2319-S2.E

AN ACT Relating to violence prevention; amending RCW 74.14A.020, 70.190.005, 70.190.010, 70.190.030, 74.14A.050, 74.14B.040, 70.123.010, 70.123.070, 28A.635.060, 13.40.080, 28A.170.080, 28A.170.090, 28A.170.100, 43.63A.700, 43.63A.710, 82.60.020, 82.62.010, 43.270.010, 43.270.020, 43.270.030, 43.270.040, 43.270.050, 43.270.060, and 43.270.070; reenacting and amending RCW 43.185.070; adding new sections to chapter 43.131 RCW; adding a new section to chapter 43.84 RCW; adding new sections to chapter 74.13 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding new sections to chapter 43.330 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 50.67 RCW; adding a new section to chapter 43.310 RCW; adding new sections to chapter 43.70 RCW; adding new sections to chapter 70.190 RCW; adding a new chapter to Title 70 RCW; adding new chapters to Title 43 RCW; adding a new chapter to Title 50 RCW; creating new sections; recodifying RCW 43.63A.700 and 43.63A.710; providing an expiration date; and declaring an emergency.

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

TABLE OF CONTENTS

PART I - HUMAN SERVICES: PREVENTION AND EARLY INTERVENTION... 3

A. PREVENTION OF CHILD ABUSE AND NEGLECT..................... 3

B. COMMUNITY-BASED PLANNING AND SERVICES FOR CHILDREN AND FAMILIES 6

1. Children and Family Services Policy....................... 6

2. Community Family Councils................................. 12

3. The Family Policy Council................................. 18

4. Miscellaneous............................................. 24

C. THERAPEUTIC CHILD CARE.................................... 27

D. BEFORE AND AFTER-SCHOOL CHILD CARE........................ 28

E. DOMESTIC VIOLENCE TREATMENT............................... 29

F. SUICIDE PREVENTION........................................ 30

PART II - EDUCATION: TRAINING, SAFE SCHOOLS, AND

PREVENTION AND INTERVENTION................ 33

A. EDUCATOR TRAINING AND ASSISTANCE.......................... 33

B. SAFE SCHOOLS-SAFE COMMUNITIES GRANT PROGRAM............... 34

C. CAREER LADDERS FOR AT-RISK YOUTH.......................... 37

D. SCHOOL DISCIPLINE AND SAFETY.............................. 39

E. DRUG, ALCOHOL, AND VIOLENCE PREVENTION AND INTERVENTION PROGRAM 47

PART III - COMMUNITY EMPOWERMENT.............................. 50

A. WASHINGTON YOUTHBUILD PROGRAM............................. 51

B. COMMUNITY EMPOWERMENT ZONES............................... 58

C. COMMUNITY EMPOWERMENT ZONE INCENTIVES..................... 62

1. Tax Deferrals for Investment Projects in Distressed Areas. 62

2. Tax Credits for Eligible Business Projects................ 64

3. Commercial District Revitalization

Technical Assistance................... 66

4. Youth Gangs............................................... 66

5. Community Policing Assistance............................. 66

D. COMMUNITY-BASED VIOLENCE PREVENTION AND REDUCTION......... 67

1. Violence Prevention and Intervention...................... 67

2. Shelter for Homeless Youth................................ 73

PART IV - TECHNICAL PROVISIONS................................ 74

PART I - HUMAN SERVICES: PREVENTION AND EARLY INTERVENTION

A. PREVENTION OF CHILD ABUSE AND NEGLECT

NEW SECTION. Sec. 101. HEALTHY FAMILIES-WASHINGTON PROGRAM‑-FINDINGS. The legislature finds that:

(1) Child abuse and neglect has been shown to be a significant risk factor for violent behavior. Abused or neglected children have an increased likelihood of arrest and involvement in violent crime as youths or adults, and of victimization;

(2) One of the most effective strategies for preventing child abuse and neglect is to offer parents education and support, at their request, beginning with the birth of their first baby in locations comfortable for parents; and

(3) Primary prevention efforts that offer parents education and support, and thereby reduce the rate of child abuse and neglect, are an essential component of any youth violence prevention effort.

NEW SECTION. Sec. 102. HEALTHY FAMILIES‑-WASHINGTON PROGRAM. (1) The department of health shall coordinate and fund community-based projects providing screening, tracking, and the delivery of appropriate primary prevention services to infants and toddlers and their families. The program shall be known as the healthy families‑-Washington program and shall have a goal of helping families and communities promote healthy child development, reduce preventable illnesses and disabilities, and reduce child abuse and neglect in Washington state.

(2) Participation by parents in the healthy families‑-Washington program shall be voluntary.

(3) Parents who elect to participate in the healthy families‑-Washington program shall receive education and support services only after signing a voluntary written authorization. The parents shall be informed of their right to withdraw their decision to participate in the healthy families‑-Washington program at any time of their choosing.

(4) Program criteria shall be established by the department of health in consultation with the family policy council established pursuant to chapter 70.190 RCW, and with private and public groups involved in child abuse and neglect prevention and shall reflect the following principles:

(a) Family policy principles enunciated by the family policy council;

(b) Flexibility in program design and implementation to accommodate unique community characteristics and needs;

(c) Services are offered, subject to the availability of funding, to infants and their families where a screening has revealed the infant meets one or more risk factors related to a biological, environmental, or psychosocial risk factor; and

(d) Increased coordination of existing services to prospective parents and parents of newborn children.

(5) The department of health shall establish a sliding fee scale for the provision of services under sections 102 through 104 of this act.

(6) For the purposes of sections 102 through 104 of this act "parent" means the birth or adoptive parent, or the legal guardian of a child.

NEW SECTION. Sec. 103. HEALTHY FAMILIES-WASHINGTON PROGRAM SITES‑-REQUIREMENTS. (1) Each community-based healthy families--Washington program site shall be designed to promote healthy child development and to reduce the incidence of preventable illnesses, disabilities, and child abuse and neglect in the defined community.

(2) Program participation by parents shall be voluntary. In offering or providing services, every effort shall be made to coordinate with and utilize other programs that fund or provide any of the services referenced in subsection (3) of this section. The primary focus for expenditure of healthy families‑-Washington program funds should be development of a coordinated system of family support services for parents of newborn children in the community who meet eligibility criteria, provision of visits at locations comfortable for parents and provision of services referenced in subsection (3) of this section that are not currently funded from other sources.

(3) Each program site shall make the following services available to families in the defined community:

(a) Voluntary screening prior to or soon after the birth of a child to determine whether an infant meets one or more risk factors related to a biological, environmental, or psychosocial risk factor;

(b) Visits for expectant or new parents of infants identified pursuant to (a) of this subsection and their parents, who have voluntarily signed a written authorization to participate, at a location with which the parent is comfortable. Visits shall be conducted by professionals or paraprofessionals under rules established by the department of health. If a professional or paraprofessional is not available to conduct the visit, volunteers may be used to the extent that they meet minimum competency standards established by the department of health. At the initial visit, areas of concern shall be identified in consultation with the parents;

(c) Linking each family with a primary care provider for the infant, tracking the infant's utilization of well-child health services, and providing reminders to participating families when a well-child visit has been missed;

(d) Parenting education and skills development;

(e) Parenting and family support information and referral;

(f) Parent support groups;

(g) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.

(4) The department of health shall evaluate each program site. The evaluation shall include an analysis of the impact of program services on the rate of child abuse and neglect in the community served by the program. The department of health shall report to the appropriate committees of the house of representatives and senate on the effectiveness of the healthy families--Washington program and whether funding should be continued or terminated. The department of health shall report its findings on December 1, 1998.

NEW SECTION. Sec. 104. HEALTHY FAMILIES-WASHINGTON PROGRAM SITES‑-APPLICATIONS. In developing and designing each healthy families‑-Washington program site, the department shall:

(1) Actively involve entities in the community of the program site with a demonstrated interest in healthy child development and family support activities;

(2) Actively involve parents who are not affiliated with entities providing child development or family support services;

(3) Identify a lead agency in each site, which may be a private nonprofit or public agency, that will be responsible for fiscal and administrative coordination of the program site;

(4) Identify the entities that will be providing the services described in section 103(3) of this act to participating families through the program;

(5) Develop statistics for each program site, with the assistance of the department of social and health services, on the rate of childhood immunization, preventable illnesses and disabilities, and child abuse and neglect over at least the past five years;

(6) Identify the community matching funds required by the department of health by rule; and

(7) Include components that will demonstrate sensitivity to religious, cultural, and socioeconomic differences in the program site.

B. COMMUNITY-BASED PLANNING AND SERVICES FOR CHILDREN AND FAMILIES

1. Children and Family Services Policy

Sec. 105. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

The ((~~department of social and health services~~)) efforts of state agencies participating in the family policy council, as provided in RCW 70.190.010, individually and collectively, shall address the needs of children and their families, including emotionally disturbed ((~~and~~)) children with special health care needs, developmentally disabled, and mentally ill children, potentially dependent children, and families-in-conflict by:

(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to ((~~the~~)) family homes, consistent with the best interests and special needs of the child;

(2) Developing and implementing comprehensive, preventive, and early intervention social and health services that demonstrate the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

(3) Ensuring that appropriate social and health services are provided to the family unit both prior to the removal of a child from the home and after the family ((~~reunification~~)) is reunited;

(((3) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;))

(4) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

(5) Recognizing the interdependent and changing nature of families and communities, building upon inherent family strengths, maintaining families' dignity and respect, and tailoring programs to their specific circumstances;

(6) Being sensitive to family and community culture, norms, values, and expectations, ensuring that all services are accessible and are provided in a culturally competent and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of service planning, delivery, and evaluation efforts;

(7)(a) Developing coordinated ((~~social and health~~)) services for children and families which:

((~~(a)~~)) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

((~~(b)~~)) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

((~~(c)~~)) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

((~~(d)~~)) (iv) Focus resources on ((~~social and health~~)) problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

((~~(e)~~)) (v) Reduce duplication of and gaps in service delivery;

((~~(f)~~)) (vi) Improve planning, budgeting, and communication among ((~~all units of the department~~)) state and local agencies and private organizations serving children and families; and

((~~(g) Develop~~)) (vii) Use outcome standards for measuring the effectiveness of ((~~social and health~~)) services for children and families.

(b) In developing services under this subsection, local communities shall be partners with the state in planning, developing, implementing, and administering support systems that are tailored to their unique needs.

Sec. 106. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:

The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, and strengthen((~~, and help refashion family~~)) families' and ((~~community associations~~)) communities' efforts to care for children.

The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((~~a common~~)) an approach ((~~to their delivery~~)) that allows communities to design and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children ((~~and~~)); (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local services agencies; (3) to more effectively utilize state, regional, and local funds currently available for services to children and families by breaking down programmatic and administrative barriers, increasing collaboration among all child-serving systems, reducing duplication of services and coordinating services provided to individual children and their families; (4) to build upon local efforts already in place to accomplish the purposes of sections 105 through 125 of this act; (5) to bring together representatives of a broad range of local agencies, organizations, and individuals to develop an integrated children and family services system at the local level; (6) to provide data on unmet need and emerging issues that may require further state and local action; and (7) to partially decentralize and reconfigure children and family services, which may include those currently administered by the department of social and health services, the department of community, trade, and economic development, the department of health, the employment security department, and the office of the superintendent of public instruction.

Sec. 107. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Comprehensive plan" or "plan" means a two-year plan that identifies achievable outcomes for children and families, examines available resources and unmet needs ((~~for~~)), and designs an integrated system of services for children and families, as provided in section 112 of this act, for a city with a population in excess of one hundred fifty thousand, an Indian tribe, a county or a multicounty area((~~, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported~~)).

(2) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, the office of financial management, and such other departments as may be specifically designated by the governor.

