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ONE HUNDREDTH DAY





MORNING SESSION


House Chamber, Olympia, Tuesday, April 20, 1999


             The House was called to order at 10:00 a.m. by Speaker Pro Tempore Pennington. The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Devon Connor-Green and Michael Harbor. Prayer was offered by Former Representative Dawn Mason.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


INTRODUCTIONS AND FIRST READING

 

HCR 4411         by Representatives Morris, Dunn, Van Luven and Veloria

 

Creating a joint select committee to review the permitting process under the Shoreline Management Act.


             There being no objection, the resolution listed on the day's introduction sheet under the fourth order of business was referred to the Rules Committee.


RESOLUTIONS


             HOUSE RESOLUTION NO. 99-4636, by Representatives Delvin, Stensen, B. Chandler, McMorris, Crouse, DeBolt, McDonald, Buck, Boldt, Anderson, Mielke, Reardon, Sump, Kastama, Bush, Morris, Schoesler, Mastin, Grant, G. Chandler, Ruderman, Thomas, Esser, Hankins, Skinner, Dunn and Fortunato


             WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the extraordinary things that make life in Washington state unique for all its citizens; and

             WHEREAS, Hunting and fishing and the taking of game and fish are a valued part of our heritage that should be forever preserved for the people and maintained for the public good; and

             WHEREAS, Hunting and fishing and the taking of game and fish are time-honored means of providing food, clothing, and other important resources for individuals and families throughout Washington state; and

             WHEREAS, Hunting and fishing and the taking of game and fish provide many hours for fathers, mothers, sons, and daughters to spend together sharing, working, solving problems, exploring the outdoors, experiencing nature, and enjoying the bountiful blessings bestowed by our Creator; and

             WHEREAS, Hunting and fishing and the taking of game and fish have provided a means of livelihood for over 150 years for thousands of Washington residents allowing hunters and nonhunters and fishers and nonfishers alike throughout this nation and the world to enjoy the wonderful products of their labors; and

             WHEREAS, Hunting and fishing and the taking of game and fish have given sports hunters and fishers untold pleasures while pursuing the challenges of the chase and catch in a responsible and humane manner; and

             WHEREAS, Hunting and fishing and the taking of game and fish are unique parts of the culture of Washington state and provide exceptional opportunities for all our citizens to enjoy the ocean, our rivers, creeks, streams, lakes, and ponds, and our mountains, hills, valleys, fields, plains, and desert;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the benefits of hunting and fishing and the taking of game and fish and honor those individuals and organizations that work both to protect and produce our game and fish and to promote and preserve our freedoms and opportunities for hunting and fishing and the taking of game and fish.


             Representative Delvin moved adoption of the resolution.


             Representative Delvin spoke in favor of the adoption of the resolution.


             House Resolution No. 99-4636 was adopted.


             HOUSE RESOLUTION NO. 99-4682, by Representatives Santos, Kenney, Veloria, Tokuda, Constantine, Ruderman, Cairnes, Radcliff, Ballasiotes, Hankins, Mitchell, Skinner, Van Luven, Thomas, Esser and Dunn


             WHEREAS, Inner-city and rural communities in Washington continue to have higher rates of unemployment than the state as a whole; and

             WHEREAS, Small business owners in inner-city and rural communities face significant challenges in growing their businesses; and

             WHEREAS, The University of Washington Business School is one of the premier business schools in the country; and

             WHEREAS, The University of Washington Business School launched a Business and Economic Development Program to assist small businesses in economically distressed communities; and

             WHEREAS, The University of Washington Business and Economic Development Program is a successful model of partnership that was initiated equally by community and business organizations, small business owners, private corporations, and the University of Washington Business School; and

             WHEREAS, The University of Washington has demonstrated the success of its efforts to create new jobs in Seattle and is seeking to develop a companion program through the University of Washington, Tacoma and through other partnerships across the state; and

             WHEREAS, The University of Washington Business and Economic Development Program has been recognized by the United States Small Business Administration for its innovative program;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and commend the University of Washington, its faculty, staff, and students for their work to assist small businesses in economically distressed communities through the Business and Economic Development Program; and

             BE IT FURTHER RESOLVED, That the House of Representatives of the state of Washington thank the individuals, community organizations, banks, corporations, University of Washington alumni, and others who have formed a unique partnership with the University of Washington Business and Economic Development Program for their investments of time and financial resources in support of small business development, improved education for undergraduate and graduate students, and enhanced economic activity for distressed communities; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to the Governor, the University of Washington Board of Regents, the University of Washington Business School Advisory Board, and the Advisory Board of the University of Washington Business and Economic Development Program.


             Representative Santos moved adoption of the resolution.


             Representatives Santos, Veloria and Van Luven spoke in favor of the adoption of the resolution.


             House Resolution No. 99-4682 was adopted.


SPEAKER'S PRIVILEGE


             The Speaker (Representative Pennington presiding) introduced Thaddeus Spratlen, Ph.D., Professor of Marketing and Faculty Director, UW Business and Economic Development Program; Michael Verchot, MBA, Director, UW Business and Economic Development Program and Lecturer in Marketing; and Dawn Mason, Board member, UW Business and Economic Development Program.


             Speaker Ballard assumed the chair.


SIGNED BY THE SPEAKERS


             The Speakers signed:

SUBSTITUTE HOUSE BILL NO. 1204,

SUBSTITUTE HOUSE BILL NO. 1345,

HOUSE BILL NO. 1554,

SUBSTITUTE HOUSE BILL NO. 1620,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1887,

SUBSTITUTE HOUSE BILL NO. 2152,

SUBSTITUTE SENATE BILL NO. 5029,

ENGROSSED SENATE BILL NO. 5371,

ENGROSSED SENATE JOINT MEMORIAL NO. 8013,


             Speaker Ballard called upon Representative Pennington to preside.


MESSAGE FROM THE GOVERNOR


April 20, 1999


To the Honorable Speakers and Members,

The House of Representatives of the State of Washington


Ladies and Gentlemen:


I have the honor to advise you that on April 19, 1999, Governor Locke approved the following House Bills entitled:


House Bill No. 1011

Relating to harassment & stalking through the use of electronic communications.

House Bill No. 1018

Relating to the Washington award for vocational excellence.

Substitute House Bill No. 1075

Relating to increasing the monetary limit for use of the small works roster by port districts.

House Bill No. 1092

Relating to the licensing, regulation, and fees of escrow agents and escrow officers.

House Bill No. 1106

Relating to disclosures made for prize promotions.

House Bill No. 1139

Relating to judicial removal of a director of a nonprofit corporation from office.

Substitute House Bill No. 1149

Relating to accounting standards under the insurance code.

House Bill No. 1216

Relating to removing the terminator of the secretary's authority for administrative procedures.

House Bill No. 1221

Relating to the Lewis & Clark bicentennial advisory committee.

Substitute House Bill No. 1289

Relating to conforming unemployment compensation statutes with federal law.

House Bill No. 1297

Relating to earned early release time.

House Bill No. 1372

Relating to birth defects surveillance.

House Bill No. 1542

Relating to the recording of surveys by a county auditor.

Substitute House Bill No. 1560

Relating to the state toxicology laboratory.


             There being no objection, the House advanced to the seventh order of business.


SENATE AMENDMENTS TO HOUSE BILL

April 13, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1642 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 90.03 RCW to read as follows:

             The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in section 2 of this act is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.


             NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:

             The department may approve a change of the point of diversion prescribed in a permit to appropriate water for a beneficial use to a point of diversion that is located downstream and is an existing approved intake structure with capacity to transport the additional diversion, if the ownership, purpose of use, season of use, and place of use of the permit remain the same.

             This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before the effective date of this section.


             Sec. 3. RCW 90.03.030 and 1987 c 109 s 68 are each amended to read as follows:

             Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepage, the amount of such seepage to be determined by the department, upon the application of any person interested. Water conveyed under this section may be conveyed to an approved intake structure located in a neighboring state in order to accomplish an approved modification of the point of diversion in a permit to appropriate water for a beneficial use, if approval of the neighboring state is documented to the satisfaction of the department."


             On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "amending RCW 90.03.030; and adding new sections to chapter 90.03 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1642 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1642 as amended by the Senate.


MOTIONS


             On motion of Representative Schoesler, Representative Mulliken was excused. On motion of Representative Wolfe, Representatives Quall, Scott and Anderson were excused.


             Representatives Grant and Chandler spoke in favor of passage of the bill as amended by the Senate.


COLLOQUY


             Representative G. Chandler: "Representative Linville: Section 3 of the bill, as now amended, allows water for a water right permit issued by this state to be conveyed along a natural stream or lake located in a neighboring state to an "approved" intake structure to accomplish an "approved" modification of the permit. This authority is granted if "approval" of the neighboring state is documented to the satisfaction of the Department of Ecology. Which "approval" of the neighboring state must be documented under this requirement?"

             Representative Linville: "The "approval" of the neighboring state that must be documented to the satisfaction of the Department under Section 3 of the bill is the neighboring state's approval allowing water under Washington's water right permit to be conveyed in a natural stream or lake of the neighboring state to the intake structure."


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1642, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.

             Excused: Representatives Anderson, Mulliken, Quall and Scott - 4.


             House Bill No. 1642, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1826 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 90.03.060 and 1987 c 109 s 69 are each amended to read as follows:

             (1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require them. The districts for or in which the water masters serve shall be designated water master districts, which shall be fixed from time to time by the department, as required, and they shall be subject to revision as to boundaries or to complete abandonment as local conditions may indicate to be expedient, the spirit of this provision being that no district shall be created or continued where the need for the same does not exist. Water masters shall be supervised by the department, shall be compensated for services from funds of the department, and shall be technically qualified to the extent of understanding the elementary principals of hydraulics and irrigation, and of being able to make water measurements in streams and in open and closed conduits of all characters, by the usual methods employed for that purpose. Counties and municipal and public corporations of the state are authorized to contribute moneys to the department to be used as compensation to water masters in carrying out their duties. All such moneys received by the department shall be used exclusively for said purpose.

             (2) A water master may be appointed by the department for a watershed management area for which a plan adopted by a planning unit and by the counties with territory in the watershed management area under RCW 90.82.130 contains a requirement or request that a water master be appointed, subject to availability of state or nonstate funding."


             On page 1, line 1 of the title, after "masters;" strike the remainder of the title and insert "and amending RCW 90.03.060."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1826 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1826 as amended by the Senate.


             Representatives Grant and Chandler spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1826, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.

             Excused: Representatives Anderson, Mulliken, Quall and Scott - 4.


             Substitute House Bill No. 1826, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1872 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature shall create a task force to study the granting of state-wide warrant jurisdiction to courts of limited jurisdiction. The task force shall determine if it would be beneficial to the operation of the criminal justice system in this state to grant municipal and district courts the authority to take recognizance, approve bail, and arraign defendants on warrants issued by any judicial officer of a court of limited jurisdiction within the state. The task force shall also make recommendations on implementing such jurisdiction including, but not limited to, a review of such issues as speedy trial, appointment of counsel, plea agreements, efficient use of court personnel and resources, and payment of expenses such as transportation, salaries, and per diem. The task force shall also consider the effect of state-wide warrant jurisdiction on local city and county jail populations including, but not limited to, providing for costs of incarceration, as well as mechanisms for managing offenders who are temporarily in custody within the local city or county jail. The task force may also study any other relevant matters that arise during the course of this study.

             (2) The task force shall consist of the following members:

             (a) One district court judge, appointed by the Washington state municipal and district court judges association;

             (b) One municipal court judge, appointed by the Washington state municipal and district court judges association;

             (c) One prosecuting attorney, appointed by the Washington association of prosecuting attorneys;

             (d) One public defender, appointed by the Washington defender association;

             (e) One sheriff or police chief, appointed by the Washington association of sheriffs and police chiefs;

             (f) Two representatives from the counties, one representative from a large county and one representative from a small county, appointed by the Washington state association of counties;

             (g) One county official, appointed by the Washington state association of counties;

             (h) Two representatives from the cities, one representative from a large city and one representative from a small city, appointed by the association of Washington cities;

             (i) One law enforcement officer, appointed by the Washington association of sheriffs and police chiefs;

             (j) One county jail administrator, appointed by the Washington association of sheriffs and police chiefs, corrections committee;

             (k) Two members from the senate, one from each of the two largest caucuses, appointed by the president of the senate; and

             (l) Two members from the house of representatives, one from each of the two largest caucuses, appointed by the co-speakers of the house of representatives.

             (3) The chair of the task force shall be selected by the members of the task force. The task force shall submit its recommendations to the chairs of the senate and house of representatives judiciary committees by December 15, 1999."


             On page 1, line 2 of the title, after "jurisdiction;" strike the remainder of the title and insert "and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1872 and advanced the bill as amended by the Senate to final passage.


             The House deferred action on House Bill No. 1872 as amended by the Senate, and the bill held its place on the concurrence calendar.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1971 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 43.59.150 and 1998 c 165 s 3 are each amended to read as follows:

             (1) The Washington state traffic safety commission shall establish a program for improving bicycle and pedestrian safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public private partnerships which promote bicycle and pedestrian safety. The traffic safety commission shall periodically report and make recommendations to the legislative transportation committee ((and the fiscal committees of the house of representatives and the senate by December 1, 1998, regarding the conclusions of the advisory)) on the progress of the bicycle and pedestrian safety committee.

             (2) The bicycle and pedestrian safety account is created in the state treasury to support bicycle and pedestrian education or safety programs. ((To the extent that private contributions are received by the traffic safety commission for the purposes of bicycle and pedestrian safety programs established under this section, the appropriations from the highway safety account for this purpose shall lapse.))


             Sec. 2. RCW 46.52.070 and 1998 c 165 s 8 are each amended to read as follows:

             (1) Any police officer of the state of Washington or of any county, city, town or other political subdivision, present at the scene of any accident or in possession of any facts concerning any accident whether by way of official investigation or otherwise shall make report thereof in the same manner as required of the parties to such accident and as fully as the facts in his possession concerning such accident will permit.

             (2) The police officer shall report to the department, on a form prescribed by the director: (a) When ((an accident)) a collision has occurred that results in a fatality ((or serious injury)); and (b) the identity of the operator of a vehicle involved in the ((accident)) collision when the officer has reasonable grounds to believe the operator ((who)) caused the ((fatality or serious injury may not be competent to operate a motor vehicle; and (c) the reason or reasons for such belief)) collision.

             (3) The police officer shall report to the department, on a form prescribed by the director: (a) When a collision has occurred that results in a serious injury; (b) the identity of the operator of a vehicle involved in the collision when the officer has reasonable grounds to believe the operator who caused the serious injury may not be competent to operate a motor vehicle; and (c) the reason or reasons for the officer's belief.


             Sec. 3. RCW 46.20.305 and 1998 c 165 s 13 are each amended to read as follows:

             (1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.

             (2) The department shall require a driver reported under RCW 46.52.070 (2)((, when a fatality occurred,)) and (3) to submit to an examination. The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for examination.

             (3) ((The department may require a driver reported under RCW 46.52.070(2) to submit to an examination, or suspend the person's license subject to RCW 46.20.322, when a serious injury occurred. The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department.

             (4))) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.

             (((5))) (4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.

             (((6))) (5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.


             NEW SECTION. Sec. 4. A new section is added to chapter 46.16 RCW to read as follows:

             When applicable, the certificate of registration must include a statement that the owner or entity operating a commercial vehicle must be in compliance with the requirements of the United States department of transportation federal motor carrier safety regulations contained in Title 49 C.F.R. Part 382, controlled substances and alcohol use and testing.


             NEW SECTION. Sec. 5. A new section is added to chapter 46.32 RCW to read as follows:

             A person or employer operating as a motor carrier shall comply with the requirements of the United States department of transportation federal motor carrier safety regulations as contained in Title 49 C.F.R. Part 382, controlled substances and alcohol use and testing. A person or employer who begins or conducts commercial motor vehicle operations without having a controlled substance and alcohol testing program that is in compliance with the requirements of Title 49 C.F.R. Part 382 is subject to a penalty, under the process set forth in RCW 46.32.100, of up to one thousand five hundred dollars and up to an additional five hundred dollars for each motor vehicle driver employed by the person or employer who is not in compliance with the motor vehicle driver testing requirements. A person or employer having actual knowledge that a driver has tested positive for controlled substances or alcohol who allows a positively tested person to continue to perform a safety-sensitive function is subject to a penalty, under the process set forth in RCW 46.32.100, of one thousand five hundred dollars.


             NEW SECTION. Sec. 6. A new section is added to chapter 81.04 RCW to read as follows:

             A person or employer operating as a motor carrier shall comply with the requirements of the United States department of transportation federal motor carrier safety regulations as contained in Title 49 C.F.R. Part 382, controlled substances and alcohol use and testing. A person or employer who begins or conducts commercial motor vehicle operations without having a controlled substance and alcohol testing program that is in compliance with the requirements of Title 49 C.F.R. Part 382 is subject to a penalty, under the process set forth in RCW 81.04.405, of up to one thousand five hundred dollars and up to an additional five hundred dollars for each motor vehicle driver employed by the person or employer who is not in compliance with the motor vehicle driver testing requirements. A person or employer having actual knowledge that a driver has tested positive for controlled substances or alcohol who allows a positively tested person to continue to perform a safety-sensitive function is subject to a penalty, under the process set forth in RCW 81.04.405, of one thousand five hundred dollars."


             On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 43.59.150, 46.52.070, and 46.20.305; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.32 RCW; adding a new section to chapter 81.04 RCW; and prescribing penalties."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1971 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1971 as amended by the Senate.


             Representatives Ericksen and Fisher spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1971, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.

             Excused: Representatives Anderson, Mulliken, Quall and Scott - 4.


             Substitute House Bill No. 1971, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 6, 1999

Mr. Speaker:


             The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1132 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that those historic furnishings that illustrate the history of the state of Washington should be maintained and preserved for the use and benefit of the people of the state. It is the purpose of this act to establish the capitol furnishings preservation committee to increase the awareness of the public and state employees about the significance of the furnishings within the state capitol campus buildings as envisioned by the original architects Wilder and White.


             NEW SECTION. Sec. 2. A new section is added to chapter 27.48 RCW to read as follows:

             (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this section.

             (a) "State capitol group" includes the legislative building, the insurance building, the Cherberg building, the John L. O'Brien building, the Newhouse building, and the temple of justice building.

             (b) "Historic furnishings" means furniture, fixtures, and artwork fifty years of age or older.

             (2) The capitol furnishings preservation committee is established to promote and encourage the recovery and preservation of the original and historic furnishings of the state capitol group, prevent future loss of historic furnishings, and review and advise future remodeling and restoration projects as they pertain to historic furnishings. The committee's authority does not extend to the placement of any historic furnishings within the state capitol group.

             (3) The capitol furnishings preservation committee account is created in the custody of the state treasurer. All receipts designated for the account from appropriations and from other sources must be deposited into the account. Expenditures from the account may be used only to finance the activities of the capitol furnishings preservation committee. Only the director of the Washington state historical society or the director's designee may authorize expenditures from the account when authorized to do so by the committee. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

             (4) The committee may:

             (a) Authorize the director of the Washington state historical society or the director's designee to expend funds from the capitol furnishings preservation committee account for limited purposes of purchasing and preserving historic furnishings of the state capitol group;

             (b) Accept monetary donations, grants, and donations of historic furnishings from, but not limited to, (i) current and former legislators, state officials, and lobbyists; (ii) the families of former legislators, state officials, and lobbyists; and (iii) the general public. Moneys received under this section must be deposited in the capitol furnishings preservation committee account; and

             (c) Engage in or encourage fund raising activities including the solicitation of charitable gifts, grants, or donations specifically for the limited purpose of the recovery of the original and historic furnishings.

             (5) The membership of the committee shall include: Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; the chief clerk of the house of representatives; the secretary of the senate; the governor or the governor's designee; the lieutenant governor or the lieutenant governor's designee; a representative from the office of the secretary of state, the office of the state treasurer, the office of the state auditor, and the office of the insurance commissioner; a representative from the supreme court; a representative from the Washington state historical society, the department of general administration, and the Thurston county planning council, each appointed by the governor; and three private citizens, appointed by the governor.

             (6) Original or historic furnishings from the state capitol group are not surplus property under chapter 43.19 RCW or other authority unless designated as such by the committee.


             NEW SECTION. Sec. 3. A new section is added to chapter 43.19 RCW to read as follows:

             Original or historic furnishings from the state capitol group under section 2 of this act do not constitute surplus property under this chapter.


             NEW SECTION. Sec. 4. A new section is added to chapter 42.52 RCW to read as follows:

             When soliciting charitable gifts, grants, or donations solely for the limited purposes of section 2 of this act, members of the capitol furnishings preservation committee are exempt from the laws of this chapter."


             On page 1, line 1 of the title, after "committee;" strike the remainder of the title and insert "adding a new section to chapter 27.48 RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 42.52 RCW; and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Second Substitute House Bill No. 1132 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1132 as amended by the Senate.


             Representative Romero spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1132, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.

             Excused: Representatives Anderson, Mulliken, Quall and Scott - 4.


             Second Substitute House Bill No. 1132, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1153 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 13.40.215 and 1997 c 265 s 2 are each amended to read as follows:

             (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:

             (i) The chief of police of the city, if any, in which the juvenile will reside;

             (ii) The sheriff of the county in which the juvenile will reside; and

             (iii) The approved private schools and the common school district board of directors of the district in which the juvenile intends to reside or the approved private school or public school district in which the juvenile last attended school, whichever is appropriate, except when it has been determined by the department that the juvenile is twenty-one years old((; is not required to return to school under chapter 28A.225 RCW;)) or will be in the community for less than seven consecutive days on approved leave and will not be attending school during that time.

             (b) After ((July 27, 1997)) the effective date of this section, the department shall send a written notice to approved private and public schools under the same conditions identified in subsection (1)(a)(iii) of this section when a juvenile adjudicated of any offense is transferred to a community residential facility, discharged, paroled, released, or granted a leave. The community residential facility shall provide written notice of the offender's criminal history to any school that the offender attends while residing at the community residential facility and to any employer that employs the offender while residing at the community residential facility.

             (c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

             (i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;

             (ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and

             (iii) Any person specified in writing by the prosecuting attorney.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

             (d) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.

             (e) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.

             (2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

             (b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.

             In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).

             (3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

             (4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.

             (5) Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or approved private elementary, middle, or high school that is attended by a victim or a sibling of a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district. Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release of a convicted juvenile sex offender, the secretary shall send written notice of the discharge, parole, or other authorized leave or release and the requirements of this subsection to the common school district board of directors of the district in which the sex offender intends to reside or the district in which the sex offender last attended school, whichever is appropriate. The secretary shall send a similar notice to any approved private school the juvenile will attend, if known, or if unknown, to the approved private schools within the district the juvenile resides or intends to reside.

             (6) For purposes of this section the following terms have the following meanings:

             (a) "Violent offense" means a violent offense under RCW 9.94A.030;

             (b) "Sex offense" means a sex offense under RCW 9.94A.030;

             (c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110;

             (d) "Next of kin" means a person's spouse, parents, siblings, and children.


             Sec. 2. RCW 28A.225.225 and 1997 c 265 s 3 are each amended to read as follows:

             (1) All districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if:

             (a) Acceptance of a nonresident student would result in the district experiencing a financial hardship;

             (b) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; or

             (c) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (1)(c) must apply uniformly to both resident and nonresident applicants.

             For purposes of subsection (1)(b) of this section, "gang" means a group which: (i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

             (2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).


             Sec. 3. RCW 28A.225.330 and 1997 c 266 s 4 are each amended to read as follows:

             (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

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

             (b) Any past, current, or pending disciplinary action;

             (c) Any history of violent behavior, or behavior listed in RCW 13.04.155;

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

             (e) Any 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, history of violent behavior or behavior listed in RCW 13.04.155, attendance, immunization records, and academic performance. If the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, immunization records, ((and)) records of disciplinary action, and history of violent behavior or behavior listed in RCW 13.04.155. If the official transcript is not sent due to unpaid tuition, 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 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 within two school days after receiving the request and the records shall be sent as soon as possible. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

             (4) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

             (5) When a school receives information under this section or RCW 13.40.215 that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students, the school shall provide this information to the student's teachers and security personnel.


             Sec. 4. RCW 13.50.050 and 1997 c 338 s 40 are each amended to read as follows:

             (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

             (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (((11))) (12) of this section.

             (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

             (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

             (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

             (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

             (7) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Upon the decision to arrest or the arrest, incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.

             (8) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

             (((8))) (9) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

             (((9))) (10) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

             (((10))) (11) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (((22))) (23) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

             (((11))) (12) The court shall grant the motion to seal records made pursuant to subsection (((10))) (11) of this section if it finds that:

             (a) For class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent ten consecutive years in the community without committing any offense or crime that subsequently results in conviction. For class C offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction;

             (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;

             (c) No proceeding is pending seeking the formation of a diversion agreement with that person;

             (d) The person has not been convicted of a class A or sex offense; and

             (e) Full restitution has been paid.

             (((12))) (13) The person making a motion pursuant to subsection (((10))) (11) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

             (((13))) (14) If the court grants the motion to seal made pursuant to subsection (((10))) (11) of this section, it shall, subject to subsection (((22))) (23) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

             (((14))) (15) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (((22))) (23) of this section.

