BP BHEAD INT S

AN ACT Relating to chronically disabled, chemically dependent persons; amending RCW 70.96A.020 and 66.08.120; adding new sections to chapter 70.96A RCW; adding a new chapter to Title 82 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that there is a small number of chronically disabled, chemically dependent people who consume a large portion of expensive public resources. The types of resources used by this group include the police, courts, jails, emergency medical transportation, emergency medical treatment services, detoxification facilities, alcohol treatment facilities, and mental health services. After using or receiving these services many of the people in this population regress into the same behaviors which necessitated the original use of public resources.

The legislature finds that incremental progress can be made in resolving the obstacles to recovery for chronically disabled, chemically dependent people by providing a comprehensive set of treatment and support services.

Sec. 2. RCW 70.96A.020 and 1991 c 364 s 8 are each amended to read as follows:

For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

(1) "Alcoholic" means a person who suffers from the disease of alcoholism.

(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

(4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

(6) "Chronically disabled, chemically dependent person" is an individual with a severe chemical dependency problem who is frequently intoxicated and repeatedly uses, or is at high risk of repeatedly using, multiple public services such as detoxification services, police, court, and jail services, emergency transportation and medical services, emergency room and hospital care, and involuntary commitment services.

(7) "Department" means the department of social and health services.

((~~(7)~~)) (8) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

((~~(8)~~)) (9) "Director" means the person administering the chemical dependency program within the department.

((~~(9)~~)) (10) "Drug addict" means a person who suffers from the disease of drug addiction.

((~~(10)~~)) (11) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

((~~(11)~~)) (12) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

((~~(12)~~)) (13) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

((~~(13)~~)) (14) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and constitutes a danger to himself or herself, to any other person, or to property.

((~~(14)~~)) (15) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

((~~(15)~~)) (16) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

((~~(16)~~)) (17) "Licensed physician" means a person licensed to practice medicine or osteopathy in the state of Washington.

((~~(17)~~)) (18) "Minor" means a person less than eighteen years of age.

((~~(18)~~)) (19) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

((~~(19)~~)) (20) "Person" means an individual, including a minor.

((~~(20)~~)) (21) "Secretary" means the secretary of the department of social and health services.

((~~(21)~~)) (22) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

((~~(22)~~)) (23) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

NEW SECTION. Sec. 3. A new section is added to chapter 70.96A RCW to read as follows:

(1) The legislative authority of any county that seeks to impose the local option liquor sales tax authorized in section 5 of this act must first develop a six-year plan for the provision of chemical dependency treatment and support services for chronically disabled, chemically dependent persons. The plan shall:

(a) Address the needs of this population by increasing the length of their periods of sobriety, improving their overall quality of life, and reducing their involvement with such services as detoxification, police, court, and jail services, emergency transportation and medical services, emergency room and hospital care, and involuntary commitment services;

(b) Address the needs of mentally ill, chemically addicted persons. This portion of the plan shall be developed in collaboration with the local mental health regional support network;

(d) Include the revision of the current plan for the use of state allocated funds for alcohol and substance abuse treatment to reflect the changes necessary to implement the plan for chronically disabled, chemically dependent people, and for the underserved populations as funds permit.

(2) In addition to the plan enumerated in subsection (1) of this section, a county may develop a comprehensive four-year plan by also including a component which addresses chemical dependency service needs of other high-risk, chemically dependent populations. This component shall be used in allocating available state, federal, local, and community resources and shall include:

(a) A needs assessment specifying the needs of populations most at risk and most in need of publicly supported chemical dependency services; and

(b) Proposed revisions and improvements in existing services and systems to better meet the specified needs including those revisions and improvements that can be accomplished without any change in existing resources or categorical funding restrictions, those that require waivers from existing state or federal categorical restrictions, and those that require additional resources.

(3)(a) The plan shall be approved by the department of social and health services prior to implementation of the local option liquor sales tax. The department shall adopt, by rule, the criteria used to determine the approval of the comprehensive plans.

(b) The county legislative authority must reapply to the department for approval of the county's plan every four years. The department shall not approve the county's reapplication unless the county demonstrates: (i) Substantial progress in providing treatment and support services to chronically disabled, chemically dependent people; and (ii) a significant reduction in the use of other public resources traditionally used by chronically disabled, chemically dependent people.

(c) The department shall approve or reject an application within sixty days of its receipt. If the application is rejected the department shall provide a written explanation stating the grounds for rejection and allow the county thirty days to revise and resubmit the plan. If the department does not approve a renewal application, after allowing an opportunity for resubmittal, the county's authority to impose a local option liquor sales tax shall immediately cease.