(3) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, ((~~and~~)) the director of the department of community, trade, and economic development, and the director of the office of financial management, or their designees, one legislator from each caucus of the senate and house of representatives, and one representative of the governor. One representative each from counties, cities or towns, and school districts, one representative of the superior courts with a demonstrated interest in children, two representatives of children and family services providers, two citizens with a demonstrated interest in children, one representative of the business community and one representative of organized labor who has demonstrated an interest in children, also shall be appointed by the governor to serve on the council.

(4) "Outcome ((~~based~~)) standard" means a defined and measurable ((~~outcomes and indicators that make it possible for communities to~~)) standard against which the state and communities can evaluate progress in meeting their goals and ((~~whether systems~~)) that can be used to determine whether community family councils are fulfilling their responsibilities.

(5) (("Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a consortium's project. Up to half of the consortium's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

~~(6) "Consortium~~)) "Community family council" or "community council" means ((a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively)) an entity, other than a state agency, established pursuant to section 109 of this act.

(6) "Case management" means a service delivery method that provides easy access to the system and, where appropriate, development of a case plan for a child and his or her family, and service brokering between the family and service providers.

NEW SECTION. Sec. 108. DEVELOPMENT OF OUTCOME STANDARDS FOR CHILDREN AND FAMILIES. (1) The family policy council shall coordinate an interagency process to develop defined and measurable program and policy outcome standards for children and families, including children and families of color, in Washington state with respect to:

(a) Family self-sufficiency and stability;

(b) Family health;

(d) Youth at risk.

(2) In developing outcome standards, the council shall identify those measurable risk factors that are empirically linked to the outcomes identified in subsection (1) (a) through (d) of this section. Risk factors considered shall include, but are not limited to:

(a) Violent acts by youth;

(b) Substance abuse;

(d) Suicide and suicide attempts;

(e) Dropping out of school or school absenteeism;

(f) Child abuse and neglect and out-of-home placement;

(g) Poverty, homelessness, and inadequate nutrition and hunger;

(h) Single parent households;

(i) Unemployment or lack of job skills;

(j) Gang affiliation and lack of recreational or cultural opportunities;

(k) Domestic violence and sexual assault; and

(l) Physical, emotional, or behavioral disabilities.

(3) Outcome standards shall be developed in consultation with and with reference to the department of health's public health services improvement plan; the department of social and health services needs assessment data base; the commission on student learning; the child care coordinating committee; the developmental disabilities planning council; the comprehensive housing affordability strategies developed pursuant to 42 U.S.C. Secs. 12701 et seq.; the five-year Washington state housing advisory plan; the commissions on African-American affairs, Asian-American affairs, and Hispanic affairs; the governor's office on Indian affairs; other appropriate state entities involved in children and family services planning, and other appropriate research organizations, and shall make every effort to utilize outcome standards already developed through these efforts. On or before July 1, 1995, the family policy council shall report to appropriate committees of the legislature on the outcome standards developed to date, and a timeline for completing remaining standards.

2. Community Family Councils

NEW SECTION. Sec. 109. ESTABLISHMENT OF COMMUNITY FAMILY COUNCILS. A community family council shall be established according to the following process:

(1) No later than July 1, 1994, the county legislative authority of each county in the state shall convene a meeting of a diverse group of individuals interested in designing and providing coordinated services to children and their families. At a minimum, representatives of the following groups shall be invited: Parents, youth, people of color, Indian tribes, existing children's commissions, coalitions or task forces, community organizations providing support to families, such as churches and neighborhood associations, community mobilization coalitions or task forces, business, labor, local economic development and job training programs, housing organizations, local law and justice councils, juvenile courts, children and family services providers, regional support networks, county developmental disabilities boards, county drug and alcohol boards, school districts, community action agencies, cities or towns, local offices of state agencies, local health departments and districts, and any other entity that contracts with the state or local government to provide services to children and their families. If a county fails to convene a meeting by July 1, 1994, the family policy council may authorize an alternative local organization to convene the meeting.

(2) At the initial meeting of the consortium, a representative of the family policy council or its participating state agencies shall present an overview of sections 105 through 125 of this act, including its purpose and philosophy, and the role and responsibilities of community family councils. The consortium convened under subsection (1) of this section shall:

(a) Determine the membership of the community family council. A community family council shall consist of not less than nine, nor more than twenty-five members. The chair of the council shall be chosen as provided in subsection (3) of this section. Of the remaining members: One-fourth shall represent citizens, including parents, youth, business, religious institutions, and neighborhood associations; one-fourth shall represent local government; one-fourth shall represent children and family service providers; and one-fourth shall be individuals with demonstrated involvement in children's issues. Membership of the community family council shall be culturally diverse and adequately reflect the racial and cultural composition of the community. Community family council members shall serve a term of three years and until their successors are designated by the council. No member may serve in excess of two consecutive terms. Initial membership terms shall be staggered. Members shall not be compensated for the performance of their duties as members of the council, but may be reimbursed for essential travel and per diem expenses to ensure performance of the council's duties.

(b) Solicit nominations for community family council members from the various groups represented at the meeting. Each group to be represented shall select its own representatives. If, however, a particular group whose representation is required on the community family council cannot agree on a nominee or is not represented at the meeting, the consortium shall select the nominee.

(3) The community family council chosen under subsection (2) of this section shall:

(a) Define the jurisdiction of the community family council to include a county, multicounty area, a city with a population in excess of one hundred fifty thousand, or a tribal government. If a city or tribal government forms its own community family council, its comprehensive plan shall describe how it will be coordinated with the plan of the county in which it is located. Community family councils may break down into smaller geographic areas for development of community specific plans, which shall then be incorporated into the jurisdiction-wide comprehensive plan.

(b) Choose a chair from among the council's membership. The chair shall be a lay person.

(c) Designate a lead agency or entity. The lead agency shall be primarily responsible for coordinating development and implementation of the comprehensive plan, and shall serve as the fiscal agent for receipt and administration of any funds received from the children and family services fund established in section 116 of this act. The lead agency also shall be responsible for initial efforts to resolve disputes within community family councils. If resolution of such a dispute cannot be achieved at the community level, the dispute shall be mediated as provided in section 115 of this act. Funds expended by a lead agency for administration shall not exceed the greater of:

(i) Five percent of funds received from the children and family services fund or of funds allocated to programs for which modifications have been authorized by the legislature under section 119 of this act;

(ii) Up to ten percent of funds received from the children and family services fund or of funds allocated to programs for which modifications have been authorized by the legislature under section 119 of this act, upon a showing by the lead agency that good cause exists to exceed the five percent limitation, and upon approval by the family policy council; or

(iii) The minimum fixed dollar amount for administration established by the family policy council.

(4) The family policy council shall have final approval authority of the designated membership, chair, lead agency, and jurisdiction of each community family council to ensure that the requirements of this section have been met. The family policy council shall act upon a community family council's request for approval within ninety days of receipt of such request. If a community family council is unable to reach consensus on its membership, chair, lead agency, or jurisdiction by January 1, 1995, the family council shall designate such membership, chair, lead agency, or jurisdiction, following consultation with appropriate persons or organizations in the affected county or counties. If the family policy council finds that a particular geographic area is not included in the jurisdiction of any community family council, the family policy council may require one or more of the community family councils in closest proximity to the identified geographic area to extend their jurisdiction to include all or part of such area.

(5) All meetings of the community family council are subject to the open public meetings act under chapter 42.30 RCW.

(6) The first meeting of the community family council shall occur no later than October 1, 1994.

NEW SECTION. Sec. 110. DEVELOPMENT AND IMPLEMENTATION OF COMPREHENSIVE PLANS. (1) The community family council shall promote wellness for children and families in its jurisdiction, and oversee the development and implementation of an integrated system of services for children and their families, and of a comprehensive plan.

(2) The community family council shall take the following actions in development of its comprehensive plan:

(a) Utilize state-wide data provided by the family policy council. Such data may include, but is not limited to census information, broken down by race and ethnicity, and free and reduced price school lunch participation rates;

(b) Define outcome standards, with numeric goals, for its jurisdiction, based upon the outcome standards in section 108 of this act;

(c) Define the needs of children and families that must be addressed to achieve the outcome standards defined in (b) of this subsection;

(d) Conduct a local needs assessment, in accordance with rules adopted by the family policy council for this purpose, that examines services available to meet the needs identified pursuant to (c) of this subsection. The assessment shall identify:

(i) Available services that function effectively;

(ii) Available services that do not function effectively and why those services do not function effectively;

(iii) Duplication of available services;

(iv) Needed services that are unavailable; and

(v) Facilities in which services for children and families are or could be located, including but not limited to school buildings.

If a jurisdiction served by a community family council has conducted a needs assessment that substantially meets the requirements of this subsection through utilization of recent and relevant data, an additional needs assessment shall not be required;

(e) Prepare the comprehensive plan and such later amendments to the plan as are necessary, as provided in sections 111 and 112 of this act. Prior to finalization of the comprehensive plan, the council shall hold a public hearing to solicit oral and written comments on the draft plan. A summary of the public response regarding the appropriateness and effectiveness of the comprehensive plan shall be submitted to the family policy council with the plan;

(f) Submit the comprehensive plan to the legislative authority of each county, city, town, or tribal government within the council's jurisdiction for review prior to submission to the family policy council. The legislative authority of a county, city, or town with population in excess of five thousand shall hold a public hearing to solicit comments on the plan. All other counties, cities, and towns are encouraged to hold such a public hearing. Any oral or written response of the legislative authority to the plan and any testimony given at the public hearing shall be submitted to the family policy council with the plan;

(g) Submit the comprehensive plan to the family council for review and approval on or before October 1, 1996, as provided in section 118 of this act.

(3) The community family council also shall:

(a) Monitor progress of key outcomes related to the comprehensive plan; and

(b) Adopt calendar year budgets for the council within the funds available and forward them to the lead agency.

(4) A community family council may make interim recommendations to the family policy council, and other state and local agencies on how services might be improved in the interim until the final comprehensive plan is adopted.

NEW SECTION. Sec. 111. ENSURE PUBLIC PARTICIPATION. Each community family council shall establish procedures providing for early and continuous public participation in the development and amendment of comprehensive plans. The procedures shall provide for broad dissemination of proposals, opportunity for written comments, public meetings after effective notice, provision for scheduled open public discussion at each community family council meeting, and consideration of and response to public comments. Community family councils are encouraged to establish task forces, work groups, or other advisory committees to broaden public participation in their efforts.

NEW SECTION. Sec. 112. COMPREHENSIVE PLAN COMPONENTS. (1) The submission of a comprehensive plan meeting the requirements of this section to the family policy council shall be a condition precedent to modification of categorical program requirements by the legislature as provided in section 119 of this act.

(2) A comprehensive plan shall include:

(a) Defined, measurable outcome standards for the jurisdiction served by the plan based upon the standards developed under section 108 of this act. The outcome standards shall reflect ten-year goals, and the plan shall be designed to achieve measurable progress toward meeting those goals;

(b) Results of the local needs assessment conducted pursuant to section 110(2) of this act;

(d) An assessment of the economic status of the community, economic opportunities available within the community, and recommendations pertaining to coordination of economic and social development efforts;

(e) A detailed description of how the plan will meet its outcome standards. This description shall include an explanation of:

(i) How appropriate needs of children and families in the community family council's jurisdiction will be identified and addressed, giving consideration to the use of uniform application forms and assessment tools, case management services, and centralized information and referral services;

(ii) How emphasis has been placed on contracting with, or utilizing existing service delivery systems and entities that have in the past provided quality services to children and their families in the jurisdiction served by the community family council and have demonstrated an interest in continuing to provide such services;

(iii) Current interagency efforts to collaborate in the delivery of services to children and families and to coordinate services to children and families across service systems, the barriers to achieving full collaboration and coordination, and how full collaboration and coordination will be achieved under the comprehensive plan, including discussion of how existing interagency efforts addressing children and family services issues will be incorporated into the plan;

(iv) How funding for existing services will be coordinated to create more flexibility; and

(v) How children and families will benefit from the restructuring of children and family services proposed in the plan, with specific attention to the defined outcome standards;

(f) Designation of the lead agency;

(g) Any requests for grants from the children and family services fund as provided in section 117 of this act, or for legislative modification of categorical program restrictions as provided in section 119 of this act;

(h) Assurances that services provided under the plan will be culturally relevant and accessible to communities of color and underserved populations; and

(i) Assurance that funding for services to children and families by counties, cities, towns, and tribal governments in the jurisdiction served by the council will be maintained at levels no less than those in effect on January 1, 1994.