             (((15))) (16) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW.

             (((16))) (17) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (((22))) (23) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

             (((17))) (18) If the court grants the motion to destroy records made pursuant to subsection (((16))) (17) of this section, it shall, subject to subsection (((22))) (23) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

             (((18))) (19) The person making the motion pursuant to subsection (((16))) (17) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

             (((19))) (20) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

             (((20))) (21) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

             (((21))) (22) Any juvenile justice or care agency may, subject to the limitations in subsection (((22))) (23) of this section and (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

             (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

             (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

             (((22))) (23) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

             (((23))) (24) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault."


             On page 1, line 2 of the title, after "safety;" strike the remainder of the title and insert "and amending RCW 13.40.215, 28A.225.225, 28A.225.330, and 13.50.050."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1153 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1153 as amended by the Senate.


             Representatives McDonald and Kastama spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1153, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.

             Excused: Representatives Anderson, Mulliken, Quall and Scott - 4.


             Substitute House Bill No. 1153, as amended by the Senate, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute House Bill No. 1250, and the bill held its place on the concurrence calendar.


SENATE AMENDMENTS TO HOUSE BILL

April 12, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1407 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 26.33.170 and 1988 c 203 s 1 are each amended to read as follows:

             (1) An agency's, the department's, or a legal guardian's consent to adoption may be dispensed with if the court determines by clear, cogent and convincing evidence that the proposed adoption is in the best interests of the adoptee.

             (2) An alleged father's, birth parent's, or parent's consent to adoption may be dispensed with if the court finds that the proposed adoption is in the best interests of the adoptee and:

             (a) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the victim of the rape or incest; or

             (b) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the other parent of the adoptee was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest.

             (3) Nothing in this section shall be construed to eliminate the notice provisions of this chapter.


             NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

             In those cases where an alleged father, birth parent, or parent has indicated his or her intention to make a voluntary adoption plan for the child and has agreed to the termination of his or her parental rights, the department shall follow the wishes of the alleged father, birth parent, or parent regarding the proposed adoptive placement of the child, if the court determines that the adoption is in the best interest of the child, and the prospective adoptive parents chosen by the alleged father, birth parent, or parent are properly qualified to adopt in compliance with the standards in this chapter and chapter 26.33 RCW. If the department has filed a termination petition, an alleged father's, birth parent's, or parent's preferences regarding the proposed adoptive placement of the child shall be given consideration.


             Sec. 3. RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended to read as follows:

             If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

             (1) The court shall order one of the following dispositions of the case:

             (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

             (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(((4)(a))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

             (i) There is no parent or guardian available to care for such child;

             (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

             (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

             (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

             (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:

             (i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

             (ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

             (iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

             (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

             (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

             (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

             (vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

             (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);

             (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23 of this act;

             (x) Conviction of the parent of a sex offense under chapter 9A.44 RCW or incest under RCW 9A.64.020 when the child is born of the offense.

             (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

             (4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

             (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

             (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

             (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

             (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

             (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

             (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

             (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

             (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

             (6) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

             (7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

             (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

             (b) If the child is not returned home, the court shall establish in writing:

             (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

             (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

             (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

             (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

             (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

             (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

             (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

             (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

             (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.


             NEW SECTION. Sec. 4. 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."


             On page 1, line 1 of the title, after "adoption;" strike the remainder of the title and insert "amending RCW 26.33.170; reenacting and amending RCW 13.34.130; and adding a new section to chapter 13.34 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 1407 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1407 as amended by the Senate.


             Representatives Lambert and Constantine spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1407, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Engrossed Substitute House Bill No. 1407, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1493 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that homelessness for families with children is a serious, widespread problem that has a devastating effect on children, including significant adverse effects upon their growth and development. Planning for and serving the shelter and housing needs of homeless families with children has been and continues to be a responsibility of the department of community, trade, and economic development. The legislature further finds that the department of social and health services also plays an important role in addressing the service needs of homeless families with children. In order to adequately and effectively address the complex issues confronting homeless families with children, planning for, implementing, and evaluating such services must be a collaborative effort between the department of community, trade, and economic development and the department of social and health services, other local, state, and federal agencies, and community organizations. It is the intent of the legislature that the department of community, trade, and economic development and the department of social and health services jointly present the plan to the appropriate committees of the legislature as required in section 3 of this act. It is the intent of the legislature that children should not be placed or retained in the foster care system if family homelessness is the primary reason for placement or the continuation of their placement. It is the further intent of the legislature that services to homeless families with children shall be provided within funds appropriated for that specific purpose by the legislature in the operating and capital budgets. Nothing in this act is intended to prevent the court's review of the plan developed by the department of social and health services and the department of community, trade, and economic development under Washington State Coalition for the Homeless v. Department of Social and Health Services, King County Superior Court No. 91-2-15889-4. However, it is the intent of the legislature that the court's review in that proceeding be confined solely to review of the plan submitted under the order of February 4, 1998. Nothing in sections 1 through 10 of this act is intended to grant the court in this proceeding continuing review over the department of social and health services after the effective date of this act.


             NEW SECTION. Sec. 2. A new section is added to chapter 43.20A RCW to read as follows:

             (1) The department shall collaborate with the department of community, trade, and economic development in the development of the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650, which designates the department of community, trade, and economic development as the state agency with primary responsibility for providing shelter and housing services to homeless families with children. In fulfilling its responsibilities to collaborate with the department of community, trade, and economic development pursuant to RCW 43.63A.650, the department shall develop, administer, supervise, and monitor its portion of the plan. The department's portion of the plan shall contain at least the following elements:

             (a) Coordination or linkage of services with shelter and housing;

             (b) Accommodation and addressing the needs of homeless families in the design and administration of department programs;

             (c) Participation of the department's local offices in the identification, assistance, and referral of homeless families; and

             (d) Ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation.

             (2) The department shall include community organizations involved in the delivery of services to homeless families with children, and experts in the development and ongoing evaluation of the plan.

             (3) The duties under this section shall be implemented within amounts appropriated for that specific purpose by the legislature in the operating and capital budgets.


             Sec. 3. RCW 43.63A.650 and 1993 c 478 s 13 are each amended to read as follows:

             (1) The department shall be the principal state department responsible for coordinating federal and state resources and activities in housing, except for programs administered by the Washington state housing finance commission under chapter 43.180 RCW, and for evaluating the operations and accomplishments of other state departments and agencies as they affect housing.

             (2) The department shall work with local governments, tribal organizations, local housing authorities, nonprofit community or neighborhood-based organizations, and regional or state-wide nonprofit housing assistance organizations, for the purpose of coordinating federal and state resources with local resources for housing.

             (3) The department shall be the principal state department responsible for providing shelter and housing services to homeless families with children. The department shall have the principal responsibility to coordinate, plan, and oversee the state's activities for developing a coordinated and comprehensive plan to serve homeless families with children. The plan shall be developed collaboratively with the department of social and health services. The department shall include community organizations involved in the delivery of services to homeless families with children, and experts in the development and ongoing evaluation of the plan. The department shall follow professionally recognized standards and procedures. The plan shall be implemented within amounts appropriated by the legislature for that specific purpose in the operating and capital budgets. The department shall submit the plan to the appropriate committees of the senate and house of representatives no later than September 1, 1999, and shall update the plan and submit it to the appropriate committees of the legislature by January 1st of every odd-numbered year through 2007. The plan shall address at least the following: (a) The need for prevention assistance; (b) the need for emergency shelter; (c) the need for transitional assistance to aid families into permanent housing; (d) the need for linking services with shelter or housing; and (e) the need for ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation.


             NEW SECTION. Sec. 4. A new section is added to chapter 43.63A RCW to read as follows:

             (1) In order to improve services for the homeless, the department, within amounts appropriated by the legislature for this specific purpose, shall implement a system for the ongoing collection and analysis of data about the extent and nature of homelessness in Washington state, giving emphasis to information about extent and nature of homelessness in Washington state families with children. The system may be merged with other data gathering and reporting systems and shall:

             (a) Protect the right of privacy of individuals;

             (b) Provide for consultation and collaboration with state agencies including the department of social and health services, experts, and community organizations involved in the delivery of services to homeless persons; and

             (c) Include related information held or gathered by other state agencies.

             (2) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.


             NEW SECTION. Sec. 5. A new section is added to chapter 43.63A RCW to read as follows:

             The department shall, by rule, establish program standards, eligibility standards, eligibility criteria, and administrative rules for emergency housing programs and specify other benefits that may arise in consultation with providers.


             Sec. 6. RCW 13.34.030 and 1998 c 130 s 1 are each amended to read as follows:

             For purposes of this chapter:

             (1) "Child" and "juvenile" means any individual under the age of eighteen years.

             (2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

             (3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

             (4) "Dependent child" means any child:

             (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

             (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

             (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

             (5) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

             (6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

             (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

             (8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

             (9) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.


             Sec. 7. RCW 74.13.020 and 1979 c 155 s 76 are each amended to read as follows:

             As used in Title 74 RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:

             (1) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;

             (2) Protecting and caring for ((homeless,)) dependent((,)) or neglected children;

             (3) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children with services designed to resolve such conflicts;

             (4) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;

             (5) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.

             As used in this chapter, child means a person less than eighteen years of age.

             The department's duty to provide services to homeless families with children is set forth in section 2 of this act and in appropriations provided by the legislature for implementation of the plan.


             Sec. 8. RCW 74.13.031 and 1998 c 314 s 10 are each amended to read as follows:

             The department shall have the duty to provide child welfare services and shall:

             (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of ((homeless,)) runaway, dependent, or neglected children.

             (2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

             (3) Investigate complaints of any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime against a child may have been committed, the department shall notify the appropriate law enforcement agency.

             (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

             (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

             (6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

             (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

             (8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

             (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

             (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

             (11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

             Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

             (12) Within amounts appropriated for this specific purpose, provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement.


             Sec. 9. RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended to read as follows:

             If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

             (1) The court shall order one of the following dispositions of the case:

             (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services, including housing assistance, that least interfere with family autonomy, provided that the services are adequate to protect the child.

             (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(((4)(a))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

             (i) There is no parent or guardian available to care for such child;

             (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

             (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

             (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

             (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

             (i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

             (ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

             (iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

             (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

             (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

             (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

             (vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

             (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);

             (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23 of this act.

             (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

             (4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

             (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; ((or)) long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older; or a responsible living skills program. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

             (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

             (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

             (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

             (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

             (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

             (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

             (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

             (6) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

             (7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

             (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

             (b) If the child is not returned home, the court shall establish in writing:

             (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

             (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

             (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

             (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

             (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

             (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

             (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

             (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

             (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

             (8) The court's ability to order housing assistance under this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.


             NEW SECTION. Sec. 10. Sections 10 through 29 of this act may be referred to as the homeless youth prevention, protection, and education act, or the HOPE act. Every day many youth in this state seek shelter out on the street. A nurturing nuclear family does not exist for them, and state-sponsored alternatives such as foster homes do not meet the demand and isolate youth, who feel like outsiders in families not their own. The legislature recognizes the need to develop placement alternatives for dependent youth ages sixteen to eighteen, who are living on the street. The HOPE act is an effort to engage youth and provide them access to services through development of life skills in a setting that supports them. Nothing in sections 10 through 29 of this act shall constitute an entitlement.


             Sec. 11. RCW 74.15.020 and 1998 c 269 s 3 are each amended to read as follows:

             For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

             (1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

             (a) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

             (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

             (c) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;

             (d) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;

             (e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

             (f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

             (g) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

             (h) "HOPE center" means an agency licensed by the secretary to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for thirty days while services are arranged and permanent placement is coordinated. No street youth may stay longer than thirty days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;

             (i) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

             (((i))) (j) "Responsible living skills program" means an agency licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have been unable to live in his or her legally authorized residence and, as a result, the minor lived outdoors or in another unsafe location not intended for occupancy by the minor. Dependent minors ages fourteen and fifteen may be eligible if no other placement alternative is available and the department approves the placement;

             (k) "Service provider" means the entity that operates a community facility.

             (2) "Agency" shall not include the following:

             (a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:

             (i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

             (ii) Stepfather, stepmother, stepbrother, and stepsister;

             (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

             (iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the marriage is terminated; or

             (v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

             (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

             (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

             (d) Parents on a mutually cooperative basis exchange care of one another's children;

             (e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

             (f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

             (g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

             (h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

             (i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

             (j) Licensed physicians or lawyers;

             (k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

             (l) Facilities approved and certified under chapter 71A.22 RCW;

             (m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

             (n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

             (o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

             (p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

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

             (4) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

             (5) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

             (6) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

             (7) "Secretary" means the secretary of social and health services.

             (8) "Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not intended for occupancy by the minor and who is not residing with his or her parent or at his or her legally authorized residence.

             (9) "Transitional living services" means at a minimum, to the extent funds are available, the following:

             (a) Educational services, including basic literacy and computational skills training, either in local alternative or public high schools or in a high school equivalency program that leads to obtaining a high school equivalency degree;

             (b) Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search assistance, and placement programs;

             (c) Counseling and instruction in life skills such as money management, home management, consumer skills, parenting, health care, access to community resources, and transportation and housing options;

             (d) Individual and group counseling;

             (e) Recognizing and facilitating long-term relationships with significant adults; and

             (f) Establishing networks with federal agencies and state and local organizations such as the United States department of labor, employment and training administration programs including the job training partnership act which administers private industry councils and the job corps; vocational rehabilitation; and volunteer programs.

             Transitional living services shall be tailored to meet the needs of the individual youth. If a youth demonstrates a consistent unwillingness to participate in the acquisition of transitional living skills and services, a reassessment shall be done of the youth's appropriateness for the program.


             NEW SECTION. Sec. 12. A new section is added to chapter 74.15 RCW to read as follows:

             The secretary shall establish HOPE centers that provide no more than seventy-five beds across the state and may establish HOPE centers by contract, within funds appropriated by the legislature specifically for this purpose. HOPE centers shall be operated in a manner to reasonably assure that street youth placed there will not run away. Street youth may leave a HOPE center during the course of the day to attend school or other necessary appointments, but the street youth must be accompanied by an administrator or an administrator's designee. The street youth must provide the administration with specific information regarding his or her destination and expected time of return to the HOPE center. Any street youth who runs away from a HOPE center shall not be readmitted unless specifically authorized by the street youth's placement and liaison specialist, and the placement and liaison specialist shall document with specific factual findings an appropriate basis for readmitting any street youth to a HOPE center. HOPE centers are required to have the following:

             (1) A license issued by the secretary;

             (2) A professional with a master's degree in counseling, social work, or related field and at least one year of experience working with street youth or a bachelor of arts degree in social work or a related field and five years of experience working with street youth. This professional staff person may be contractual or a part-time employee, but must be available to work with street youth in a HOPE center at a ratio of one to every fifteen youth staying in a HOPE center. This professional shall be known as a placement and liaison specialist. Preference shall be given to those professionals cross-credentialed in mental health and chemical dependency. The placement and liaison specialist shall:

             (a) Conduct an assessment of the street youth that includes a determination of the street youth's legal status regarding residential placement;

             (b) Facilitate the street youth's return to his or her legally authorized residence at the earliest possible date or initiate processes to arrange legally authorized appropriate placement. Any street youth who may meet the definition of dependent child under RCW 13.34.030 must be referred to the department. The department shall determine whether a dependency petition should be filed under chapter 13.34 RCW. A shelter care hearing must be held within seventy-two hours to authorize out-of-home placement for any youth the department determines is appropriate for out-of-home placement under chapter 13.34 RCW. All of the provisions of chapter 13.32A RCW must be followed for children in need of services or at-risk youth;

             (c) Interface with other relevant resources and system representatives to secure long-term residential placement and other needed services for the street youth;

             (d) Be assigned immediately to each youth and meet with the youth within eight hours of the youth receiving HOPE center services;

             (e) Develop a therapeutic relationship with the youth that enables the specialist to help the street youth navigate the social service and child welfare systems;

             (f) Facilitate a physical examination of any street youth who has not seen a physician within one year prior to residence at a HOPE center and facilitate evaluation by a county-designated mental health professional, a chemical dependency specialist, or both if appropriate; and

             (g) Arrange an educational assessment to measure the street youth's competency level in reading, writing, and basic mathematics, and that will measure learning disabilities or special needs;

             (3) Staff trained in development needs of street youth as determined by the secretary, including an administrator who is a professional with a master's degree in counseling, social work, or a related field and at least one year of experience working with street youth, or a bachelor of arts degree in social work or a related field and five years of experience working with street youth, who must work with the placement and liaison specialist to provide appropriate services on site;

             (4) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery. Data collection systems must have confidentiality rules and protocols developed by the secretary;

             (5) Notification requirements that meet the notification requirements of chapter 13.32A RCW. The youth's arrival date and time must be logged at intake by HOPE center staff. The staff must immediately notify law enforcement and dependency caseworkers if a street youth runs away from a HOPE center. A child may be transferred to a secure facility as defined in RCW 13.32A.030 whenever the staff reasonably believes that a street youth is likely to leave the HOPE center and not return after full consideration of the factors set forth in RCW 13.32A.130(2)(a) (i) and (ii). The street youth's temporary placement in the HOPE center must be authorized by the court or the secretary if the youth is a dependent of the state under chapter 13.34 RCW or the department is responsible for the youth under chapter 13.32A RCW, or by the youth's parent or legal custodian, until such time as the parent can retrieve the youth who is returning to home;

             (6) HOPE centers must identify to the department any street youth it serves who is not returning promptly to home. The department then must contact the missing children's clearinghouse identified in chapter 13.60 RCW and either report the youth's location or report that the youth is the subject of a dependency action and the parent should receive notice from the department; and

             (7) Services that provide counseling and education to the street youth.


             NEW SECTION. Sec. 13. A new section is added to chapter 74.15 RCW to read as follows:

             The secretary shall establish responsible living skills programs that provide no more than seventy-five beds across the state and may establish responsible living skills programs by contract, within funds appropriated by the legislature specifically for this purpose. Responsible living skills programs shall have the following:

             (1) A license issued by the secretary;

             (2) A professional with a master's degree in counseling, social work, or related field and at least one year of experience working with street youth available to serve residents or a bachelor of arts degree in social work or a related field and five years of experience working with street youth. The professional shall provide counseling services and interface with other relevant resources and systems to prepare the minor for adult living. Preference shall be given to those professionals cross-credentialed in mental health and chemical dependency;

             (3) Staff trained in development needs of older adolescents eligible to participate in responsible living skills programs as determined by the secretary;

             (4) Transitional living services and a therapeutic model of service delivery that provides necessary program supervision of residents and at the same time includes a philosophy, program structure, and treatment planning that emphasizes achievement of competency in independent living skills. Independent living skills include achieving basic educational requirements such as a GED, enrollment in vocational and technical training programs offered at the community and vocational colleges, obtaining and maintaining employment; accomplishing basic life skills such as money management, nutrition, preparing meals, and cleaning house. A baseline skill level in ability to function productively and independently shall be determined at entry. Performance shall be measured and must demonstrate improvement from involvement in the program. Each resident shall have a plan for achieving independent living skills by the time the resident leaves the placement. The plan shall be written within the first thirty days of placement and reviewed every ninety days; and

             (5) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery. Data collection systems must have confidentiality rules and protocols developed by the secretary.


             NEW SECTION. Sec. 14. A new section is added to chapter 74.15 RCW to read as follows:

             To be eligible for placement in a responsible living skills program, the minor must be dependent under chapter 13.34 RCW and must have lived outdoors or in another unsafe location not intended for occupancy by the minor, or a HOPE center. Responsible living skills centers are intended as a placement alternative for dependent youth that the department chooses for the youth because no other services or alternative placements have been successful. Responsible living skills centers are not for dependent youth whose permanency plan includes return to home or family reunification.


             NEW SECTION. Sec. 15. A new section is added to chapter 74.15 RCW to read as follows:

             The secretary is authorized to license HOPE centers and responsible living skills programs that meet statutory and rule requirements created by the secretary. The secretary is authorized to develop rules necessary to carry out the provisions of sections 10 through 29 of this act. The secretary may rely upon existing licensing provisions in development of licensing requirements for HOPE centers and responsible living skills programs, as are appropriate to carry out the intent of sections 10 through 29 of this act. HOPE centers and responsible living skills programs shall be required to adhere to departmental regulations prohibiting the use of alcohol, tobacco, controlled substances, violence, and sexual activity between residents.


             Sec. 16. RCW 13.34.145 and 1998 c 314 s 3 and 1998 c 130 s 3 are each reenacted and amended to read as follows:

             (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

             (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; a responsible living skills program; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

             (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

             (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

             (d) For purposes related to permanency planning:

             (i) "Guardianship" means a dependency guardianship pursuant to this chapter, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian tribe.

             (ii) "Permanent custody order" means a custody order entered pursuant to chapter 26.10 RCW.

             (iii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.

             (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

             (3) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

             (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or permanent custody order is entered, or the dependency is dismissed.

             (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

             (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(7) and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 and 13.34.130(7). If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

             (a)(i) Order the permanency plan prepared by the agency to be implemented; or

             (ii) Modify the permanency plan, and order implementation of the modified plan; and

             (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

             (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

             (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(7), and the court shall determine the need for continued intervention.

             (8) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when, (a) the court has ordered implementation of a permanency plan that includes legal guardianship or permanent legal custody, and (b) the party pursuing the legal guardianship or permanent legal custody is the party identified in the permanency plan as the prospective legal guardian or custodian. During the pendency of such proceeding, juvenile court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.

             (9) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

             (10) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(7), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

             (11) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

             (12) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

             (13) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.


             NEW SECTION. Sec. 17. A new section is added to chapter 13.60 RCW to read as follows:

             The department of social and health services shall develop a procedure for reporting missing children information to the missing children clearinghouse on children who are receiving departmental services in each of its administrative regions. The purpose of this procedure is to link parents to missing children. When the department has obtained information that a minor child has been located at a facility funded by the department, the department shall notify the clearinghouse and the child's legal custodian, advising the custodian of the child's whereabouts or that the child is subject to a dependency action. The department shall inform the clearinghouse when reunification occurs.


             NEW SECTION. Sec. 18. The Washington institute for public policy shall review the effectiveness of the procedures established in section 17 of this act. The study shall include: (1) The number of legal custodians who utilize the clearinghouse; (2) the number of children who are located after the department's procedures are operational; (3) the impediments to effective utilization of the procedures and what steps may be taken to reduce or eliminate the impediments; (4) the methods of public education regarding the availability of the program and how to increase public awareness of the program.

             The review shall be submitted to the legislature and the governor not later than December 1, 2001.


             NEW SECTION. Sec. 19. A new section is added to chapter 82.04 RCW to read as follows:

             (1) In computing tax under this chapter, a credit is authorized for each person equal to fifty percent of approved amounts donated to a HOPE educational financial assistance program under section 21 of this act during the calendar year. The amount of the credit shall not exceed five thousand dollars for any person for any calendar year.

             (2) No credit may be taken under this section unless the credit is first approved by the department. Application for the credit shall be made in the form and manner prescribed by rules adopted by the department. Total credits approved by the department for any calendar year under this section and section 20 of this act shall not exceed two hundred fifty thousand dollars.

             (3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid. A credit must be claimed by the due date of the last tax return for the calendar year in which the payment is made. No credit may be carried back or forward to a different calendar year.

             (4) No credit may be taken under this section for amounts for which a credit is taken under section 20 of this act.


             NEW SECTION Sec. 20. A new section is added to chapter 82.16 RCW to read as follows:

             (1) In computing tax under this chapter, a credit is authorized for each person equal to fifty percent of approved amounts donated to a HOPE educational financial assistance program under section 21 of this act during the calendar year. The amount of the credit shall not exceed five thousand dollars for any person for any calendar year.

             (2) No credit may be taken under this section unless the credit is first approved by the department. Application for the credit shall be made in the form and manner prescribed by rules adopted by the department. Total credits approved by the department for any calendar year under this section and section 19 of this act shall not exceed two hundred fifty thousand dollars.

             (3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid. A credit must be claimed by the due date of the last tax return for the calendar year in which the payment is made. No credit may be carried back or forward to a different calendar year.

             (4) No credit may be taken under this section for amounts for which a credit is taken under section 19 of this act.


             NEW SECTION. Sec. 21. A new section is added to chapter 28B.80 RCW to read as follows:

             (1) HOPE educational financial assistance programs may be established by private nonprofit organizations and may qualify for the purposes of receiving contributions under sections 19 and 20 of this act upon approval of the board. Educational financial assistance from these programs may be used only for assistance for former street youth who qualify under subsection (2) of this section.

             (2) Only former street youth who have been residents of a HOPE center as defined in RCW 74.15.020 and who have received transitional living services as defined in RCW 74.15.020 may apply for and receive educational financial assistance under this section. The educational financial assistance may be used for expenses incurred in conjunction with enrollment in any institution of higher education in the state. Yearly educational financial assistance under this section is limited to an amount equal to the highest yearly undergraduate resident tuition charged by a public institution of higher education within the state, and may only be provided to an individual twice in any four-year period. The assistance shall take into account family and other financial resources available to the individual.


