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ONE HUNDRED AND FIFTH DAY





MORNING SESSION


House Chamber, Olympia, Sunday, April 25, 1999


             The House was called to order at 9:30 a.m. by Speaker Pro Tempore Ogden. 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 Rachael Grove and Derek Willis. Prayer was offered by Speaker Clyde Ballard.


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


             Speaker Chopp assumed the chair.


SIGNED BY THE SPEAKERS


             The Speakers announced they were signing:


SUBSTITUTE HOUSE BILL NO. 1250,

HOUSE CONCURRENT RESOLUTION NO. 4412,


POINT OF PERSONAL PRIVILEGE


             Representative Lisk updated the Chamber on Speaker Ballard's condition. Having had chest pains, Speaker Ballard drove himself to the hospital where he was admitted for a battery of tests. He was expected to spend only one night in the hospital.


POINT OF PERSONAL PRIVILEGE


             Representative Kessler voiced the Chamber's concern for Speaker Ballard and asked that he be kept in the hearts and minds of the Chamber and all House staff.


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


SECOND READING


MOTION


             On motion of Representative Lisk, Speaker Ballard was excused. On motion of Representative Wolfe, Representative Quall was excused.


             ENGROSSED SUBSTITUTE SENATE BILL NO. 5180, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, West, Brown and Winsley; by request of Governor Locke)

 

Making operating appropriations.


             The bill was read the second time.


             Representative Radcliff moved the adoption of amendment (342):


             On page 2, line 28, increase the general fund-state appropriation for fiscal year 2000 by $2,500,000


             On page 2, line 32, correct the total accordingly


             On page 3, after line 5, insert the following:

             "(3) $2,500,000 of the general fund--state appropriation for fiscal year 2000 shall be provided solely for a special legislative session in the event of general fund expenditures in excess of the spending limit established by chapter 43.135 RCW (I-601)."


             On page 3, line 7, increase the general fund-state appropriation for fiscal year 2000 by $2,500,000


             On page 3, line 11, correct the total accordingly


             On page 3, after line 26, insert the following:

             "(4) $2,500,000 of the general fund--state appropriation for fiscal year 2000 shall be provided solely for a special legislative session in the event of general fund expenditures in excess of the spending limit established by chapter 43.135 RCW (I-601).


             Representative Radcliff spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             The amendment was not adopted.


             There being no objection, amendment 328 was withdrawn.


             Representative Lambert moved the adoption of the following amendment (271):


             On page 8, line 5, increase the public safety and education account appropriation by $25,000


             On page 8, after line 17, insert the following: "(4)$ 25,000 of the public safety and education account appropriation is provided solely for the implementation of Substitute Senate Bill No. 5744 (regarding providing for the representation of parties in child dependency and termination proceedings). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse."


             Representative Lambert spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Skinner moved the adoption of the following amendment (330):


             On page 8, line 19, decrease the general fund-state appropriation for fiscal year 2000 by $402,000


             On page 8, line 20, decrease the general fund-state appropriation for fiscal year 2001 by $402,000


             On page 8, line 23, correct the total accordingly


             On page 146, line 9, reduce the general fund--state appropriation for fiscal year 2000 by $170,000


             On page 146, line 10, reduce the general fund--state appropriation for fiscal year 2001 by $170,000


             On page 146, line 11, correct the total accordingly


             On page 156, line 17, decrease the general fund-state appropriation for fiscal year 2000 by $442,000


             On page 156, line 18, decrease the general fund-state appropriation for fiscal year 2001 by $443,000


             On page 156, line 21, correct the total accordingly


             On page 31, line 32, decrease the general fund--state appropriation for fiscal year 2000 by $368,000


             On page 31, line 33, decrease the general fund--state appropriation for fiscal year 2001 by $369,000


             On page 32, line 3, correct total accordingly

 

             On page 34, line 12, strike "$2,311,000" and insert "1,943,000"


             On page 34, line 13, strike "$2,370,000" and insert "2,001,000"


             On page 69, line 22, decrease the general fund--state appropriation for fiscal year 2000 by $500,000.


             On page 70, line 32, correct total accordingly


             On page 71, beginning on line 29, strike all material through line 2 on page 72


             On page 14, line 32, decrease the general fund--state appropriation for fiscal year 2000 by $500,000


             On page 15, line 18, correct total accordingly


             On page 19, strike lines 11 through 16. Renumber remaining subsections consecutively


             On page 149, after line 3, insert the following:

"General Fund--State Appropriation (FY 2000)..$746,000

General Fund--State Appropriation (FY 2001)..$746,000

             TOTAL APPROPRIATION...$2,932,000"


             On page 149, after line 19, insert the following:

"General Fund--State Appropriation (FY 2000)..$497,000

General Fund--State Appropriation (FY 2001)..$498,000

             TOTAL APPROPRIATION...$1,955,000"


             On page 160, line 33, increase the County Criminal Justice Assistance Account amount by $1,492,000


             On page 161, line 1, correct the total accordingly


             Representative Skinner spoke in favor of the adoption of the amendment.


