Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government & Tribal Affairs Committee

HB 1371

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing boards and commissions.

Sponsors: Representatives Darneille and Hunt; by request of Governor Gregoire.

Brief Summary of Bill

  • Eliminates 32 boards, commissions, and similar entities, and transfers duties for some of these entities to state agencies.

  • Transfers appointment authority for 13 entities from the Governor to, in most cases, the state agency director who works with the entity.

  • Makes other changes to boards, commissions, and similar entities.

Hearing Date: 2/2/11

Staff: Joan Elgee (786-7106).

Background:

In 1994 the Legislature directed the Governor to review and submit to the Legislature every odd-numbered year a report recommending which boards and commissions should be terminated or consolidated. In making a recommendation, the Governor must consider the following:ŸŸ

In 2009 the Legislature eliminated 18 statutory boards, commissions, and similar entities, and the Governor eliminated a number of non-statutory entities by executive order. In 2010 the Legislature eliminated 45 statutory boards, commissions, and similar entities.

The Office of Financial Management (OFM) sets allowances for subsistence, lodging, and travel expenses for persons who are appointed to serve on boards, commissions, or similar groups. Part-time groups are identified as class 1 through class 5 for purposes of setting any additional compensation or allowances.

In 2010 the Legislature eliminated allowances for class 1 through 3 and class 5 groups if the cost is funded by the State General Fund. Class 1 through 3 and class 4 groups funded by sources other than the State General Fund are encouraged to reduce travel, lodging, and other costs. All classes were directed, if feasible, to use methods of conducting meetings that do not require members to travel and to use state facilities whenever possible for meetings that require members to physically be present. Approval of the director of OFM is required to use private facilities for meetings. These restrictions apply to fiscal year 2011.

Summary of Bill:

General.

Thirty-two boards, commissions, and similar entities are eliminated. For some of these entities, the functions are transferred to a state agency. The appointment authority for 13 boards, commissions, and similar entities is transferred from the Governor to, in most cases, the state agency director who works with the entity.

The fiscal year 2011 restrictions on allowances, travel, and use of private facilities are eliminated. Entities in all classes are encouraged to reduce travel, lodging and other costs, including by the use of meeting formats that do not require travel for the remainder of fiscal year 2011.

Except under a specific law to the contrary, agencies are prohibited from entering into personal service contracts with a member of any agency board, commission, council, committee, or other group formed to advise state government for services related to work done as a member of the group.

Agency-specific provisions.

The superintendant of public instruction may appoint advisory groups on subject matters within the superintendent's responsibilities or required as a condition to the receipt of federal funds. Members may be paid travel expenses. A person may receive an amount not to exceed $100 for each day during which the member attends an official meeting or performs statutorily prescribed duties approved by the chair if the person: (1) occupies a position, normally regarded as full-time as a certificated employee of a local school district; (2) is participating as part of their employment with the local school district; and (3) the meeting or duties are performed outside school days. The superintendent may reimburse local school districts for substitute certificated employees. A person may receive compensation from federal funds in a amount determined by personal service contract for groups required by federal law.

The requirement that the Quality Education Council meet no more than four times a year is eliminated.

The requirement for the Governor to approve the appointment of the poet laureate is eliminated.

The Horse Racing Commission is reduced from five to three members.

Appropriation: None.

Fiscal Note: Requested.

Effective Date: The bill contains an emergency clause and takes effect immediately except for section 193, relating to a recodification of a campaign finance provision, which takes effect January 1, 2012, section 199, relating to personal service contracts, which takes effect on the regular effective date, and section 200, relating to advisory groups appointed by the superintendent of public instruction, which takes effect on the regular effective date.