(3) Each community family council shall submit its comprehensive plan to the family policy council on or before October 1, 1996. Plans submitted prior to that date shall be reviewed and acted upon by the family policy council within ninety days of their receipt by the council. If a jurisdiction fails to establish a community family council or to submit a comprehensive plan by that date, the family policy council shall designate a single state agency to assume responsibility for development of a comprehensive plan, in consultation with interested persons and organizations in the jurisdiction.

(4) Upon request of the family policy council, community family councils shall cooperate with, and participate in any evaluation of, the efforts undertaken through this chapter.

NEW SECTION. Sec. 113. The designated lead agency of the community family council is authorized to receive and spend funds received through the state under this chapter, any federal funds received through any state agency, any local funds made available by political subdivisions within the jurisdiction of the community family council for planning or service delivery, or any private gifts, donations, funds, or property received by it for the benefit of children and families.

3. The Family Policy Council

Sec. 114. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:

POWERS AND DUTIES OF THE FAMILY POLICY COUNCIL. ((~~(1)~~)) The family policy council shall ((~~annually solicit from consortiums proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:~~

~~(a) A comprehensive plan has been prepared by the consortium; and~~

~~(b) The consortium has identified and agreed to contribute matching funds as specified in RCW 70.190.010; and~~

(c) An interagency agreement has been prepared by the family policy council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and

(d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]

(e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and

(f) The consortium has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The consortium must submit reports to the family policy council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

~~(2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.~~

~~(3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.~~)):

(1) Be responsible for state-wide planning and policy development for services to children and families, in consultation with community family councils;

(2) Initiate an interagency effort to identify opportunities to utilize common program applications and eligibility criteria, assessment tools, and reporting and recordkeeping procedures for children and family services funded by participating state agencies;

(3) Define children and family services outcome standards as provided in section 108 of this act;

(4) Review and act upon requests from community family councils for grants from the children and family services fund submitted pursuant to section 117 of this act;

(5) Review and act upon comprehensive plans as provided in section 118 of this act;

(6) Review and act upon requests for legislative modification of categorical program restrictions as provided in section 119 of this act;

(7) Establish a uniform system of reporting and collecting statistical data from agencies serving children and families, with the department of health as the primary state repository of this data;

(8) Negotiate federal waivers as necessary;

(9) Adopt rules as necessary to implement this chapter, as provided in chapter 34.05 RCW; and

(10) Beginning on November 1, 1994, make annual reports to the governor and the appropriate legislative committees of the legislature on the following:

(a) The status and results of efforts undertaken pursuant to subsection (2) of this section;

(b) Grants awarded pursuant to section 117 of this act;

(d) The progress in meeting outcome standards established pursuant to section 108 of this act; and

(e) Recommended statutory changes to improve the delivery and financing of services to children and their families.

NEW SECTION. Sec. 115. TECHNICAL ASSISTANCE, GRANTS, AND MEDIATION SERVICES. (1) The family policy council and its participating state agencies shall provide technical and financial assistance and incentives to community family councils to encourage and facilitate the adoption and implementation of comprehensive plans.

(2) The department of community, trade, and economic development, with approval of the family policy council may issue grants from the children and family services fund established pursuant to section 116 of this act to provide direct financial assistance to community family councils for the preparation of comprehensive plans under this chapter. The council may establish provisions for matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a comprehensive plan as the department of community, trade, and economic development and the community family council may agree, including citizen participation, conducting needs assessments, data gathering, the retention of consultants, and other related purposes. The department of community, trade, and economic development shall monitor grants issued under this subsection.

(3) Participating state agencies shall provide technical assistance to community family councils, upon request, that includes but is not limited to assistance with: Initiation of collaborative efforts to plan services for children and families, coordination of service delivery for children and families across service systems, development of comprehensive plans, allowable use of federal and state funds, feedback on the progress of local restructuring efforts, implementation of comprehensive plans and training and professional development for front line workers who work directly with children and their families. Technical assistance also shall include attendance at the initial meeting of each consortium, as provided in section 109(2) of this act, and identification and distribution of state-wide data and relevant research.

(4) Participating state agencies shall provide mediation services to resolve disputes between community family councils, and disputes within community family councils that could not be resolved at the community level by the lead agency as provided in section 109(3) of this act.

NEW SECTION. Sec. 116. CHILDREN AND FAMILY SERVICES FUND. The children and family services fund is created in the state treasury. Moneys in the account may be spent only after appropriation. Moneys in the account may be expended only for:

(1) Grants of flexible funds to designated lead agencies of community family councils to facilitate improved delivery of services to children and families, as provided in section 117 of this act; and

(2) Technical assistance and planning grants to designated lead agencies of community family councils for development of comprehensive plans, as provided in section 115 of this act.

NEW SECTION. Sec. 117. REQUESTS FOR GRANTS FROM THE CHILDREN AND FAMILY SERVICES FUND. (1) Lead agencies, on behalf of community family councils, may make requests for grants from the children and family services fund for:

(a) Development of comprehensive plans;

(b) Implementation of comprehensive plans; or

(c) Improved delivery of services to children and families pending completion of a comprehensive plan, if the community family council has completed the needs assessment described in section 110(2) of this act, identified unmet needs in their jurisdiction, and met any other requirements established by the family policy council in rule. The request for funds shall describe the intended use of the funds and demonstrate that the intended use is consistent with the principles stated in RCW 74.14A.020 and 70.190.005.

(2) In adopting rules to implement this section, the family policy council shall consider the population of the area served, the needs of the area, and the ability of the community to provide funds for and participate in the coordination and delivery of services for children and their families. The family policy council may condition the receipt of a grant under subsection (1) (b) or (c) of this section on the following:

(a) Availability of information and referral services for children and their families in the community served by the community family council;

(b) Coordination of services for children and families to ensure maximum utilization of all available services and funding; and

(c) Preparation of a comprehensive plan for present and future development of services and for reasonable progress toward the coordination of all services for children and their families.

(3) The family policy council shall review applications from lead agencies made under this section. The family policy council may approve an application if it meets the requirements of this section and rules adopted by the family policy council. The department of community, trade, and economic development shall be responsible for issuance, administration, and monitoring of grants approved by the family policy council under this section.

NEW SECTION. Sec. 118. REVIEW OF COMPREHENSIVE PLANS. (1) The family policy council shall review comprehensive plans submitted pursuant to sections 110 and 112 of this act. The council may disapprove a comprehensive plan in whole or in part only upon making specific findings that the local plan substantially fails to comply with the principles stated in RCW 74.14A.020 or 70.190.005 or with section 112 of this act. If the council disapproves a comprehensive plan in whole, the council shall identify with particularity the manner in which the plan is deficient. If the council disapproves only part of the plan, the remainder of the plan may be implemented. The council shall assist in remedying the deficiencies in the comprehensive plan. The council shall set a date by which the comprehensive plan or the deficient portions of the plan shall be revised and resubmitted.

(2) Upon approval of a comprehensive plan, the family policy council shall enter into contracts with designated lead agencies of community family councils. The contracts shall:

(a) Reflect the principles stated in RCW 74.14A.020 and 70.190.005;

(b) Clearly articulate the responsibilities of the lead agency and the community family council;

(c) Clearly state the terms of any grants issued pursuant to section 117 of this act or any legislative modifications of categorical program restrictions made pursuant to section 119 of this act that are part of a comprehensive plan;

(d) Ensure that coordination within and across counties is maximized;

(e) Ensure that community family councils have access to sufficient and timely data to make informed and equitable funding decisions; and

(f) Include procedures for taking action in identified incidents of misfeasance or nonfeasance by the lead agency or a community family council.

NEW SECTION. Sec. 119. LEGISLATIVE MODIFICATION OF CATEGORICAL PROGRAM RESTRICTIONS. (1) The family policy council shall review requests by community family councils for modification of state statutory restrictions on categorical children and family services programs that seek to utilize such categorical program funds in a more flexible fashion. Modification requests may seek flexibility in the use of categorical program funds with respect to: Eligibility criteria; services provided to children or families; or use of funds appropriated for the program to meet a need other than that for which the program was established, upon a showing by the council that the need the categorical funds were intended to address has been met through an alternative program or fund source.

(2) Any modification request submitted by a community family council shall be submitted as part of the council's comprehensive plan. The request shall state with specificity:

(a) The statutory requirements for which modification is requested;

(b) The reasons such modification is necessary in the context of the comprehensive plan; and

(c) How children and families in the jurisdiction served by the community family council will benefit from the modification, particularly with respect to achieving the outcome standards defined in the comprehensive plan.

(3) The family policy council shall review modification requests submitted by community family councils. Modification requests meeting the requirements of this section shall be submitted to the legislature for its consideration in the report submitted pursuant to RCW 70.190.030(10).

NEW SECTION. Sec. 120. STATE AGENCY COMPLIANCE WITH COMPREHENSIVE PLANS. Consistent with state and federal law and the biennial appropriations act, participating state agencies shall comply with approved comprehensive plans adopted pursuant to this chapter. Nothing in this chapter shall be construed to limit the duties of participating state agencies under chapters 13.34 and 74.13 RCW.

NEW SECTION. Sec. 121. The family policy council may solicit, accept, and receive federal, state, or private funds or property for the purpose of carrying out the provisions of sections 105 through 125 of this act.

4. Miscellaneous

Sec. 122. RCW 74.14A.050 and 1993 c 508 s 7 are each amended to read as follows:

The secretary shall:

(1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

(i) Placement within the foster care system for two years or more;

(ii) Multiple foster care placements;

(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

(iv) Chronic behavioral or educational problems;

(v) Repetitive criminal acts or offenses;

(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

(2) In consultation with community family councils, develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to meet individual needs and choices of the child and family. The programs must be ready for implementation by ((~~January 1, 1995~~)) July 1, 1996;

(3) ((Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within thirty days of placement;

~~(4)~~)) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

((~~(5)~~)) (4) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth; and

((~~(6)~~)) (5) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition((~~; and~~

~~(7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994~~)).

NEW SECTION. Sec. 123. A new section is added to chapter 43.131 RCW to read as follows:

SUNSET REVIEW OF FAMILY POLICY COUNCIL. The family policy council and its powers and duties shall terminate effective June 30, 2001.

NEW SECTION. Sec. 124. A new section is added to chapter 43.131 RCW to read as follows:

SUNSET REVIEW OF FAMILY POLICY COUNCIL. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002.

(1) RCW 70.190.005 and section 106 of this act & 1992 c 198 s 1;

(2) RCW 70.190.010 and section 107 of this act & 1992 c 198 s 3;

(3) Section 108 of this act;

(4) Section 109 of this act;

(5) Section 110 of this act;

(6) Section 111 of this act;

(7) Section 112 of this act;

(8) Section 113 of this act;

(9) RCW 70.190.030 and section 114 of this act & 1992 c 198 s 5;

(10) Section 115 of this act;

(11) Section 116 of this act;

(12) Section 117 of this act;

(13) Section 118 of this act;

(14) Section 119 of this act;

(15) Section 120 of this act; and

(16) Section 121 of this act.

NEW SECTION. Sec. 125. A new section is added to chapter 43.84 RCW to read as follows:

The children and family services fund established under section 116 of this act is exempt from the provisions of RCW 43.84.092 and shall receive its proportionate share of earnings based upon the account's average daily balance for each monthly period.

