04/22/2024 09:00 AM House FINANCE

HOUSE BILL NO. 116                                                                                                            
                                                                                                                                
     "An   Act  relating   to   appropriations  from   the                                                                      
     restorative justice account."                                                                                              
                                                                                                                                
9:04:58 AM                                                                                                                    
                                                                                                                                
Co-Chair Edgmon asked the bill  sponsor to provide a brief                                                                      
recap on the legislation.                                                                                                       
                                                                                                                                
REPRESENTATIVE JULIE COULOMBE, SPONSOR, explained that the                                                                      
bill reorganized the percentages of  the funds that passed                                                                      
through  the Restorative  Justice Account  that  fund non-                                                                      
profit  organizations  through  the  Council  on  Domestic                                                                      
Violence  and  Sexual  Assault  (CDVSA) for  services  for                                                                      
victims and domestic violence and sexual assault programs.                                                                      
The legislation changed the  share of the funds, reversing                                                                      
the share for CDVSA in the Department of Corrections (DOC).                                                                     
                                                                                                                                
Co-Chair Edgmon  asked staff  to provide  a review  of the                                                                      
fiscal notes.                                                                                                                   
                                                                                                                                
BRODIE   ANDERSON,  STAFF,  REPRESENTATIVE   NEAL  FOSTER,                                                                      
provided a  review of  two House  Finance Committee fiscal                                                                      
notes. He  began with the  DOC fiscal  note, OMB component                                                                      
number  2952. The  policy discussed  in the  bill switched                                                                      
percentages coming  from the  Restorative Justice Account.                                                                      
The  fiscal notes  reflected the  policy in  the  bill. He                                                                      
discussed fund  sources and noted  the Restorative Justice                                                                      
Fund had  a decrement of $7  million for the  FY 25 budget                                                                      
(the amount available) and would be appropriated in FY 25.                                                                      
There was a fund  source swap to UGF for the corresponding                                                                      
equal amount,  and in  the outgoing  years the  funds were                                                                      
indeterminate.  The  fiscal  note   assumed  a  3  percent                                                                      
allocation to  DOC.  He pointed  out  that the  UGF FY  25                                                                      
appropriation replaced the  restorative justice funds, and                                                                      
also allowed the department time  to transition to a lower                                                                      
allocation of restorative justice funds in outgoing years.                                                                      
                                                                                                                                
9:09:10 AM                                                                                                                    
                                                                                                                                
Mr. Anderson reviewed OMB component number 521 for CDVSA in                                                                     
the Department of  Public Safety (DPS). The note reflected                                                                      
an increase  of $7.5  million transferred from DOC  to the                                                                      
Restorative Justice  Funds. He noted  that the  grants and                                                                      
benefits line  showed the same amount  available. The bill                                                                      
allocated 79 percent to CDVSA and victims.                                                                                      
                                                                                                                                
9:10:20 AM                                                                                                                    
                                                                                                                                
Representative Josephson  observed that  the  fiscal notes                                                                      
would get a stamp if  the bill was moved out of committee.                                                                      
He  noted that  the  funds  in question  were  not in  the                                                                      
operating budget but asked if the funds would be considered                                                                     
by the Conference Committee and would effectively be in the                                                                     
budget.                                                                                                                         
                                                                                                                                
Mr. Anderson answered affirmatively and explained that the                                                                      
fiscal notes would replace the previous fiscal notes in the                                                                     
packets.  The  Conference  Committee  would  consider  and                                                                      
negotiate a fiscal note package. Conference Committee would                                                                     
have  the  ability   to  reconcile  the  operating  budget                                                                      
components, but  after  conference committee  approval the                                                                      
bill would enforce whatever funding had been allocated for                                                                      
FY 25.                                                                                                                          
                                                                                                                                
Co-Chair Johnson asked  if there were two  or three fiscal                                                                      
notes.                                                                                                                          
                                                                                                                                
Mr. Anderson replied that there were two fiscal notes.                                                                          
                                                                                                                                
Co-Chair Johnson asked if the fiscal notes were a decrement                                                                     
to DOC.                                                                                                                         
                                                                                                                                
Mr. Anderson replied that DOC  would be held harmless with                                                                      
no cuts  visible for FY 25.  There was a  fund source swap                                                                      
between the Restorative Justice  Fund and the undesignated                                                                      
general funds (UGF).  In outgoing years, there  was no UGF                                                                      
designated in FY  26 through FY 30.  He explained that the                                                                      
DOC fiscal note  would only fund FY  25, and in  FY 26 DOC                                                                      
would be required to request an increment in future years.                                                                      
The  $7.5  million would  not  enter  the  base budget  in                                                                      
perpetuity until requested the following year.                                                                                  
                                                                                                                                