             Sec. 22. RCW 9.94A.390 and 1997 c 52 s 4 are each amended to read as follows:

             If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

             The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

             (1) Mitigating Circumstances

             (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

             (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

             (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

             (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

             (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

             (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

             (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

             (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

             (2) Aggravating Circumstances

             (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

             (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

             (c) The defendant knew that the victim of the current offense was a youth who was not residing with any legal custodian and was particularly vulnerable to a relationship with the defendant and the defendant established or promoted the relationship for the primary purpose of victimization.

             (d) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.

             (((d))) (e) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

             (i) The current offense involved multiple victims or multiple incidents per victim;

             (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

             (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

             (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

             (((e))) (f) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:

             (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

             (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

             (iii) The current offense involved the manufacture of controlled substances for use by other parties;

             (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

             (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

             (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

             (((f))) (g) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127.

             (((g))) (h) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

             (((h))) (i) The current offense involved domestic violence, as defined in RCW 10.99.020 and one or more of the following was present:

             (i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

             (ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or

             (iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

             (((i))) (j) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

             (((j))) (k) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

             (((k))) (l) The offense resulted in the pregnancy of a child victim of rape.


             Sec. 23. RCW 26.44.030 and 1998 c 328 s 5 are each amended to read as follows:

             (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

             (b) The reporting requirement shall also apply to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

             (c) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

             (d) The report shall be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known.

             (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.

             (3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

             (4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter.

             (5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

             (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

             (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.

             (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

             (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

             (10) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

             (11) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

             (12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

             (13) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

             The department shall provide annual reports to the legislature on the effectiveness of the risk assessment process.

             (14) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

             (15) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.


             NEW SECTION. Sec. 24. A new section is added to chapter 74.15 RCW to read as follows:

             The department shall provide technical assistance in preparation of grant proposals for HOPE centers and responsible living skills programs to nonprofit organizations unfamiliar with and inexperienced in submission of requests for proposals to the department.


             NEW SECTION. Sec. 25. A new section is added to chapter 74.15 RCW to read as follows:

             The department shall consider prioritizing, on an ongoing basis, the awarding of contracts for HOPE centers and responsible living skills programs to providers who have not traditionally been awarded contracts with the department.


             NEW SECTION. Sec. 26. The department of social and health services shall seek any necessary federal waivers for federal funding of the programs created under sections 10 through 29 of this act. The department shall pursue federal funding sources for the programs created under sections 10 through 29 of this act, and report to the legislature any statutory barriers to federal funding.


             NEW SECTION. Sec. 27. The Washington state institute for public policy shall review the effectiveness of the HOPE centers and the responsible living skills programs. The study shall include the characteristics of the youth being served, the services offered to participating youth, the success of permanent placement of youth, the number of youth participating in each program, the number of youth who successfully complete the responsible living skills program, educational achievement of participants, employment history of participants, the outcomes for youth who have progressed through the programs, and other measures that the institute deems helpful in determining the measurable outcomes of sections 10 through 29 of this act.

             The review shall be submitted to the legislature and the governor not later than December 1, 2001.


             NEW SECTION. Sec. 28. 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. 29. Within funds specifically appropriated by the legislature, HOPE center beds referenced in section 12 of this act and responsible living skills program beds referenced in section 13 of this act shall be phased in at the rate of twenty-five percent each year beginning January 1, 2000, until the maximum is attained.


             NEW SECTION. Sec. 30. Sections 12 and 13 of this act take effect January 1, 2000."


             On page 1, line 1 of the title, after "families;" strike the remainder of the title and insert "amending RCW 43.63A.650, 13.34.030, 74.13.020, 74.13.031, 74.15.020, 9.94A.390, and 26.44.030; reenacting and amending RCW 13.34.130 and 13.34.145; adding a new section to chapter 43.20A RCW; adding new sections to chapter 43.63A RCW; adding new sections to chapter 74.15 RCW; adding a new section to chapter 13.60 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; and providing an effective date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House did not concur in the Senate Amendment(s) to Engrossed Second Substitute House Bill No. 1493 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 13, 1999

Mr. Speaker:


             The Senate has passed House Bill No. 1549 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 90.03.320 and 1997 c 445 s 3 are each amended to read as follows:

             Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected((: and, for good cause shown, it)). For good cause shown, the department shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. Good cause includes prevention or restriction of water use by operation of federal laws for the time or times fixed for commencing work, completing work, and applying water to beneficial use otherwise authorized under a water right permit issued for a federal reclamation project. In fixing construction schedules and the time, or extension of time, for application of water to beneficial use for municipal water supply purposes, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures implemented by the public water system, and the supply needs of the public water system's service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand projections prepared by public water systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand projection may be used. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause is not shown, the permit shall be canceled."


             On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "and amending RCW 90.03.320."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1549 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1549 as amended by the Senate.


             Representatives G. Chandler and Linville spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1549, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             House Bill No. 1549, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1619 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature recognizes that Washington state is experiencing a significant shortage of quality foster homes and that the majority of children entering the system are difficult to place due to their complex needs. The legislature intends to provide additional assistance to those families willing to serve as foster parents.


             NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

             Within available funds and subject to such conditions and limitations as may be established by the department or by the legislature in the omnibus appropriations act, the department of social and health services shall reimburse foster parents for property damaged or destroyed by foster children placed in their care. The department shall establish by rule a maximum amount that may be reimbursed for each occurrence. The department shall reimburse the foster parent for the replacement value of any property covered by this section. If the damaged or destroyed property is covered and reimbursed under an insurance policy, the department shall reimburse foster parents for the amount of the deductible associated with the insurance claim, up to the limit per occurrence as established by the department.


             NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void.


             NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1619 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1619 as amended by the Senate.


             Representatives McDonald and Tokuda spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1619, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Substitute House Bill No. 1619, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1716 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 77.44.050 and 1996 c 222 s 5 are each amended to read as follows:

             The warm water game fish account is hereby created in the state wildlife fund. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish. Funds ((from the)) for warm water game fish ((surcharge)) as provided in RCW 77.32.440 shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994((. Funds from the warm water game fish account shall not be used for the operation or construction of the warm water fish culture project at Ringold unless specifically authorized by legislation.

             Funds from the sale of the warm water game fish surcharges shall be deposited in the warm water game fish account)), except that an amount not to exceed ninety-one thousand dollars may be used for warm water fish culture at the Rod Meseberg warm water fish production facility during the biennium ending June 30, 2001.


             Sec. 2. RCW 77.32.440 and 1998 c 191 s 13 are each amended to read as follows:

             (1) The commission shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs. All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement.

             (2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall ((initially)) deposit in the warm water game fish account ((6.512 percent of the funds received from the sale of each freshwater license and each freshwater, saltwater, and shellfish combination license. The percentage initially)) the sum of one million two hundred fifty thousand dollars each fiscal year during the fiscal years 1999 and 2000, based on two hundred fifty thousand warm water anglers. Beginning in fiscal year 2001, and each year thereafter, the deposit to the warm water game fish account established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers from the previous year conducted by the department beginning with the April 1, ((2000)) 1999, to March 31, ((2001)) 2000, license year survey. ((The legislature expects that implementing this subsection will result in annual deposits of at least one million two hundred fifty thousand dollars into the warm water game fish account.))


             NEW SECTION. Sec. 3. If specific funding for the purposes of section 1 of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, section 1 of this act is null and void.


             NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


             On page 1, line 1 of the title, after "culture;" strike the remainder of the title and insert "amending RCW 77.44.050 and 77.32.440; creating a new section; and declaring an emergency."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Second Substitute House Bill No. 1716 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1716 as amended by the Senate.


             Representatives G. Chandler and Anderson spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1716, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Second Substitute House Bill No. 1716, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 16, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1757 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds it necessary to expand the current pool of convicted offenders who must have a blood sample drawn for purposes of DNA identification analysis. The legislature further finds that there is a high rate of recidivism among certain types of violent and sex offenders and that drawing blood is minimally intrusive. Creating an expanded DNA data bank bears a rational relationship to the public's interest in enabling law enforcement to better identify convicted violent and sex offenders who are involved in unsolved crimes, who escape to reoffend, and who reoffend after release.


             Sec. 2. RCW 43.43.754 and 1994 c 271 s 402 are each amended to read as follows:

             Every adult or juvenile individual convicted of a felony or adjudicated guilty of an equivalent juvenile offense defined as a sex offense under RCW 9.94A.030(((31))) (33)(a) or a violent offense as defined in RCW 9.94A.030 shall have a blood sample drawn for purposes of DNA identification analysis. For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense who are serving or who are to serve a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining blood samples ((prior to release from)) either as part of the intake process into the county jail or detention facility for those persons convicted on or after the effective date of this act, or within a reasonable time after the effective date of this act for those persons incarcerated prior to the effective date of this act who have not yet had a blood sample drawn, beginning with those persons who will be released the soonest. For persons convicted of such offenses or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a division of juvenile rehabilitation facility, the facility holding the person shall be responsible for obtaining blood samples ((prior to release from)) either as part of the intake process into such facility for those persons convicted on or after the effective date of this act, or within a reasonable time after the effective date of this act for those persons incarcerated prior to the effective date of this act who have not yet had a blood sample drawn, beginning with those persons who will be released the soonest. Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense.

             This section applies to all adults who are convicted after July 1, 1990; and to all adults who were convicted on or prior to July 1, 1990, and who are still incarcerated on or after the effective date of this act. This section applies to all juveniles who are adjudicated guilty after July 1, 1994; and to all juveniles who were adjudicated guilty on or prior to July 1, 1994, and who are still incarcerated on or after the effective date of this act.


             NEW SECTION. Sec. 201. A new section is added to chapter 70.02 RCW to read as follows:

             Any health care provider, facility, or researcher who creates, maintains, or discloses a copy or record of a person's individually identifiable DNA information in violation of chapter 42.48 RCW, or RCW 7.70.065, 70.02.050, 71.05.630, or 74.42.040, or in violation of any federal informed consent statute or rule has committed an unfair business practice pursuant to the consumer protection act, chapter 19.86 RCW. Any person whose individually identified DNA information was copied or recorded in violation of this section shall have a cause of action under the consumer protection act.


             NEW SECTION. Sec. 202. A new section is added to chapter 19.86 RCW to read as follows:

             Any violation of section 3 of this act shall also constitute an unfair business practice in violation of RCW 19.86.020.


             NEW SECTION. Sec. 203. 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."


             On page 1, line 1 of the title, after "identification;" strike the remainder of the title and insert "amending RCW 43.43.754; adding a new section to chapter 70.02 RCW; adding a new section to chapter 19.86 RCW; and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to House Bill No. 1757 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1761 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 41.32.570 and 1997 c 254 s 5 are each amended to read as follows:

             (1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every seven hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

             (b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours per month. Any monthly benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

             (2) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state and who has satisfied the break in employment requirement of subsection (1) of this section shall cease to receive pension payments while engaged in such service: PROVIDED, That service may be rendered up to five hundred twenty-five hours per school year without reduction of pension.

             (3) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired teacher or retired administrator may also serve only as a substitute teacher for up to an additional ((one hundred five)) three hundred fifteen hours per school year without reduction of pension if:

             (a) A school district, which is not a member of a multidistrict substitute cooperative, determines that it has exhausted or can reasonably anticipate that it will exhaust its list of qualified and available substitutes and the school board of the district adopts a resolution to make its substitute teachers who are retired teachers or retired administrators eligible for the ((additional one hundred five hours of)) extended service once the list of qualified and available substitutes has been exhausted. The resolution by the school district shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection; or

             (b) A multidistrict substitute cooperative determines that the school districts have exhausted or can reasonably anticipate that they will exhaust their list of qualified and available substitutes and each of the school boards adopts a resolution to make their substitute teachers who are retired teachers or retired administrators eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolutions by each of the school districts shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolutions shall be valid only for the school year in which they are adopted. The cooperative shall forward a copy of the resolutions with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection.

             (4) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired administrator or retired teacher may also serve as a substitute administrator up to an additional one hundred five hours per school year without reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired administrator or retired teacher are necessary because it cannot find a replacement administrator to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired administrator or retired teacher who has been employed as a substitute administrator to the department. ((However, a retired administrator or retired teacher may not serve more than a total of one hundred five additional hours per school year pursuant to subsections (3) and (4) of this section.))

             (5) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section and the one hundred five hours permitted under subsection (4) of this section, a retired principal may also serve as a substitute principal up to an additional two hundred ten hours per school year without a reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired principal are necessary because it cannot find a replacement principal to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired principal who has been employed as a substitute principal to the department.

             (6) Subsection (2) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall apply only to benefits payable after June 11, 1986.

             (((6))) (7) Subsection (3) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall only apply to benefits payable after September 1, 1994."


             On page 1, line 3 of the title, after "benefits;" strike the remainder of the title and insert "and amending RCW 41.32.570."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1761 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1761 as amended by the Senate.


             Representatives Talcott and Haigh spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1761, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             House Bill No. 1761, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 16, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1770 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes. Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken. It is the intent of this act to implement recommendations of the state board of education.


             Sec. 2. RCW 28A.205.010 and 1993 c 211 s 1 are each amended to read as follows:

             (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:

             "Education center" means any private school operated on a profit or nonprofit basis which does the following:

             (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.

             (b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.

             (c) Conducts courses of instruction by professionally trained personnel certificated by the state board of education according to rules ((and regulations promulgated)) adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal to a year's teaching experience in a common or private school.

             (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of private schools under RCW 28A.305.130.

             (3) The state board of education shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) ((above)) of this section and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program. Such certification may be withdrawn if the board finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the state board of education pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.


             Sec. 3. RCW 28A.205.020 and 1997 c 265 s 7 are each amended to read as follows:

             Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040. A person is not an eligible common school dropout if: (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the ((superintendent of public instruction)) state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school. A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion. The fact that any person may be subject to RCW 28A.225.010 through ((28A.225.150)) 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.


             Sec. 4.. RCW 28A.205.040 and 1990 c 33 s 183 are each amended to read as follows:

             (1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified ((clinic)) center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020((, fees in accordance with the following conditions:

             (1)(a) The fee for the initial diagnostic procedure shall be not more than fifty dollars per student, and hourly fees for each student shall be sixteen dollars if the class size is no greater than one, ten dollars if the class size is at least two and no greater than five, and five dollars if the class size is at least six: PROVIDED, That)). The superintendent shall set fees by rule.

             (b) Revisions in such fees proposed by an education ((clinic)) center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect((: PROVIDED FURTHER, That)). An education ((clinic)) center may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either grant or deny the proposed revision((: AND PROVIDED FURTHER, That)). The administration of any general education development test shall not be a part of such initial diagnostic procedure.

             (((b))) (c) Reimbursements shall not be made for students who are absent.

             (((c))) (d) No ((clinic)) center shall make any charge to any student, or the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.

             (2) Payments shall be made from available funds first to those ((clinic(s) which)) centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit ((clinics)) centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.

             (3) To be eligible for such payment, every such ((clinic)) center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.

             (4) If total funds for this purpose approach depletion, the superintendent shall notify the ((clinics)) centers of the date after which further funds for reimbursement of the ((clinics')) centers' services will be exhausted.


             Sec. 5. RCW 28A.225.160 and 1986 c 166 s 1 are each amended to read as follows:

             Except as otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district. Except as otherwise provided by law or rules adopted by the state board of education, ((the state board of education is hereby authorized to adopt rules in accordance with chapter 34.05 RCW which)) districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student. For the purpose of complying with any rule adopted by the state board of education which authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees ((not to exceed seventy-five dollars per preadmission student)) to cover expenses incurred in the administration of ((such a)) any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees.


             Sec. 6. RCW 28A.300.040 and 1992 c 198 s 6 are each amended to read as follows:

             In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

             (1) To have supervision over all matters pertaining to the public schools of the state((.));

             (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools((.));

             (3) To prepare and have printed such forms, registers, courses of study, rules ((and regulations)) for the government of the common schools, ((questions prepared for the examination of persons as provided for in RCW 28A.305.130(9),)) and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents((.));

             (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials((.));

             (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules ((and regulations)) related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount((.));

             (6) To act as ex officio member and the chief executive officer of the state board of education((.));

             (7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to((.));

             (8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct((.));

             (9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state((.));

             (10) To issue certificates as provided by law((.));

             (11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education((.));

             (12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction((.));

             (13) To administer oaths and affirmations in the discharge of the superintendent's official duties((.));

             (14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office((.));

             (15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025((.));

             (16) To perform such other duties as may be required by law.


             NEW SECTION. Sec. 7. The following sections are each recodified as a new chapter in Title 28A RCW:

             RCW 28A.315.350

             RCW 28A.315.380

             RCW 28A.315.390

             RCW 28A.315.400

             RCW 28A.315.410

             RCW 28A.315.420

             RCW 28A.315.430

             RCW 28A.315.440


             NEW SECTION. Sec. 8. The following sections are each recodified as a new chapter in Title 28A RCW:

             RCW 28A.315.450

             RCW 28A.315.650

             RCW 28A.315.470

             RCW 28A.315.480

             RCW 28A.315.490

             RCW 28A.315.500

             RCW 28A.315.530

             RCW 28A.315.510

             RCW 28A.315.540


             NEW SECTION. Sec. 9. The following sections are each recodified as a new chapter in Title 28A RCW:

             RCW 28A.315.570

             RCW 28A.315.460

             RCW 28A.315.600

             RCW 28A.315.610

             RCW 28A.315.620

             RCW 28A.315.630

             RCW 28A.315.670

             RCW 28A.315.680

             RCW 28A.315.550


             NEW SECTION. Sec. 10. The following sections are each recodified as a new chapter in Title 28A RCW:

             RCW 28A.315.560

             RCW 28A.315.580

             RCW 28A.315.590

             RCW 28A.315.593

             RCW 28A.315.660

             RCW 28A.315.597

             RCW 28A.315.640


             NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

             (1) RCW 28A.04.172 (Post-baccalaureate professional teacher preparation program--Masters degree--Implementation--Standards) and 1987 c 525 s 214; and

             (2) RCW 28A.410.013 (Teacher assessment for certification--Study--Report to the legislature) and 1995 c 222 s 1."


             On page 1, line 2 of the title, after "authority;" strike the remainder of the title and insert "amending RCW 28A.205.010, 28A.205.020, 28A.205.040, 28A.225.160, and 28A.300.040; adding new chapters to Title 28A RCW; creating a new section; recodifying RCW 28A.315.350, 28A.315.380, 28A.315.390, 28A.315.400, 28A.315.410, 28A.315.420, 28A.315.430, 28A.315.440, 28A.315.450, 28A.315.650, 28A.315.470, 28A.315.480, 28A.315.490, 28A.315.500, 28A.315.530, 28A.315.510, 28A.315.540, 28A.315.570, 28A.315.460, 28A.315.600, 28A.315.610, 28A.315.620, 28A.315.630, 28A.315.670, 28A.315.680, 28A.315.550, 28A.315.560, 28A.315.580, 28A.315.590, 28A.315.593, 28A.315.660, 28A.315.597, and 28A.315.640; and repealing RCW 28A.04.172 and 28A.410.013."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1770 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1770 as amended by the Senate.


             Representative Stensen spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1770, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Substitute House Bill No. 1770, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 16, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED HOUSE BILL NO. 1773 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 26.09.240 and 1996 c 177 s 1 are each amended to read as follows:

             (1) ((A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.)) A grandparent of a child may petition the court for visitation with the child at any time after an action has been commenced under this chapter or a final order has been entered. A grandparent of a child may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding to seek visitation with the child.

             (2) ((A)) The petition for visitation ((with a child by a person other than a parent)) must be filed in the county in which the child resides.

             (3) ((A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition or motion is dismissed for failure to establish the existence of a significant relationship, the petitioner or intervenor shall be ordered to pay reasonable attorney's fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion.

             (4))) The court may order visitation between the petitioner or intervenor and the child ((between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child's best interests.

             (5)(a) Visitation with a grandparent shall be presumed to be in the child's best interests when a significant relationship has been shown to exist. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child's physical, mental, or emotional health.

             (b) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for hostilities that exist between the grandparent and one or both of the parents or person with whom the child lives, the court may set the matter for mediation under RCW 26.09.015.

             (6))) if the petitioner or intervenor has demonstrated by clear, cogent, and convincing evidence that:

             (a) A significant relationship exists with the child with whom visitation is sought;

             (b) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and

             (c) Visitation is in the child's best interests.

             If the petition or motion is dismissed, the petitioner or intervenor shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition or motion.

             (4) The court may consider the following factors when making a determination of the child's best interests:

             (a) The strength of the relationship between the child and the petitioner or intervenor;

             (b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner or intervenor;

             (c) The nature and reason for either parent's objection to granting the petitioner or intervenor visitation;

             (d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

             (e) The residential time-sharing arrangements between the parents;

             (f) The good faith of the petitioner or intervenor;

             (g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner or intervenor; and

             (h) Any other factor relevant to the child's best interest.

             (((7))) (5) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is a grandparent of the child. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

             (((8))) (6) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.

             (((9))) (7) Visitation granted ((pursuant to)) under this section shall be incorporated into the parenting plan for the child.

             (((10))) (8) The court may modify or terminate an order granting visitation ((rights granted pursuant to)) under this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child.


             Sec. 2. RCW 26.10.160 and 1996 c 303 s 2 are each amended to read as follows:

             (1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section.

             (2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense under:

             (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

             (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

             (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

             (D) RCW 9A.44.089;

             (E) RCW 9A.44.093;

             (F) RCW 9A.44.096;

             (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;

             (H) Chapter 9.68A RCW;

             (I) Any predecessor or antecedent statute for the offenses listed in (a)(iv)(A) through (H) of this subsection;

             (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (a)(iv)(A) through (H) of this subsection.

             This subsection (2)(a) shall not apply when (c) or (d) of this subsection applies.

             (b) The parent's visitation with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under:

             (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

             (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

             (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

             (D) RCW 9A.44.089;

             (E) RCW 9A.44.093;

             (F) RCW 9A.44.096;

             (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;

             (H) Chapter 9.68A RCW;

             (I) Any predecessor or antecedent statute for the offenses listed in (b)(iii)(A) through (H) of this subsection;

             (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection.

             This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies.

             (c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.

             (d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter:

             (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;

             (ii) RCW 9A.44.073;

             (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;

             (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;

             (v) RCW 9A.44.083;

             (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;

             (vii) RCW 9A.44.100;

             (viii) Any predecessor or antecedent statute for the offenses listed in (d)(i) through (vii) of this subsection;

             (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i) through (vii) of this subsection.

             (e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises visitation in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence:

             (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;

             (ii) RCW 9A.44.073;

             (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;

             (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;

             (v) RCW 9A.44.083;

             (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;

             (vii) RCW 9A.44.100;

             (viii) Any predecessor or antecedent statute for the offenses listed in (e)(i) through (vii) of this subsection;

             (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i) through (vii) of this subsection.

             (f) The presumption established in (d) of this subsection may be rebutted only after a written finding that:

             (i) If the child was not the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, and (B) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or

             (ii) If the child was the victim of the sex offense committed by the parent requesting visitation, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child.

             (g) The presumption established in (e) of this subsection may be rebutted only after a written finding that:

             (i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence of the convicted or adjudicated person, and (B) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or

             (ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is in the child's best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child.

             (h) If the court finds that the parent has met the burden of rebutting the presumption under (f) of this subsection, the court may allow a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection to have visitation with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.

             (i) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who has been adjudicated as a juvenile of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.

             (j) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who, as an adult, has been convicted of a sex offense listed in (e)(i) through (ix) of this subsection to have visitation with the child in the presence of the convicted person supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.

             (k) A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised visitation has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of visitation between the parent and the child, and after consideration of evidence of the offending parent's compliance with community supervision requirements, if any. If the offending parent was not ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation conducted by a state-certified sex offender treatment provider indicating that the offender has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child.

             (l) A court may order unsupervised contact between the parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised visitation has occurred for at least two years during which time the adjudicated juvenile has had no further arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds that unsupervised contact between the child and the parent that may occur in the presence of the adjudicated juvenile is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treatment of child sexual abuse victims who has supervised at least one period of visitation between the parent and the child in the presence of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile's compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a state-certified sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent.

             (m)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting visitation. If the court expressly finds based on the evidence that limitations on visitation with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting visitation, the court shall restrain the person seeking visitation from all contact with the child.

             (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child in the offender's presence if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.

             (iii) If the court limits visitation under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.

              (n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection, or if the court expressly finds that the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.

             (3) ((Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings.)) (a) A grandparent of a child may petition the court for visitation with the child at any time after an action has been commenced under this chapter or a final order has been entered. The court may order visitation ((rights for any person when visitation may serve the best interest of the child)) between the petitioner and the child whether or not there has been any change of circumstances if the petitioner has demonstrated by clear, cogent, and convincing evidence that:

             (i) A significant relationship exists with the child with whom visitation is sought;

             (ii) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and

             (iii) Visitation is in the child's best interests.

             If the petition is dismissed, the petitioner shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition.

             (((4))) (b) The court may consider the following factors when making a determination of the child's best interests:

             (i) The strength of the relationship between the child and the petitioner;

             (ii) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;

             (iii) The nature and reason for either parent's objection to granting the petitioner visitation;

             (iv) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

             (v) The residential time-sharing arrangements between the parents;

             (vi) The good faith of the petitioner;

             (vii) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and

             (viii) Any other factor relevant to the child's best interest.

