Z-314                 _______________________________________________

                                                   SENATE BILL NO. 3017

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators McDermott, Zimmerman, Gaspard, Conner, Warnke and Lee; by Legislative Budget Committee request

Prefiled with Secretary of the Senate 12/24/84.  Read first time 1/15/85 and referred to Committee on Ways and Means.

AN ACT Relating to state government; amending RCW 43.79.270, 43.79.280, 43.79.282, and 43.88.250; adding new sections to chapter 43.79 RCW; and providing for a referendum.

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

        Sec. 1.  Section 43.79.270, chapter 8, Laws of 1965 as amended by section 2, chapter 144, Laws of 1973 and RCW 43.79.270 are each amended to read as follows:

(1) Whenever any money, from the federal government, or from other sources, is expected to be available for expenditure, which is not available for general governmental purposes, and was not anticipated in the budget approved by the legislature ((has actually been received and is designated to be spent for a specific purpose)), the head of any department, agency, board, or commission through which such expenditure shall be made ((is to)) may submit to the governor a statement ((which may be in the form of a request for an allotment amendment)) setting forth the facts constituting the need for such expenditures in excess of appropriations made by the legislature and the estimated amount to be expended((:  PROVIDED, That no expenditure shall be made in excess of the actual amount received, and no money shall be expended for any purpose except the specific purpose for which it was received)) by fiscal year.  The statement shall include the reasons requiring approval of the expenditure of the money as an unanticipated receipt instead of approval through the usual budget and appropriation processes.

(2) A copy of any proposal submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based on the receipt of unanticipated revenues shall be submitted to the legislative budget committee and ((also)) to the standing committees on ways and means of the house and senate ((if the legislature is in session)) at the same time as it is transmitted to the governor.

        Sec. 2.  Section 43.79.280, chapter 8, Laws of 1965 as amended by section 3, chapter 144, Laws of 1973 and RCW 43.79.280 are each amended to read as follows:

          If the governor ((approves such estimate)) elects to recommend the proposed expenditure in whole or part, ((he)) the governor shall endorse ((on)) each copy of the statement ((his approval, together)) with an appropriate recommendation including a statement of the amount ((approved in the form of an allotment amendment,)) recommended for legislative approval under section 4 of this 1985 act and transmit one copy to the head of the department, agency, board, or commission ((authorizing)) requesting the expenditure.  An identical copy of the governor's ((statement of approval)) recommendation and a statement of the amount ((approved)) proposed for expenditure shall be transmitted ((simultaneously)) for disposition to the legislative budget committee and ((also)) to the standing committees on ways and means of the house and senate ((of all executive approvals of proposals to expend money in excess of appropriations provided by law)).

        Sec. 3.  Section 4, chapter 144, Laws of 1973 and RCW 43.79.282 are each amended to read as follows:

(1) No state department, agency, board, or commission shall expend money in excess of appropriations provided by law based on the receipt of unanticipated revenues without complying with the provisions of RCW 43.79.260 through ((43.79.280)) 43.79.282.  No unanticipated receipt expenditure may be made in excess of the actual amount received and no money received as an unanticipated receipt or otherwise may be expended for any purpose except the specific purpose for which it was received.

(2) The legislative auditor shall compile executive expenditure recommendations made under RCW 43.79.280 and promptly submit them for legislative consideration and disposition as set forth in section 4 of this 1985 act.  The legislative auditor shall also prepare and submit appropriate recommendations as to legislative disposition of each proposal for additional spending recommended by the governor under RCW 43.79.280.  The legislative auditor shall also advise the office of financial management, the affected state agency, the house and the senate committees on ways and means of all legislative budget committee actions on spending proposals recommended by the governor under RCW 43.79.260 through 43.79.282 and section 4 of this 1985 act.

NEW SECTION. Sec. 4.  There is added to chapter 43.79 RCW a new section to read as follows:

          The legislative budget committee is authorized and directed to approve, modify and approve, defer, or reject by a majority vote any spending recommendations for unanticipated receipts or emergencies submitted by the governor during any period during which the legislature is not is session or has been in recess for three days or more.

        Sec. 5.  Section 1, chapter 83, Laws of 1975-'76 2nd ex. sess. and RCW 43.88.250 are each amended to read as follows:

          Whenever an emergency shall arise necessitating an expenditure for the preservation of peace, health or safety, or for the carrying on of the necessary work required by law of any state agency for which insufficient or no appropriations have been made, the head of such agency shall submit to the governor, duplicate copies of a sworn statement, setting forth the facts constituting the emergency and the estimated amount of money required therefor.  If the governor approves such estimate in whole or in part, the governor shall indorse ((on)) each copy of the statement ((the governor's approval, together)) with an appropriate recommendation including a statement of the amount ((approved as an allocation from any appropriation available for allocation for emergency purposes)) recommended for legislative approval under section 4 of this 1985 act and transmit one copy to the head of the agency ((thereby authorizing)) requesting the emergency expenditures and one copy each to the legislative budget committee and the house and senate committees on ways and means.

NEW SECTION. Sec. 6.  There is added to chapter 43.79 RCW a new section to read as follows:

          When the legislature is not in session or has been in recess for three calendar days or more the legislative budget committee is authorized and directed to approve, modify and approve, defer, or reject by a majority vote any recommendations by the governor to revise or amend appropriations items for programs or to state agencies to the extent of authorizing transfers between appropriation items from the same fund for an agency.

NEW SECTION. Sec. 7.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8.     This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.