C. THERAPEUTIC CHILD CARE

NEW SECTION. Sec. 126. The legislature finds that therapeutic child care services have been shown to be effective in preventing delinquent and aggressive behavior, drug and alcohol use, and involvement in violent crime by children who have been abused or neglected. The legislature further finds that state general fund savings will be realized beginning in the current biennium through the receipt of federal medical assistance matching payments for therapeutic child care services. It is the intent of the legislature that these general fund state savings be used to continue to support abused or neglected children who have received intensive therapeutic child care services and are living with their parents, other family members, or in foster care.

Sec. 127. RCW 74.14B.040 and 1987 c 503 s 13 are each amended to read as follows:

(1) The department shall, within funds appropriated for this purpose, provide therapeutic ((~~day~~)) child care and day treatment to children who have been abused or neglected and meet program eligibility criteria.

(2) As used in this section, "therapeutic child care" means services provided to abused or neglected children, one month through five years of age, and their families referred by child protective services in the context of a child care setting to protect children from further maltreatment and remediate the effects of past maltreatment. Such services shall include, but are not limited to: Transportation to and from the therapeutic child care program; development and implementation of an individualized developmental plan for each child served in the program; counseling and parent instruction for the family; play therapy for the child; physical examinations and nursing services; and home visits. Counseling and parent instruction in the home setting may be provided as transitional services to children and families who are no longer receiving therapeutic services at the site of the therapeutic child care program.

D. BEFORE AND AFTER-SCHOOL CHILD CARE

NEW SECTION. Sec. 128. A new section is added to chapter 74.13 RCW to read as follows:

(1) The legislature finds that there has been a dramatic increase in participation of women in the work force that has made the availability of quality, affordable child care a critical concern for the state and its citizens. An unacceptably high number of children ages five to fourteen have no adult supervision when school is not in session and their parents are at work. These "latchkey" children are at increased risk of lower academic achievement, emotional and social adjustment problems, and substance abuse. Children age eleven to fourteen are particularly at risk for making destructive choices about alcohol and drugs, tobacco, sexual activity, gang involvement, and their overall role in society. The lack of affordable before-and-after-school child care programs also represents a lost opportunity for school-aged children to gain academically, develop social skills, and increase their self-reliance.

(2) It is the policy of the state of Washington to encourage and support efforts by local communities to develop affordable, quality before-and-after-school child care programs by:

(a) Raising awareness of the benefits children and their parents can realize through participation in before-and-after-school child care programs;

(b) Providing technical assistance to local communities in their efforts to develop before-and-after-school child care programs through state agencies and child care resource and referral programs; and

(c) Providing financial support, to the extent of available federal and state funds, for before-and-after-school child care through subsidies for low-income families and direct assistance for start-up and expansion of before-and-after-school child care programs to reduce inequities among populations or communities.

NEW SECTION. Sec. 129. A new section is added to chapter 74.13 RCW to read as follows:

The child care coordinating committee, established pursuant to RCW 74.13.090, shall administer grant funds for before-and-after-school child care programs for school-aged children. A school district or community-based organization may receive a grant under this section only if the district or organization has adopted a fee schedule based on the projected costs of services and has submitted to the child care coordinating committee an operating plan demonstrating that, after its initial twenty-four months of operation, the program is expected to be fully supported through fees, other local revenues and child care subsidy payments made by the department of social and health services or other agencies on behalf of the children of low-income families using the program. The grants may be used for establishing new programs or for expanding existing programs, but may not be used for costs incurred more than twenty-four months after the establishment of a before-and-after-school program at a particular site. No grant may support more than seventy-five percent of a district's or organization's program costs during the initial twenty-four months. The grants may be used for community needs assessments, planning and design of programs, equipment and supplies, capital improvements including portables, and initial operating expenses, for the first six months of operation. School districts or community-based organizations shall be selected to receive grants based on documented demand for expansion of child care services, and, in particular, demand from low-income families.

E. DOMESTIC VIOLENCE TREATMENT

Sec. 130. RCW 70.123.010 and 1979 ex.s. c 245 s 1 are each amended to read as follows:

The legislature finds that domestic violence is an issue of growing concern at all levels of government and that there is a present and growing need to develop innovative strategies and services which will ameliorate and reduce the trauma of domestic violence. Research findings show that domestic violence constitutes a significant percentage of homicides, aggravated assaults, and assaults and batteries in the United States. Domestic violence is a disruptive influence on personal and community life and is often interrelated with a number of other family problems and stresses. Shelters for victims of domestic violence and their children are essential to provide protection to victims and their children from further abuse and physical harm and to help the victim and children find long-range alternative living situations, if requested. Shelters provide safety, refuge, advocacy, and helping resources to victims and their children who may not have access to such things if they remain in abusive situations.

The legislature therefore recognizes the need for the state-wide development and expansion of shelters for victims of domestic violence.

Sec. 131. RCW 70.123.070 and 1979 ex.s. c 245 s 7 are each amended to read as follows:

Shelters receiving state funds under this chapter shall:

(1) Make available shelter services to any person who is a victim of domestic violence and to that person's children;

(2) Encourage victims, with the financial means to do so, to reimburse the shelter for the services provided;

(3) Recruit, to the extent feasible, persons who are former victims of domestic violence to work as volunteers or staff personnel. An effort shall also be made to provide bilingual services;

(4) Provide prevention and treatment programs to victims of domestic violence((,)) and their children, including but not limited to parenting support for victims, education and conflict resolution skills, and information and referral services, and, where possible, the abuser;

(5) Provide a day program or drop-in center to assist victims of domestic violence who have found other shelter but who have a need for support services; and

(6) Provide information and referral services to victims of domestic violence and their children for appropriate services from other service providers.

F. SUICIDE PREVENTION

NEW SECTION. Sec. 132. The legislature finds that suicide is one of the most serious and tragic phenomena affecting children and youth, the third leading cause of death of young persons from fifteen to twenty-four years of age, and the second leading cause of death for youth from fifteen to nineteen years of age, following unintentional injuries and homicide. The suicide rate among teenagers, in today's age of rage where anger is turned inwards in the form of depression, has increased forty percent from 1980 to 1990. Over forty percent of teenage girls and twenty-five percent of teenage boys have seriously considered suicide; and one out of every seven teenagers has attempted suicide at least once. Between 1979 and 1988, according to national figures, the suicide rate for the ten to fourteen year old age group alone increased seventy-five percent, while the murder rate increased forty-two percent.

Suicide is a dimension of violence that is directed towards self instead of others, an implosion rather than an explosion, in response to a sense of hopelessness from troubling problems associated with drug and alcohol abuse, loneliness, depression, and relationship difficulties in a society increasingly characterized by dysfunctional families, new economic realities, and the widening gap between rising youthful aspirations and fewer opportunities.

Suicide can be preventable through intervention strategies that involve crisis intervention through trained professionals; attention towards the amelioration of those personal conditions that engender anger and related depression; education programs for managing personal problems that augment self-esteem; and through control of contagion and unresolved grief in crisis situations. It is imperative to address this tragic phenomenon not only as a serious public health and safety problem, but in the interests of assuring the future of American society with healthy role models fully capable of participating and contributing to the welfare of their own families and the community.

The purpose of sections 133 through 135 of this act is to provide for the development of a plan for a state-wide suicide prevention program for addressing youth suicide.

NEW SECTION. Sec. 133. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Program" means a youth suicide prevention program established under section 134 of this act.

(2) "Secretary" means the secretary of the department of health.

NEW SECTION. Sec. 134. (1) The secretary shall develop a plan for a state-wide suicide prevention program to include state-wide and local strategies for addressing youth suicide. The plan shall be developed in consultation with:

(a) The superintendent of public instruction;

(b) The department of community, trade, and economic development;

(d) The department of social and health services;

(e) Local community agencies involved in suicide prevention;

(f) Local community mental health programs; and

(g) Such other entities as the secretary deems appropriate.

(2) In developing the plan, the secretary may include:

(a) An assessment of data and identification of the populations at risk, including effective programs currently available, and review of literature for models that have proven effective;

(b) Development of techniques for minimizing suicide contagion;

(c) The development of a suicide prevention policy and implementing state-wide and local strategies for addressing youth suicide, including community-based or school-based components where appropriate;

(d) An assurance function providing ongoing evaluation of the overall effectiveness of the youth suicide prevention program;

(e) The establishment of an interagency cooperative work group, appointing such participants as the secretary deems appropriate to facilitate development of policies and the implementing strategies of a suicide prevention program; and

(f) A twenty-four hour hotline telephone service.

(3) The secretary shall submit a proposed plan for establishing a state-wide suicide prevention program with implementing strategies to the appropriate standing committees of the legislature by December 1, 1994.

NEW SECTION. Sec. 135. In contemplation of the plan developed pursuant to section 134 of this act, the secretary may adopt rules establishing eligibility guidelines for state funding of youth suicide prevention programs pursuant to the plan. The rules shall include but not be limited to:

(1) Procedures for developing local programs, in cooperation with community health centers and local education agencies;

(2) Standards and policies for programs to offer, including, but not limited to: (a) Counseling related to youth suicide prevention; and (b) referral, crisis intervention, and information to students, parents, and school personnel;

(3) Procedures for monitoring and evaluating the effectiveness of programs receiving state funds; and

(4) Procedures governing the review of, and approval and disapproval of, applications for state funding of approved programs.

NEW SECTION. Sec. 136. Sections 132 through 135 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 137. If specific funding for the purposes of sections 132 through 135 of this act, referencing sections 132 through 135 of this act by bill and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 132 through 135 of this act are null and void.

PART II - EDUCATION: TRAINING, SAFE SCHOOLS, AND

PREVENTION AND INTERVENTION

NEW SECTION. Sec. 201. The legislature finds that there is an increase in violence among our youth, including an increase in violent acts committed by and against youth, in the use of weapons, in substance abuse, in hate crimes, in sexual harassment, sexual abuse, and sexual assaults, and in deaths by suicide and homicide.

The legislature further finds that collaborative efforts among our youth and their families, schools, and communities are essential to reversing this increasing incidence of violence, and that both short-term safe school strategies and long-term conflict resolution skills development are needed.

The legislature further finds that it is essential to support staff development programs for school employees and teacher training programs that focus on the roots of violence and on strategies for teaching conflict resolution skills to students.

A. EDUCATOR TRAINING AND ASSISTANCE

NEW SECTION. Sec. 202. (1) To the extent funding is available, by December 31, 1994, the superintendent of public instruction shall prepare, or contract to prepare, a guide of available programs and strategies pertaining to conflict resolution and other violence prevention topics. The guide shall include descriptions of curricular and training resources that are developmentally and culturally appropriate for the school populations being served, and shall include information regarding how to contact the organizations offering these resources.

(2) The superintendent of public instruction shall provide the curricular and training resources guide to those educational service districts, school districts, schools, teachers, classified staff, parents, and other interested parties who request it.

(3) In carrying out its responsibilities under this section, the superintendent of public instruction shall coordinate with other agencies engaged in related efforts, such as the department of community, trade, and economic development, and consult with educators, parents, community groups, and other interested parties.

NEW SECTION. Sec. 203. A new section is added to chapter 28A.300 RCW to read as follows:

The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state.

NEW SECTION. Sec. 204. A new section is added to chapter 28A.305 RCW to read as follows:

Effective September 1, 1995, the state board of education shall require, as a condition of program approval of teacher preparation programs under RCW 28A.305.130(1), that the programs provide instruction in, or have educational outcomes pertaining to, the teaching of conflict resolution and other violence prevention skills.

B. SAFE SCHOOLS-SAFE COMMUNITIES GRANT PROGRAM

NEW SECTION. Sec. 205. A new section is added to chapter 43.330 RCW to read as follows:

(1) The department of community, trade, and economic development shall administer a safe schools-safe communities program that provides financial and technical resources for community and school-based initiatives that offer youth long-term positive alternatives to violence, reduce the factors contributing to youth violence, and establish strong ties between children and youth and their communities.