             (c) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is a grandparent of the child. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

             (4) Visitation granted under this section shall be incorporated into the parenting plan for the child.

             (5) The court may modify or terminate an order granting ((or denying)) visitation rights whenever modification or termination would serve the best interests of the child. Modification of a parent's visitation rights shall be subject to the requirements of subsection (2) of this section.

             (((5))) (6) For the purposes of this section, a parent's child means that parent's natural child, adopted child, or stepchild.


             NEW SECTION. Sec. 3. A new section is added to chapter 26.26 RCW to read as follows:

             (1) A grandparent of a child who is the subject of an action brought under this chapter may petition the court for visitation with the child at any time after an action has been commenced under this chapter or a final order has been entered. A grandparent of a child may intervene in a pending action under this chapter to seek visitation with the child.

             (2) The petition for visitation must be filed in the county in which the child resides.

             (3) The court may order visitation between the petitioner or intervenor and the child if the petitioner or intervenor has demonstrated by clear, cogent, and convincing evidence that:

             (a) A significant relationship exists with the child with whom visitation is sought;

             (b) Denial of visitation would result in a substantial likelihood of harm to the child's physical, mental, or emotional well-being; and

             (c) Visitation is in the child's best interests.

             If the petition or motion is dismissed, the petitioner or intervenor shall be ordered to pay reasonable attorneys' fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition or motion.

             (4) The court may consider the following factors when making a determination of the child's best interests:

             (a) The strength of the relationship between the child and the petitioner or intervenor;

             (b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner or intervenor;

             (c) The nature and reason for either parent's objection to granting the petitioner or intervenor visitation;

             (d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

             (e) The residential time-sharing arrangements between the parents;

             (f) The good faith of the petitioner or intervenor;

             (g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner or intervenor; and

             (h) Any other factor relevant to the child's best interest.

             (5) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent, but who is a grandparent of the child. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

             (6) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.

             (7) Visitation granted under this section shall be incorporated into the parenting plan for the child.

             (8) The court may modify or terminate an order granting visitation under this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child."


             On page 1, line 2 of the title, after "custody;" strike the remainder of the title and insert "amending RCW 26.09.240 and 26.10.160; and adding a new section to chapter 26.26 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Engrossed House Bill No. 1773 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1811 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. 1997 c 287 s 1 (uncodified) is amended to read as follows:

             The legislature finds that the rate of unemployment among ((persons)) individuals with developmental disabilities or other significant disabilities is high due to the limited employment opportunities available to ((disabled persons)) them. Given that ((persons)) individuals with developmental disabilities or other significant disabilities are capable of filling employment positions in the general work force population, supported employment is an effective way of integrating such individuals into the general work force population. The creation of supported employment programs can increase the types and availability of employment positions for ((persons)) individuals with developmental disabilities or other significant disabilities.


             Sec. 2. RCW 41.04.750 and 1997 c 287 s 2 are each amended to read as follows:

             Unless the context clearly requires otherwise the definitions in this section apply throughout RCW 41.04.760 through 41.04.780.

             (1) "Developmental disability" means a disability as defined in RCW 71A.10.020.

             (2) "Significant disability" means a disability as defined in 29 U.S.C. Sec. 705.

             (3) "Supported employment" means employment for individuals with developmental disabilities or other significant disabilities who ((may)) require on-the-job training and long-term support in order to fulfill their job duties successfully. Supported employment offers the same wages and benefits as similar nonsupported employment positions.

             (((3))) (4) "State agency" means any office, department, division, bureau, board, commission, community college or institution of higher education, or agency of the state of Washington.


             Sec. 3. RCW 41.04.760 and 1997 c 287 s 3 are each amended to read as follows:

             State agencies are encouraged to participate in supported employment activities. The department of social and health services, in conjunction with the department of personnel and the office of financial management, shall identify agencies that have positions and funding conducive to implementing supported employment. An agency may only participate in supported employment activities pursuant to this section if the agency is able to operate the program within its existing budget. These agencies shall:

             (1) Designate a coordinator who will be responsible for information and resource referral regarding the agency's supported employment program. The coordinator shall serve as a liaison between the agency and the department of personnel regarding supported employment;

             (2) Submit an annual update to the department of social and health services, the department of personnel, and the office of financial management. The annual update shall include: A description of the agency's supported employment efforts, the number of ((persons)) individuals placed in supported employment positions, ((recommendations concerning expanding the supported employment program to include people with mental disabilities or other disabilities,)) and an overall evaluation of the effectiveness of supported employment for the agency.


             Sec. 4. RCW 41.04.770 and 1997 c 287 s 4 are each amended to read as follows:

             The department of social and health services and the department of personnel shall, after consultation with supported employment provider associations and other interested parties, encourage, educate, and assist state agencies in implementing supported employment programs. The department of social and health services shall maintain information regarding the number of supported employment placements by type of disability and report this information to the department of personnel. The department of personnel shall provide human resources technical assistance to agencies implementing supported employment programs. The department of personnel shall make available, upon request of the legislature, an annual report that evaluates the overall progress of supported employment in state government."


             On page 1, line 1 of the title, after "employment;" strike the remainder of the title and insert "amending RCW 41.04.750, 41.04.760, and 41.04.770; and amending 1997 c 287 s 1 (uncodified)."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1811 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1811 as amended by the Senate.


             Representatives Tokuda and D. Sommers spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1811, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             House Bill No. 1811, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1969 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 84.36.041 and 1998 c 311 s 20 are each amended to read as follows:

             (1) All real and personal property used by a nonprofit home for the aging that is reasonably necessary for the purposes of the home is exempt from taxation if the benefit of the exemption inures to the home and:

             (a) At least fifty percent of the occupied dwelling units in the home are occupied by eligible residents; or

             (b) The home is subsidized under a federal department of housing and urban development program. The department of revenue shall provide by rule a definition of homes eligible for exemption under this subsection (1)(b), consistent with the purposes of this section.

             (2) All real and personal property used by a nonprofit home for the aging that is reasonably necessary for the purposes of the home is exempt from taxation if the benefit of the exemption inures to the home and the construction, rehabilitation, acquisition, or refinancing of the home is financed under a program using bonds exempt from federal income tax if at least seventy-five percent of the total amount financed uses the tax exempt bonds and the financing program requires the home to reserve a percentage of all dwelling units so financed for low-income residents. The initial term of the exemption under this subsection shall equal the term of the tax exempt bond used in connection with the financing program, or the term of the requirement to reserve dwelling units for low-income residents, whichever is shorter. If the financing program involves less than the entire home, only those dwelling units included in the financing program are eligible for total exemption. The department of revenue shall provide by rule the requirements for monitoring compliance with the provisions of this subsection and the requirements for exemption including:

             (a) The number or percentage of dwelling units required to be occupied by low-income residents, and a definition of low income;

             (b) The type and character of the dwelling units, whether independent units or otherwise; and

             (c) Any particular requirements for continuing care retirement communities.

             (3) A home for the aging is eligible for a partial exemption on the real property and a total exemption for the home's personal property if the home does not meet the requirements of subsection (1) of this section because fewer than fifty percent of the occupied dwelling units are occupied by eligible residents, as follows:

             (a) A partial exemption shall be allowed for each dwelling unit in a home occupied by a resident requiring assistance with activities of daily living.

             (b) A partial exemption shall be allowed for each dwelling unit in a home occupied by an eligible resident.

             (c) A partial exemption shall be allowed for an area jointly used by a home for the aging and by a nonprofit organization, association, or corporation currently exempt from property taxation under one of the other provisions of this chapter. The shared area must be reasonably necessary for the purposes of the nonprofit organization, association, or corporation exempt from property taxation under one of the other provisions of this chapter, such as kitchen, dining, and laundry areas.

             (d) The amount of exemption shall be calculated by multiplying the assessed value of the property reasonably necessary for the purposes of the home, less the assessed value of any area exempt under (c) of this subsection, by a fraction. The numerator of the fraction is the number of dwelling units occupied by eligible residents and by residents requiring assistance with activities of daily living. The denominator of the fraction is the total number of occupied dwelling units as of December 31st of the first assessment year the home becomes operational for which exemption is claimed and January 1st of ((the)) each subsequent assessment year for which exemption is claimed.

             (4) To be exempt under this section, the property must be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805.

             (5) A home for the aging is exempt from taxation only if the organization operating the home is exempt from income tax under section 501(c) of the federal internal revenue code as existing on January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purposes of this section.

             (6) In order for the home to be eligible for exemption under subsections (1)(a) and (((2))) (3)(b) of this section, each eligible resident of a home for the aging shall submit an income verification form to the county assessor by July 1st of the assessment year ((in which the application for exemption is made)) for which exemption is claimed. However, during the first year a home becomes operational, the county assessor shall accept income verification forms from eligible residents up to December 31st of the assessment year. The income verification form shall be prescribed and furnished by the department of revenue. An eligible resident who has filed a form for a previous year need not file a new form until there is a change in status affecting the person's eligibility.

             (7) In determining the ((assessed)) true and fair value of a home for the aging for purposes of the partial exemption provided by subsection (3) of this section, the assessor shall apply the computation method provided by RCW 84.34.060 and shall consider only the use to which such property is applied during the years for which such partial exemptions are available and shall not consider potential uses of such property.

             (8) As used in this section:

             (a) "Eligible resident" means a person who:

             (i) Occupied the dwelling unit as a principal place of residence as of ((January 1st)) December 31st of the first assessment year the home becomes operational. In each subsequent year, the eligible resident must occupy the dwelling unit as a principal place of residence as of January 1st of the assessment year for which the exemption is claimed. Confinement of the person to a hospital or nursing home does not disqualify the claim of exemption if the dwelling unit is temporarily unoccupied or if the dwelling unit is occupied by a spouse, a person financially dependent on the claimant for support, or both; and

             (ii) Is sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or is, at the time of filing, retired from regular gainful employment by reason of physical disability. Any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this subsection; and

             (iii) Has a combined disposable income of no more than the greater of twenty-two thousand dollars or eighty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the person resides. For the purposes of determining eligibility under this section, a "cotenant" means a person who resides with an eligible resident and who shares personal financial resources with the eligible resident.

             (b) "Combined disposable income" means the disposable income of the person submitting the income verification form, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the dwelling unit for the preceding calendar year, less amounts paid by the person submitting the income verification form or his or her spouse or cotenant during the previous year for the treatment or care of either person received in the dwelling unit or in a nursing home. If the person submitting the income verification form was retired for two months or more of the preceding year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person submitting the income verification form is reduced for two or more months of the preceding year by reason of the death of the person's spouse, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after the death of the spouse by twelve.

             (c) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:

             (i) Capital gains, other than ((nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or)) gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;

             (ii) Amounts deducted for loss;

             (iii) Amounts deducted for depreciation;

             (iv) Pension and annuity receipts;

             (v) Military pay and benefits other than attendant-care and medical-aid payments;

             (vi) Veterans benefits other than attendant-care and medical-aid payments;

             (vii) Federal social security act and railroad retirement benefits;

             (viii) Dividend receipts; and

             (ix) Interest received on state and municipal bonds.

             (d) "Resident requiring assistance with activities of daily living" means a person who requires significant assistance with the activities of daily living and who would be at risk of nursing home placement without this assistance.

             (e) "Home for the aging" means a residential housing facility that (i) provides a housing arrangement chosen voluntarily by the resident, the resident's guardian or conservator, or another responsible person; (ii) has only residents who are at least sixty-one years of age or who have needs for care generally compatible with persons who are at least sixty-one years of age; and (iii) provides varying levels of care and supervision, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal.

             (9) A for-profit home for the aging that converts to nonprofit status after June 11, 1992, and would otherwise be eligible for tax exemption under this section may not receive the tax exemption until five years have elapsed since the conversion. The exemption shall then be ratably granted over the next five years.


             NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


             On page 1, line 2 of the title, after "aging;" strike the remainder of the title and insert "amending RCW 84.36.041; and declaring an emergency."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1969 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1969 as amended by the Senate.


             Representatives McIntire and Thomas spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1969, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Substitute House Bill No. 1969, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 13, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1992 with the following amendment(s):


             On page 2, line 3, after "committee" insert "and the senate committee on health and long-term care"


             On page 2, line 16, after "health" strike "may" and insert "shall"

             On page 2, line 19, after "anaphylaxis." strike "If" and insert "When"


             On page 2, line 25, after the word "allergists." insert "The technical advisory committee shall assist the department of health in assessing the pilot project and reporting to the appropriate committees of the legislature by December 12, 1999."


             On page 2, after line 25, insert the following:


             "NEW SECTION. Sec. 4. A new section is added to chapter 18.73 RCW to read as follows:

             (1) All of the state's ambulance and aid services shall make epinephrine available to their emergency medical technicians in their emergency care supplies. The emergency medical technician may administer epinephrine to a patient of any age upon the presentation of evidence of a prescription for epinephrine or to a patient under eighteen years of age:

             (a) upon the request of the patient or his or her parent or guardian, or

             (b) upon the request of a person who presents written authorization from the patient or his or her parent or guardian making such a request.

             (2) Any emergency medical technician, emergency medical service, or medical program director acting in good faith and in compliance with the provisions of this section shall not be liable for any civil damages arising out of the furnishing or administration of epinephrine.

             (3) Nothing in this section authorizes the administration of epinephrine by a first responder.

             (4) This section shall take effect January 1, 2000, and shall expire December 31, 2001."


             On page 2, after line 29, insert the following:


             "NEW SECTION. Sec. 5. This act may be known and cited as the Kristine Kastner Act."


             On page 1, line 1 of the title, after "epinephrine;" strike the remainder of the title and insert "adding a new section to chapter 18.73 RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency."


             Renumber the sections consecutively and correct any internal references accordingly.


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1992 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1992 as amended by the Senate.


             Representatives Ballasiotes and Schual-Berke spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1992, as amended by the Senate and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Voting nay: Representative Cooper - 1.

             Excused: Representatives Mulliken and Quall - 2.


             Substitute House Bill No. 1992, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 12, 1999

Mr. Speaker:


             The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2085 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that disruptive students can significantly impede effective teaching and learning in the classroom. Training in effective strategies for handling disruptive students will help principals, teachers, and other staff gain additional skills to provide a classroom environment that is conducive to teaching and learning. Schools and school districts should be encouraged to provide staff with the training necessary to respond to disruptions effectively.


             NEW SECTION. Sec. 2. A new section is added to chapter 28A.415 RCW to read as follows:

             (1) To the extent funds are appropriated, the superintendent of public instruction shall conduct professional development institutes to provide opportunities for teachers, principals, and other school staff to learn effective research-based strategies for handling disruptive students. The institutes shall be conducted during the summer of 2000. The training institutes shall emphasize methods for handling disruptions in regular classrooms and how to design and implement alternative learning settings and programs that have been proven to be effective in providing for the educational needs of students who exhibit frequent and prolonged disruptive behavior when placed in a regular classroom setting.

             (2) The superintendent may enter into contracts with public or private entities that provide training in effective research-based methods for dealing with disruptive students. In developing the institutes, the superintendent shall work with school staff who have had experience working effectively with disruptive students. The institutes shall be open to teams of teachers, principals, and other school staff from each school district choosing to participate. However, as a condition of participating in the institutes, school district teams shall be required to develop during or immediately following the institute a district plan for carrying out the purposes of this section. Elementary schools and junior high and middle schools in districts that send teams to participate in institutes conducted under this section are encouraged to formulate school building-level plans for addressing the educational needs of disruptive students and the needs of students and teachers in the regular classrooms for an orderly and disciplined environment that is optimally conducive to learning. Individual participants in the institutes shall agree to provide assistance as needed to other school staff in their school building or school district, consistent with their other normal duties.

             (3) Beginning with the 1999-2000 school year, elementary and junior high schools are encouraged to provide staff from both the regular education and special education programs opportunities to work together to share successful practices for managing disruptive students."


             On page 1, line 2 of the title, after "classrooms;" strike the remainder of the title and insert "adding a new section to chapter 28A.415 RCW; and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed Second Substitute House Bill No. 2085 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2085 as amended by the Senate.


             Representatives Haigh and Talcott spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2085, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Engrossed Second Substitute House Bill No. 2085, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 16, 1999

Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 2259 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.20.161 and 1999 c 6 s 22 are each amended to read as follows:

             The department, upon receipt of a fee of ((fourteen)) twenty dollars, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.


             Sec. 2. RCW 46.20.181 and 1999 c 6 s 23 are each amended to read as follows:

             (1) Every driver's license expires on the fourth anniversary of the licensee's birthdate following the issuance of the license.

             (2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((fourteen)) twenty dollars. This fee includes the fee for the required photograph.

             (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:

             (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or

             (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.


             Sec. 3. RCW 46.20.470 and 1989 c 178 s 21 are each amended to read as follows:

             There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license. The additional fee for each class shall not exceed ((twelve)) sixteen dollars for the original commercial driver's license or subsequent renewals. The fee shall be deposited in the highway safety fund.


             Sec. 4. RCW 46.20.505 and 1993 c 115 s 1 are each amended to read as follows:

             Every person applying for a special endorsement or a new category of endorsement of a driver's license authorizing such person to drive a motorcycle or a motor-driven cycle shall pay an examination fee of two dollars which is not refundable. In addition, the endorsement fee for the initial or new category motorcycle endorsement shall be ((six)) eight dollars, and the subsequent renewal endorsement fee shall be ((fourteen)) twenty dollars. The initial or new category and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund."


             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "and amending RCW 46.20.161, 46.20.181, 46.20.470, and 46.20.505."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to House Bill No. 2259 and asked the Senate to recede therefrom.


MESSAGE FROM THE SENATE

April 16, 1999

Mr. Speaker:


             The Senate refuses to concur in the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 5175 and asks the House to recede therefrom, and the same is herewith transmitted.


Tony M. Cook, Secretary


             There being no objection, the rules were suspended and Engrossed Substitute Senate Bill No. 5175 was returned to second reading for purposes of amendment.


SECOND READING


             Representative Talcott moved the adoption of amendment (240):


             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. A new section is added to chapter 43.19 RCW, to be codified between RCW 43.19.190 and 43.19.1937, to read as follows:

             (1) In addition to disposing of property under RCW 28A.335.180, 39.33.010, 43.19.1919, and 43.19.1920, state-owned, surplus computers and computer-related equipment may be donated to any school district or educational service district under the guidelines and distribution standards established pursuant to subsection (2) of this section.

             (2) By September 1, 1999, the department and office of the superintendent of public instruction shall jointly develop guidelines and distribution standards for the donation of state-owned, surplus computers and computer-related equipment to school districts and educational service districts. The guidelines and distribution standards shall include considerations for quality, school-district needs, and accountability, and shall give priority to meeting the computer-related needs of children with disabilities, including those disabilities necessitating the portability of laptop computers.


             NEW SECTION. Sec. 2. A new section is added to chapter 44.04 RCW to read as follows:

             The chief clerk of the house of representatives may authorize surplus computers and computer-related equipment owned by the house, the secretary of the senate may authorize surplus computers and computer-related equipment owned by the senate, and the directors of legislative agencies may authorize surplus computers and computer-related equipment owned by his or her respective agency, to be donated to school districts and educational service districts. This section shall not be construed to limit the discretion of the legislature regarding disposal of its surplus property."

             Correct the title.


             Representatives Talcott and Keiser spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Talcott and Kenney spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5175 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5175, as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Mulliken and Quall - 2.


             Engrossed Substitute Senate Bill No. 5175 as amended by the House, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 19, 1999

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1125 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2001.

             (2) Legislation with fiscal impacts enacted in the 1997 or 1998 legislative session not assumed in this act are not funded in the 1997-99 transportation budget.

             (3) Legislation with fiscal impacts enacted in the 1999 legislative session not assumed in this act are not funded in the 1999-01 transportation budget.

             (4) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.

             (a) "Fiscal year 2000" or "FY 2000" means the fiscal year ending June 30, 2000.

             (b) "Fiscal year 2001" or "FY 2001" means the fiscal year ending June 30, 2001.

             (c) "FTE" means full-time equivalent.

             (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

             (e) "Provided solely" means the specified amount may be spent only for the specified purpose.

             (f) "Performance-based budgeting" means a budget that bases resource needs on quantified outcomes and results expected from use of the total appropriation. "Performance-based budgeting" does not mean incremental budgeting that focuses on justifying changes from the historic budget or to line-item input-driven budgets.

             (g) "Goals" means the statements of purpose that identify a desired result or outcome. The statements shall be realistic, achievable, directive, assignable, evaluative, and logically linked to the agency's mission and statutory mandate.

             (h) "Strategic plan" means the strategies agencies create for investment choices in the future. All agency strategic plans shall present alternative investment strategies for providing services.

             (i) "Enacted in the form passed by the legislature" means the referenced bill, as identified by a four-digit number, was:

             (i) Passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto; or

             (ii) Attached in full onto another bill as an amendment and the entire bill, including the amendment, was passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto.


             NEW SECTION. Sec. 2. The legislature recognizes that the 1999 endangered species act listing or proposed listing of salmonid species throughout the state of Washington may require increased operational and capital expenditures for transportation. As the state's fiscal obligations pursuant to the listing or proposed listing become clearer over time, it may be necessary to revisit funding decisions reflected in this act in order to shift resources to meet those obligations. The department of transportation, the transportation improvement board, and the county road administration board shall report to the legislature on December 1, 1999, on capital project delay impacts due to the endangered species act listing or proposed listing.


PART I

GENERAL GOVERNMENT AGENCIES--OPERATING


             NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             327,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The entire appropriation is provided solely for costs associated with the motor fuel quality program.


             NEW SECTION. Sec. 102. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             900,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $103,000 of the appropriation is provided solely for the local government finance reporting system project. This amount shall lapse unless $207,000 is appropriated for this project from the state general fund; and

             (2) $202,000 of the appropriation is provided solely for the transportation infrastructure needs data base project. This amount shall lapse unless $200,000 is appropriated for this project from the state general fund and $200,000 is appropriated for this project from the public works trust fund.

             (3) $325,000 of the appropriation is provided solely for contracting with the office of the state auditor for the collection of local government fiscal data associated with the local government finance reporting system. In implementing the reporting system, the legislative evaluation and accountability program shall work with the local government finance study technical advisory committee. The committee shall include, but not be limited to, one member from the senate and one member from the house of representatives. An alternate legislator shall also be picked for each designated legislator to serve in the event that the designated legislator is unable to fulfill his or her duties on the committee. This amount shall lapse unless the legislature appropriates $325,000 for the same purpose by June 30, 1999, in the omnibus appropriations act.


             NEW SECTION. Sec. 103. FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Grade Crossing Protective Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             222,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The utilities and transportation commission shall develop a competitive rail grade crossing safety grant program which will fully fund selected safety projects to the extent allowable under chapter 81.53 RCW.

             (2) Beginning on the effective date of this act through May 1, 2000, the utilities and transportation commission may not grant any new certificates under chapter 81.88 RCW in any areas where a public transportation system has been formed.


             NEW SECTION. Sec. 104. FOR THE STATE PARKS AND RECREATION COMMISSION

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             931,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: A report of actual expenditures and descriptions of the expenditures from the motor vehicle fund will be submitted to the legislature with the governor's 2001-2003 biennial budget request.


             NEW SECTION. Sec. 105. FOR THE GOVERNOR--FOR TRANSFER TO THE TORT CLAIMS REVOLVING FUND

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             500,000

Marine Operating Account--State Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             500,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,000,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The amount of the transfers from the transportation account and the marine operating account are to be transferred into the tort claims revolving fund only as claims have been settled or adjudicated to final conclusion and are ready for payout. The appropriations contained in this section are to retire tort obligations that occurred before July 1, 1990.

             (2) If House Bill No. 2111 or Senate Bill No. 5904 is enacted in the form passed by the legislature by June 30, 1999, the funding provided in this section shall lapse.


GENERAL GOVERNMENT AGENCIES--CAPITAL


             NEW SECTION. Sec. 106. FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          4,990,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $900,000 is a reappropriation provided to complete the Cama Beach project and the Damon point project funded in section 110, chapter 457, Laws of 1997. The projects shall be completed by June 30, 2001. Upon completion of these projects any surplus funding may be used for the projects listed in subsection (2) of this section.

             (2) $4,090,000 is a one-time appropriation provided solely for the following projects, apportioned as follows:

             (a) St. Edwards State Park, $1,500,000;

             (b) Ike Kinswa State Park, $300,000;

             (c) Mt. Spokane State Park, $1,500,000;

             (d) Beacon Rock State Park, $300,000;

             (e) Cama Beach State Park, $90,000; and

             (f) Lake Sammamish State Park, $400,000.

             These projects shall be completed by June 30, 2001. Progress reports shall be submitted to the senate transportation committee and the house of representatives transportation committee in January 2000 and January 2001.

             (3) The agency shall prepare and present a project status report to the senate transportation committee and the house of representatives transportation committee by December 31, 2000.


PART II

TRANSPORTATION AGENCIES


             NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             627,000

Highway Safety Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          9,038,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             950,000

School Zone Safety Account--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,004,000

                          TOTAL APPROPRIATION      . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        11,619,000


             NEW SECTION. Sec. 202. FOR THE BOARD OF PILOTAGE COMMISSIONERS

Pilotage Account--State Appropriation. .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             290,000


             NEW SECTION. Sec. 203. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        72,510,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          6,546,000

Motor Vehicle Account--Private/Local Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             376,000

County Arterial Preservation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        28,612,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      108,044,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $5,000,000 of the motor vehicle account--state appropriation is provided solely for projects for freight and goods systems on county roads.


