SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1541

ByHouse Appropriations (originally sponsored by Representatives Farivar, Couture, Mena, Pollet, Taylor, Ortiz-Self, Street, Thai, Reed, Waters, Fosse, Caldier, Simmons, Davis, Alvarado, Schmidt, Ryu, Griffey, Ramel, Barnard, Orwall, Hackney, Bergquist, Walen, Berry, Tharinger, Peterson, Goodman, Volz, Eslick, Stonier, Gregerson, Riccelli, Ormsby, Kloba, Doglio, Bateman, Macri, and Duerr)

AN ACT Relating to increasing access and representation in policy-making processes for people with direct lived experience; amending RCW 43.03.220; adding a new chapter to Title 43 RCW; creating a new section; and providing an effective date.

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

(2) The legislature finds that certain populations are almost entirely unrepresented in policy making yet are disproportionately impacted by government decisions. For example, self-advocates with developmental disabilities and other marginalized groups are routinely left out of decision making about policies that directly impact them and frequently have their voices substituted for others. The adverse impacts of injustices perpetrated based on race, color, gender, religion, disability, immigration status, language, culture, and other categories are not distinct and isolated, but instead overlap and accumulate and therefore have a cumulative effect on an individual. Access is an equity issue and by addressing barriers to participation for underrepresented populations, the public will also benefit. A governing body that makes decisions about these communities cannot do so effectively and equitably without the participation and contribution of those from these underrepresented populations who have direct lived experience with the issues being addressed in the policy-making decisions.

(3) The legislature recognizes the importance of allies and finds that advocacy efforts should be led by people with direct lived experience. It is not the intention of the legislature to restrict the membership of statutory entities. Instead, the intent is to create space for those historically excluded from policy decision making.

(4) Therefore, the legislature intends to ensure meaningful participation from people with direct lived experience on each statutorily created or statutorily mandated multimember task force, work group, or advisory committee, tasked with examining and reporting to the legislature on policies or issues that directly and tangibly affect historically underrepresented communities. When people with direct lived experience have a seat at the table, Washington thrives.

(1) "Direct lived experience" has the meaning provided in RCW 43.03.220.

(2)(a) "Statutory entity" means a multimember task force, work group, or advisory committee, that is:

(i) Temporary;

(ii) Established by legislation;

(iii) Established for the specific purpose of examining a particular policy or issue directly and tangibly affecting a particular underrepresented population; and

(iv) Required to report to the legislature on the policy or issue it is tasked with examining.

(b) "Statutory entity" does not include legislative select committees or other statutorily created legislative entity composed of only legislative members.

(3) "Underrepresented population" means a population group that is more likely to be at higher risk for disenfranchisement due to adverse socioeconomic factors such as unemployment, high housing and transportation costs relative to income, effects of environmental harms, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that may be barriers for participating in policy making processes.

(a) Include at least three individuals from underrepresented populations who have direct lived experience with the identified policy or issue that the statutory entity is tasked with examining; and

(b) Reflect, to the greatest extent possible, the diversity of people with direct lived experience with the identified issue or issues, including members who reside in urban and rural communities, and with differing cultural and economic circumstances.

(2) If compliance with subsection (1) of this section requires that additional members be appointed to statutory entities created on or after the effective date of this section, the identified appointing authority for the statutory entity must be the appointing authority for the additional members. If there are multiple appointing authorities for one statutory entity, they may collectively defer to one of the appointing authorities, a statutory state commission, board, or committee, or the office of equity, to appoint any additional members as needed. The additional members shall be voting members of the statutory entity.

(3) When making appointments to a statutory entity, appointing authorities:

(a) May consult with the office of equity; and

(b) Must consult with the relevant state entities identified in the toolkit created by the office of equity pursuant to section 117, chapter 475, Laws of 2023, except for appointing authorities from the legislative branch.

(4) The statute law committee must include in any published bill drafting guide reference to the requirements in subsection (1) of this section.

(5) Nothing in this section may be construed to restrict additional membership of statutory entities.

