5693-S.E AMH CORR FRAS 914

  

ESSB 5693 - H AMD TO H AMD (H-2871.1/22) 1162

By Representative Corry

SCOPE AND OBJECT 02/26/2022

On page 766, after line 23 insert the following:

"Sec. 952. RCW 43.79.285 and 2021 c 334 s 956 are each amended to read as follows:

(1) There is hereby created a joint select committee to be known as the joint legislative unanticipated revenue and emergency oversight committee. The committee is established for the following purposes:

(a) To provide oversight of the legislature's delegation of state fiscal authority to the governor and to prevent infringement on the legislature's constitutional power to appropriate state funds;

(b) To provide oversight of the legislature's delegation of emergency powers to the governor and to prevent infringement of the legislature's constitutional power to establish state policy through the statutory lawmaking process; and

(c) To provide a forum for transparent and timely discussion of these statutory delegations and their implementation by the executive branch while the legislature is not in session.

(2) The committee consists of ((with)) the following sixteen members:

(a) The majority and minority leaders of the senate;

(b) The speaker and the minority leader of the house of representatives;

(c) Six additional members of the senate with three members from each of the two largest caucuses of the senate appointed by their respective leaders; and

(d) Six additional members of the house of representatives with three members from each of the two largest caucuses of the house of representatives appointed by their respective leaders.

(((2))) (3) The cochairs of the committee are the leaders of the two largest caucuses of the senate in even-numbered years and the leaders of the two largest caucuses of the house of representatives in odd-numbered years.

(((3))) (4) Staff support for the committee is provided by the senate committee services and the house of representatives office of program research.

(((4))) (5) Members of the committee serve without additional compensation, but must be reimbursed for travel expenses in accordance with RCW 44.04.120. The expenses of the committee are paid jointly by the senate and the house of representatives and expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

(((5))) (6) The ((purpose)) duties of the committee ((is)) are to:

(a) review requests for proposed allotment amendments to spend unanticipated and unbudgeted moneys from federal and nonstate sources pursuant to RCW 43.79.270(3); and

(b) review gubernatorial orders issued during a proclaimed state of emergency under RCW 43.06.220, particularly those that waive or suspend statutory obligations under subsection (2) of that section.

((The committee is necessary to provide oversight of the legislature's delegation of state fiscal authority to the governor while the legislature is not in session and to prevent infringement on the legislature's constitutional power to appropriate state funds.

(6) The committee shall)) (c) meet as necessary to review requests from the governor pursuant to RCW 43.79.270(3) and orders pursuant to RCW 43.06.220 and to provide comment within 14 calendar days. The committee may conduct its meetings and hold public hearings by conference telephone call, videoconference, or using similar technology equipment so that all persons participating in the meeting can hear each other at the same time. The committee shall adopt rules and procedures for its orderly operation. The activities of the committee are suspended during regular or special legislative sessions.

(7) If the committee chooses to conduct a public hearing on a proposed allotment amendment or a gubernatorial order issued pursuant to a proclamation of emergency, the committee must provide the office of financial management with five calendar days notice of the public hearing. The office of financial management, or its designee, must appear before the committee to present the proposed allotment amendment or issued emergency order and respond to questions. The committee may also require the appropriate state agency, department, board, or commission ((proposing the allotment amendment)) affected by the proposed allotment amendment or issued emergency order to appear before the committee, submit additional information, or engage in other activities necessary for the committee to review and comment on proposed allotment amendments or emergency order.

(8) Action of the committee is limited to the review and comment on requests submitted by the governor under RCW 43.79.270(3) and emergency orders issued under RCW 43.06.220. Action by the committee requires the majority vote of members of the committee in attendance at the meeting. Action may take the form of a recommendation approving the proposed allotment amendment or emergency order, rejecting the proposed allotment amendment or emergency order, or proposing an alternative allotment amendment or emergency order for the governor's consideration, prior to approval in the case of an allotment amendment under RCW 43.79.280. The committee's action is not binding on the governor."

Renumber remaining sections consecutively and correct internal references accordingly.

Correct the title.

EFFECT:  Revises the duties of the Joint Unanticipated Revenue Oversight Committee, which consists of 16 legislators and was created in the 2021 biennial budget. Declares that an additional purpose of the Committee is reviewing gubernatorial orders issued under the emergency powers delegation of RCW 43.06.220. Adds to the Committee's duties the authority to review and request information on these emergency orders, and to take non-binding action to approve, reject or propose alternatives.

FISCAL IMPACT: No net change to appropriated levels.

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