             NEW SECTION. Sec. 204. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account--State Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      104,508,000

Transportation Improvement Account-- State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $        99,414,000

Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $        33,496,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      237,418,000


             NEW SECTION. Sec. 205. FOR THE SENATE

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,378,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The appropriation in this section is provided solely to fund the activities of the senate transportation committee.

             (2) The senate transportation committee shall work during the 1999 interim with members of the senate ways and means committee to assess funding options for aviation.

             (3) The senate transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.

             (4) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:

             (a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;

             (b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;

             (c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and

             (d) Evaluate governance issues associated with road jurisdiction.

             (5) $400,000 of the appropriation is provided solely for program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the senate transportation committee.


             NEW SECTION. Sec. 206. FOR THE HOUSE OF REPRESENTATIVES

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,378,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The appropriation in this section is provided solely to fund the activities of the house of representatives transportation committee.

             (2) The house of representatives transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.


             NEW SECTION. Sec. 207. FOR THE BLUE RIBBON COMMISSION ON TRANSPORTATION

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,000,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The $1,000,000 motor vehicle account--state appropriation is provided solely for the purpose of enabling the blue ribbon commission on transportation to fulfill its mission. The funds are to be administered by the senate transportation committee and the house of representatives transportation committee on behalf of the blue ribbon commission on transportation.


             NEW SECTION. Sec. 208. FOR THE MARINE EMPLOYEES COMMISSION

Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             475,000


             NEW SECTION. Sec. 209. FOR THE TRANSPORTATION COMMISSION

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             807,000


             NEW SECTION. Sec. 210. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             600,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: When approving projects, the freight mobility strategic investment board shall:

             (1) Emphasize funding projects according to their order on the prioritization list developed by the board;

             (2) Not allow the program's share of total project cost to exceed sixty-five percent unless the board grants a special exception;

             (3) Set a $50,000,000 cap on the amount it will authorize for any one project; and

             (4) Give a project a higher priority designation if project partners increase their funding and the board deems the reprioritization is appropriate.


             NEW SECTION. Sec. 211. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU

State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      153,054,000

State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          5,703,000

State Patrol Highway Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             169,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      158,926,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The following amounts are provided solely for administration of the field operations group subprogram: $117,395,000 of the state patrol highway account--state appropriation; $2,429,000 of the state patrol highway account--federal appropriation; and $81,000 of the state patrol highway account--private/local appropriation.

             (2) The following amounts are provided solely for the administration of the commercial vehicle division subprogram: $26,603,000 of the state patrol highway account--state appropriation; $3,274,000 of the state patrol highway account--federal appropriation; and $88,000 of the state patrol highway account--private/local appropriation.

             (3) $8,263,000 of the state patrol highway account--state appropriation is provided solely for the administration of the traffic investigation division subprogram.

             (4) $793,000 of the state patrol highway account--state appropriation is provided to the field operations group subprogram to implement Senate Bill No. 5706 or House Bill No. 1789 enacted in the form passed by the legislature. If neither Senate Bill No. 5706 nor House Bill No. 1789 is enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

             (5) $1,400,000 of the state patrol highway account--state appropriation is provided solely to the field operations group subprogram as a one-time appropriation to begin funding phase III of the Washington state patrol's upgrade to the state-wide emergency communication system. The Washington state patrol shall provide a full analysis of the costs, benefits, and requirements for completing all phases of the upgrade to the state-wide emergency communication system to the senate transportation committee and the house of representatives transportation committee by December 1, 1999.


             NEW SECTION. Sec. 212. FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU

State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        67,981,000

State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             104,000

State Patrol Highway Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             743,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        68,828,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $877,000 of the state patrol highway account--state appropriation is provided solely to maintain pursuit vehicles and provide for replacement of the vehicles at 110,000 miles. The agency may purchase a total of 354 pursuit vehicles during the biennium ending June 30, 2001. The appropriation in this section reflects carry forward and new funding due to the consolidation of gasoline, maintenance, parts, and pursuit vehicles into the fleet section of the support services bureau.


             NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES

Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             118,000

Wildlife Account--State Appropriation. .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               50,000

Highway Safety Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          6,021,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          4,595,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             613,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        11,397,000


             NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS

Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             102,000

Wildlife Account--State Appropriation. .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               46,000

Highway Safety Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          5,197,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,641,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             513,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          9,499,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $745,000 of the highway safety fund--state appropriation is a reappropriation of funds originally appropriated for the document scanner project in the 1997-99 biennium.


             NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES

Marine Fuel Tax Refund Account--State Appropriation$                                                                                26,000

Wildlife Account--State Appropriation. .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             556,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        56,212,000

DOL Services Account--State Appropriation. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,907,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        59,701,000

             

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $81,138 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5000 enacted in the form passed by the legislature. If Senate Bill No. 5000 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

             (2) $272,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5280 enacted in the form passed by the legislature. If Senate Bill No. 5280 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

             (3) $82,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5641 enacted in the form passed by the legislature. If Senate Bill No. 5641 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

             (4) $300,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 6009 enacted in the form passed by the legislature. If Senate Bill No. 6009 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.


             NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,960,000

Highway Safety Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        77,765,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        79,725,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $2,880,000 of the highway safety account--state appropriation is provided solely for the department to enter into a contract for the implementation of an improved state driver's license and identicard. The contract with the vendor providing the improved license and identicard shall state that the license and the identicard shall not contain: (a) The driver's social security number in either visible or machine readable form; or (b) the driver's fingerprint or thumbprint. Consistent with RCW 42.17.260(9) the department shall not sell or otherwise make available any information that it gathers from citizens of the state of Washington in administering the driver's licensing program except as already authorized by RCW 46.20.118.

             (2) $5,140,000 of the highway safety account--state appropriation shall lapse if neither Senate Bill No. 6068 nor House Bill No. 2259 is enacted in the form passed by the legislature by June 30, 1999.

             (3) In September of 1999 the department of licensing shall report to the senate transportation committee and the house of representatives transportation committee on:

             (a) The controls implemented by the department to ensure the integrity and credibility of the written driver's license test administered by the department; and

             (b) The policies and procedures implemented by the department to ensure that the driver's manuals produced and distributed by the department contain correct data based on current federal, state, and local statutes, ordinances, and rules.

             (4) $610,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1147 enacted in the form passed by the legislature. If House Bill No. 1147 is not enacted in the form passed by the legislature by June 30, 1999, the amount provided in this subsection shall lapse.

             (5) $15,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 6068 enacted in the form passed by the legislature. If Senate Bill No. 6068 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.

             (6) $17,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1774 enacted in the form passed by the legislature. If House Bill No. 1774 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.

             (7) $77,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 2259 or Senate Bill No. 5373 enacted in the form passed by the legislature. If neither House Bill No. 2259 nor Senate Bill No. 5373 is enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

             (8) $3,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1212 enacted in the form passed by the legislature. If House Bill No. 1212 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

             (9) $28,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 5260 enacted in the form passed by the legislature. If Senate Bill No. 5260 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.

             (10) $34,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 5374 enacted in the form passed by the legislature. If Senate Bill No. 5374 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.

             (11) If Senate Bill No. 6009 is enacted in the form passed by the legislature $335,000 of the highway safety fund--state appropriation shall lapse.


             NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          5,140,000

 

             The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section shall lapse if Senate Bill No. 6068 or House Bill No. 2259 is enacted in the form passed by the legislature by June 30, 1999.


             NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        44,508,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                              400,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        44,908,000


             NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F

Aeronautics Account--State Appropriation. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          4,010,000

Aircraft Search and Rescue Safety and Education Account--State Appropriation. . . . . . . . . . . . . $             159,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             247,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          4,416,000


             NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      635,563,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                       234,939,000

Motor Vehicle Account--Private/Local Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        43,344,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             110,000

Special Category C Account--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        55,220,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      182,284,000

Transportation Account--Federal Appropriation.. . . . . .$                                                                         56,808,000

Puyallup Tribal Settlement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $          8,662,000

Transportation Infrastructure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,750,000

Transportation Infrastructure Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .$          1,750,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$   1,220,430,000

 

             The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The special category C account--state appropriation of $55,220,000 includes $40,500,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5060 or House Bill No. 1203 enacted in the form passed by the legislature. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (2) The motor vehicle account--state appropriation includes $1,285,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (3) The department shall report December 1st and June 1st of each year to the senate transportation committee and the house of representatives transportation committee and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.

             (4) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.

             (5) The north Sumner interchange project shall be funded entirely from the motor vehicle account appropriation. The project shall no longer receive a portion of its funding from the economic development account.

             (6) $34,920,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.

             (7) The motor vehicle account--state appropriation includes $466,432,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (8) $500,000 of the motor vehicle account--state appropriation is provided solely for analysis of congestion solutions at the interchange between Mercer street and Interstate 5 in Seattle. The department's authority to expend the amount referenced in this subsection is contingent on the city of Seattle appropriating $500,000 or more toward the project.

             (9) $50,000,000 of the motor vehicle account--state appropriation is provided as a cash contribution for the development of the public private initiatives project at Tacoma Narrows. State funds shall be used initially for the acquisition of right of way and the forensic studies of the existing bridge including purchase of equipment necessary to conduct the studies. The balance of state funds not required for acquisition of right of way and forensic studies shall be placed with the designated bond trustee at the same time the privately secured debt proceeds are deposited.


             NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,362,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        10,162,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        11,524,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The motor vehicle fund--state appropriation includes $9,841,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of the Tacoma narrows bridge improvements under the public-private transportation initiative program authorized under chapter 47.46 RCW; and for support costs of the public-private transportation initiatives program.


             NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      251,827,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                              486,000

Motor Vehicle Account--Private/Local Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,417,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      255,730,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

             (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.


             NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      318,691,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                       284,587,000

Motor Vehicle Account--Private/Local Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,117,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             121,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      605,516,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The motor vehicle fund--state appropriation includes $6,650,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (2) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.


             NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q

State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             221,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        37,085,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                           1,662,000

Motor Vehicle Account--Private/Local Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             122,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        39,090,000

 

             The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:

             (1) The motor vehicle account--state appropriation includes $4,324,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than commercial vehicle information system and network (CVISN). These moneys shall be placed into reserve status until such time as federal funds are secured and a state match is required. If matching federal funds are not obtained by September 30, 2000, the amount provided in this subsection shall lapse.

             (2) The motor vehicle account--state appropriation includes $600,000 for a two-year pilot program for contracted roving service patrols. The department shall provide a progress report on this pilot program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee on December 1, 2000. The pilot program will be evaluated with future direction and funding to be determined by the documented results and benefits of the pilot program.


             NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Puget Sound Capital Construction Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$          4,464,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        98,450,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                              125,000

Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          6,308,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,517,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      110,864,000

 

             The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity: $586,000 of the motor vehicle account--state appropriation is provided solely to enable the secretary of transportation to implement a leadership training program at the department of transportation. The program shall include a mentoring component. The department shall develop performance measures to evaluate the effectiveness of the program, including but not limited to a performance measure to determine the effect of the program on employee retention. The department shall provide a progress report on the training program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee by December 1, 2000.


             NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        12,609,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                         17,000,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,371,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        30,980,000


             NEW SECTION. Sec. 227. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U

             (1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,595,000

Puget Sound Ferry Operations--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,155,000

             (2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             907,000

             (3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,743,000

             (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,240,000

             (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        12,039,000

             (6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund--Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . .$          3,462,000

             (7) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             315,000

             (8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               90,000

             (9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,100,000

             (10) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             392,000


             NEW SECTION. Sec. 228. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          6,601,000

Air Pollution Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          5,253,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          7,437,000

Transportation Account--Federal Appropriation.. . . . . .$                                                                           2,445,000

Transportation Account--Private/Local Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             105,000

Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $          2,800,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        24,641,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) Up to $1,000,000 of the transportation account--state appropriation is provided solely for grants and activities relating to coordinating special needs transportation among state and local providers. When selecting grant recipients, the agency council on coordinated transportation shall give priority to projects and programs that can be accomplished in the 1999-2001 biennium.

             (2) $50,000 of the public transportation systems account--state appropriation is provided solely to continue and enhance an existing pilot project between a public transit provider and a school district expanding public transit service to high school students in order to reduce the use of single occupancy vehicles.

             (3) The department shall assess its commute trip reduction program. The assessment shall include an evaluation of tax credits or other incentives to employers who reduce commute trips to their work sites by encouraging employees to telecommute. Up to $50,000 of the air pollution control account--state appropriation is provided for a pilot project implementing telecommuting as part of the commute trip reduction program. The pilot project may include use of tax credits or other financial incentives.

             (4) In evaluating applications for rural mobility grants to public transportation agencies, the department shall give added weight to projects that improve connectivity among transit providers and across jurisdictional boundaries.


             NEW SECTION. Sec. 229. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W

Puget Sound Capital Construction Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$      140,135,000

Puget Sound Capital Construction Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$        29,575,000

Passenger Ferry Account--State Appropriation. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             789,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      116,221,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      286,720,000

 

             The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The appropriations in this section, unless otherwise specified, are provided to carry out only the projects in the Washington state ferries capital program plan - version 3. The department shall reconcile the 1997-99 capital expenditures within ninety days of the end of the biennium and submit a final report to the senate transportation committee, the house of representatives transportation committee, and the office of financial management.

             (2) The Puget Sound capital construction account--state appropriation includes $27,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

             (3) $1,500,000 of the motor vehicle account--state appropriation is provided solely for preliminary engineering activities to develop a new class of auto/passenger ferries. The design specifications for the vessels shall require that the vessels deliver optimal performance in terms of vessel speed, safety, reliability, and minimization of environmental impacts including damage on the shoreline from the wake of the vessels. The vessels are intended to ensure Washington state ferries compliance with applicable international and domestic vessel safety standards and the Americans with disabilities act on identified routes. This class of ferries should have a single adaptable design able to operate efficiently and effectively on different ferry routes, each of which has specific vessel capacity and handling requirements.

             (a) Washington state ferries shall prepare:

             (i) A conceptual design outlining the owner's functional requirements;

             (ii) A design report that includes a budget estimate and outline of specifications and plans;

             (iii) Specific contractual requirements and specifications;

             (iv) An evaluation of using the request for proposals process in accordance with RCW 47.56.030;

             (v) A request for interest to provide a propulsion system for this vessel class; and

             (vi) An exploration of a public private partnership between Washington state ferries, shipbuilders, and their supporting engineering firms for design and construction of the vessel or vessels.

             (b) Washington state ferries shall report to the legislature by December 1, 1999, on the conceptual design criteria and budget estimates for preferred hull design and propulsion system/engine alternatives. The report shall include recommended statutory changes that the legislature would need to enact in order to proceed with acquisition of this class of vessels.

             (4) The motor vehicle account--state appropriation includes $96,721,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.


             NEW SECTION. Sec. 230. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Account--State Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      303,158,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The appropriation is based on the budgeted expenditure of $29,104,000 for vessel operating fuel in the 1999-2001 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

             (2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1999-2001 biennium may not exceed $205,759,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $341.75 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1999-2001 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

             The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1999, and thereafter, as established in the 1999-2001 general fund operating budget.

             (3) Up to $2,770,000 of the marine operating account--state appropriation may be used for leasing and operating an appropriate passenger only ferry vessel for the purpose of supporting existing, or testing new, passenger only service while testing alternative vessel technologies.


             NEW SECTION. Sec. 231. FOR THE DEPARTMENT OF TRANSPORTATION-- RAIL--PROGRAM Y

Essential Rail Assistance Account--State Appropriation$                                                                                85,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          9,094,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      110,715,000

Transportation Account--Federal Appropriation.. . . . . .$                                                                           5,000,000

Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $          5,000,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      129,894,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) No appropriation in this section may be used to fund rail passenger service south of Portland, Oregon.

             (2) $5,000,000 of the transportation account--state appropriation and $2,000,000 of the high capacity transportation account--state appropriation are provided solely for the freight rail assistance program to provide grants and loans for light density rail lines.

             (3) $4,000,000 of the transportation account--state appropriation is provided solely for acquisition of an additional advanced technology train set for delivery in the 2001-2003 biennium. The purchase of the train set is predicated on the condition that the manufacturer of the train set has the obligation of establishing or maintaining a corporate office in Washington state. The manufacturer is also obligated to spend a minimum of twenty-five percent of the total purchase price of the train set on the assembly and manufacture of parts of the train set in Washington state.

             (4) $6,298,000 of the high capacity transportation account--state appropriation is provided to fund the operation of a second train set providing additional roundtrip service from Seattle to Vancouver, British Columbia. The department's authority to expend the appropriation referenced in this subsection for service north of Blaine is conditioned upon Canada, the province of British Columbia, and/or private sources undertaking the capital expenditures necessary to make the rail capital improvements required to facilitate improved round trip rail service between Seattle and Vancouver, B.C.

             (5) $15,000,000 of the transportation account--state appropriation is provided solely for the King street maintenance facility to be built in partnership with Amtrak. The amount referenced in this subsection is conditioned on the execution of agreements between the department of transportation, Amtrak, sound transit, and other participating parties which will assure that the maintenance and operation of the maintenance facility will not require state funding, except for billings for maintenance of state owned passenger trains.

             (6) To the greatest extent practicable, expenditure of funds shall maximize funds from partnerships and coordinate with other agencies investing in track improvements.


             NEW SECTION. Sec. 232. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      134,886,000

Motor Vehicle Account--Federal Appropriation.. . . . . .$                                                                           8,040,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        10,817,000

Transportation Infrastructure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,250,000

Transportation Infrastructure Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .$          1,750,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             150,000

Highway Infrastructure Account--Federal Appropriation$                                                                           1,500,000

Highway Infrastructure Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             234,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      160,627,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $300,000 of the transportation account--state appropriation is provided solely to establish alternatives for flood management and flood hazard reduction projects in the Chehalis basin.

             (a) The department of transportation shall convene a technical committee to develop watershed-based solutions to flooding within the Chehalis basin. The technical committee shall be comprised of representatives of the department of transportation, department of ecology, department of fish and wildlife, the department of community, trade, and economic development, the military department's emergency management division, and affected counties and tribes. The department of transportation shall also seek the participation of the United States army corps of engineers, federal emergency management administration, the United States geological survey, the United States fish and wildlife service, the United States environmental protection agency, and other entities with critical knowledge related to the structural or nonstructural flood hazard reduction projects in the Chehalis basin. Funds shall be distributed by the department of transportation for alternative analysis, mapping, and model testing projects as recommended by the technical committee. The solutions considered by the technical committee shall be consistent with fish and habitat recovery efforts and avoid additional flood hazard to downstream communities. The department of transportation shall present a report to the senate transportation committee and the house of representatives transportation committee by December 1, 1999, regarding findings and progress made by funded projects.

             (b) If the federal government makes funds available to accomplish the project described in (a) of this subsection, the department of transportation shall place the appropriation identified in this section in reserve.

             (2) $85,121,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.

             (3) $400,000 of the transportation account--state appropriation is provided solely for a study by the senate transportation committee and the house or representatives transportation committee in cooperation with the port of Benton developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.

             (4) The motor vehicle account--state appropriation includes $120,121,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (5) $10,000,000 of the transportation account--state appropriation is provided solely to fund a cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section without first reaching an agreement with affected stakeholders on where the dredge spoils will be deposited. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.

             (6) The motor vehicle account--state appropriation includes $1,167,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (7) $5,000,000 of the motor vehicle account--state appropriation is provided solely for a small city pavement preservation program, to be administered by the department's TransAid division. The department, in consultation with stakeholders, shall establish program guidelines. The guidelines should include but not be limited to a provision limiting program eligibility to cities with a population of 2,500.

             (8) $30,000,000 of the motor vehicle account--state appropriation is provided solely for a corridor congestion relief program, to be administered by the department's TransAid division. The purpose of the program is to provide funding for congested urban corridors, as defined and selected by the department of transportation in consultation with cities, counties, regional transportation planning organizations, and the transportation improvement board. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systemic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.

             (9) $5,000,000 of the motor vehicle account--state appropriation is provided solely for improving traffic and pedestrian safety near schools. The TransAid division within the department of transportation shall administer this program. Funds should be used for traffic and pedestrian improvements near schools, including roadway channelization and signalization.

             (10) The TransAid division within the department of transportation shall develop a prequalification procedure for potential bidders on projects administered or approved by the transportation improvement board. The board shall work with other interested parties including but not limited to associations representing general contractors and the office of minority and women's business enterprises. The prequalification procedure's goal is to ascertain that bidders are qualified by experience, financing, equipment, and organization to do the work called for in the contract documents. The prequalification procedure may require a bidder to (1) satisfy threshold requirements established by the board prior to being furnished a proposal form on any contract; or (2) complete a preaward survey of the bidder's qualification prior to award.

             (11) Up to $100,000 of the motor vehicle account--state appropriation is provided solely for audits of city and county transportation funding to determine whether any city or county has supplanted its local transportation funding with state funding provided under sections 408 and 409 of this act. The department shall report the results of this audit to the senate transportation committee, the house of representatives transportation committee, and the office of financial management by December 31, 2000.


PART III

TRANSPORTATION AGENCIES CAPITAL FACILITIES


             NEW SECTION. Sec. 301. FOR THE WASHINGTON STATE PATROL

Appropriation:

             State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $          2,328,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $508,000 of the state patrol highway account--state appropriation funds minor works which include communication tower maintenance, Spokane district headquarters HVAC, Morton HVAC replacement, emergency repairs, and Anacortes scale repairs.

             (2) $500,000 of the state patrol highway account--state appropriation is provided for the Naselle detachment office.

             (3) $615,000 of the state patrol highway account--state appropriation is provided for repaving the academy drive course.

             (4) $275,000 of the state patrol highway account--state appropriation is provided for the squawk mountain communication tower.

             (5) $380,000 of the state patrol highway account--state appropriation is provided for the replacement of two traffic control aircraft.

             (6) $50,000 of the state patrol highway account--state appropriation is provided for the ridgefield expansion design and the academy hookup fee for waste treatment.


             NEW SECTION. Sec. 302. The Washington state patrol is authorized to continue with the exchange of the Olympia, Washington Martin Way property for a light industrial land complex to be used to consolidate existing separately located state activities and functions. The agency will work with the office of financial management, department of general administration, the senate transportation committee, and the house of representatives transportation committee in the exchange and approval processes.


             NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        25,312,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) Before any funds are expended for the transportation facility to be located in Tumwater, Washington, the director of general administration shall conduct an evaluation of the planned facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement as required under RCW 43.82.010(10). Furthermore, the director shall present the findings of the evaluation to the fiscal committees of the house of representatives and the senate by December 31, 1999.

             (2) Up to $100,000 of the motor vehicle account--state appropriation may be expended by the department of general administration to conduct an analysis of future transportation-related facility office space needs in Thurston county, by agency, for the next ten years. The analysis shall consult with state agencies, private developers, and building owners to determine the inventory of space available and planned over the next ten years in government and nongovernment buildings, and the impact on current office space. The predesign must be completed by January 31, 2000.


PART IV

TRANSFERS AND DISTRIBUTIONS


             NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      213,600,000

Ferry Bond Retirement Account Appropriation. .. . . . . .$                                                                         53,353,000

Transportation Improvement Board Bond Retirement Account--State Appropriation. . . . . . . . . . $        35,158,000

Puget Sound Capital Construction Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$             270,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          6,543,000

Special Category C Account--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             405,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      309,329,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity. If Senate Bill No. 5283 or House Bill No. 1304 is enacted in the form passed by the legislature by June 30, 1999, then $35,158,000 of the highway bond retirement account appropriation shall lapse. If neither Senate Bill No. 5283 nor House Bill No. 1304 is enacted in the form passed by the legislature by June 30, 1999, then the appropriation for the transportation improvement board bond retirement account shall lapse.


             NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Fund--Puget Sound Capital Construction Account Appropriation. . . . . . . . . . . . . $               36,000

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             811,000

Special Category C Account Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               53,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             900,000


             NEW SECTION. Sec. 403. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

Motor Vehicle Fund Appropriation for motor vehicle fuel tax and overload

             penalties distribution. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      492,721,000

Transportation Fund Appropriation for motor vehicle excise tax distribution. . . . . . . . . . . . . . . . $      491,606,000


             NEW SECTION. Sec. 404. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--TRANSFERS

             Motor Vehicle Fund--State Patrol Highway Account:

For transfer to the Department of Retirement Systems Expense Fund. . . . . . . . . . . . . . . . . . . . . . $             171,000


             NEW SECTION. Sec. 405. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.


             NEW SECTION. Sec. 406. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.


             NEW SECTION. Sec. 407. FOR THE STATE TREASURER--TRANSFERS

             (1) RV Account--State Appropriation:

For transfer to the Motor Vehicle Fund--State. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,590,000

             (2) Transportation Account--State Appropriation:

For transfer to the Transportation Infrastructure Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$          5,000,000


             NEW SECTION. Sec. 408. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

Motor Vehicle Fund--State Appropriation for distribution to the cities. . . . . . . . . . . . . . . . . . . . . $        12,500,000

Motor Vehicle Fund--State Appropriation for distribution to the counties. . . . . . . . . . . . . . . . . . .$        12,500,000

 

             The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2000.