Co-Chair  Johnson stated  her understanding  that at  some                                                                      
point  incarcerated individuals' Permanent  Fund Dividends                                                                      
(PFDs) were garnished to go to the fund. She recalled that                                                                      
the fund was renamed as a restorative justice account, and                                                                      
most  of the  funding went  to offset  the cost  of having                                                                      
people  incarcerated. She did  not  want the  situation to                                                                      
happen again and noted that the fund was originally set up                                                                      
to  offset the cost  of incarceration rather  than benefit                                                                      
prisoners. She  wanted  to ensure  that there  was  a name                                                                      
change and  they were  now taking a  large portion  of the                                                                      
account. She thought it was a significant fiscal load.                                                                          
                                                                                                                                
9:16:08 AM                                                                                                                    
                                                                                                                                
Representative  Coulombe   relayed  that   the   fund  was                                                                      
established in 1988. In 2018 there was a policy change, and                                                                     
it  was  determined that  more  funding  would go  towards                                                                      
victims instead  of offsetting DOC  costs. The percentages                                                                      
laid out at the time still favored DOC, and she thought the                                                                     
bill was  another step to fulfill  the policy changes that                                                                      
happened in 2018  to restore victims. She mentioned people                                                                      
sharing concerns that victims were not getting restitution                                                                      
or  restoration, and  the  bill was  one  vehicle to  help                                                                      
stabilize  efforts  for  victims. She  mentioned  that  in                                                                      
statute CDVSA  was required  to put  together a prevention                                                                      
program, but  it  did not  have the  money to  do  so. The                                                                      
funding would aid  the agency with doing more preventative                                                                      
education programs. She added that the  House had put $3.7                                                                      
million in the budget for CDVSA and thought that the amount                                                                     
would be balanced.                                                                                                              
                                                                                                                                
Representative Galvin thanked  Representative Coulombe for                                                                      
finding some way  to ensure victims were better supported.                                                                      
She understood  the original intent  of the fund  may have                                                                      
been  different than  the  current  use,  but thought  the                                                                      
legislature needed to  find some common  ground to support                                                                      
victims.  She  supported the  bill.  She  asked about  the                                                                      
funding. She observed that the act was effective on July 1,                                                                     
2024. She understood the fund  was filled with PFD dollars                                                                      
that happened in October. She asked if FY 24 dollars would                                                                      
be rolled into the fund first.                                                                                                  
                                                                                                                                
EDRA  MORLEDGE,   STAFF,  REPRESENTATIVE  JULIE  COULOMBE,                                                                      
confirmed that the funds were from the PFD in 2023.                                                                             
                                                                                                                                
Co-Chair  Edgmon  understood  that   the  PFD  funds  were                                                                      
dispersed  in the  year  after the  calendar  year of  the                                                                      
dividend.                                                                                                                       
                                                                                                                                
Representative Ortiz  supported  the  bill.  He wanted  to                                                                      
clearly understand the fiscal implications. He asked if the                                                                     
intent of the  bill would direct more funding resources to                                                                      
victims in the first year of its enactment. He asked if the                                                                     
money would be replaced with General Fund money, and there                                                                      
would not be any immediate impact on DOC.                                                                                       
                                                                                                                                
Mr. Anderson replied affirmatively. The  DOC would be held                                                                      
harmless for FY 25.                                                                                                             
                                                                                                                                
Co-Chair Edgmon  noted there  were  no amendments  for the                                                                      
bill.                                                                                                                           
                                                                                                                                
Co-Chair  Johnson MOVED  to  REPORT CSHB  116(STA) out  of                                                                      
committee   with   individual   recommendations  and   the                                                                      
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, CSHB 116(STA) was REPORTED out of                                                                     
committee with eight "do pass" recommendations and one "no                                                                      
recommendation"   recommendation   and   with    one   new                                                                      
indeterminate fiscal note from the House Finance Committee                                                                      
for  the   Department  of   Public  Safety  and   one  new                                                                      
indeterminate fiscal note from the House Finance Committee                                                                      
for the Department of Corrections.                                                                                              
                                                                                                                                
9:22:38 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:23:45 AM                                                                                                                    
RECONVENED