(a) A brief description of the statutory entity's purpose; and

(b) The underrepresented population directly and tangibly impacted by its work, including:

(i) The number of members who are appointed to the statutory entity who have direct lived experience with the specific policy or issue that the statutory entity is tasked with examining;

(ii) Aggregate demographic information provided voluntarily and anonymously by members of the statutory entity including but not limited to disability, race, age, gender, sexual orientation, ethnicity, income, and geographic representation by county;

(iii) An analysis of whether and how implementation of the requirements in section 3 of this act reduced barriers to participation in policy-making decisions by members of underrepresented populations;

(iv) With full participation and leadership from members of the statutory entity who are from an underrepresented population and have direct lived experience, an analysis of how their participation affected the conduct and outcomes of the statutory entity as it accomplished its mission; and

(v) The number of members from an underrepresented population who have direct lived experience who qualified for stipends under RCW 43.03.220, the number of those who requested stipends to support their participation in the statutory entity, and the number who received stipends.

(2) Statutory entities administered by the legislature must collect the information described in subsection (1) of this section and provide the information to the secretary of the senate and the chief clerk of the house of representatives but are not required to report the information to the office of equity.

(3)(a) By October 31, 2026, and each October 31st thereafter, the Washington state office of equity must analyze the information received under subsection (1) of this section and, as part of its annual report due to the legislature under RCW 43.06D.040, provide:

(i) An overall evaluation of the process required by section 3 of this act;

(ii) Recommendations for improving the process;

(iii) Recommendations to further decrease barriers to participation; and

(iv) Recommendations to increase the diversity of statutory entity applicants.

(b) The data that the office of equity must analyze for the report required under (a) of this subsection must include at a minimum the data received from statutory entities by the end of the prior fiscal year.

Sec. 7. RCW 43.03.220 and 2022 c 245 s 2 are each amended to read as follows:

(1) Any part-time board, commission, council, committee, or other similar group which is established by the executive, legislative, or judicial branch to participate in state government and which functions primarily in an advisory, coordinating, or planning capacity shall be identified as a class one group. Unless otherwise identified in law, all newly formed and existing groups are a class one group.

(2) Absent any other provision of law to the contrary, a stipend may be provided to a member of a class one group in accordance with this subsection.

(a) Subject to available funding, an agency may provide a stipend to individuals who are low income or have direct lived experience to support their participation in class one groups when the agency determines such participation is desirable in order to implement the principles of equity described in RCW 43.06D.020, provided that the individuals are not otherwise compensated for their attendance at meetings.

(b) Stipends shall not exceed $200 for each day during which the member attends an official meeting or performs statutorily prescribed duties approved by the chairperson of the group.

(c) Individuals eligible for stipends under this section are eligible for reasonable allowances for child and adult care reimbursement, lodging, and travel expenses as provided in RCW 43.03.050 and 43.03.060 in addition to stipend amounts.

(d) Nothing in this subsection creates an employment relationship, or any membership or qualification in any state or other publicly supported retirement system, for this or any other title due to the payment of a stipend, lodging and travel expenses, or child care expenses provided under this section where such a relationship, membership, or qualification did not already exist.

(e) As allowable by federal and state law, state agencies will minimize, to the greatest extent possible, the impact of stipends and reimbursements on public assistance eligibility and benefit amounts.

(3) Except for members who qualify for a stipend under subsection (2) of this section, no person designated as a member of a class one board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under RCW 43.03.049. Class one groups, when feasible, shall use an alternative means of conducting a meeting that does not require travel while still maximizing member and public participation and may use a meeting format that requires members to be physically present at one location only when necessary or required by law.

(4) Class one groups that are funded by sources other than the state general fund are encouraged to reduce travel, lodging, and other costs associated with conducting the business of the group including use of other meeting formats that do not require travel.

(5) Agencies exercising their authority to provide stipends and allowances under this section must follow the guidelines established by the office of equity pursuant to RCW 43.03.270.

(6) For purposes of this section:

(a) "((Lived))Direct lived experience" means direct personal experience in the subject matter being addressed by the board, commission, council, committee, or other similar group.

(b) "Low income" means an individual whose income is not more than 400 percent of the federal poverty level, adjusted for family size.

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