2022 Regular Session

BySenators C. Wilson and Kuderer; by request of Lieutenant Governor

Prefiled 01/07/22.Read first time 01/10/22.Referred to Committee on State Government & Elections.

AN ACT Relating to designating the Washington state leadership board a trustee of the state of Washington; amending RCW 43.15.030, 43.15.020, 43.15.095, and 43.15.100; reenacting and amending RCW 46.68.420; adding a new chapter to Title 43 RCW; creating a new section; recodifying RCW 43.15.030, 43.15.040, and 43.15.100; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) The Washington state leadership board has been a nonprofit organization with significant, vested interest in the improvement of Washington state through their service and dedication to marginalized students and their ability to bestow honors on behalf of the state.

(2) There has been a lack of substantive extracurricular activities for historically marginalized students in Washington state to be involved in, and the Washington state leadership board has created equitable and accessible programs for marginalized students to succeed. The Washington state leadership board bridges the gap between student accessibility and student achievement by utilizing public and private funds to create three unique programs for marginalized students: The Washington world fellows program, boundless Washington program, and compassion scholars program.

(3) The Washington world fellows program is a global leadership development program that provides students who may lack access with training that enhances high school academics, supports their trajectory into college, and establishes strong leadership traits. The program includes college preparation through research, mentoring, and preparation for college entrance exams, including the opportunity for students to participate in a global leadership exchange experience.

(4) The boundless Washington program provides an opportunity for students with physical and sensory disabilities to develop leadership skills through the outdoors. Students with physical and sensory disabilities explore the outdoors through immersive excursions that students learn about through online curriculum and practice through outdoor activities with peers.

(5) The compassion scholars program creates life-changing compassion scholars' excursions, with a delegation that includes students, elected officials, and community leaders, that focus on highlighting for high school students the positive work of public servants that have dedicated themselves to improving their community.

(6) The Washington state leadership board has bestowed honors like the Washingtonian of the year and the organization of the year on behalf of the state for over 45 years.

Sec. 2. RCW 43.15.030 and 2021 c 176 s 5222 are each amended to read as follows:

(1) The Washington state leadership board is ((organized as a private, nonprofit, nonpartisan corporation in accordance with chapter 24.03A RCW and this section))designated a trustee for the state of Washington.

(2) The purpose of the Washington state leadership board is to:

(a) Provide the state a means of extending formal recognition for an individual's outstanding services to the state; and

(b) ((Bring together those individuals to serve the state as ambassadors of trade, tourism, and international goodwill; and

(c))) Expand educational, sports, leadership, and/or employment opportunities for youth, veterans, and people with disabilities in Washington state by administering the following programs:

(i) Washington world fellows;

(ii) Sports mentoring;

(iii) Boundless Washington; and

(iv) Compassion scholars.

(3) The Washington state leadership board may conduct activities in support of their mission.

(4)(a) The Washington state leadership board is governed by a board of directors. The board of directors is composed of the governor, the lieutenant governor, and the secretary of state, who serve as ex officio, nonvoting members, and other officers and members as the Washington state leadership board designates. In addition, four legislators may be appointed to the board of directors as ex officio members in the following manner: One legislator from each of the two largest caucuses of the senate, appointed by the president of the senate, and one legislator from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives.

(b) The Washington state leadership board shall appoint its executive director with the consent of the lieutenant governor. The lieutenant governor may remove an executive director for cause if a majority of the Washington state leadership board votes for removal.

(5) The board of directors shall adopt bylaws and establish governance and transparency policies.

(6) The lieutenant governor's office may provide ((technical and financial assistance))facilities and administrative support for the Washington state leadership board, where the work of the board aligns with the mission of the office. Assistance from the lieutenant governor's office may include, but is not limited to:

(a) Collaboration with the Washington state leadership board on the Washington world fellows program, a college readiness and study abroad fellowship ((administered by the office of the lieutenant governor));

(b) ((Beginning January 1, 2019, collaboration))Collaboration with the Washington state leadership board to administer the sports mentoring program as established under RCW 43.15.100 (as recodified by this act), a mentoring program to encourage underserved youth to join sports or otherwise participate in the area of sports. If approved by the board of directors, boundless Washington, an outdoor leadership program for young people with disabilities, shall satisfy the terms of the sports mentoring program; and

(c) The compilation of a yearly financial report, which shall be made available to the appropriate committees of the legislature no later than January 15th of each year, detailing all revenues and expenditures associated with the Washington world fellows program and the sports mentoring program. ((Any expenditures made by the Washington state leadership board in support of the Washington world fellows program and the sports mentoring program shall be made available to the office of the lieutenant governor for the purpose of inclusion in the annual financial report.))

