relating to racial equity analysis for the joint
legislative audit and review committee work."
Section 2 directs the Joint Legislative Audit and Review Committee
(JLARC) to complete a racial equity analysis on the impact of the
restrictions on in-person K-12 education put in place since the
COVID-19 state of emergency was declared on February 29, 2020, for
all counties in Washington. Racial equity in education is a
longstanding issue that was made worse by the COVID pandemic. Beyond
the necessary school restrictions imposed, COVID impacts on education
also included, but are not limited to, public health, economic
disruption, teacher safety and loss of child care. I believe a
broader review of racial inequities in K-12 is needed, and I will ask
the Washington Student Achievement Council to conduct this review.
For these reasons I have vetoed Section 2 of Engrossed Substitute
Senate Bill No. 5405.
With the exception of Section 2, Engrossed Substitute Senate Bill No.
5405 is approved."
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Statutes affected:
Original Bill: 44.28.005
Substitute Bill: 44.28.005
Engrossed Substitute: 44.28.005
Bill as Passed Legislature: 44.28.005
Session Law: 44.28.005
Bill: 44.28.005