(2) The department shall establish a process to fund:

(a) Safe school teams that develop and implement strategies to make schools safer and prevent violence;

(b) Education assistance, including tutoring, mentoring, drop-out prevention, and reentry assistance services;

(c) Employment assistance, including job development, school‑to‑work placement, employment readiness training, basic skills, apprenticeships, and community service employment;

(d) Peer-to-peer, group, and individual counseling, including crisis intervention for at-risk youth and their parents;

(e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;

(f) Recreational opportunities that provide healthy, viable alternatives to violence;

(g) Life skills training, including anger management, conflict resolution, victim awareness, sexual harassment and assault awareness, empathy awareness, and cultural awareness training;

(h) Parental involvement, including education and training, home visits, and referrals;

(i) Resource and referral services for youth for a full range of basic services including health, food, housing, mental health, and other basic needs; and

(j) Self-esteem training, particularly for youth at high risk of teen pregnancy.

(3) The following organizations shall be eligible to receive grants: School districts, community family councils, community-based private nonprofit organizations, educational service districts, juvenile institutions, Indian tribes, private industry councils, and local governments.

(4) The department shall consider at least the following factors when selecting projects for funding:

(a) Whether there was an assessment made of the factors contributing to the problem of youth violence in the community that includes empirical evidence linking these factors to youth violence and a strategy proposed that addresses the factors identified;

(b) Whether there was active community and youth participation in designing the program and in proposed implementation of the program;

(d) Whether there is collaboration with the local business community, labor organizations, and training institutions when employment and training projects are proposed;

(e) Whether there is local commitment of resources and effort to carrying out the project in the short term and a long-term commitment to reducing youth violence;

(f) Whether there is research that supports the likely success of the proposed project;

(g) Whether the proposed intervention will include cognitive, affective, and behavioral interventions;

(h) The likelihood that the project will significantly benefit youth who are at risk or will increase public safety in areas with high rates of violent crime by juveniles;

(i) The experience or expertise of the applicant to carry out the proposed project; and

(j) The plan for evaluating the project.

(5) The department shall provide additional assistance to community-based efforts in skill development, employment readiness, and work experience, including: (a) Community-based mentoring programs, providing technical assistance and providing funds for program development; (b) tutoring services to at-risk youth by the retired senior volunteer program; and (c) private-sector efforts to assist in the employment and training of at-risk youth in such areas as work experience, mentoring programs, skill development, and apprenticeships. In developing and implementing these efforts, the department shall consult with the work force training and education coordinating board, employment security department, and other relevant agencies. The department shall provide funds to community-based organizations to identify at-risk youth to participate in private-sector efforts and to provide ongoing assistance to youth participating in the programs.

(6) The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. In-kind contributions may be used in calculating the local match.

(7) Subject to funding, grants shall be funded for three years. A second series of grants shall be awarded in 1996.

(8) The department shall provide successful applicants with technical assistance and training resources.

(9) The department shall work to involve youth in its efforts to reduce youth violence.

(10) The department shall establish a system to evaluate the effectiveness of the prevention and intervention initiatives. By January 1, 1996, and every biennium through June 30, 1999, the department shall submit to the governor and the legislature an evaluation of the projects funded under this section.

(11) For the purposes of this section, "community" means a geographic region recognized as a community by the applicant, including a neighborhood, city, county, Indian tribe, or multicounty region.

(12) This section shall expire June 30, 1999.

NEW SECTION. Sec. 206. If specific funding for the purposes of section 205 of this act, referencing section 205 of this act by bill and section number, is not provided by June 30, 1994, in the omnibus appropriations act, section 205 of this act is null and void.

C. CAREER LADDERS FOR AT-RISK YOUTH

NEW SECTION. Sec. 207. (1) The legislature finds that many teens who have dropped out of high school possess little motivation to return to a traditional high school setting. Teens with children often receive public assistance and do not have the skills or education to secure employment to support their basic needs. Inadequate job skills, the lack of a high school diploma, and limited access to child care prevent high school-age mothers from leaving public assistance to enter the work force.

(2) The legislature further finds that providing dropouts with school-to-work transition options to increase job readiness, to work toward high school graduation, and to provide access to support services is an effective strategy to address the needs of secondary students who have dropped out of school.

(3) The legislature further finds that vocational skills centers are equipped to offer educational services to secondary students that emphasize successful school-to-work transition, life skills, parenting education, and high school graduation. Vocational skills centers can best offer these services by making them available, for students not currently in school and for students enrolled in a full schedule at a high school, during hours other than normal school hours.

(4) The purpose of section 208 of this act is to provide students with the job training, education, and support services necessary to achieve high school graduation and job readiness through the creation of extended day school-to-work transition projects.

NEW SECTION. Sec. 208. (1) To the extent funds are available, the superintendent of public instruction shall award start-up grants to vocational skills centers to provide extended day school-to-work transition options for secondary students who are at risk of academic failure and who have dropped out or who are enrolled full time at a home high school. Grants shall be awarded based on applications describing how the project will achieve the following goals:

(a) Identifying, recruiting, assessing, and enrolling teens who have dropped out of school or who are at risk of academic failure;

(b) Developing job-readiness skills, job retention skills, and high school completion competencies in secondary students using work-based learning;

(c) Equipping students with vocational skills and abilities consistent with entry level employment in their chosen career field;

(d) Preparing students to seek further education and training if advisable for their particular career field;

(e) Assisting students who have dropped out to reenter school to achieve their high school diploma; and

(f) Increasing vocational programs' availability to students during other than normal school hours.

(2) To the extent funds are available, the superintendent of public instruction shall award start-up grants to organizations capable of providing programs as specified in subsection (1) of this section, to urban areas not served by skills centers. Organizations eligible to compete for grants awarded under this subsection include:

(a) Nonprofit organizations;

(b) Education service districts;

(d) School districts.

(3) To the extent funds are available, the state board for community and technical colleges shall award start-up grants to technical colleges to provide services as specified in subsection (1) of this section. The state board shall work with the superintendent of public instruction to develop program guidelines consistent with programs offered in skills centers.

NEW SECTION. Sec. 209. The legislature recognizes the importance of education and employment experiences for youth and the critical role of school-to-work transition options to achieving job readiness. Therefore, in light of these priorities, the department of labor and industries is directed to accelerate its evaluation of the minor work rules adopted under chapter 49.12 RCW, including an evaluation of the impact of these rules on the school-to-work transition projects provided for in section 208 of this act. The department shall report to the governor and the appropriate committees of the legislature on its evaluation of the minor work rules prior to the start of the 1995 regular legislative session.

D. SCHOOL DISCIPLINE AND SAFETY

NEW SECTION. Sec. 210. A new section is added to chapter 28A.320 RCW to read as follows:

(1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; and/or (c) discipline requirements are more stringent than in other schools in the district.

(2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; and/or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.

(3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

(4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

NEW SECTION. Sec. 211. (1) A task force on student conduct is created. The purpose of the task force is to identify laws, rules, and practices that make it difficult for educators to manage their classrooms and schools effectively. Based on these findings, the task force shall make recommendations to the legislature, the state board of education, the superintendent of public instruction, school districts, institutions of higher education, and others regarding actions that could be taken to reduce the problems generated by disruptive students and thereby make schools more conducive to learning.

(2) Members of the task force and the chair shall be appointed by the superintendent of public instruction, and shall include, but not be limited to, representatives of parents, elementary teachers, secondary teachers, middle/junior high school vice-principals, senior high school vice-principals, classified employees, and special education educators.

(3) Staffing for the task force shall be the responsibility of the superintendent of public instruction. Personnel from the office of the superintendent may staff the task force, or the superintendent may enter into a contract with a public or private entity.

(4) The findings and recommendations of the task force shall be submitted to the entities identified in subsection (1) of this section by November 1, 1994.

(5) This section shall expire December 31, 1994.

Sec. 212. RCW 28A.635.060 and 1993 c 347 s 3 are each amended to read as follows:

(1) Any pupil who shall deface or otherwise injure any school property, shall be liable to suspension and punishment. Any school district whose property has been lost or willfully cut, defaced, or injured, may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages((~~, unless the student is transferring to another elementary or secondary educational institution, in which case the student's permanent record shall be released promptly to the receiving school~~)). When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.

(2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.

(3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason.

NEW SECTION. Sec. 213. A new section is added to chapter 28A.225 RCW to read as follows:

(1) When enrolling a student who has attended school in another school district, the school enrolling the student shall request the parent and the student to provide written information about:

(a) Any history of placement in special educational programs;

(b) Past, current, or pending disciplinary action;

(d) Any unpaid fines or fees imposed by other schools; and

(e) Health conditions affecting the student's educational needs.

(2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record, including records of disciplinary action. However, if the student has not paid a fine or fee under RCW 28A.635.060, the school may withhold the student's official transcript and send information about the student's academic performance, special placement, and records of disciplinary action. If the official transcript is not sent due to unpaid fees or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met and that the failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

(3) If information is requested under subsection (2) of this section, the information shall be transmitted by the student's previous school within five working days after receiving the request.

Sec. 214. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:

(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible. If a juvenile enters into a diversion agreement and is placed in a public school program, the agreement shall contain provisions describing required conduct and behavior of the juvenile while under the supervision of the school or school district. To the extent practicable, school officials shall be included in the development of the school program portion of the diversion agreement.

(2) A diversion agreement shall be limited to:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency: PROVIDED, That the state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; and

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed.

(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

(4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((~~as now or hereafter amended~~)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

(a) The fact that a charge or charges were made;

(b) The fact that a diversion agreement was entered into;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((~~as now or hereafter amended~~)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

NEW SECTION. Sec. 215. A new section is added to chapter 28A.300 RCW to read as follows:

The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution.

NEW SECTION. Sec. 216. A new section is added to chapter 28B.50 RCW to read as follows:

The state board for community and technical colleges and the office of the superintendent of public instruction shall work cooperatively to establish a state-wide toll-free hotline to provide information to high school students who are at risk of dropping out or who have dropped out of a Washington state common school before obtaining a high school diploma. The hotline shall provide information on financial aid, adult education courses, general educational development programs, and basic skills programs available at community and technical colleges.

E. DRUG, ALCOHOL, AND VIOLENCE PREVENTION AND INTERVENTION PROGRAM

NEW SECTION. Sec. 217. The legislature finds that the alcohol and drug abuse prevention and intervention program and school security program created by the 1989 legislature have been effective, and should be continued.

The legislature further finds that there is a strong link between youth violence and the use of alcohol and drugs, and that efforts in our schools to reduce the use of alcohol and drugs should, where appropriate, be combined with efforts to reduce youth violence. Therefore, the legislature intends to expand the current alcohol and drug abuse prevention and intervention program to also include violence prevention and intervention, and to allow more flexibility in how grant funds may be used.

Sec. 218. RCW 28A.170.080 and 1990 c 33 s 157 are each amended to read as follows:

(1) Grants provided under RCW 28A.170.090 may be used solely for services provided by ((~~a substance abuse~~)) an intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with ((~~a substance abuse~~)) an intervention specialist. Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, ((~~and~~)) in preventing abuse and addiction to such substances, including nicotine, and in preventing and intervening in youth violence. The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. The services of ((~~a substance abuse~~)) an intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center. Services provided by ((~~a substance abuse~~)) an intervention specialist may include:

(a) Individual and family counseling, including preventive counseling;

(b) Assessment and referral for treatment;

(d) Aftercare;

(e) Development and supervision of student mentor programs;

(f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; ((~~and~~))

(g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members;

(h) Development and coordination of safe school teams. The drug and alcohol core teams may be expanded to serve also as safe school teams, but must include additional members whose interest is in violence prevention; and

(i) Implementation of short-term and long-term violence prevention strategies, which could include such subjects as conflict resolution, anger management, empathy training, peer mediation, and child abuse prevention.

(2) For the purposes of this section, "((~~substance abuse~~)) intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services.