(7) The legislature may make appropriations in support of the Washington state leadership board subject to the availability of funds.

(8) The ((office of the lieutenant governor))Washington state leadership board must post on its website detailed information on all funds received by the ((Washington state leadership)) board and all expenditures by the ((Washington state leadership)) board.

NEW SECTION. Sec. 3. (1) The Washington state leadership board account is created in the state treasury. All receipts from appropriations must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.

(2)(a) The Washington state leadership board special license plate account is created in the custody of the state treasurer. All receipts from special license plate disposition under RCW 46.68.420 must be deposited into the account. Expenditures from the account may be used only for the purposes of this chapter. Only the executive director of the Washington state leadership board or the executive director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

(b) The Washington state leadership board special license plate account may accept gifts, grants, or endowments from public and private sources that are made in trust or otherwise for the use and benefit of the purposes of this chapter.

Sec. 4. RCW 46.68.420 and 2020 c 129 s 3 and 2020 c 93 s 3 are each reenacted and amended to read as follows:

(1) The department shall:

(a) Collect special license plate fees established under RCW 46.17.220;

(b) Deduct an amount not to exceed twelve dollars for initial issue and two dollars for renewal issue for administration and collection expenses incurred by it; and

(2) The state treasurer shall credit the proceeds to the motor vehicle fund until the department determines that the state has been reimbursed for the cost of implementing the special license plate. Upon determination by the department that the state has been reimbursed, the state treasurer shall credit the remaining special license plate fee amounts for each special license plate to the following appropriate account as created in this section in the custody of the state treasurer:

ACCOUNT	CONDITIONS FOR USE OF FUNDS
4-H programs	Support Washington 4-H programs
Fred Hutch	Support cancer research at the Fred Hutchinson cancer research center
Gonzaga University alumni association	Scholarship funds to needy and qualified students attending or planning to attend Gonzaga University
Helping kids speak	Provide free diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development
Law enforcement memorial	Provide support and assistance to survivors and families of law enforcement officers in Washington killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol grounds to honor those fallen officers
Lighthouse environmental programs	Support selected Washington state lighthouses that are accessible to the public and staffed by volunteers; provide environmental education programs; provide grants for other Washington lighthouses to assist in funding infrastructure preservation and restoration; encourage and support interpretive programs by lighthouse docents
Music matters awareness	Promote music education in schools throughout Washington
San Juan Islands programs	Provide funds to the Madrona institute
Seattle Mariners	Provide funds to the sports mentoring program and to support the Washington world fellows program in the following manner: (a) Seventy-five percent to the ((office of the lieutenant governor))Washington state leadership board solely to administer the sports mentoring program established under RCW 43.15.100 (as recodified by this act), to encourage youth who have economic needs or face adversities to experience spectator sports or get involved in youth sports, and (b) up to twenty-five percent to the ((office of the lieutenant governor))Washington state leadership board solely to administer the Washington world fellows program, an equity focused program
Seattle NHL hockey	Provide funds to the NHL Seattle foundation and to support the boundless Washington program in the following manner: (a) Fifty percent to the NHL Seattle foundation, or its successor organization, to help marginalized youth succeed in life through increased access to sports and other opportunities; (b) twenty-five percent to the ((office of the lieutenant governor))Washington state leadership board solely to administer the boundless Washington program to facilitate opportunities for young people with physical and sensory disabilities to enjoy and experience the outdoors; and (c) twenty-five percent to the NHL Seattle foundation, or its successor organization, for providing financial support to allow youth to participate in hockey
Seattle Seahawks	Provide funds to InvestED and to support the Washington world fellows program in the following manner: (a) Seventy-five percent, to InvestED, to encourage secondary students who have economic needs to stay in school, return to school, or get involved within their learning community; and (b) twenty-five percent to the ((office of the lieutenant governor))Washington state leadership board solely to administer the Washington world fellows program, including the provision of fellowships
Seattle Sounders FC	Provide funds to Washington state mentors and the ((association of Washington generals created in RCW 43.15.030))Washington state leadership board in the following manner: (a) Seventy percent and the remaining proceeds, if any, to Washington state mentors, to increase the number of mentors in the state by offering mentoring grants throughout Washington state that foster positive youth development and academic success, with up to twenty percent of these proceeds authorized for program administration costs; and (b) up to thirty percent, not to exceed forty-thousand dollars annually as adjusted for inflation by the office of financial management, to the ((association of Washington generals))Washington state leadership board, to develop Washington state educational, veterans, international relations, and civics projects and to recognize the outstanding public service of individuals or groups in the state of Washington
Seattle Storm	Provide funds to the Washington state legislative youth advisory council and the ((association of Washington generals created in RCW 43.15.030))Washington state leadership board in the following manner: Twenty-five thousand dollars per year of the net proceeds to the legislative youth advisory council, or its successor organization; and the remaining net proceeds on an annual basis, to the ((association of Washington generals))Washington state leadership board for the purpose of providing grants to support and enhance athletic, recreational, and other opportunities for women and girls, and especially those with disabilities
Seattle University	Fund scholarships for students attending or planning to attend Seattle University
Share the road	Promote bicycle safety and awareness education in communities throughout Washington
Ski & ride Washington	Promote winter snowsports, such as skiing and snowboarding, and related programs, such as ski and ride safety programs, underprivileged youth ski and ride programs, and active, healthy lifestyle programs
State flower	Support Meerkerk Rhododendron Gardens and provide for grants to other qualified nonprofit organizations' efforts to preserve rhododendrons
Volunteer firefighters	Receive and disseminate funds for purposes on behalf of volunteer firefighters, their families, and others deemed in need
Washington apples	Provide scholarship funding to the tree fruit industry's official charity, the Washington apple education foundation, which provides financial support, professional employment preparedness training, and mentorship to students with ties to the apple industry pursuing a higher education
Washington farmers and ranchers	Provide funds to the Washington FFA Foundation for educational programs in Washington state
Washington state aviation	Provide funds to the department of transportation to support infrastructure improvements at public use airports in Washington state
Washington state council of firefighters benevolent fund	Receive and disseminate funds for charitable purposes on behalf of members of the Washington state council of firefighters, their families, and others deemed in need
Washington state wrestling	Provide funds to the Washington state wrestling foundation to fund new and existing college wrestling programs
Washington tennis	Provide funds to cities to assist in the construction and maintenance of a public tennis facility with at least four indoor tennis courts. A city is eligible for construction funds if the city does not already have a public or private facility with at least four indoor tennis courts. Funds for construction must first be made available to the most populous eligible city, according to the most recent census, for a time period not to exceed five years after January 1, 2017. After the five-year time period, the funds for construction must be made available to the next most populous eligible city. Funds for the maintenance of a public tennis facility with at least four indoor tennis courts must first be made available to the first eligible city that utilizes funds for construction provided by chapter 16, Laws of 2016
Washington's national park fund	Build awareness of Washington's national parks and support priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks
We love our pets	Support and enable the Washington federation of animal welfare and control agencies to promote and perform spay/neuter surgery of Washington state pets in order to reduce pet population

(3) Except as otherwise provided in this section, only the director or the director's designee may authorize expenditures from the accounts described in subsection (2) of this section. The accounts are subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

(4) Except as otherwise provided in this section, funds in the special license plate accounts described in subsection (2) of this section must be disbursed subject to the conditions described in subsection (2) of this section and under contract between the department and qualified nonprofit organizations that provide the services described in subsection (2) of this section.

(5) Funds from the Seattle Seahawks account may be provided to the ((lieutenant governor))Washington state leadership board solely for the purpose of administering the Washington world fellows program. Of the amounts received by the ((lieutenant governor's office))Washington state leadership board under this subsection, at least ninety percent must be provided as fellowships under the program.