(4) For the purposes of this section "treatment and support services" means a comprehensive set of chemical dependency treatment and support services which can be made available to the adult chronically disabled, chemically dependent person according to the individual's needs. The services may consist of outreach, sobering services, detoxification, case management, inpatient and outpatient treatment, transitional housing, permanent housing, and support services such as vocational and educational services, child care, health care, and mental health care.

NEW SECTION. Sec. 4. A new section is added to chapter 70.96A RCW to read as follows:

(1) The legislative authority of the county may request from the department of social and health services a waiver from the existing categorical funding restrictions for alcohol and substance abuse programs, if those restrictions impair the county's ability to implement the comprehensive chemical dependency services plan submitted under section 3(2) of this act. The department is authorized to grant a waiver and, if necessary, seek any required federal waivers.

(2) Before granting a waiver the department shall ensure that the county's plan provides a comprehensive, coordinated program for chemical dependency and substance services to the adult chronically disabled, chemically dependent; mentally ill, chemically addicted; youth; women; ethnic and racial minorities; and multiple substance abusing people.

NEW SECTION. Sec. 5. (1) The legislative authority of any county may impose a tax upon each retail sale of spirits, or strong beer in the original package sold within the county at a rate not to exceed three percent of the selling price. The tax imposed in this subsection shall apply to all sales including sales by the Washington state liquor stores and agencies, but excluding sales to class H licensees.

(2) The legislative authority of any county may impose a tax upon each sale of spirits, or strong beer in the original package sold within the county at a rate not to exceed two percent of the selling price on sales by Washington state liquor stores and agencies to class H licensees.

(3) The legislative authority of any county may impose a tax upon each retail sale of spirits in the original package sold within the county at a rate not to exceed thirty-four cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.

(4) Proceeds of the taxes imposed under this section shall be used solely for providing a comprehensive set of chemical dependency treatment and support services for chronically disabled, chemically dependent persons as defined in section 2 of this act.

(5) The county shall meet the requirements contained in section 3 of this act prior to imposing any tax under this section.

(6) The taxes imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale under this section. The taxes required by this section to be collected by the seller shall be stated separately from the selling price and for purposes of determining the tax due from the buyer to the seller, it shall be conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.

(7) As used in this section, the terms, "spirits," "strong beer," and "package" shall have the meaning ascribed to them in chapter 66.04 RCW.

NEW SECTION. Sec. 6. (1) The counties imposing a tax under section 5 of this act shall contract, prior to the effective date of a resolution or ordinance imposing the tax, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by section 5 of this act which is collected by the department of revenue shall be deposited by the department of revenue in a local liquor sales tax account which is hereby created in the state treasury.

(2) Moneys in the local liquor sales tax account may only be spent by the county imposing the tax and only for the purposes of the county's chemical dependency treatment and support services plan as approved by the department of social and health services under section 3(3) of this act.

(3) All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed pursuant to this chapter.

(4) Except as provided in RCW 43.08.190, all earnings of investments of balances in the local liquor sales tax account shall be credited to the local liquor sales tax account and distributed to the counties monthly.

NEW SECTION. Sec. 7. Monthly the state treasurer shall make distribution from the local liquor sales tax account to the counties the amount of tax collected on behalf of each county, less the deduction provided for in section 6 of this act. The state treasurer shall make the distribution under this section without appropriation.

In the event that any ordinance or resolution imposes a local liquor sales tax at a rate in excess of the authorized limits contained in section 5 of this act, such ordinance or resolution shall not be considered void in its entirety, but only with respect to that portion of the rate which is in excess of the authorized limits.

Sec. 8. RCW 66.08.120 and 1933 ex.s. c 62 s 29 are each amended to read as follows:

No municipality or county shall have power to license the sale of, ((or)) impose an excise tax upon, ((~~liquor as defined in this title,~~)) or ((to)) license the sale or distribution ((~~thereof in any manner; and~~)) of liquor as defined in RCW 66.04.010, except as authorized in section 5 of this act. Any other power now conferred by law on any municipality or county to license premises which may be licensed under this section, or to impose an excise tax upon liquor, or to license the sale and distribution thereof, as defined in this title, shall be suspended and shall be of no further effect((~~: PROVIDED, That~~)). Municipalities and counties shall have power to adopt police ordinances and regulations not in conflict with this title or with the regulations made by the board.

NEW SECTION. Sec. 9. Sections 5 through 7 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 10. This act shall take effect January 1, 1994.