(a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under state board of education rules adopted pursuant to RCW 28A.305.130;

(b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse;

(c) A counselor, social worker, or other qualified professional employed by the department of social and health services;

(d) A psychologist licensed under chapter 18.83 RCW; ((or))

(e) A children's mental health specialist as defined in RCW 71.34.020; or

(f) A classroom teacher or other individual who has had training or experience in violence prevention and conflict resolution skills.

Sec. 219. RCW 28A.170.090 and 1990 c 33 s 158 are each amended to read as follows:

(1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug ((~~and~~)), alcohol abuse, and violence prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. ((~~The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars.~~)) Factors to be used in selecting proposals for funding and in determining grant awards for drug and alcohol abuse programs shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include:

(a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;

(b) The total number of students who would have access to services; and

(c) Participation of community groups and law enforcement agencies in drug ((~~and~~)), alcohol abuse, and violence prevention and intervention activities.

(2) The application procedures for grants under this section shall ((~~be consistent with the application procedures for other grants for substance abuse awareness programs under RCW 28A.170.020, including~~)) include provisions for comprehensive planning, establishment of a school and community ((~~substance abuse~~)) advisory committee, and documentation of the district's needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness and violence prevention programs by school districts, and other grants under RCW 28A.170.010 through 28A.170.040 shall not require a separate application. School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness and violence prevention programs. ((~~School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine.~~)) Grants may be used to provide services for students who are enrolled in approved private schools.

(3) School districts receiving grants under this section for substance abuse programs shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.

(4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug ((~~and~~)), alcohol, and violence abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.

(5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 through 28A.170.100.

Sec. 220. RCW 28A.170.100 and 1991 c 116 s 24 are each amended to read as follows:

((~~(1)~~)) School districts are encouraged to promote parent and community involvement in drug ((~~and~~)), alcohol abuse, and violence prevention and intervention programs, through parent visits under RCW 28A.605.020 and through any school involvement program established by the district.

(((2) Districts are further encouraged to review drug and alcohol prevention and intervention programs as part of the self-study procedures required under RCW 28A.320.200 and as part of any annual goal-setting process the district may have established under RCW 28A.320.220.))

PART III - COMMUNITY EMPOWERMENT

NEW SECTION. Sec. 301. (1) The legislature finds that:

(a) Neighborhoods are a powerful indicator of the diversity and health of the state;

(b) There are geographic areas within communities that are characterized by a lack of employment opportunities and high unemployment, by an average income that is below the median income level for the surrounding community, by a high rate of crime, by a lack of affordable housing, by deteriorating infrastructure, and by a lack of facilities for community services, job training, and education;

(c) Strategies to revitalize these neighborhoods and empower residents involve a variety of activities that increase economic and social diversity, make physical improvements, and improve economic opportunities for neighborhood residents;

(d) Revitalization strategies cannot be accomplished with governmental resources only and requires a comprehensive approach that depends on a local government's ability to coordinate public resources in a long-term strategy designed to leverage private and community investment in the neighborhood;

(e) Local governments, in cooperation with neighborhood residents, can provide leadership as well as planning and coordination of resources and necessary services to address revitalization of the neighborhood; and

(f) It is in the public interest to adopt a targeted approach to community empowerment and enlist the resources of the public and private sectors and neighborhood groups to revitalize neighborhoods.

(2) The legislature declares that the purposes of the community empowerment act are to:

(a) Encourage community empowerment through strong partnerships and cooperation between all levels of government, community-based organizations and groups, neighborhood residents, and the private sector;

(b) Involve and educate the private sector and stimulate private reinvestment through the judicious use of public resources;

(d) Include neighborhood individuals and organizations in the policy-making process; and

(e) Enable economically disadvantaged young adults to obtain the education and employment skills necessary to achieve economic self-sufficiency.

A. WASHINGTON YOUTHBUILD PROGRAM

NEW SECTION. Sec. 302. (1) The legislature finds that there is a need to:

(a) Expand the supply of permanent affordable housing for homeless individuals, low and very low-income persons, and special need populations by utilizing the energies and talents of economically disadvantaged youth;

(b) Provide economically disadvantaged youth with opportunities for meaningful work and service to their communities in helping to meet the housing needs of homeless individuals, low and very low-income persons, and special need populations;

(c) Enable economically disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency; and

(d) Foster the development of leadership skills and commitment to community development among youth in designated community empowerment zones.

(2) The legislature declares that the purpose of the Washington youthbuild program is to:

(a) Help disadvantaged youth who have dropped out of school to obtain the education and employment skills necessary to achieve economic self-sufficiency and develop leadership skills and a commitment to community development in designated community empowerment zones; and

(b) Provide funding assistance to entities implementing programs that provide comprehensive education and skills training programs designed to lead to self-sufficiency for economically disadvantaged youth.

NEW SECTION. Sec. 303. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Applicant" means a public or private nonprofit organization agency eligible to provide education and employment training under federal or state employment training programs.

(2) "Commissioner" means the commissioner of employment security.

(3) "Department" means the employment security department.

(4) "Low income" has the same meaning as in RCW 43.185A.010.

(5) "Participant" means an individual that:

(a) Is sixteen to twenty-four years of age, inclusive;

(b) Is or is a member of a very low-income household; and

(c) Is neither attending any school nor subject to a compulsory attendance law and who has not received a secondary school diploma or a certificate of equivalency for such diploma.

(6) "Very low income" means a person or household whose income is at or below fifty percent of the median family income, adjusted for household size, for the county where the household is located.

(7) "Youthbuild" means any program that provides disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training in the construction or rehabilitation of housing for special need populations, very low-income households, or low-income households.

NEW SECTION. Sec. 304. The Washington youthbuild program is established within the department. The commissioner, in cooperation and consultation with the director of the department of community, trade, and economic development, shall:

(1) Make grants, up to the lesser of three hundred thousand dollars or twenty-five percent of the total costs of the youthbuild activities, to applicants eligible to provide education and employment training under federal or state employment training programs, for the purpose of carrying out a wide range of multidisciplinary activities and services to assist economically disadvantaged youth under the federal opportunities for youth: Youthbuild program (106 Stat. 3723; 42 U.S.C. Sec. 8011), or locally developed youthbuild-type programs for economically disadvantaged youth; and

(2) Coordinate youth employment and training efforts under the department's jurisdiction and cooperate with other agencies and departments providing youth services to ensure that funds appropriated for the purposes of this chapter will be used to supplement funding from federal, state, local, or private sources.

NEW SECTION. Sec. 305. (1) Grants made under this chapter shall be used to fund an applicant's activities to implement a comprehensive education and employment skills training program.

(2) Activities eligible for assistance under this chapter include:

(a) Education and job skills training services and activities that include:

(i) Work experience and skills training, coordinated to the maximum extent feasible, with preapprenticeship and apprenticeship programs in construction and rehabilitation trades;

(ii) Services and activities designed to meet the educational needs of participants, including basic skills instruction and remedial education, bilingual education for participants with limited-English proficiency, secondary education services and activities designed to lead to the attainment of a high school diploma or its equivalent, and counseling and assistance in attaining postsecondary education and required financial aid;

(b) Counseling services and related activities;

(d) Support services and need-based stipends necessary to enable the participant to participate in the program and to assist participants through support services in retaining employment;

(e) Wage stipends and benefits provided to participants; and

(f) Administrative costs of the applicant, not to exceed five percent of the amount of assistance provided under this chapter.

NEW SECTION. Sec. 306. (1) An individual selected as a participant in the youthbuild program under this chapter may be offered full-time participation for a period of not less than six months and not more than twenty-four months.

(2) An applicant's program that is selected for funding under this chapter shall be structured so that fifty percent of the time spent by the participants in the youthbuild program is devoted to educational services and activities, such as those outlined in section 305 of this act.

NEW SECTION. Sec. 307. (1) An application for a grant under this chapter shall be submitted by the applicant in such form and in accordance with the requirements as determined by the commissioner.

(2) The application for a grant under this chapter shall contain at a minimum:

(a) The amount of the grant request and its proposed use;

(b) A description of the applicant and a statement of its qualifications, including a description of the applicant's past experience with housing rehabilitation or construction with youth and youth education and employment training programs, and its relationship with local unions and apprenticeship programs and other community groups;

(d) A description of the educational and job training activities, work opportunities, and other services that will be provided to participants;

(e) A description of the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out such activities;

(f) A description of the manner in which eligible participants will be recruited and selected, including a description of arrangements which will be made with federal or state agencies, community-based organizations, local school districts, the courts of jurisdiction for status and youth offenders, shelters for homeless individuals and other agencies that serve homeless youth, foster care agencies, and other appropriate public and private agencies;

(g) A description of the special outreach efforts that will be undertaken to recruit eligible young women, including young women with dependent children;

(h) A description of how the proposed program will be coordinated with other federal, state, local, and private resources and programs, including vocational, adult, and bilingual education programs, and job training programs;

(i) Assurances that there will be a sufficient number of adequately trained supervisory personnel in the program who have attained the level of journeyman or have served an apprenticeship through the Washington state apprenticeship training council;

(j) A description of the applicant's relationship with building contractor groups and trade unions regarding their involvement in training, and the relationship of the youthbuild program with established apprenticeship and training programs;

(k) A description of activities that will be undertaken to develop the leadership skills of the participants;

(l) A description of the commitments for any additional resources to be made available to the local program from the applicant, from recipients of other federal, state, local, or private sources; and

(m) Other factors the commissioner deems necessary.

NEW SECTION. Sec. 308. (1) An applicant selected for funding under this chapter shall provide the department information on program and participant accomplishments. The information shall be provided in progress and final reports as requested by the department.

(2) The department shall prepare an initial evaluation report, which shall be made available to the governor and appropriate legislative committees, on or before December 1, 1995, on the progress of individual programs funded under this chapter. A final evaluation report shall be prepared on individual programs at the time of their completion. The final evaluation report shall include, but is not limited to, information on the effectiveness of the program, the status of program participants, and recommendations on program administration at the state and local level.

NEW SECTION. Sec. 309. A new section is added to chapter 50.67 RCW to read as follows:

In addition to its duties under this chapter, the Washington state job training coordinating council shall advise the employment security department and the department of community, trade, and economic development on the development and implementation of the Washington youthbuild program created under sections 302 through 308 of this act.

Sec. 310. RCW 43.185.070 and 1991 c 356 s 5 and 1991 c 295 s 2 are each reenacted and amended to read as follows:

(1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department. Administrative costs paid out of the housing trust fund may not exceed four percent of annual revenues available for distribution to housing trust fund projects. In awarding funds under this chapter, the department shall provide for a geographic distribution on a state-wide basis.

(2) The department shall give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities shall be evaluated under subsection (3) of this section. Second priority shall be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities shall be evaluated by some or all of the criteria under subsection (3) of this section, and similar projects and activities shall be evaluated under the same criteria.

(3) The department shall give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities shall be evaluated under the same criteria:

(a) The degree of leveraging of other funds that will occur;

(b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;

(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;

(d) Local government project contributions in the form of infrastructure improvements, and others;

(e) Projects that encourage ownership, management, and other project-related responsibility opportunities;

(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;

(g) The applicant has the demonstrated ability, stability and resources to implement the project;

(h) Projects which demonstrate serving the greatest need;

(i) Projects that provide housing for persons and families with the lowest incomes;

(j) Projects serving special needs populations which are under statutory mandate to develop community housing;

(k) Project location and access to employment centers in the region or area; ((~~and~~))

(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in section 303 of this act; and

(m) Project location and access to available public transportation services.

(4) The department shall only approve applications for projects for mentally ill persons that are consistent with a regional support network six-year capital and operating plan.

B. COMMUNITY EMPOWERMENT ZONES

NEW SECTION. Sec. 311. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Affordable housing" has the same meaning as in RCW 43.185B.010.

(2) "Afterschool program" means a program of tutoring, recreation, mentoring, or cultural activities that are offered to K-12 students either before or after school hours and is approved by the local school district.