(6) Beginning January 1, 2019, funds from the Seattle Mariners account may be provided to the ((office of lieutenant governor))Washington state leadership board solely for the purpose of administering the sports mentoring program. Of the amounts received by the ((office of lieutenant governor))Washington state leadership board, at least ninety percent must be applied towards services directly provided to youth participants.

(7) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation operating in Washington that has received a determination of tax exempt status under 26 U.S.C. Sec. 501(c)(3). The qualified nonprofit organization must meet all the requirements under RCW 46.18.100(1).

Sec. 5. RCW 43.15.020 and 2020 c 114 s 5 are each amended to read as follows:

The lieutenant governor serves as president of the senate and is responsible for making appointments to, and serving on, the committees and boards as set forth in this section.

(1) The lieutenant governor serves on the following boards and committees:

(a) Capitol furnishings preservation committee, RCW 27.48.040;

(b) Washington higher education facilities authority, RCW 28B.07.030;

(d) State finance committee, RCW 43.33.010;

(e) State capitol committee, RCW 43.34.010;

(f) Washington health care facilities authority, RCW 70.37.030;

(g) State medal of merit nominating committee, RCW 1.40.020;

(h) Medal of valor committee, RCW 1.60.020; and

(i) Washington state leadership board, RCW 43.15.030 (as recodified by this act).

(2) The lieutenant governor, and when serving as president of the senate, appoints members to the following boards and committees:

(a) Civil legal aid oversight committee, RCW 2.53.010;

(b) Office of public defense advisory committee, RCW 2.70.030;

(d) Sentencing guidelines commission, RCW 9.94A.860;

(e) State building code council, RCW 19.27.070;

(f) Financial education public-private partnership, RCW 28A.300.450;

(g) Joint administrative rules review committee, RCW 34.05.610;

(h) Capital projects advisory review board, RCW 39.10.220;

(i) Select committee on pension policy, RCW 41.04.276;

(j) Legislative ethics board, RCW 42.52.310;

(k) Washington citizens' commission on salaries, RCW 43.03.305;

(l) Legislative oral history committee, RCW 44.04.325;

(m) State council on aging, RCW 43.20A.685;

(n) State investment board, RCW 43.33A.020;

(o) Capitol campus design advisory committee, RCW 43.34.080;

(p) Washington state arts commission, RCW 43.46.015;

(q) PNWER-Net working subgroup under chapter 43.147 RCW;

(r) Community economic revitalization board, RCW 43.160.030;

(s) Washington economic development finance authority, RCW 43.163.020;

(t) Joint legislative audit and review committee, RCW 44.28.010;

(u) Joint committee on energy supply and energy conservation, RCW 44.39.015;

(v) Legislative evaluation and accountability program committee, RCW 44.48.010;

(w) Washington horse racing commission, RCW 67.16.014;

(x) Correctional industries board of directors, RCW 72.09.080;

(y) Joint committee on veterans' and military affairs, RCW 73.04.150;

(z) Joint legislative committee on water supply during drought, RCW 90.86.020; and

(aa) Statute law committee, RCW 1.08.001.

Sec. 6. RCW 43.15.095 and 2020 c 114 s 23 are each amended to read as follows:

(1) The legislative youth advisory council is established to examine issues of importance to youth, including but not limited to education, employment, strategies to increase youth participation in state and municipal government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis.

(2) The council consists of at least twenty-two members as provided in this subsection who, at the time of appointment, are aged fourteen to eighteen. The council shall select a chair from among its members.

(3) Members shall serve two-year terms and, if eligible, may be reappointed for subsequent two-year terms.

(4)(a) Students may apply annually to be considered for participation in the program by completing an online application form and submitting the application to the legislative youth advisory council. The council may develop selection criteria and an application review process. The council shall recommend candidates whose names will be submitted to the office of the lieutenant governor for final selection. The office of the lieutenant governor shall notify all applicants of the final selections.

(b) The office of the lieutenant governor shall make the application available on the lieutenant governor's website.

