SB 5793 — Concerning stipends for low-income or underrepresented community members of state boards, commissions, councils, committees, and other similar groups.

S-3869.1Z-0517.1 SUBSTITUTE SENATE BILL 5793 State of Washington 67th Legislature 2022 Regular Session By Senate State Government & Elections (originally sponsored by Senators C.

by request of Attorney General)General READRead FIRSTfirst TIMEtime 01/24/22.01/11/22.

ANReferred ACT Relating to allowingCommittee compensation for lived experience on boards,State commissions,Government councils,& committees,Elections. and other similar groups;

reenactingAN ACT Relating to stipends for low-income or underrepresented community members of state boards, commissions, councils, committees, and amendingother RCWsimilar 43.03.220;groups;

Sec.

2.

RCW 43.03.220 and 2011 1st sp.s.

c 21 s 55 and 2011 c 5 s 902 are each reenacted and amended to read as follows:

p.

1 SSB 5793 (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, no money beyond the customary reimbursement or allowance for expenses may be paid by or through the state to members of class one groups for attendance at meetings of such groups, except as provided in this subsection.

(a) Subject to available funding, an agency may provide a stipend to individuals who are low income or have 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) Stipends and reimbursements do not count as income or assets when calculating an individual's eligibility for state benefits.

(3)(((a) 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 p.

2 SSB 5793 and may use a meeting format that requires members to be physically present at one location only when necessary or required by law.

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

3.2.

(1)p. An agency exercising its authority to provide stipends under RCW 43.03.220(2) must report to the Washington state office of equity not later than August 30, 2023, as follows:

(a)1 ASB brief5793 description(1) Except as otherwise provided in this section, any member of thea groupsgroup forformed whichby a state office, agency, board, commission, or other similar entity is eligible to receive stipends havefor beentheir madeparticipation, available;provided the member is:

(b)(a) AnLow accountingincome; of the stipends provided;

andor (c)(b) AnPart analysis of whetheran andunderrepresented howdemographic thethat availabilitywill ofbe stipendsdirectly hasor reduceddisproportionately barriersimpacted toby participationdecisions andmade increasedby the diversitygroup. of group participants.

(2) TheRegardless Washingtonof stateeligibility, officemembers shall not receive stipends if they are employed by a federal, state, or local government agency and otherwise receiving compensation from such government for their participation as a member of equitythe shall:group that day.

(a)(3) CompileAgencies, boards, commissions, and analyzeother similar groups retain discretion over whether to provide stipends to group members as well as to determine the informationamount receivedof fromthe agenciesstipend underas provided by this section;section.

(b)Nothing Consultin withthis stakeholdersection communities;requires groups to provide stipends.

and(4) (c)Stipends Prepareshall anot reportexceed to$200 for each day during which the governormember andattends legislaturean official meeting or performs statutorily prescribed duties approved by Augustthe 30,chairperson 2024.of the group.

The(5) reportIndividuals musteligible includefor anstipends overallunder evaluationthis ofsection theare stipendeligible processfor authorizedreasonable inallowances RCWfor 43.03.220(2),child recommendationsand foradult improvingcare thereimbursement, process,lodging, and recommendationstravel toexpenses furtheras decreaseprovided barriersin toRCW participation43.03.050 and increase43.03.060 thein diversityaddition ofto groupstipend applicants.amounts.

(6) Nothing in this section 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.

(7) Agencies, boards, commissions, and other similar groups shall take reasonable measures to ensure that the process of seeking and securing stipends is made accessible to eligible members of groups.

(8) An agency may provide a stipend to individuals with lived experience who are not otherwise compensated for their attendance at meetings to support their participation in class one groups when the agency determines such participation is desirable in order to implement principles of equity as described in RCW 43.06D.020.

(9) Stipends and reimbursements do not count as income or assets when calculating an individual's eligibility for state benefits.

(10) The office of financial management must establish model policies to assist in carrying out the purposes of RCW 43.03.220, p.

2 SB 5793 43.03.230, 43.03.240, 43.03.250, and 43.03.265, and reimbursement of other expenses authorized under this chapter for members of groups described in RCW 43.03.220 including regulation of compensation or stipends and the conditions under which stipends and reimbursements shall be paid, so as to improve efficiency and to ensure proper use and accountability of compensation strictly in the public interest and for public purposes only.

(11) The office of financial management must convene a work group of state agencies to provide feedback and recommendations for the model policies under subsection (10) of this section.

The work group expires July 1, 2023.