(3) "Community empowerment zone" means a geographic area within the boundaries of a local government that: (a) Meets the requirements of RCW 43.63A.710 (as recodified by this act) and is so designated by the director; or (b) is designated an empowerment zone or enterprise community under Title XIII, Chapter I of the Omnibus Reconciliation Act of 1993 (P.L. 103-66) and is designated by the director.

(4) "Community empowerment zone assistance" means furnishing financial assistance, labor, material, or technical assistance to aid in the provision of community services, crime prevention, education, job training, and housing assistance activities within a designated community empowerment zone.

(5) "Community service" means any type of counseling and advice, emergency assistance, or medical care furnished to individuals or groups within a designated community empowerment zone.

(6) "Crime prevention" means any activity that aids in the reduction or prevention of crime within a designated community empowerment zone.

(7) "Department" means the department of community, trade, and economic development.

(8) "Director" means the director of community, trade, and economic development.

(9) "Education" means any type of scholastic instruction or scholarship assistance, including an afterschool program, to any person who resides within a designated community empowerment zone that enables that person to prepare for better employment opportunities.

(10) "Housing assistance" means any activity that aids in the acquisition, preservation, rehabilitation, or construction of affordable housing within a designated community empowerment zone.

(11) "Job training" means any type of instruction to any person who resides within a designated community empowerment zone that enables that person to acquire vocational skills to become employable or seek a higher grade of employment.

(12) "Local government" means a city, town, or county. The term local government also includes federally recognized Indian reservations.

(13) "Nonprofit organization" means any public or private organization that: (a) Is organized under federal, state, or local laws; (b) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and (c) has among its purposes significant activities related to community empowerment zone assistance activities within a designated community empowerment zone. The term also includes public housing authorities created under chapter 35.82 RCW and public corporations created under chapter 35.21 RCW that operate within a designated community empowerment zone.

Sec. 312. RCW 43.63A.700 and 1993 sp.s. c 25 s 401 are each amended to read as follows:

(1) The department, in cooperation with the department of revenue, the employment security department, and the office of financial management, shall approve applications submitted by local governments for designation as a ((~~neighborhood reinvestment area~~)) community empowerment zone under this section. The application shall be in the form and manner and contain such information as the department may prescribe, provided that the application for designation shall:

(a) Contain information sufficient for the director to determine if the criteria established in RCW 43.63A.710 (as recodified by this act) have been met.

(b) Be submitted on behalf of the local government by its chief elected official, or, if none, by the governing body of the local government.

(c) Contain a five-year ((~~neighborhood reinvestment~~)) community empowerment plan that describes the proposed designated ((~~neighborhood reinvestment area's~~)) community empowerment zone's community development needs and present a strategy for meeting those needs. The plan shall address the following categories: Housing needs; public infrastructure needs, such as transportation, water, sanitation, energy, and drainage/flood control; other public facilities needs, such as neighborhood facilities or facilities for provision of health, education, recreation, public safety, or other services; community economic development needs, such as commercial/industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, or other related components of community economic development; ((~~and~~)) social service needs; and public safety needs, such as gang and violence reduction or prevention, or community policing activities.

The local government is required to provide a description of its strategy for meeting the needs identified in this subsection (1)(c). As part of the strategy, the local government is required to identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.

(d) Certify that neighborhood residents were given the opportunity to participate in the development of the five-year ((~~neighborhood reinvestment~~)) community empowerment strategy required under (c) of this subsection.

(2) No local government shall submit more than two neighborhoods to the department for possible designation as a designated ((~~neighborhood reinvestment area~~)) community empowerment zone under this section.

(3)(a) Within ninety days after January 1, 1994, the director may designate up to six designated ((~~neighborhood reinvestment areas~~)) community empowerment zones from among the applications eligible for designation as a designated ((~~neighborhood reinvestment area under this section~~)) community empowerment zone.

(b) The director shall make determinations of designated ((~~neighborhood reinvestment areas~~)) community empowerment zones on the basis of the following factors:

(i) The strength and quality of the local government commitments to meet the needs identified in the five-year ((~~neighborhood reinvestment~~)) community empowerment plan required under this section.

(ii) The level of private commitments by private entities of additional resources and contribution to the designated ((~~neighborhood reinvestment area~~)) community empowerment zone.

(iii) The potential for ((~~reinvestment in~~)) revitalization of the area as a result of designation as a designated ((~~neighborhood reinvestment area~~)) community empowerment zone.

(iv) Other factors the director ((~~of the department of community development~~)) deems necessary.

((~~(b)~~)) (c) The determination of the director as to the areas designated as ((~~neighborhood reinvestment areas~~)) community empowerment zones shall be final.

Sec. 313. RCW 43.63A.710 and 1993 sp.s. c 25 s 402 are each amended to read as follows:

(1) The director may not designate an area as a designated ((~~neighborhood reinvestment area~~)) community empowerment zone unless that area meets the following requirements:

(a) The area must be designated by the legislative authority of the local government as an area to receive federal, state, and local assistance designed to increase economic, physical, or social activity in the area;

(b) The area must have at least fifty-one percent of the households in the area with incomes at or below eighty percent of the county's median income, adjusted for household size;

(c)(i) The average unemployment rate for the area, for the most recent twelve-month period for which data is available must be at least one hundred twenty percent of the average unemployment rate of the county; or (ii) the percentage rate of households, for the area, that receives public assistance under Title 74 RCW must be at least one hundred twenty percent of the percentage rate of households that receive public assistance for the county; and

(d) A five-year ((~~neighborhood reinvestment~~)) community empowerment plan for the area that meets the requirements of RCW 43.63A.700(1)(c) (as recodified by this act) and as further defined by the director must be adopted.

(2) The director may establish, by rule, such other requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this section are satisfied.

(3) In determining if an area meets the requirements of this section, the director may consider data provided by the United States bureau of the census from the most recent census or any other reliable data that the director determines to be acceptable for the purposes for which the data is used.

C. COMMUNITY EMPOWERMENT ZONE INCENTIVES

1. Tax Deferrals for Investment Projects in Distressed Areas

Sec. 314. RCW 82.60.020 and 1993 sp.s. c 25 s 403 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Applicant" means a person applying for a tax deferral under this chapter.

(2) "Department" means the department of revenue.

(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; or (c) a designated ((~~neighborhood reinvestment area~~)) community empowerment zone approved under RCW 43.63A.700 (as recodified by this act).

(4)(a) "Eligible investment project" means that portion of an investment project which:

(i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested; and

(ii) Either initiates a new operation, or expands or diversifies a current operation by expanding or renovating an existing building with costs in excess of twenty-five percent of the true and fair value of the plant complex prior to improvement; or

(iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure. The lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person.

(b) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5) or investment projects which have already received deferrals under this chapter.

(5) "Investment project" means an investment in qualified buildings and qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.

(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

(7) "Person" has the meaning given in RCW 82.04.030.

(8) "Qualified buildings" means new structures used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year. In addition to the requirements of this subsection, for projects located in community empowerment zones, the employee must initially reside in the community empowerment zone.

(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.

(11) "Recipient" means a person receiving a tax deferral under this chapter.

(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

2. Tax Credits for Eligible Business Projects

Sec. 315. RCW 82.62.010 and 1993 sp.s. c 25 s 410 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Applicant" means a person applying for a tax credit under this chapter.

(2) "Department" means the department of revenue.

(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (c) a designated ((~~neighborhood reinvestment area~~)) community empowerment zone approved under RCW 43.63A.700 (as recodified by this act); or (d) subcounty areas in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601.

(4)(a) "Eligible business project" means manufacturing or research and development activities which are conducted by an applicant in an eligible area at a specific facility, provided the applicant's average full-time qualified employment positions at the specific facility will be at least fifteen percent greater in the year for which the credit is being sought than the applicant's average full-time qualified employment positions at the same facility in the immediately preceding year.

(b) "Eligible business project" does not include any portion of a business project undertaken by a light and power business as defined in RCW 82.16.010(5) or that portion of a business project creating qualified full-time employment positions outside an eligible area or those recipients of a sales tax deferral under chapter 82.61 RCW.

(5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

(6) "Person" has the meaning given in RCW 82.04.030.

(7) "Qualified employment position" means a permanent full-time employee employed in the eligible business project during the entire tax year. In addition to the requirements of this subsection, for projects located in community empowerment zones, the employee must initially reside in the community empowerment zone.

(8) "Tax year" means the calendar year in which taxes are due.

(9) "Recipient" means a person receiving tax credits under this chapter.

(10) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

3. Commercial District Revitalization

Technical Assistance

NEW SECTION. Sec. 316. A new section is added to chapter 43.330 RCW to read as follows:

The department shall provide technical assistance to support implementation of community empowerment zone plans. Such assistance may include, but is not limited to, commercial district revitalization techniques using the state's main street program approach, technical and leadership skills training for community-based development organizations, small business and entrepreneurial development, and real estate development and financing.

4. Youth Gangs

NEW SECTION. Sec. 317. A new section is added to chapter 43.310 RCW to read as follows:

(1) For the period beginning July 1, 1994, through June 30, 1995, the department of community, trade, and economic development shall award grants to either school districts or community organizations for the development, administration, and implementation of community-based gang risk prevention and intervention pilot programs in those community mobilization projects in all communities.

(2) The provisions of this chapter shall apply to grants awarded under this section.

(3) This section shall expire June 30, 1995.

5. Community Policing Assistance

NEW SECTION. Sec. 318. The department of community, trade, and economic development shall administer a grant program which makes matching grants to local governments under section 319 of this act to develop effective crime-fighting partnerships between law enforcement and the community using a problem-oriented approach.

NEW SECTION. Sec. 319. (1) Eligibility for matching grants under this section shall be limited to:

(a) Local governments that have developed an overall plan or strategy to address crime and related problems through community policing in designated community empowerment zones; and

(b) Community policing activities to address crime problems, including but not limited to multidisciplinary crime prevention teams, public education programs, neighborhood resource centers, and foot patrols.

(2) A grant of up to twenty percent of salaries and fringe benefits of additional newly sworn law enforcement officers, excluding overtime, for a three-year period may be made under this section to local governments.

(3) The department of community, trade, and economic development may enact rules to carry out this section.

(4) As used in this section, "community empowerment zone" has the same meaning as in section 311 of this act.

D. COMMUNITY-BASED VIOLENCE PREVENTION AND REDUCTION

1. Violence Prevention and Intervention

Sec. 320. RCW 43.270.010 and 1989 c 271 s 315 are each amended to read as follows:

The legislature recognizes that state-wide efforts aimed at reducing the incidence of substance abuse and violence must be increased. The legislature further recognizes that the most effective strategy for reducing the impact of alcohol ((~~and~~)), other drug abuse, and violence is through the collaborative efforts of educators, law enforcement, local government officials, local treatment providers, and concerned community and citizens' groups.

The legislature intends to support the development and activities of community mobilization strategies against substance abuse or violence through the following efforts:

(1) Provide funding support for prevention, treatment, and enforcement activities identified by communities that have brought together education, treatment, local government, law enforcement, and other key elements of the community;

(2) Provide technical assistance and support to help communities develop and carry out effective activities; and

(3) Provide communities with opportunities to share suggestions for state program operations and budget priorities.

Sec. 321. RCW 43.270.020 and 1989 c 271 s 316 are each amended to read as follows:

There is established in the ((~~office of the governor~~)) department of community, trade, and economic development a grant program to provide incentive for and support for communities to develop targeted and coordinated strategies to reduce the incidence and impact of either substance abuse or violence.

Activities which may be funded through this grant program include those which:

(1) Prevent either substance abuse or violent behavior through educational and self-esteem efforts, development of positive alternatives, intervention with high-risk groups, and other prevention strategies;

(2) Support effective treatment by increasing access to and availability of treatment opportunities, particularly for underserved or highly impacted populations, developing aftercare and support mechanisms, and other strategies to increase the availability and effectiveness of treatment;

(3) Provide meaningful consequences for participation in illegal activity and promote safe and healthy communities through support of law enforcement strategies;

(4) Create or build on efforts by existing community programs, coordinate their efforts, and develop cooperative efforts or other initiatives to make most effective use of resources to carry out the community's strategy against either substance abuse or violence; and

(5) Other activities which demonstrate both feasibility and a rationale for how the activity will achieve measurable results in the strategy against either substance abuse or violence.