             (2) The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2000.

             (3) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.


             NEW SECTION. Sec. 409. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

Motor Vehicle Fund--State Appropriation for distribution to the cities. . . . . . . . . . . . . . . . . . . . . $        12,500,000

Motor Vehicle Fund--State Appropriation for distribution to the counties. . . . . . . . . . . . . . . . . . .$        12,500,000

 

             The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2001.

             (2) The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2001.

             (3) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.


             NEW SECTION. Sec. 410. The office of the state treasurer is authorized to transfer any transportation improvement account and urban arterial trust account balances available in the highway bond retirement account into the transportation improvement board bond retirement account following a cooperative agreement by the department of transportation and the transportation improvement board on the exact amount of the transfer.


             NEW SECTION. Sec. 411. The motor vehicle account revenues are received at a relatively even flow throughout the year. Expenditures may exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season. Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding. The governor and the legislature recognize that the department of transportation may require interfund loans or other short-term financing to meet temporary seasonal cash requirements and additional cash requirements to fund federal advance construction projects.


             NEW SECTION. Sec. 412. In addition to such other appropriations as are made by this act, there is appropriated to the department of transportation from legally available bond proceeds in the respective transportation funds and accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.


             NEW SECTION. Sec. 413. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS. The department of transportation shall make the following transfers contingent on passage of the bills referenced in each proviso as identified by bill number in the form passed by the legislature:

             (1) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation shall transfer:

             (a) The balances remaining at the close of the 1997-99 biennium in the economic development account and the transportation capital facilities account to the motor vehicle account--state; and

             (b) The balance remaining at the close of fiscal year 2000 in the marine operating account to the Puget Sound ferry operations account.

             (2) If neither Senate Bill No. 5615 nor House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation is authorized to transfer any balances available in the highway construction stabilization account to the motor vehicle account to fund the appropriations contained in this act.


             NEW SECTION. Sec. 414. FOR THE TRANSPORTATION IMPROVEMENT BOARD--TRANSFERS. The transportation improvement board shall make the following transfers contingent on passage of the bills referenced in each proviso as enacted in the form passed by the legislature:

             (1) If Senate Bill No. 5360 or House Bill No. 1053 is enacted in the form passed by the legislature the transportation improvement board shall transfer the balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account.

             (2) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the transportation improvement board shall transfer:

             (a) The balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account; and

             (b) The balance remaining at the close of the 1997-99 biennium in the central Puget Sound public transportation systems account to the public transportation systems account.

             (3) If Senate Bill No. 5283 is enacted in the form passed by the legislature the transportation improvement board shall agree upon what amount of the balance remaining in the highway bond retirement account at the close of the 1997-99 biennium is apportioned to the transportation improvement board. That amount shall be transferred from the highway bond retirement account to the transportation improvement board bond retirement account.


PART V

1997-99 SUPPLEMENTAL APPROPRIATIONS

General Government Agencies--Capital


             Sec. 501. 1997 c 457 s 110 (uncodified) is amended to read as follows:

FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS

 

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,500,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The entire appropriation is for the repaving of roadways in the following state parks in the 1997-99 biennium:

             (a) Moran state park, $1,800,000;

             (b) Cama Beach state park, $300,000;

             (c) Riverside state park, $640,000;

             (d) Steamboat Rock state park, $225,000;

             (e) Damon Point state park, $485,000; and

             (f) Deception Pass state park, $50,000.

             (2) ((This is a one time appropriation with the repaving efforts to be completed in the parks by June 30, 1999.)) The repaving contracts will be awarded by competitive bid using department of transportation standards. Progress reports will be prepared and presented to the legislative transportation committees in January 1999. Upon completion of the contracts for the parks listed in subsection (1)(a), (c), (d), and (f) of this section, unspent moneys from those contracts may be used for design of paving projects on the agency's 1999-01 biennium pavement project list.

             (3) If any of the parks listed in subsection (1) of this section are closed during the 1997-99 biennium, the amount provided for the park under subsection (1)(a) through (f) of this section shall lapse and return to the motor vehicle fund.


Transportation Agencies


             Sec. 502. 1997 c 457 s 204 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD

 

Motor Vehicle Fund--Urban Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . .$        57,159,000

Motor Vehicle Fund--Transportation Improvement Account--State Appropriation. . . . . . . . . . . . $      122,014,000

Motor Vehicle Fund--City Hardship Assistance Account--State Appropriation. . . . . . . . . . . . . . .$          2,649,000

Motor Vehicle Fund--Small City Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((7,921,000))

9,921,000

Central Puget Sound Public Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . $        27,360,000

Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $          3,928,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((221,031,000))

223,031,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The transportation improvement account--state appropriation includes $40,000,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. However, the transportation improvement board may authorize the use of current revenues available in lieu of bond proceeds.


             Sec. 503. 1998 c 348 s 203 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU

Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . $((163,789,000))

166,035,000

Motor Vehicle Fund--State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . $    ((4,374,000))

4,688,000

Motor Vehicle Fund--State Patrol Highway Account--Local Appropriation. . . . . . . . . . . . . . . . . .$             170,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          4,522,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((172,855,000))

175,415,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The Washington state patrol is authorized to use the federal community oriented policing program (COPS) for 54 troopers with 18 COPS troopers to begin in July 1998 and 36 COPS troopers to begin in January 1999.

             (2) $4,463,000 of the transportation fund--state appropriation and $3,737,000 of the motor vehicle fund--state patrol highway account--state appropriation are provided for an equalization salary adjustment of three percent on July 1, 1997, and six percent on July 1, 1998, for commissioned officers (entry level trooper through captain), commercial vehicle enforcement officers, and communication officers of the Washington state patrol. The salary adjustments are intended to bring the existing salary levels into the fiftieth percentile of other Washington state law enforcement compensation plans. This is in addition to the salary increase contained in the omnibus appropriation bill or bills. The total of the two increases, in the transportation budget and omnibus appropriation bill or bills, may not exceed twelve percent.

             (3) The Washington state patrol will develop a vehicle replacement plan for the next six years. The plan will include an analysis of the current 100,000 miles replacement policy and agency assignment policy. Projected future budget requirements will include forecasts of vehicle replacement costs, vehicle equipment costs, and estimated surplus vehicle values when sold at auction.

             (4) The Washington state patrol vessel and terminal security (VATS) program will be funded by the state patrol highway fund beginning July 1, 1997, and into future biennia.

             (5) A personnel data base will be maintained of the 801 commissioned traffic law enforcement officers, with a reconciliation at all times to the patrol allocation model and a vehicle assignment and replacement plan.

             (6) $150,000 of the state patrol highway account appropriation is to fund the Washington state patrol's portion of the drug recognition expert training program previously funded by the traffic safety commission.

             (7) The Washington state patrol with legislative transportation committee staff will perform an interim study of the Washington state patrol's commercial vehicle enforcement program with a report to be presented to the legislature and office of financial management in January 1998 with a developed business plan and program recommendations which includes, but is not limited to, weigh in motion technologies.

             (8)(a) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear. The analysis shall focus on trucks equipped with cube-style, walk-in cargo boxes, up to eighteen feet long, that are most commonly used in the commercial delivery of goods and services.

             (b) The state patrol shall incorporate research and analysis currently being conducted by the national highway traffic safety administration.

             (c) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee and office of financial management.

             (9) $381,000 of the transportation fund--state appropriation is provided for the following traditional general fund purposes: The governor's air travel, the license fraud program, and the special services unit. This transportation fund--state appropriation is not a permanent funding source for these purposes.

             (10) $461,000 of the state patrol highway account appropriation is provided solely for monitoring and stopping fuel tax evasion. The Washington state patrol will report on December 1, 1998, to the legislative transportation committee on the activities and revenue collected associated with fuel tax evasion.

             (11) $289,000 of the state patrol highway account appropriation is provided solely for vehicle license fraud investigation. A report will be presented each session to the legislature on the activities and revenue collected by the vehicle license fraud unit.

             (12) $268,000 of the motor vehicle fund--state patrol highway account is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.

             (13) $105,000 of the motor vehicle fund--state patrol highway account--state appropriation and $314,000 of the motor vehicle fund--state patrol highway account--federal appropriation are provided solely for laptop personal computers, peripheral equipment, and necessary software for existing community oriented policing program (COPS) troopers.

             (14) $2,300,000 of the motor vehicle fund--state patrol highway account--state appropriation is provided solely to purchase 100 equipped pursuit vehicles. If the transportation fund--state appropriation reduction described in section 504(9) of this act does not take place, the amount provided in this subsection shall lapse. If the state patrol does not purchase the vehicles prior to June 30, 1999, the amount provided in this subsection shall lapse.


             Sec. 504. 1998 c 348 s 205 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU

Motor Vehicle Fund--State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . $        52,926,000

Motor Vehicle Fund--State Patrol Highway Account--Federal Appropriation. . . . . . . . . . . . . . . . $             104,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((2,513,000))

214,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((55,543,000))

53,244,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $1,017,000 for the state patrol highway account--state appropriation is provided solely for year 2000 conversions of transportation automated systems. For purposes of this subsection, transportation automated systems does not include WASIS and WACIS.

             (2) $50,000 of the state patrol highway account--state appropriation is provided solely for a feasibility study to assess the effect of mobile computers on trooper productivity by type of service and measurement of the productivity gains achieved through reduction in administrative time and paperwork processing. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.

             (3) $50,000 of the state patrol highway account--state appropriation is provided solely for a review of the feasibility of improving the patrol's computer-aided dispatch system to permit tracking of trooper availability and response time to calls for service. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.

             (4) These appropriations maintain current level funding for the Washington state patrol service center and have no budget savings included for a consolidation of service centers based on the study conducted by the technology management group. During the 1997 interim, the costs for current level will be reviewed by the office of financial management and department of information services with a formal data center recommendation, that has been approved by the information services board, to the legislature in January 1998. Current level funding will be split between fiscal year 1998 and fiscal year 1999 with consideration of funding adjustments based on the review and the formal policy and budget recommendations.

             (5) $2,513,000 of the transportation fund--state appropriation is for the following traditional general fund purposes: The executive protection unit, revolving fund charges, budget and fiscal services, computer services, personnel, human resources, administrative services, and property management. This appropriation is not a permanent funding source for these purposes.

             (6) $22,000 of the motor vehicle fund--state patrol highway account appropriation is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.

             (7) The 1998 Washington state patrol interim working group shall review the data center, electronic services division, communications division, and strategic planning and shall provide recommendations on increasing the effectiveness and efficiencies of the programs under review and audit.

             (8) $1,580,000 of the state patrol highway account--state appropriation is provided solely for the transition of the Washington state patrol mainframe data processing functions to the Washington state department of information services data center in Olympia, Washington. The Washington state patrol and the department of information services shall work cooperatively to ensure the transition to the department of information services is completed successfully.

             (9) The transportation fund--state appropriation is reduced by $2,299,000 to correct a double appropriation.


             Sec. 505. 1998 c 348 s 207 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS

Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . .$               94,000

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               42,000

Highway Safety Fund--State Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((10,732,000))

8,218,000

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((5,610,000))

4,735,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             441,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((16,919,000))

13,530,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: (((1))) $2,498,000 of the highway safety fund--state appropriation and $793,000 of the motor vehicle fund--state appropriation are provided for the following activities: (1) Identify business objectives and needs relating to technology improvements and integration of the drivers' licensing and vehicle title and registrations systems; (2) converting the drivers' licensing software applications to achieve Year 2000 compliance; (3) convert the drivers' field network from a uniscope to a frame-relay network; (4) develop an interface between the unisys system and the CRASH system; and (5) operate and maintain the highways-licensing building network and the drivers' field network.


             Sec. 506. 1998 c 348 s 208 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES

General Fund--Marine Fuel Tax Refund Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$               26,000

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             549,000

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((49,630,000))

49,615,000

Department of Licensing Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$          2,944,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((53,149,000))

53,134,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) $600,000 of the licensing service account--state appropriation is provided for replacement of printers for county auditors and subagents.

             (2) The department of licensing, in cooperation with the fuel tax advisory committee, shall prepare and submit a report to the legislative transportation committee containing recommendations for special fuel and motor vehicle fuel recordkeeping and reporting requirements, including but not limited to recommendations regarding the form and manner in which records and tax reports must be maintained and made available to the department; which persons engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel should be required to submit periodic reports regarding the disposition of such fuel; and the feasibility of implementing an automated fuel tracking system. The report is due no later than October 31, 1997.

             (3) The department of licensing, in cooperation with representatives of local governments and the department of revenue shall analyze the collection of the local option fuel tax under RCW 82.80.010. Based on that analysis the department of licensing shall offer recommendations regarding the appropriate government entity to collect the local option fuel tax and the best method to accomplish that collection. The department of licensing shall report its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.

             (4) The department of licensing, in conjunction with the interagency commission on outdoor recreation, the department of transportation, and other affected entities, shall conduct a study and make recommendations regarding:

             (a) Whether the study required by RCW 43.99.030 to determine what portion of the motor vehicle fuel tax collected is tax on marine fuel is an effective and efficient mechanism for determining what portion of fuel tax revenues should be refunded to the marine fuel tax refund account;

             (b) Other possible methodologies for determining the appropriate amount of tax revenue to refund from the motor vehicle fund to the marine tax refund account; and

             (c) Whether the tax on fuel used by illegally nonregistered boats should be refunded to the marine tax refund account.

             The department of licensing shall make a report of its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.

             (5) $382,000 of the motor vehicle fund--state appropriation is provided solely to implement Substitute House Bill No. 2659. If Substitute House Bill No. 2659 is not enacted by June 30, 1998, this amount shall lapse.


             Sec. 507. 1998 c 348 s 209 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Highway Safety Fund--Motorcycle Safety Education Account--State Appropriation. . . . . . . . . . .$          1,411,000

Highway Safety Fund--State Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((61,087,000))

59,869,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          4,985,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((64,112,000))

66,265,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $225,000 of the highway safety account--state appropriation is provided solely to implement Substitute House Bill No. 2442 or Senate Bill No. 6190. If neither bill is enacted by June 30, 1998, this amount shall lapse.

             (2) $480,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 6165. If Senate Bill No. 6165 is not enacted by June 30, 1998, this amount shall lapse.

             (((6))) (3) $1,000,000 of the highway safety account--state appropriation is provided solely to implement 1998 legislation that changes statutes relating to driving under the influence. If legislation changing the DUI statutes is not enacted by June 30, 1998, this amount shall lapse.


             Sec. 508. 1997 c 457 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING

 

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((24,703,000))

24,436,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             400,000

Motor Vehicle Fund--Transportation Capital Facilities Account--State Appropriation. . . . . . . . . $  ((24,338,000))

24,330,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((49,441,000))

49,166,000


             Sec. 509. 1998 c 348 s 211 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Motor Vehicle Fund--Economic Development Account--State Appropriation. . . . . . . . . . . . . . . .$          2,434,000

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((163,275,000))

123,575,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      155,485,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        40,000,000

Special Category C Account--State Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((73,271,000))

65,471,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((230,546,000))

225,546,000

Puyallup Tribal Settlement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $          5,000,000

Puyallup Tribal Settlement Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$             200,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,401,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((671,612,000))

619,112,000

 

             The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The special category C account--state appropriation of (($73,271,000)) $65,471,000 includes $26,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 ((and includes $12,000,000 in proceeds from the sale of bonds authorized by House Bill No. 1012)). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. ((If House Bill No. 1012 is not enacted by June 30, 1998, $7,800,000 of the special category C account--state appropriation shall lapse.))

             (2) The motor vehicle fund--state appropriation includes $2,685,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (3) The department shall report annually to the legislative transportation committee on the status of the projects funded by the special category C appropriations contained in this section. The report shall be submitted by January 1 of each year.

             (4) The motor vehicle fund--state appropriation in this section includes $600,000 solely for a rest area and information facility in the Nisqually gateway area to Mt. Rainier, provided that at least forty percent of the total project costs are provided from federal, local, or private sources. The contributions from the nonstate sources may be in the form of in-kind contributions including, but not limited to, donations of property and services.

             (5) The appropriations in this section contain $118,247,000 reappropriation from the 1995-97 biennium.

             (6) The motor vehicle fund--state appropriation in this section includes $250,000 to establish a wetland mitigation pilot project. This appropriation may only be expended if the department of transportation establishes a technical committee to better implement the department's strategic plan. The technical committee shall include, but is not limited to, cities, counties, environmental groups, business groups, tribes, the Puget Sound action team, and the state departments of ecology, fish and wildlife, and community, trade, and economic development, and appropriate federal agencies. The committee shall assist the department in implementing its wetland strategic plan, including working to eliminate barriers to improved wetland and watershed management. To this end, the technical committee shall: (a) Work to facilitate sharing of agency environmental data, including evaluation of off-site and out-of-kind mitigation options; (b) develop agreed-upon guidance that will enable the preservation of wetlands that are under imminent threat from development for use as an acceptable mitigation option; (c) develop strategies that will facilitate the implementation of mitigation banking, including developing mechanisms for valuing and transferring credits; (d) provide input in the development of wetland functions assessment protocols related to transportation projects; (e) develop incentives for interagency participation in joint mitigation projects within watersheds; and (f) explore options for funding environmental mitigation strategies. The department shall prepare an annual report to the legislative transportation committee and legislative natural resources committees on recommendations developed by the technical committee.

             (7) The department shall report January 1st and July 1st of each year, to the legislative transportation committee and the office of financial management of the timing and the scope of work being performed for the regional transit authority. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.

             (8) The translake study funded in this section shall include recommendations to address methods for mitigating traffic noise in the study area.

             (9) Funding for the SR 509 project extending south and east from south 188th street in King county is contingent on the development of a proposal linking the project to other freight corridors and a funding plan with participation from partners of the state that are agreed to by the legislative transportation committee and the governor.

             (10) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.

             (11) $2,000,000 of the motor vehicle fund--state appropriation is provided solely for transfer to the advanced environmental mitigation revolving account--state.

             (((14))) (12) $13,000,000 of the motor vehicle fund--state appropriation and $12,000,000 of the transportation fund--state appropriation are provided solely for preliminary engineering and purchase of right of way for highway construction.

             (((15) $35,000,000 of the motor vehicle fund--state appropriation is conditioned upon voter approval of a referendum on a state-wide ballot that provides funding for transportation purposes. If the voters approve such a referendum, $35,000,000 of the motor vehicle fund--state appropriation is put in reserve solely to be used for the purposes of preliminary engineering and purchase of right of way for highway construction. These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management.))

             (13) The department may advertise and award certain specified projects prior to June 30, 1999. This authority extends to the 10 projects listed in the transportation executive information system document titled "1999 Supplemental Budget — Spring Start Projects (Rev.)" dated March 13, 1999.


             Sec. 510. 1998 c 348 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((1,280,000))

1,255,000

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        16,235,000

             TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((17,515,000))

17,490,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The motor vehicle fund--state appropriation includes $16,235,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of only the SR 16 corridor improvements and park and ride projects selected under the public-private transportation initiative program authorized under chapter 47.46 RCW; and support costs of the public-private transportation initiatives program.

             (2) The appropriations in this section contain $16,235,000 reappropriated from the 1995-97 biennium.


             Sec. 511. 1998 c 348 s 213 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((239,200,000))

237,013,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             465,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,335,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((243,000,000))

240,813,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

             (2) The department shall deliver the highway maintenance program according to the plans for each major maintenance group to the extent practical. However, snow and ice expenditures are highly variable depending on actual weather conditions encountered. If extraordinary winter needs result in increased winter maintenance expenditures, the department shall, after prior consultation with the transportation commission, the office of financial management, and the legislative transportation committee adopt one or both of the following courses of action: (a) Reduce planned maintenance activities in other groups to offset the necessary increases for snow and ice control; or (b) continue delivery as planned within other major maintenance groups and request a supplemental appropriation in the following legislative session to fund the additional snow and ice control expenditures.

             (3) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.

             (4) Funding appropriated for local storm water charges assessed under RCW 90.03.525, which is allocated for, but not paid to, a local storm water utility because the utility did not meet the conditions provided under RCW 90.03.525, may be transferred by the department to program Z of the department to be distributed as grants under the storm water grant program.


             Sec. 512. 1998 c 348 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((288,720,000))

285,220,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      274,259,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,400,000

             TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((568,379,000))

561,879,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The motor vehicle fund--state appropriation includes $6,800,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (2) The appropriations in this section contain $27,552,000 reappropriated from the 1995-97 biennium.

             (3) If the Oregon state legislature enacts a public/private partnership program and the Washington state transportation commission, in consultation with the legislative transportation committee, negotiates and enters into an agreement between Washington and Oregon to place the Lewis and Clark bridge into Oregon's public/private partnership program, up to $3,000,000 of the motor vehicle fund--state appropriation may be used as Washington's contribution toward the design of the project pursuant to the agreement between Washington and Oregon. Any additional contributions shall be subject to Washington state legislative appropriations and approvals. The department shall provide a status report on this project to the legislative transportation committee by June 30, 1998.

             (((6))) (4) $630,000 of the motor vehicle fund--state appropriation is provided for slope stabilization along state route 166 in the Ross Point vicinity. This amount is intended to fund preliminary engineering, right of way acquisition, and to begin construction.


             Sec. 513. 1998 c 348 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q

State Patrol Highway Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             153,000

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((30,412,000))

29,982,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,000,000

Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             275,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((31,840,000))

31,410,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amount is provided solely for that activity:

             (1) The department, in cooperation with the Washington state patrol and the tow truck industry, shall develop and submit to the legislative transportation committee by October 31, 1997, a recommendation for implementing new tow truck services during peak hours on the Puget Sound freeway system.

             (2) The department, in cooperation with the Washington state patrol, the department of licensing, the state of Oregon, and the United States department of transportation, shall install and operate the commercial vehicle information systems and network (CVISN) at a selected pilot site. If the state department of transportation receives additional federal funding for this project that is eligible to supplant state funding, the appropriation in this section shall be reduced by the amount of the state funds supplanted.


             Sec. 514. 1998 c 348 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Fund--Puget Sound Capital Construction Account--State Appropriation. . . . . . . .$             777,000

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((70,032,000))

69,685,000

Motor Vehicle Fund--Puget Sound Ferry Operations Account--State Appropriation. . . . . . . . . . .$          1,093,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,158,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((73,060,000))

72,713,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1)(a) The motor vehicle fund--state appropriation includes $14,300,000 provided solely for programming activities and other efforts needed to bring the department's information systems, and devices with computers built into them, into compliance with the year 2000 requirements of the department of information services. The department is directed to expend the moneys internally reallocated for this purpose before spending from this appropriation. The department is directed to provide quarterly reports on this effort to the legislative transportation committee and the office of financial management beginning October 1, 1997.

             (b) Up to $2,900,000 of the amount provided in (a) of this subsection may be expended for testing and required modifications to electronic devices and other equipment and specialized software that are essential for department operations to ensure they are year 2000 compliant. Before expending any of this amount for these purposes, the department shall consult with the legislative transportation committee and the office of financial management.

             (2) The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington as recommended by the freight mobility advisory committee and report back to the legislature by November 1, 1997. $500,000 of the motor vehicle fund--state appropriation is provided for this review and analysis. The funding conditioned in this subsection shall be from revenues provided for interjurisdictional studies.

             (3) In order to increase visibility for decision making, the department shall review its budgeting and accounting methods for management information systems. The review shall include, but not be limited to, the cost-benefit analysis of existing processes and evaluation of less complex alternatives such as direct appropriations. The results of the review shall be reported to the legislative transportation committee and the office of financial management by July 1, 1998.


             Sec. 515. 1997 c 457 s 223 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T

 

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((16,098,000))

15,884,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        10,466,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((1,384,000))

1,379,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((27,948,000))

27,729,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: Up to $2,400,000 of the motor vehicle fund--state appropriation is provided for regional transportation planning organizations, with allocations for participating counties maintained at the 1995-1997 biennium levels for those counties not having metropolitan planning organizations within their boundaries.


             Sec. 516. 1998 c 348 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U

             (1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT

((Motor Vehicle Fund--State Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$       2,515,000))

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,715,000

             (2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             840,000

             (3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,391,000

             (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((2,240,000))

2,140,000

             (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        12,535,000

             (6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund--Puget Sound Ferry Operations

                          Account--State Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          2,928,000

             (7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             536,000

             (8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               90,000

             (9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             735,000

             (10) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             355,000


             Sec. 517. 1998 c 348 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W

Motor Vehicle Fund--Puget Sound Capital Construction Account--State Appropriation. . . . . . . .$((209,886,000))

192,886,000

Motor Vehicle Fund--Puget Sound Capital Construction Account--Federal Appropriation. . . . . .$        30,165,000

Motor Vehicle Fund--Puget Sound Capital Construction Account--Private/Local

             Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             765,000

Transportation Fund--Passenger Ferry Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $             640,000

                                       TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((241,456,000))

224,456,000

 

             The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The appropriations in this section are provided to carry out only the projects (version ((3)) 2) adjusted by the legislature for the 1997-99 budget. The department shall reconcile the 1995-97 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.

             (2) The Puget Sound capital construction account--state appropriation includes $100,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries, including construction of new jumbo ferry vessels in accordance with the requirements of RCW 47.60.770 through 47.60.778. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

             (3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.