(5) Subject to the supervision of the office of the lieutenant governor, the council shall have the following duties:

(a) Advising the legislature on proposed and pending legislation, including state budget expenditures and policy matters relating to youth;

(b) Advising the standing committees of the legislature and study commissions, committees, and task forces regarding issues relating to youth;

(d) Accepting and soliciting for grants and donations from public and private sources to support the activities of the council; and

(e) Reporting annually by December 1st to the legislature on its activities, including proposed legislation that implements recommendations of the council.

(6) In carrying out its duties under this section, the council must meet at least three times per year. The council is encouraged to use technology, such as remote videoconferencing technology, to facilitate members' participation in meetings. The council is encouraged to invite local state legislators to participate in the meetings. The council is encouraged to poll other students in order to get a broad perspective on various policy issues. The council is encouraged to use technology to conduct polling.

(7) Members may be reimbursed as provided in RCW 43.03.050 and 43.03.060.

(8) The office of the lieutenant governor shall provide administration, supervision, and facilitation support to the council. In facilitating the program, the office of the lieutenant governor may collaborate with the Washington state leadership board established in RCW 43.15.030 (as recodified by this act). The senate and house of representatives may provide policy and fiscal briefings and assistance with drafting proposed legislation. The senate and the house of representatives shall each develop internal policies relating to staff assistance provided to the council. Such policies may include applicable internal personnel and practices guidelines, resource use and expense reimbursement guidelines, and applicable ethics mandates. Provision of funds, resources, and staff, as well as the assignment and direction of staff, remains at all times within the sole discretion of the chamber making the provision.

(9) The office of the lieutenant governor, the legislature, any agency of the legislature, and any official or employee of such office or agency are immune from liability for any injury that is incurred by or caused by a member of the legislative youth advisory council and that occurs while the member of the council is performing duties of the council or is otherwise engaged in activities or receiving services for which reimbursement is allowed under subsection (7) of this section. The immunity provided by this subsection does not apply to an injury intentionally caused by the act or omission of an employee or official of the office of the lieutenant governor, the legislature, or any agency of the legislature.

Sec. 7. RCW 43.15.100 and 2018 c 67 s 3 are each amended to read as follows:

(1) The sports mentoring program is established to enable eligible nonprofit community-based organizations to provide opportunities for underserved youth to join sports teams or otherwise participate in the area of sports. The goal of the program is to support youth in building self-confidence, developing skills in the areas of goal setting and collaboration, and promoting a healthy lifestyle through forming positive relationships with peers and family, avoiding risky or delinquent behavior, and achieving educational success. Proceeds from the Seattle Mariners special license plate, issued under RCW 46.18.200, must be deposited into the Seattle Mariners account in accordance with RCW 46.68.420. Funds in the account may only be used, except as provided under RCW 46.68.420(6), for grants to support youth to stay in school, participate in sports, and receive mentorships.

(2) The ((office of lieutenant governor will collaborate with the association of Washington generals to))Washington state leadership board may issue competitive grants to eligible organizations. The following criteria must be used to prioritize applications:

(a) Services provided by the organization to program participants are provided without a fee;

(b) Eligible organizations must assist children with enrolling in sports through their parents, guardians, or coach; and

(3) Eligible organizations must meet the following requirements:

(a) Be a 501(c)(3) nonprofit organization;

(b) Conduct national criminal background checks for all employees and volunteer mentors who work with children;

(c) Have adopted standards for care including staff training, health and safety standards, and mechanisms for assessing and enforcing the program's compliance with the standards adopted;

(d) Ensure that sixty percent or more of the children they serve are eligible for free or reduced-price lunch;

(e) Provide free, direct services to children through volunteer mentoring; and

(f) Provide professional oversight of all mentoring relationships for each child served.

NEW SECTION. Sec. 8. RCW 43.15.030, 43.15.040, and 43.15.100 are each recodified as sections in chapter 43.--- RCW (the new chapter created in section 9 of this act).

NEW SECTION. Sec. 9. Section 3 of this act constitutes a new chapter in Title 43 RCW.

NEW SECTION. Sec. 10. This act takes effect July 1, 2022.