Sec. 322. RCW 43.270.030 and 1989 c 271 s 317 are each amended to read as follows:

Applications for funding under this chapter must:

(1) Demonstrate that the community has developed and is committed to carrying out a coordinated strategy of prevention, treatment, and law enforcement activities; and

(2)(a) For applications for substance abuse prevention or intervention activities, contain evidence of active participation of the community and specific commitments to implementing the community-wide agenda by leadership from at least education, law enforcement, local government, tribal government, and treatment entities in the community, and the opportunity for meaningful involvement from others such as neighborhood and citizen groups, businesses, human service, health and job training organizations, and other key elements of the community, particularly those whose responsibilities in law enforcement, treatment, prevention, or other community efforts provide direct, ongoing contact with substance abusers; or

(b) For applications for violence prevention or intervention activities, contain evidence of active participation of the community and specific commitments to implement the community-wide agenda by leadership from at least education, law enforcement, local government, and tribal government, and the opportunity for meaningful involvement from others such as neighborhood and citizen groups, businesses, human service, health and job training organizations, and other key elements of the community, particularly those that are involved in violence prevention or intervention activities.

Sec. 323. RCW 43.270.040 and 1989 c 271 s 318 are each amended to read as follows:

This grant program will be available to communities of any geographic size but will encourage and reward communities which develop coordinated or complimentary strategies within geographic areas such as county areas or groups of county areas which correspond to units of government with significant responsibilities in the area of substance abuse or violence prevention, existing coalitions, or other entities important to the success of a community's strategy against either substance abuse or violence.

Sec. 324. RCW 43.270.050 and 1989 c 271 s 319 are each amended to read as follows:

At a minimum, grant applications must include the following:

(1) Definition of geographic area;

(2) A description of the extent and impact of substance abuse or violence in the community, including an explanation of those who are most severely impacted and those most at risk of substance abuse or violence;

(3) An explanation of the community-wide strategy for prevention, treatment, and law enforcement activities related to substance abuse or violence with particular attention to those who are most severely impacted and those most at risk of substance abuse or violence;

(4) Explanation of who was involved in development of the strategy and what specific commitments have been made to carrying it out;

(5) Identification of existing prevention, treatment, and law enforcement resources committed by the community, including financial and other support, and an explanation of how the community's strategy involves and builds on the efforts of existing organizations or coalitions that have been carrying out community efforts against substance abuse or violence;

(6) Identification of activities that address specific objectives in the strategy for which additional resources are needed;

(7) Identification of additional local resources, including public or private funds, donated goods or services, and other measurable commitments, that have been committed to the activities identified in subsection (6) of this section;

(8) Identification of activities which address specific objectivities in the strategy for which funding is requested. Activities should be presented in priority order;

(9) Each activity for which funding is requested must be explained in sufficient detail to demonstrate:

(a) Feasibility through deliberative design, specific objectivities, and realistic plan for implementation;

(b) A rationale for how this activity will achieve measurable results and how it will be evaluated;

(10) Identification of a fiscal agent meeting state requirements for each activity proposed for funding.

Sec. 325. RCW 43.270.060 and 1989 c 271 s 320 are each amended to read as follows:

The ((~~governor~~)) director of community, trade, and economic development shall make awards, subject to funds appropriated by the legislature, under the following terms:

(1) In order to be eligible for consideration, applications must demonstrate, at a minimum:

(a) That proposals submitted for funding are based on and address specific objectives contained in a coordinated strategy of prevention, treatment, and law enforcement against substance abuse or violence;

(b)(i) For applications for substance abuse prevention or intervention activities, evidence of active participation in preparation of the proposal and specific commitments to implementing the community-wide agenda by leadership from at least education, law enforcement, local government, tribal government, and treatment entities in the community, and the opportunity for meaningful involvement from others such as neighborhood and citizen groups, businesses, human service, health and job training organizations, and other key elements of the community, particularly those whose responsibilities in law enforcement, treatment, prevention, or other community efforts provide direct, ongoing contact with substance abusers, or those at risk for substance abuse; or

(ii) For applications for violence prevention or intervention activities, evidence of active participation of the community and specific commitments to implement the community-wide agenda by leadership from at least education, law enforcement, local government, and tribal organizations, and the opportunity for meaningful involvement from others such as neighborhood and citizen groups, businesses, human service, health and job training organizations, and other key elements of the community, particularly those that are involved in violence prevention or intervention activities;

(d) Evidence of additional local resources committed to its strategy totaling at least twenty-five percent of funds awarded under this section. These resources may consist of public or private funds, donated goods or services, and other measurable commitments, including in-kind contributions such as volunteer services, materials, supplies, physical facilities or a combination thereof; and

(e) That the funds applied for, if received, will not be used to replace funding for existing activities.

(2) In order to encourage and reward communities which develop coordinated or complementary strategies within geographic areas which correspond to units of government with significant responsibilities in the area of substance abuse or violence prevention, up to fifty percent of funds appropriated for the purposes of this chapter may be awarded on a per capita basis to eligible applications reflecting coordinated strategy from a county area or group of county areas. The ((~~governor~~)) director of community, trade, and economic development may establish minimum allotments per eligible county areas up to fifteen thousand dollars; and

(3) No less than fifty percent of funds appropriated under this chapter shall be awarded on a competitive basis for activities by communities not participating in a county-wide strategy and activities identified by county-wide strategies but not funded through per capita grants. Eligible applications will be assessed and compared by a peer review committee whose members have experience in prevention, treatment, law enforcement, and other community efforts against substance abuse or violence using the following criteria:

(a) The extent and impact of substance abuse or violence;

(b) The extent to which key elements of the community are involved in and committed to the coordinated strategy;

(d) The extent to which any activities in a community's strategy offer an innovative approach to a chronic, wide-spread problem.

The peer review committee will advise the ((~~governor~~)) director of community, trade, and economic development on the extent to which each eligible applicant has met these criteria. The ((~~governor~~)) director of community, trade, and economic development will distribute available funds based on this information.

(4) ((~~The governor shall distribute fifty percent of the initial appropriation for the purposes of this chapter no later than October 1, 1989, and the remainder no later than July 1, 1990.~~

~~(5)~~)) Activities funded under this section may be considered for funding in future years, but will be considered under the same terms and criteria of new activities. Funding under this section shall not constitute an obligation by the state of Washington to provide ongoing funding.

Sec. 326. RCW 43.270.070 and 1989 c 271 s 321 are each amended to read as follows:

The ((~~governor~~)) director of community, trade, and economic development shall ask communities for suggestions on state practices, policies, and priorities that would help communities implement their strategies against substance abuse or violence. The ((~~governor~~)) director of community, trade, and economic development or appropriate agency officials shall review and respond to those suggestions making necessary changes where feasible, making recommendations to the legislature where appropriate, and providing an explanation as to why suggested changes cannot be accomplished, if the suggestions cannot be acted upon.

2. Shelter for Homeless Youth

NEW SECTION. Sec. 327. (1) The legislature finds that homeless, unaccompanied youth have essential needs that must be addressed if they are to be successfully reunited with their families or transitioned into independent living. The legislature further finds that one of these essential needs is safe housing.

(2) It is the intent of the legislature to facilitate the establishment and operation of temporary shelters for homeless, unaccompanied youth in which these youth can be housed safely and obtain appropriate supportive services.

NEW SECTION. Sec. 328. (1) For the period beginning July 1, 1994, the department of community, trade, and economic development may award grants and loans to eligible organizations for the development of facilities that provide housing and related supportive services for homeless, unaccompanied youth. As used in this section, "eligible organizations" means organizations eligible for assistance under chapter 43.185 RCW.

(2) The requirements of RCW 43.185.050, 43.185.070, 43.185.080, 43.185.090, and 43.185.120 shall apply to grants or loans made under this section.

(3) The department of community, trade, and economic development, in cooperation with the department of social and health services and department of health, shall develop a plan to address the housing and supportive service needs of homeless, unaccompanied youth using existing federal, state, and local resources and programs. In developing the housing and supportive services plan required under this subsection, the departments may consult with homeless youth service providers, homeless or at-risk youth, and low-income housing organizations.

(4) This section shall expire July 1, 1995.

PART IV - TECHNICAL PROVISIONS

NEW SECTION. Sec. 401. (1) For the purposes of sections 311, 317 through 319, 321, and 325 through 327 of this act, "department" and "department of community, trade, and economic development" mean the department of community development and "director" and "director of community, trade, and economic development" mean the director of community development.

(2) This section shall expire July 1, 1994.

NEW SECTION. Sec. 402. (1) Sections 102 through 104 of this act are each added to chapter 43.70 RCW.

(2) Sections 108 through 113 and 115 through 121 of this act are each added to chapter 70.190 RCW.

(3) Sections 301 and 311 of this act shall constitute a new chapter in Title 43 RCW.

(4) Sections 302 through 308 of this act shall constitute a new chapter in Title 50 RCW.

(5) Sections 318 and 319 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 403. RCW 43.63A.700 and 43.63A.710 as amended by this act are each recodified as sections in the new chapter created by section 402(3) of this act.

NEW SECTION. Sec. 404. If specific funding for the purposes of sections 101 through 104 of this act, referencing sections 101 through 104 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 101 through 104 of this act are null and void.

NEW SECTION. Sec. 405. If specific funding for the purposes of sections 105 through 125 of this act, referencing sections 105 through 125 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 105 through 125 of this act are null and void.

NEW SECTION. Sec. 406. If specific funding for the purposes of sections 126 and 127 of this act, referencing sections 126 and 127 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 126 and 127 of this act are null and void.

NEW SECTION. Sec. 407. If specific funding for the purposes of sections 128 and 129 of this act, referencing sections 128 and 129 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 128 and 129 of this act are null and void.

NEW SECTION. Sec. 408. If specific funding for the purposes of sections 130 and 131 of this act, referencing sections 130 and 131 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 130 and 131 of this act are null and void.

NEW SECTION. Sec. 409. If specific funding for the purposes of section 132 of this act, referencing section 132 of this act by bill number and section number, is not provided by June 30, 1994, in the omnibus appropriations act, section 132 of this act is null and void.

NEW SECTION. Sec. 410. If specific funding for the purposes of sections 202 through 204 of this act, referencing sections 202 through 204 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 202 through 204 of this act are null and void.

NEW SECTION. Sec. 411. If specific funding for the purposes of sections 207 and 208 of this act, referencing sections 207 and 208 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 207 and 208 of this act are null and void.

NEW SECTION. Sec. 412. If specific funding for the purposes of sections 302 through 310 of this act, referencing sections 302 through 310 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 302 through 310 of this act are null and void.

NEW SECTION. Sec. 413. If specific funding for the purposes of section 316 of this act, referencing section 316 of this act by bill number and section number, is not provided by June 30, 1994, in the omnibus appropriations act, section 316 of this act is null and void.

NEW SECTION. Sec. 414. If specific funding for the purposes of section 317 of this act, referencing section 317 of this act by bill number and section number, is not provided by June 30, 1994, in the omnibus appropriations act, section 317 of this act is null and void.

NEW SECTION. Sec. 415. If specific funding for the purposes of sections 318 and 319 of this act, referencing sections 318 and 319 of this act by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 318 and 319 of this act are null and void.

NEW SECTION. Sec. 416. 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. 417. Captions and part and subpart headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 418. Sections 105 through 125, 301, 311 through 313, 317 through 328, and 401 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 419. Sections 207 and 208 of this act shall expire June 30, 1997.

NEW SECTION. Sec. 420. (1) Sections 301 and 311 through 313 of this act may be known and cited as the community empowerment act.

(2) Sections 302 through 308 of this act may be known and cited as the youthbuild violence prevention act.