             (4) Washington state ferries is authorized to reimburse up to $3,000,000 from the Puget Sound capital construction account--state appropriation or Puget Sound capital construction account--federal appropriation to the city of Bremerton and the port of Bremerton for Washington state ferries' financial participation in the development of a Bremerton multimodal transportation terminal, port of Bremerton passenger-only terminal expansion, and ferry vehicular connections to downtown traffic circulation improvements. The reimbursement shall specifically support the construction of the following components: Appropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections; and the Washington state ferries' component of the Bremerton multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network.

             (5) The Puget Sound capital construction account--state appropriation includes funding for capital improvements on vessels to meet United States Coast Guard Subchapter W regulation revisions impacting SOLAS (safety of life at sea) requirements for ferry operations on the Anacortes to Sidney, B.C. ferry route.

             (6) The Puget Sound capital construction account--state appropriation, the Puget Sound capital construction account--federal appropriation, and the passenger ferry account--state appropriation include funding for the construction of one new passenger-only vessel and the department's exercise of the option to build a second passenger-only vessel. In accordance with chapter 166, Laws of 1998, Washington state ferries shall accelerate activities to ensure the acquisition of four additional passenger-only vessels and the construction of related terminal facilities, including maintenance facilities for the Southworth and Kingston to Seattle passenger-only ferry routes.

             (7) The Puget Sound capital construction account--state appropriation includes funding for the exploration and acquisition of a design for constructing a millennium class ferry vessel.

             (8) The Puget Sound capital construction account--state appropriation includes $90,000 for the purchase of defibrillators. At least one defibrillator shall be placed on each vessel in the ferry fleet.

             (9) The appropriations in this section contain $46,962,000 reappropriated from the 1995-97 biennium.


             Sec. 518. 1998 c 348 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Fund--State Appropriation. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((270,522,000))

270,473,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The appropriation is based on the budgeted expenditure of (($28,696,000)) $27,076,000 for vessel operating fuel in the 1997-99 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

             (2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1997-99 biennium may not exceed (($179,095,000)) $180,715,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $313.95 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1997-99 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

             The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1997, and thereafter, as established in the 1997-99 general fund operating budget.

             (3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.

             (4) The appropriation in this section includes up to $1,566,000 for additional operating expenses required to comply with United States Coast Guard Subchapter W regulation revisions for vessels operating on the Anacortes to Sidney, B.C. ferry route. The department shall explore methods to minimize the cost of meeting United States Coast Guard requirements and shall report the results to the legislative transportation committee and office of financial management by September 1, 1997.

             (5) The department shall request a reduction of the costs associated with the use of the terminal leased from the Port of Anacortes and costs associated with use of the Sidney, British Columbia terminal.

             (6) Agreements between Washington state ferries and concessionaires for automatic teller machines on ferry terminals or vessels shall provide for and include banks and credit unions that primarily serve the west side of Puget Sound.

             (7) In the event federal funding is provided for one or more passenger-only ferry vessels for the purpose of transporting United States naval personnel, the department of transportation is authorized to acquire and construct such vessels in accordance with the authority provided in RCW 47.56.030, and the department shall establish a temporary advisory committee comprised of representatives of the Washington state ferries, transportation commission, legislative transportation committee, office of financial management, and the United States Navy to analyze and make recommendations on, at a minimum, vessel performance criteria, docking, vessel deployment, and operating issues.

             (8) The appropriation provides funding for House Bill No. 2165 (paying interest on retroactive raises for ferry workers).

             (9) The commission is authorized to increase Washington state ferry tariffs in excess of the fiscal growth factor, established under chapter 43.135 RCW, in fiscal year 1998 and fiscal year 1999.

             (10) Funding for Anacortes to Sidney advertising is contingent upon partners meeting their commitment. In no event may the state share exceed fifty percent of the cash contribution toward the project.

             (11) $1,370,000 of this appropriation is provided solely for the Hiyu operation for Southworth/Vashon 5 days per week for 16 hours per day. Prior to placing the Hiyu in permanent service on a route between Vashon and Southworth, the Washington state ferries shall conduct a study of the impact of additional service on Vashon and Southworth and report back to the legislative transportation committee by May 15, 1998.

             (12) $446,000 of this appropriation is provided solely to provide an additional crew member on Jumbo Mark 2 ferries as required by emergency evacuation regulations adopted by the United States Coast Guard. If the Coast Guard requirement can be met without the hiring of additional staff, the portion of this appropriation provided to meet that requirement shall not be expended.


             Sec. 519. 1998 c 348 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION AND RAIL--PROGRAM Y

Essential Rail Assistance Account--State Appropriation$                                                                              256,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((13,225,000))

13,185,000

Air Pollution Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          6,290,000

Transportation Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((55,029,000))

46,858,000

Transportation Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          3,947,000

Transportation Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             105,000

Central Puget Sound Public Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . $    ((4,250,000))

250,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((83,102,000))

70,891,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) Up to $46,180,000 of the transportation fund--state appropriation is provided for intercity rail passenger service including up to $8,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000; up to $1,000,000 for one spare advanced technology train power-car and other spare parts, subsidies for operating costs not to exceed $12,000,000, to maintain service of two state contracted round trips between Seattle and Portland and one state contracted round trip between Seattle and Vancouver, British Columbia, and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours.

             (2) Up to $3,000,000 of the transportation fund--state appropriation is provided for the rural mobility program administered by the department of transportation. Priority for grants provided from this account shall be given to projects and programs that can be accomplished in the 1997-99 biennium.

             (3) Up to $600,000 of the high capacity transportation account--state appropriation is provided for rail freight coordination, technical assistance, and planning.

             (4) The department shall provide biannual reports to the legislative transportation committee and office of financial management regarding the department's rail freight program. The department shall also notify the committee for project expenditures from all fund sources prior to making those expenditures. The department shall examine the ownership of grain cars and the potential for divestiture of those cars and other similar assets and report those findings to the committee prior to the 1998 legislative session.

             (5) Up to $750,000 of the transportation fund--state appropriation and up to $250,000 of the central Puget Sound public transportation account--state appropriation are provided to fund activities relating to coordinating special needs transportation among state and local providers. These activities may include demonstration projects, assessments of resources available versus needs, and identification of barriers to coordinating special needs transportation. The department will consult with the superintendent of public instruction, the secretary of the department of social and health services, the office of financial management, the fiscal committees of the house of representatives and senate, special needs consumers, and specialized transportation providers in meeting the goals of this subsection.

             (6) The appropriations in this section contain $4,599,000 reappropriated from the 1995-97 biennium.

             (7) The high capacity transportation account--state appropriation includes $75,000 for the department to develop a strategy and to identify how the agency would expend additional moneys to enhance the commute trip reduction program. The report would include recommendations for grant programs for employers and jurisdictions to reduce SOV usage and to provide transit incentives to meet future commute trip reduction requirements. The report is due to the legislative transportation committee by January 1, 1998.

             (8) In addition to the appropriations contained in this section, the office of financial management shall release the $2,000,000 transportation fund--state funds appropriated for the intercity rail passenger program in the 1995-97 biennium but held in reserve pursuant to section 502, chapter 165, Laws of 1996.

             (9) Up to $150,000 of the transportation fund--state appropriation is provided for the management and control of the transportation corridor known as the Milwaukee Road corridor owned by the state between Ellensburg and Lind, and to take actions necessary to allow the department to be in a position, with further legislative authorization, to begin to negotiate a franchise with a rail carrier to establish and maintain a rail line over portions of the corridor by July 1, 1999.

             (((11))) (10) $4,000,000 of the high capacity transportation account--state appropriation for passenger rail infrastructure improvement is provided solely for rail improvements to add rail passenger service north of Seattle. These funds are conditioned on match of at least equal amounts from both Burlington Northern Sante Fe and Amtrak for rail line improvements and upon Amtrak purchasing an additional train set for operation in the corridor. These funds shall not be expended until authorized by the legislative transportation committee and the office of financial management; and the participation of international partners in service provided in the corridor shall be considered in such a decision.


             Sec. 520. 1998 c 348 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((9,802,000))

9,862,000

Motor Vehicle Fund--Federal Appropriation. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$        33,726,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$       ((650,000))

450,000

Transportation Account--State Appropriation. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,175,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$  ((45,353,000))

45,213,000

 

             The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The motor vehicle fund--state appropriation includes $1,785,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

             (2) As a condition of receiving the full state subsidy in support of the Puget Island ferry, Wahkiakum county must, by December 31, 1997, increase ferry fares for passengers and vehicles by at least ten percent. If the fares are not increased to meet this requirement, the department, in determining the state subsidy after December 31, 1997, shall reduce the operating deficit by the amount that would have been generated if the ten percent fare increase had been implemented.

             (3) The appropriations in this section contain $1,750,000 reappropriated from the 1995-97 biennium.

             (4) Up to $500,000 of the high capacity transportation account--state appropriation is provided for implementation of the recommendations of the freight mobility advisory committee, and any legislation enacted resulting from those recommendations.

             (5) $175,000 of the transportation fund--state appropriation is provided solely to fund the freight mobility strategic investment board. If Second Substitute House Bill No. 2180 is not enacted by June 30, 1998, this amount shall lapse.

             (6) The transportation account--state appropriation includes $600,000 to establish alternatives for flood management and flood hazard reduction projects in the Chehalis Basin. A technical committee comprised of the department of transportation, department of ecology, the United States army corps of engineers, federal emergency management administration, United States geological survey, affected counties and tribes, and other entities with critical knowledge related to flood hazard reduction projects in the Chehalis Basin shall be formed. Funds shall be distributed to counties within the Chehalis Basin by the department of transportation for projects that further understanding of the causes of flooding and options for flood hazard reduction. Alternatives shall be consistent with fish and habitat recovery efforts. Projects funded shall be coordinated with the technical committee. The department of transportation shall present a report to the legislative transportation committee and other appropriate legislative committees regarding findings and/or progress made by funded projects by December 1, 1998.

             (((8))) (7) $750,000 of the motor vehicle fund--state appropriation is provided solely for a median barrier upon the Spokane street viaduct. Use of this funding is contingent upon a commitment of funding from other partners for the remainder of the project cost.

             (((9))) (8) Up to $150,000 of the high capacity transportation account--state appropriation is provided for the installation of active railroad crossing warning devices at the Sunnyside beach park entrance in Steilacoom.

             (((10))) (9) $400,000 of the transportation fund--state appropriation is provided solely for a study by the legislative transportation committee, in cooperation with the port of Benton, developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.


Transportation Agencies Capital Facilities


             Sec. 521. 1997 c 457 s 303 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL

 

Motor Vehicle Fund--Transportation Capital Facilities Account--State Appropriation. . . . . . . . . $  ((21,696,000))

21,261,000

 

             The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

             (1) The department of transportation shall provide to the legislative transportation committee prior notice and the latest project information at least two weeks in advance of the bid process for transportation capital facilities projects going to bid in the 1997-99 biennium.

             (2) Construction of the Mount Rainier storage facility shall not commence until the department has secured an operational lease that would allow the placement of the facility on United States forest service lands near the entrance to the Mather memorial parkway.

             (3) The appropriation in this section contains $7,719,000 reappropriated from the 1995-97 biennium.


Transfers and Distributions


             Sec. 522. 1998 c 348 s 402 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Fund--Puget Sound Capital Construction Account Appropriation. . . . . . . . . . . . . $             500,000

Motor Vehicle Fund Appropriation. . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             130,000

Transportation Improvement Account Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             200,000

Special Category C Account Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             190,000

Transportation Capital Facilities Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                 1,000

Urban Arterial Account Appropriation. .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 5,000

                                       TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((1,995,000))

1,026,000


             Sec. 523. 1998 c 348 s 404 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--TRANSFERS

             (1) R V Account--State Appropriation:

For transfer to the Motor Vehicle Fund--State. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          1,176,000

             (2) Motor Vehicle Fund--State Appropriation:

For transfer to the Transportation Capital Facilities Account--State. . . . . . . . . . . . . . . . . . . . . . . .$        42,569,000

             (3) ((Small City Account--State Appropriation:

For transfer to the Transportation Improvement

             Account--State.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$       7,500,000))

             Motor Vehicle Fund--State Appropriation:

For transfer to the Highway Infrastructure Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             234,000


             Sec. 524. 1997 c 457 s 403 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

City Hardship Account Appropriation. . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             200,000

Motor Vehicle Fund Appropriation for motor vehicle fuel tax and

             overload penalties distribution. .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$      471,937,000

Transportation Fund Appropriation for motor vehicle

             excise tax distribution. .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$    ((3,744,000))

118,747,000

                                       TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((475,881,000))

590,884,000


Miscellaneous


             NEW SECTION. Sec. 525. A new section is added to 1997 c 457 (uncodified) to read as follows:

             INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.

             (1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative state-wide infrastructure.

             (2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:

             (a) System refurbishment, acquisitions, and development efforts;

             (b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;

             (c) Assessment of overall information processing performance, resources, and capabilities;

             (d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and

             (e) Progress toward enabling electronic access to public information.

             (3) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and state-wide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.

             (4) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.

             (5) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.

             (6) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.

             (7) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.


             NEW SECTION. Sec. 526. The following acts or parts of acts are each repealed:

             (1) 1997 c 457 s 502;

             (2) 1997 c 457 s 514; and

             (3) 1997 c 457 s 515.


PART VI

PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS


             NEW SECTION. Sec. 601. As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may offer voluntary separation and/or downshifting incentives and options according to procedures and guidelines established by the department of personnel and the department of retirement systems, in consultation with the office of financial management. The options may include, but are not limited to, financial incentives for: Voluntary resignation and retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, and temporary separation for development purposes.

             Agency plans and offers shall be reviewed and monitored jointly by the department of personnel, office of financial management, and the department of retirement systems. The senate transportation committee and the house of representatives transportation committee shall also review and monitor the plans of agencies that receive funds appropriated under this act.


             NEW SECTION. Sec. 602. It is the intent of the legislature that agencies may implement a voluntary retirement incentive program that is cost neutral or results in cost savings provided that such program is approved by the director of financial management. Agencies participating in this authorization are required to submit a report by June 30, 2001, to the legislature and the office of financial management on the outcome of their approved retirement incentive program. The report should include information on the details of the program including resulting service delivery changes, agency efficiencies, the cost of the retirement incentive per participant, the total cost to the state and the projected or actual net dollar and staff savings over the 1999-2001 biennium.


             NEW SECTION. Sec. 603. PERFORMANCE BASED BUDGETING. (1) The department of licensing, the department of transportation, the Washington state patrol, and the Washington traffic safety commission, in cooperation with the office of financial management, the senate transportation committee, and the house of representatives transportation committee will continue the implementation of performance based budgeting. The performance based budgeting process will provide a measurable link between agency objectives, service levels, and budget. The agencies shall:

             (a) Continue to develop, enhance, validate, and test indicators of performance, stated in achieving the agencies' goals; and

             (b) Refine performance based budgeting and investment levels in the following programs:

             (i) Department of transportation: Maintenance program M, preservation program P, traffic operations program Q, and marine program X;

             (ii) Department of licensing: Driver's services and vehicle services;

             (iii) Washington state patrol: Field operations bureau; and

             (iv) Washington traffic safety commission; and

             (c) Submit and implement a plan to provide program managers with the training and technical assistance necessary to extend the practices of performance measurement and performance based budgeting throughout agency programs.

             (2) The transportation agencies shall submit a strategic plan and activity summary with their agency request budgets and tie the plan's strategies together with the 2001-2003 budget requests. The strategic plan must include a six-year outlook and define and clarify the agency mission and vision, provide the basis for budget development, and outline and prioritize the agency's goals and strategies. The agencies will continue to improve agency infrastructures to capture and report performance data for use by agency management, the office of financial management, the senate transportation committee, and the house of representatives transportation committee in the decision making process.

             (3)(a) The agencies shall input monthly their financial information and quarterly program performance measurements into the transportation executive information system and will utilize the transportation executive information system investment system in the development of their agency policy request budgets.

             (b) The department of licensing and the Washington state patrol shall submit budgets to the legislature at the subprogram level.


             NEW SECTION. Sec. 604. PROGRAM ACCOUNTABILITY REVIEWS. The senate transportation committee, the house of representatives transportation committee, the office of financial management, and the transportation agencies shall establish the means of conducting program accountability reviews of all transportation programs. The reviews shall include:

             (1) Review and analysis of existing programs to determine any program changes required to meet established criteria along with the list of programs to be reviewed as determined by the program accountability review steering committee made up of the senate transportation committee, the house of representatives transportation committee, the office of financial management, and agency personnel. Each review will have a plan with timelines, deliverables, and milestones to ensure it is completed on time with anticipated deliverables. Each review will have a review accountability report presented to the senate transportation committee and the house of representatives transportation committee with recommendations and implementation schedule agreed to by the reviewers and the agency program being reviewed.

             (2) A concentration on:

             (a) Appropriateness of service objectives used to determine service levels;

             (b) Effectiveness of current management systems;

             (c) Development or improvement of existing outcome, output, efficiency, and effectiveness performance measures;

             (d) The effectiveness of communication and decision making within the program;

             (e) Staffing levels and organizational structure, including changes to roles and responsibilities;

             (f) The existence and effectiveness of oversight and control measures within the program;

             (g) The process of distributing funds and staff among activities;

             (h) Methods for making trade off decisions within and between programs and activities;

             (i) Development of tools that assist policymakers and managers in using performance measures and investment tradeoff methods;

             (j) Development of long-term investment strategies; and

             (k) Other program items that would be beneficial to include in the program accountability review.

             (3) The recommendations will be considered in future biennium transportation budgets in determining whether to enhance, streamline, retain, reduce, or eliminate programs based on value and benefits provided to the state.


             NEW SECTION. Sec. 605. (1) Twenty-two percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for transportation improvements necessary for rural economic development in counties with a population density of less than 100 persons per square mile, and in urban community empowerment zones. The community economic revitalization board will select eligible projects, with staff support, as appropriate, from the department of transportation to facilitate distribution of the funds. In the event that eligible economic development projects do not materialize by the time the funds must be obligated each year, the remaining funds will revert to eligible rural counties for other regional transportation needs. Project selection for reverted funds will be by the appropriate body in each county for selecting projects funded with regional surface transportation funds, typically the metropolitan planning organization or regional transportation planning organization.

             (2) Twenty-two percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for the state-wide competitive program. The transportation improvement board will select projects under this program.

             (3) Twenty-two percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for distribution by the appropriate body in each county that is responsible for selecting projects funded with regional surface transportation funds, typically the metropolitan planning organization or regional transportation planning organization.

             (4) Thirty-four percent of the funds available for flexible purposes provided under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are for the Washington state department of transportation.


             Sec. 606. RCW 43.19.1906 and 1995 c 269 s 1404 are each amended to read as follows:

             Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:

             (1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;

             (2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars, if warranted by increases in purchasing costs due to inflationary trends;

             (3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;

             (4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;

             (5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;

             (6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;

             (7) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between two thousand five hundred dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between two thousand five hundred dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from two thousand five hundred to thirty-five thousand dollars shall be documented for audit purposes; and

             (8) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck operators to provide roving service patrols in one or more Washington state patrol tow zones whereby those registered tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by the parties.

             Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.


             Sec. 607. RCW 88.16.090 and 1995 c 175 s 1 are each amended to read as follows:

             (1) A person may pilot any vessel subject to the provisions of this chapter on waters covered by this chapter only if appointed and licensed to pilot such vessels on said waters under and pursuant to the provisions of this chapter.

             (2) A person is eligible to be appointed a pilot if the person is a citizen of the United States, over the age of twenty-five years and under the age of seventy years, a resident of the state of Washington at the time of appointment and only if the pilot applicant holds as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than one thousand six hundred gross tons or as a master of inland steam or motor vessels of not more than one thousand six hundred gross tons, such license to have been held by the applicant for a period of at least two years prior to taking the Washington state pilotage examination and a first class United States endorsement without restrictions on that license to pilot in the pilotage districts for which the pilot applicant desires to be licensed, and if the pilot applicant meets such other qualifications as may be required by the board. A person applying for a license under this section shall not have been convicted of an offense involving drugs or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction does not apply to license renewals under this section.

             (3) Pilots shall be licensed hereunder for a term of five years from and after the date of the issuance of their respective state licenses. Such licenses shall thereafter be renewed as of course, unless the board shall withhold same for good cause. Each pilot shall pay to the state treasurer an annual license fee as follows: For the period beginning July 1, 1995, through June 30, ((1999)) 2001, the fee shall be two thousand five hundred dollars; and for the period beginning July 1, ((1999)) 2001, the fee shall be three thousand dollars. The fees shall be deposited in the state treasury to the credit of the pilotage account. The board may assess partially active or inactive pilots a reduced fee.

             (4) Pilot applicants shall be required to pass a written and oral examination administered and graded by the board which shall test such applicants on this chapter, the rules of the board, local harbor ordinances, and such other matters as may be required to compliment the United States examinations and qualifications. The board shall hold examinations at such times as will, in the judgment of the board, ensure the maintenance of an efficient and competent pilotage service. An examination shall be scheduled for the Puget Sound pilotage district if there are three or fewer successful candidates from the previous examination who are waiting to become pilots in that district.

             (5) The board shall develop an examination and grading sheet for each pilotage district, for the testing and grading of pilot applicants. The examinations shall be administered to pilot applicants and shall be updated as required to reflect changes in law, rules, policies, or procedures. The board may appoint a special independent examination committee or may contract with a firm knowledgeable and experienced in the development of professional tests for development of said examinations. Active licensed state pilots may be consulted for the general development of examinations but shall have no knowledge of the specific questions. The pilot members of the board may participate in the grading of examinations. If the board does appoint a special examination development committee it is authorized to pay the members of said committee the same compensation and travel expenses as received by members of the board. When grading examinations the board shall carefully follow the grading sheet prepared for that examination. The board shall develop a "sample examination" which would tend to indicate to an applicant the general types of questions on pilot examinations, but such sample questions shall not appear on any actual examinations. Any person who willfully gives advance knowledge of information contained on a pilot examination is guilty of a gross misdemeanor.

             (6) All pilots and applicants are subject to an annual physical examination by a physician chosen by the board. The physician shall examine the applicant's heart, blood pressure, circulatory system, lungs and respiratory system, eyesight, hearing, and such other items as may be prescribed by the board. After consultation with a physician and the United States coast guard, the board shall establish minimum health standards to ensure that pilots licensed by the state are able to perform their duties. Within ninety days of the date of each annual physical examination, and after review of the physician's report, the board shall make a determination of whether the pilot or candidate is fully able to carry out the duties of a pilot under this chapter. The board may in its discretion check with the appropriate authority for any convictions of offenses involving drugs or the personal consumption of alcohol in the prior twelve months.

             (7) The board shall prescribe, pursuant to chapter 34.05 RCW, a number of familiarization trips, between a minimum number of twenty-five and a maximum of one hundred, which pilot applicants must make in the pilotage district for which they desire to be licensed. Familiarization trips any particular applicant must make are to be based upon the applicant's vessel handling experience.

             (8) The board may require vessel simulator training for a pilot applicant and shall require vessel simulator training for a pilot subject to RCW 88.16.105. The board shall also require vessel simulator training in the first year of active duty for a new pilot and at least once every five years for all active pilots.

             (9) The board shall prescribe, pursuant to chapter 34.05 RCW, such reporting requirements and review procedures as may be necessary to assure the accuracy and validity of license and service claims, and records of familiarization trips of pilot candidates. Willful misrepresentation of such required information by a pilot candidate shall result in disqualification of the candidate.

             (10) The board shall adopt rules to establish time periods and procedures for additional training trips and retesting as necessary for pilots who at the time of their licensing are unable to become active pilots.


             Sec. 608. RCW 36.78.070 and 1993 c 65 s 3 are each amended to read as follows:

             The county road administration board shall:

             (1) Establish by rule, standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads;

             (2) Establish reporting requirements for counties with respect to the standards of good practice adopted by the board;

             (3) Receive and review reports from counties and reports from its executive director to determine compliance with legislative directives and the standards of good practice adopted by the board;

             (4) Advise counties on issues relating to county roads and the safe and efficient movement of people and goods over county roads and assist counties in developing uniform and efficient transportation-related information technology resources;

             (5) Report annually before the fifteenth day of January, and throughout the year as appropriate, to the state department of transportation and to the chairs of the legislative transportation committee and the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each county, including one copy to the staff of each of the committees. The annual report shall contain recommendations for improving administration of the county road programs;

             (6) Administer the rural arterial program established by chapter 36.79 RCW and the program funded by the county arterial preservation ((program)) account established by RCW ((46.68.095)) 46.68.090, as well as any other programs provided for in law.


             Sec. 609. RCW 46.68.090 and 1994 c 225 s 2 and 1994 c 179 s 3 are each reenacted and amended to read as follows:

             (1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for ((the following)) purposes((:)) enumerated in (a) and (b) of this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in the proportions set forth in (c) through (l) of this subsection.

             (a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;

             (b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly;

             (c) ((From April 1, 1992, through March 31, 1996, for distribution to the transfer relief account, hereby created in the motor vehicle fund, an amount not to exceed three hundred twenty-five one-thousandths of one percent;

             (d) For distribution to the rural arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(2) and 46.68.095(3);

             (e) For distribution to the urban arterial trust account in the motor vehicle fund, an amount as provided in RCW 46.68.100(4) and 82.36.025(3);

             (f) For distribution to the transportation improvement account in the motor vehicle fund, an amount as provided in RCW 46.68.095(1);

             (g) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(2);

             (h) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(4);

             (i) For distribution to the motor vehicle fund to be allocated to cities and towns as provided in RCW 46.68.110, an amount as provided in RCW 46.68.095(5);

             (j) For distribution to the motor vehicle fund to be allocated to counties as provided in RCW 46.68.120, an amount as provided in RCW 46.68.095(6);

             (k) For expenditure for highway purposes of the state as defined in RCW 46.68.130, an amount as provided in RCW 82.36.025(4) and 46.68.095(7);

             (l) From July 1, 1994, through June 30, 1995, for distribution to the gasohol exemption holding account, hereby created in the motor vehicle fund, an amount equal to five and thirty-four one-hundredths of one percent of the amount available prior to distributions provided under (a) through (k) of this subsection, to be used only for highway construction;

             (m) For distribution to the small city account, hereby created in the motor vehicle fund, an amount as provided for in RCW 46.68.095(1), 46.68.100(9), and 82.36.025(3).

             (2) The amount accruing to the motor vehicle fund by virtue of the motor vehicle fuel tax and the special fuel tax and remaining after payments, distributions, and expenditures as provided in this section shall, for the purposes of this chapter, be referred to as the "net tax amount.")) For distribution to the motor vehicle fund an amount equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;

             (d) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.

             The following criteria, listed in order of priority, shall be used in determining which special category C projects have the highest priority:

             (i) Accident experience;

             (ii) Fatal accident experience;

             (iii) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and

             (iv) Continuity of development of the highway transportation network.

             Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (1)(d);

             (e) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent;

             (f) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent;

             (g) For distribution to the urban arterial trust account in the motor vehicle fund an amount equal to 7.5597 percent;

             (h) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent and expended in accordance with RCW 47.26.086;

             (i) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent in accordance with RCW 46.68.110;

             (j) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of which there shall be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;

             (k) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent. These funds shall be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and shall be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board shall adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;

             (l) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent and expended in accordance with RCW 36.79.020.

             (2) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on motor vehicle fuel and special fuels.


             Sec. 610. RCW 46.68.110 and 1996 c 94 s 1 are each amended to read as follows:

             Funds credited to the incorporated cities and towns of the state as set forth in RCW ((46.68.100(1))) 46.68.090(1)(i) shall be subject to deduction and distribution as follows:

             (1) One and one-half percent of such sums shall be deducted monthly as such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and town streets thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any moneys so retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein made;

             (2) Thirty-three one-hundredths of one percent of such funds shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies. Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;

             (3) One percent of such funds shall be deducted monthly, as such funds accrue, to be deposited in the ((city hardship assistance)) urban arterial trust account, ((hereby created in the motor vehicle fund,)) to implement the city hardship assistance program, as provided in RCW 47.26.164. However, any moneys so retained and not required to carry out the program as of ((July 1, 1996, and)) July 1st of each odd-numbered year thereafter, shall be provided within sixty days to the treasurer and distributed in the manner prescribed in subsection (((4))) (5) of this section;

             (4) 31.86 percent of the fuel tax distributed to the cities and towns in RCW 46.68.090(1)(i) shall be allocated to the incorporated cities and towns in the manner set forth in subsection (5) of this section and subject to deductions in subsections (1), (2), and (3) of this section, subject to RCW 35.76.050, to be used exclusively for: The construction, improvement, chip sealing, seal-coating, and repair for arterial highways and city streets as those terms are defined in RCW 46.04.030 and 46.04.120; the maintenance of arterial highways and city streets for those cities with a population of less than fifteen thousand; or the payment of any municipal indebtedness which may be incurred in the construction, improvement, chip sealing, seal-coating, and repair of arterial highways and city streets; and

             (5) The balance remaining to the credit of incorporated cities and towns after such deduction shall be apportioned monthly as such funds accrue among the several cities and towns within the state ratably on the basis of the population last determined by the office of financial management.


             Sec. 611. RCW 46.68.130 and 1981 c 342 s 11 are each amended to read as follows:

             The ((net)) tax amount distributed to the state in the manner provided by RCW ((46.68.100)) 46.68.090, and all moneys accruing to the motor vehicle fund from any other source, less such sums as are properly appropriated and reappropriated for expenditure for costs of collection and administration thereof, shall be expended, subject to proper appropriation and reappropriation, solely for highway purposes of the state, including the purposes of RCW 47.30.030. For the purposes of this section, the term "highway purposes of the state" does not include those expenditures of the Washington state patrol heretofore appropriated or reappropriated from the motor vehicle fund. Nothing in this section or in RCW 46.68.090 may be construed so as to violate terms or conditions contained in highway construction bond issues authorized by statute as of the effective date of this section or thereafter and whose payment is, by the statute, pledged to be paid from excise taxes on motor vehicle fuel and special fuels.


             Sec. 612. RCW 47.26.405 and 1977 ex.s. c 317 s 17 are each amended to read as follows:

             Any funds required to repay such bonds, or the interest thereon when due shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state under the provisions of RCW ((46.68.100(6) as now or hereafter amended)) 46.68.090(1)(c) for construction of state highways in urban areas, and shall never constitute a charge against any allocations of any other such funds to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise taxes on motor vehicle and special fuels and available to the state for construction of state highways in urban areas proves insufficient to meet the requirements for bond retirement or interest on any such bonds.


             Sec. 613. RCW 47.26.425 and 1994 c 179 s 22 are each amended to read as follows:

             Any funds required to repay the first authorization of two hundred million dollars of bonds authorized by RCW 47.26.420, as amended by section 18, chapter 317, Laws of 1977 ex. sess. or the interest thereon when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the urban arterial trust account in the motor vehicle fund ((and the certain sums received by the small city account in the motor vehicle fund imposed by)) pursuant to RCW ((82.36.025(3) and 46.68.100(9))) 46.68.090(1)(g), and shall never constitute a charge against any allocations of any other such funds in the motor vehicle fund to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise tax on motor vehicle and special fuels and distributed to the urban arterial trust account ((and the small city account)) proves insufficient to meet the requirements for bond retirement or interest on any such bonds.


             Sec. 614. RCW 47.26.4252 and 1995 c 274 s 12 are each amended to read as follows:

             Any funds required to repay the authorization of series II bonds authorized by RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979, or the interest thereon when due, shall first be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW and which is distributed to the urban arterial trust account in the motor vehicle fund ((and the certain sums received by the small city account in the motor vehicle fund imposed by)) pursuant to RCW ((82.36.025(3) and 46.68.100(9))) 46.68.090(1)(g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979. If the moneys distributed to the urban arterial trust account ((and the small city account)) shall ever be insufficient to repay the first authorization bonds together with interest thereon, and the series II bonds or the interest thereon when due, the amount required to make such payments on such bonds or interest thereon shall next be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state, counties, cities, and towns pursuant to RCW ((46.68.100 as now existing or hereafter amended)) 46.68.090. Any payments on such bonds or interest thereon taken from motor vehicle or special fuel tax revenues which are distributable to the state, counties, cities, and towns, shall be repaid from the first moneys distributed to the urban arterial trust account not required for redemption of the first authorization bonds or series II and series III bonds or interest on those bond issues.


             Sec. 615. RCW 47.26.4254 and 1995 c 274 s 13 are each amended to read as follows:

             (1) Any funds required to repay series III bonds authorized by RCW 47.26.420, or the interest thereon, when due shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW and that is distributed to the urban arterial trust account in the motor vehicle fund ((and the certain sums received by the small city account in the motor vehicle fund imposed by)) pursuant to RCW ((82.36.025(3) and 46.68.100(9))) 46.68.090(1)(g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420. If the moneys so distributed to the urban arterial trust account ((and the small city account)), after first being applied to administrative expenses of the transportation improvement board and to the requirements of bond retirement and payment of interest on first authorization bonds and series II bonds as provided in RCW 47.26.425 and 47.26.4252, are insufficient to meet the requirements for bond retirement or interest on any series III bonds, the amount required to make such payments on series III bonds or interest thereon shall next be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the state, counties, cities, and towns pursuant to RCW ((46.68.100)) 46.68.090, subject, however, to subsection (2) of this section.

             (2) To the extent that moneys so distributed to the urban arterial trust account ((and the small city account)) are insufficient to meet the requirements for bond retirement or interest on any series III bonds, sixty percent of the amount required to make such payments when due shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the state. The remaining forty percent shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the cities and towns pursuant to RCW ((46.68.100(1))) 46.68.090(1)(i) and to the counties pursuant to RCW ((46.68.100(3). Of the counties', cities', and towns' share of any additional amounts required in the fiscal year ending June 30, 1984, fifteen percent shall be taken from the counties' distributive share and eighty-five percent from the cities' and towns' distributive share)) 46.68.090(1)(j). Of the counties', cities', and towns' share of any additional amounts required in each fiscal year ((thereafter)), the percentage thereof to be taken from the counties' distributive share and from the cities' and towns' distributive share shall correspond to the percentage of funds authorized for specific county projects and for specific city and town projects, respectively, from the proceeds of series III bonds, for the period through the first eleven months of the prior fiscal year as determined by the chairman of the transportation improvement board and reported to the state finance committee and the state treasurer not later than the first working day of June.

             (3) Any payments on such bonds or interest thereon taken from motor vehicle or special fuel tax revenues that are distributable to the state, counties, cities, and towns shall be repaid from the first moneys distributed to the urban arterial trust account ((and the small city account)) not required for redemption of the first authorization bonds, series II bonds, or series III bonds or interest on these bonds.


             Sec. 616. RCW 47.26.505 and 1994 c 179 s 29 are each amended to read as follows:

             Any funds required to repay such bonds, or the interest thereon when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the transportation improvement account in the motor vehicle fund ((and the sums received by the small city account in the motor vehicle fund)) under RCW ((46.68.095)) 46.68.090, and shall never constitute a charge against any allocations of any other such funds in the motor vehicle fund to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise tax on motor vehicle and special fuels and distributed to the transportation improvement account proves insufficient to meet the requirements for bond retirement or interest on any such bonds.


             Sec. 617. RCW 47.30.030 and 1979 ex.s. c 121 s 1 are each amended to read as follows:

             Where an existing highway severs, or where the right of way of an existing highway accommodates a trail for pedestrians, equestrians, or bicyclists or where the separation of motor vehicle traffic from pedestrians, equestrians, or bicyclists will materially increase the motor vehicle safety, the provision of facilities for pedestrians, equestrians, or bicyclists which are a part of a comprehensive trail plan adopted by federal, state, or local governmental authority having jurisdiction over the trail is hereby authorized. The department of transportation, or the county or city having jurisdiction over the highway, road, or street, or facility is further authorized to expend reasonable amounts out of the funds made available to them, according to the provisions of RCW ((46.68.100)) 46.68.090, as necessary for the planning, accommodation, establishment, and maintenance of such facilities.


             Sec. 618. RCW 47.30.050 and 1979 ex.s. c 121 s 2 are each amended to read as follows:

             (1) The amount expended by a city, town, or county as authorized by RCW 47.30.030((, as now or hereafter amended,)) shall never in any one fiscal year be less than ((one-half of one)) 0.42 percent of the total amount of funds received from the motor vehicle fund according to ((the provisions of)) RCW ((46.68.100: PROVIDED, That)) 46.68.090. However, this section does not apply to a city or town in any year in which the ((one-half of one)) 0.42 percent equals five hundred dollars or less, or to a county in any year in which the ((one-half of one)) 0.42 percent equals three thousand dollars or less((: PROVIDED FURTHER, That)). Also, a city, town, or county in lieu of expending the funds each year may credit the funds to a financial reserve or special fund, to be held for not more than ten years, and to be expended for the purposes required or permitted by RCW 47.30.030.

             (2) In each fiscal year the department of transportation shall expend, as a minimum, for the purposes mentioned in RCW 47.30.030((, as now or hereafter amended,)) a sum equal to three-tenths of one percent of all funds, both state and federal, expended for the construction of state highways in such year, or in order to more efficiently program trail improvements the department may defer any part of such minimum trail or path expenditures for a fiscal year for a period not to exceed four years after the end of such fiscal year. Any fiscal year in which the department expends for trail or path purposes more than the minimum sum required by this subsection, the amount of such excess expenditure shall constitute a credit which may be carried forward and applied to the minimum trail and path expenditure requirements for any of the ensuing four fiscal years.

             (3) The department of transportation, a city, or a county in computing the amount expended for trails or paths under their respective jurisdictions may include the cost of improvements consistent with a comprehensive plan or master plan for bicycle trails or paths adopted by a state or local governmental authority either prior to such construction or prior to January 1, 1980.


             Sec. 619. RCW 47.56.725 and 1991 c 310 s 1 are each amended to read as follows:

             (1) The department is hereby authorized to enter into a continuing agreement with Pierce, Skagit, and Whatcom counties pursuant to which the department shall, from time to time, direct the distribution to each of the counties the amounts authorized in subsection (2) of this section in accordance with RCW ((46.68.100)) 46.68.090.

             (2) The department is authorized to include in each agreement a provision for the distribution of funds to each county to reimburse the county for fifty percent of the deficit incurred during each previous fiscal year in the operation and maintenance of the ferry system owned and operated by the county. The total amount to be reimbursed to Pierce, Skagit, and Whatcom counties collectively shall not exceed one million dollars in any biennium. Each county agreement shall contain a requirement that the county shall maintain tolls on its ferries at least equal to tolls in place on January 1, 1990.

             (3) The annual fiscal year operating and maintenance deficit, if any, shall be determined by Pierce, Skagit, and Whatcom counties subject to review and approval of the department. The annual fiscal year operating and maintenance deficit is defined as the total of operations and maintenance expenditures less the sum of ferry toll revenues and that portion of fuel tax revenue distributions which are attributable to the county ferry as determined by the department. Distribution of the amounts authorized by subsection (2) of this section by the state treasurer shall be directed by the department upon the receipt of properly executed vouchers from each county.

             (4) The county road administration board may evaluate requests by Pierce, Skagit, Wahkiakum, and Whatcom counties for county ferry capital improvement funds. The board shall evaluate the requests and, if approved by a majority of the board, submit the requests to the legislature for funding out of the amounts available under RCW ((46.68.100(3))) 46.68.090(1)(j). Any county making a request under this subsection shall first seek funding through the public works trust fund, or any other available revenue source, where appropriate.


             Sec. 620. RCW 47.56.750 and 1995 c 274 s 16 are each amended to read as follows:

             There is hereby created in the highway bond retirement fund in the state treasury a special account to be known as the Columbia river toll bridge account into which shall be deposited any capitalized interest from the proceeds of the bonds, and at least monthly all of the tolls and other revenues received from the operation of the toll bridge and from any interest which may be earned from the deposit or investment of these revenues after the payment of costs of operation, maintenance, management, and necessary repairs of the facility. The principal of and interest on the bonds shall be paid first from money deposited in the Columbia river toll bridge account in the highway bond retirement fund, and then, to the extent that money deposited in that account is insufficient to make any such payment when due, from the state excise taxes on motor vehicle and special fuels deposited in the highway bond retirement fund. There is hereby pledged the proceeds of state excise taxes on motor vehicle and special fuels imposed under chapters 82.36 and 82.38 RCW to pay the bonds and interest thereon, and the legislature hereby agrees to continue to impose the same excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on the bonds if the money deposited in the Columbia river toll bridge account of the highway bond retirement fund is insufficient to make such payments. Not less than fifteen days prior to the date any interest or principal and interest payments are due, the state finance committee shall certify to the state treasurer such amount of additional moneys as may be required for debt service, and the treasurer shall thereupon transfer from the motor vehicle fund such amount from the proceeds of such excise taxes into the highway bond retirement fund. Any proceeds of such excise taxes required for these purposes shall first be taken from that portion of the motor vehicle fund which results from the imposition of the excise taxes on motor vehicle and special fuels and which is distributed to the state. If the proceeds from the excise taxes distributed to the state are ever insufficient to meet the required payments on principal or interest on the bonds when due, the amount required to make the payments on the principal or interest shall next be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state, counties, cities, and towns pursuant to RCW ((46.68.100 as now existing or hereafter amended)) 46.68.090. Any payments of the principal or interest taken from the motor vehicle or special fuel tax revenues which are distributable to the counties, cities, and towns shall be repaid from the first moneys distributed to the state not required for redemption of the bonds or interest thereon. The legislature covenants and pledges that it shall at all times provide sufficient revenues from the imposition of such excise taxes to pay the principal and interest due on the bonds.


             Sec. 621. RCW 47.56.771 and 1995 c 274 s 17 are each amended to read as follows:

             (1) The refunding bonds authorized under RCW 47.56.770 shall be general obligation bonds of the state of Washington and shall be issued in a total principal amount not to exceed fifteen million dollars. The exact amount of refunding bonds to be issued shall be determined by the state finance committee after calculating the amount of money deposited with the trustee for the bonds to be refunded which can be used to redeem or defease outstanding toll bridge authority, ferry, and Hood Canal bridge revenue bonds after the setting aside of sufficient money from that fund to pay the first interest installment on the refunding bonds. The refunding bonds shall be serial in form maturing at such time, in such amounts, having such denomination or denominations, redemption privileges, and having such terms and conditions as determined by the state finance committee. The last maturity date of the refunding bonds shall not be later than January 1, 2002.

             (2) The refunding bonds shall be signed by the governor and the state treasurer under the seal of the state, which signatures shall be made manually or in printed facsimile. The bonds shall be registered in the name of the owner in accordance with chapter 39.46 RCW. The refunding bonds shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state, and shall contain an unconditional promise to pay the principal thereof and the interest thereon when due. The refunding bonds shall be fully negotiable instruments.

             (3) The principal and interest on the refunding bonds shall be first payable in the manner provided in this section from the proceeds of state excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW.

             (4) The principal of and interest on the refunding bonds shall be paid first from the state excise taxes on motor vehicle and special fuels deposited in the ferry bond retirement fund. There is hereby pledged the proceeds of state excise taxes on motor vehicle and special fuels imposed under chapters 82.36 and 82.38 RCW to pay the refunding bonds and interest thereon, and the legislature hereby agrees to continue to impose the same excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on the refunding bonds. Not less than fifteen days prior to the date any interest or principal and interest payments are due, the state finance committee shall certify to the state treasurer such amount of additional money as may be required for debt service, and the treasurer shall thereupon transfer from the motor vehicle fund such amount from the proceeds of such excise taxes into the ferry bond retirement fund. Any proceeds of such excise taxes required for these purposes shall first be taken from that portion of the motor vehicle fund which results from the imposition of the excise taxes on motor vehicle and special fuels and which is distributed to the Puget Sound capital construction account. If the proceeds from excise taxes distributed to the state are ever insufficient to meet the required payments on principal or interest on the refunding bonds when due, the amount required to make the payments on the principal or interest shall next be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state, counties, cities, and towns pursuant to RCW ((46.68.100 as now existing or hereafter amended)) 46.68.090. Any payments of the principal or interest taken from the motor vehicle or special fuel tax revenues which are distributable to the counties, cities, and towns shall be repaid from the first money distributed to the state not required for redemption of the refunding bonds or interest thereon. The legislature covenants that it shall at all times provide sufficient revenues from the imposition of such excise taxes to pay the principal and interest due on the refunding bonds.


             Sec. 622. RCW 47.60.420 and 1990 c 42 s 407 are each amended to read as follows:

             To the extent that all revenues from the Washington state ferry system available therefor are insufficient to provide for the payment of principal and interest on the bonds authorized and issued under RCW 47.60.400 through ((47.60.470)) 47.60.450 and for sinking fund requirements established with respect thereto and for payment into such reserves as the department has established with respect to the securing of the bonds, there is imposed a first and prior charge against the Puget Sound capital construction account of the motor vehicle fund created by RCW 47.60.505 and, to the extent required, against all revenues required by RCW ((46.68.100)) 46.68.090 to be deposited in the Puget Sound capital construction account.

             To the extent that the revenues from the Washington state ferry system available therefor are insufficient to meet required payments of principal and interest on bonds, sinking fund requirements, and payments into reserves, the department shall use moneys in the Puget Sound capital construction account for such purpose.


             Sec. 623. RCW 82.36.025 and 1994 c 179 s 30 are each amended to read as follows:

             ((The motor vehicle fuel tax rate shall be computed as the sum of the tax rate provided in subsection (1) of this section and the additional tax rates provided in subsections (2) through (5) of this section.

             (1))) A motor vehicle fuel tax rate of ((seventeen)) twenty-three cents per gallon shall apply to the sale, distribution, or use of motor vehicle fuel.

             (((2) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the rural arterial trust account in the motor vehicle fund for expenditures under RCW 36.79.020.

             (3) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the urban arterial trust account in the motor vehicle fund. After June 30, 1995, ninety-five percent of this revenue shall be deposited in the urban arterial trust account in the motor vehicle fund and five percent shall be deposited in the small city account in the motor vehicle fund.

             (4) An additional motor vehicle fuel tax rate of one-third cent per gallon shall be applied to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130.

             (5) An additional motor vehicle fuel tax rate of four cents per gallon from April 1, 1990, through March 31, 1991, and five cents per gallon from April 1, 1991, applies to the sale, distribution, or use of motor vehicle fuel. The proceeds from the additional tax rate under this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to RCW 46.68.095.))


             NEW SECTION. Sec. 624. The following acts or parts of acts are each repealed:

             (1). RCW 46.68.095 (Distribution of additional state-wide taxes) and 1994 c 179 s 4 & 1990 c 42 s 103;

             (2). RCW 46.68.100 (Allocation of net tax amount in motor vehicle fund) and 1994 c 179 s 5, 1991 c 310 s 2, 1986 c 66 s 1, 1984 c 7 s 73, 1977 ex.s. c 317 s 9, 1977 c 51 s 1, 1975-'76 2nd ex.s. c 57 s 1, 1973 1st ex.s. c 124 s 1, 1972 ex.s. c 24 s 2, 1970 ex.s. c 85 s 4, 1967 ex.s. c 145 s 79, 1967 ex.s. c 83 s 8, 1961 ex.s. c 7 s 6, & 1961 c 12 s 46.68.100;

             (3). RCW 46.68.115 (Allocation and use of amounts distributed to cities and towns) and 1987 c 234 s 1, 1983 c 43 s 1, & 1977 ex.s. c 317 s 10;

             (4). RCW 46.68.150 (Construction and improvements in urban areas--Expenditure of motor vehicle fuel taxes and bond proceeds) and 1984 c 7 s 74, 1977 ex.s. c 317 s 11, & 1967 ex.s. c 83 s 9;

             (5). RCW 47.26.060 (Apportionment of funds to regions--Manner and basis--Biennial adjustment) and 1981 c 315 s 1 & 1967 ex.s. c 83 s 12;

             (6). RCW 47.26.070 (Apportioned funds budgeted and expended for projects in urban areas--Priority programming--Long-range objectives) and 1984 c 7 s 154 & 1967 ex.s. c 83 s 13; and

             (7). RCW 47.26.410 (Expenditures from fuel taxes and bond proceeds for urban state highways in excess of amount apportionable to a region authorized) and 1984 c 7 s 162 & 1967 ex.s. c 83 s 44.


             NEW SECTION. Sec. 625. The following bills, as enacted in the form passed by the legislature, are necessary to implement portions of this act: House Bill Nos. 1053, 1147, 1304, 1466, 1588, 2201, 2245, and 2259 and Senate Bill Nos. 5060, 5283, 5360, 5605, 5615, 5955, 6030, and 6068.


             NEW SECTION. Sec. 626. 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. 627. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.


             On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 43.19.1906, 88.16.090, 36.78.070, 46.68.110, 46.68.130, 47.26.405, 47.26.425, 47.26.4252, 47.26.4254, 47.26.505, 47.30.030, 47.30.050, 47.56.725, 47.56.750, 47.56.771, 47.60.420, and 82.36.025; amending 1997 c 457 ss 110, 204, 215, 223, 303, and 403 (uncodified); amending 1998 c 348 ss 203, 205, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 402, and 404 (uncodified); reenacting and amending RCW 46.68.090; adding a new section to 1997 c 457 (uncodified); creating new sections; repealing RCW 46.68.095, 46.68.100, 46.68.115, 46.68.150, 47.26.060, 47.26.070, and 47.26.410; repealing 1997 c 457 s 502 (uncodified); repealing 1997 c 457 s 514 (uncodified); repealing 1997 c 457 s 515 (uncodified); making appropriations; and declaring an emergency."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1125 and asked the Senate to recede therefrom.


             Speaker Ballard assumed the chair.


             There being no objection, the House advanced to the eleventh order of business.


             There being no objection, the House adjourned until 10:00 a.m., Wednesday, April 21, 1999, the 101st Legislative Day.

 

TIMOTHY A. MARTIN, Chief Clerk                                                         CLYDE BALLARD, Speaker

DEAN R. FOSTER, Chief Clerk                                                                 FRANK CHOPP, Speaker


1011

Governor's Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1018

Governor's Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1075 (Sub)

Governor's Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1092

Governor's Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1106

Governor's Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1125 (Sub)

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

1132 (2nd Sub)

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

1139

Governor's Action. . . . . . . . . . . . . . . . . . . .