             Representative Gombosky spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment (330) to Engrossed Substitute Senate Bill No. 5180


ROLL CALL


             The Clerk called the roll on the adoption of the amendment (330) to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 46.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McDonald, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Thomas moved the adoption of the following amendment (331):


             On page 8, line 19, decrease the general fund-state appropriation for fiscal year 2000 by $402,000


             On page 8, line 20, decrease the general fund-state appropriation for fiscal year 2001 by $402,000


             On page 8, line 23, correct the total accordingly


             On page 74, line 21, increase the general fund-state appropriation for fiscal year 2000 by $402,000


             On page 74, line 22, increase the general fund-state appropriation for fiscal year 2001 by $402,000


             On page 74, line 36, correct the total accordingly


             Representative(s) Thomas, Pennington, DeBolt and Huff spoke in favor of the adoption of the amendment.


             Representative(s) Regala and H. Sommers spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment (331) to Engrossed Substitute Senate Bill No. 5180


ROLL CALL


             The Clerk called the roll on the adoption of the amendment (331) to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 49.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Skinner moved the adoption of amendment (349):


             On page 8, line 19, decrease the general fund-state appropriation for fiscal year 2000 by $402,000


             On page 8, line 20, decrease the general fund-state appropriation for fiscal year 2001 by $402,000


             On page 8, line 23, correct the total accordingly


             On page 146, line 9, reduce the general fund--state appropriation for fiscal year 2000 by $170,000


             On page 146, line 10, reduce the general fund--state appropriation for fiscal year 2001 by $170,000


             On page 146, line 11, correct the total accordingly


             On page 156, line 17, decrease the general fund-state appropriation for fiscal year 2000 by $442,000


             On page 156, line 18, decrease the general fund-state appropriation for fiscal year 2001 by $443,000


             On page 156, line 21, correct the total accordingly


             On page 31, line 32, decrease the general fund--state appropriation for fiscal year 2000 by $368,000


             On page 31, line 33, decrease the general fund--state appropriation for fiscal year 2001 by $369,000


             On page 32, line 3, correct total accordingly

 

             On page 34, line 12, strike "$2,311,000" and insert "1,943,000"


             On page 34, line 13, strike "$2,370,000" and insert "2,001,000"


             On page 69, line 22, decrease the general fund--state appropriation for fiscal year 2000 by $500,000.


             On page 70, line 32, correct total accordingly


             On page 71, beginning on line 29, strike all material through line 2 on page 72


             On page 149, after line 3, insert the following:

"General Fund--State Appropriation (FY 2000)..$746,000

General Fund--State Appropriation (FY 2001)..$746,000

             TOTAL APPROPRIATION...$2,932,000"


             On page 149, after line 19, insert the following:

"General Fund--State Appropriation (FY 2000)..$497,000

General Fund--State Appropriation (FY 2001)..$498,000

             TOTAL APPROPRIATION...$1,955,000"


             On page 160, line 33, increase the County Criminal Justice Assistance Account amount by $1,492,000


             On page 161, line 1, correct the total accordingly


             Representative Skinner spoke in favor of the adoption of the amendment.


             Representative Doumit spoke against the adoption of the amendment.


             Division was demanded. Speaker Chopp divided the House. The results of the division was 47-YEAS; 49-NAYS. The amendment was not adopted.


             Representative Lambert moved the adoption of amendment (286):


             On page 12, line 34, increase the state auditing services revolving account appropriation by $100,000

             On page 13, line 1, correct the total accordingly


             On page 13, after line 1, insert the following:

             "The appropriations in this section are subject to the following conditions and limitations: $100,000 of the state auditing services revolving account appropriation is provided solely for staff and related costs to audit at least five vendors contracted with the department of community, trade and economic development under the early childhood education assistance program. The audit shall evaluate compliance with state minimum licensing standards and with program by-laws. In addition, the audit shall address health and safety risks, accessibility of the program to participating children’s parents, use of program funding, and any irregularities in the services offered to children and families. The auditor shall submit a report of the audit to the governor and the appropriate fiscal committees of the legislature by October 1, 2000."


             On page 20, after line 19, insert the following:

             "(29) Of the general fund--state appropriation amounts for fiscal year 2000 provided to the early childhood education assistance program under this section, $100,000 shall be deposited into the auditing services revolving account--state for the purpose of a program evaluation to be conducted by the state auditor."


             Representative Lambert spoke in favor of the adoption of the amendment.


             Representative Tokuda spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Lambert moved the adoption of the following amendment (245):


             On page 13, line 24, increase the public safety and education account appropriation by $800,000

             On page 13, line 29, correct the total appropriation


             On page 14, after line 21, insert the following:

             "(4) $800,000 of the public safety and education account appropriation is provided solely for completing the statewide implementation of the supervision management and recidivist tracking program."


             On page 63, line 35, reduce the public safety and education account appropriation by $800,000

             On page 63, line 26, correct the total appropriation


             On page 63, line 31, strike "5,216,000" and insert "4,416,000"


             On page 172, starting on line 16, strike all of section 915 and insert the following:

             "Sec. 915. RCW 43.08.250 and 1997 c 149 s 910 are each amended to read as follows:

             The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, and state game programs. During the fiscal biennium ending June 30, ((1999)) 2001, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the supervision management and recidivist tracking program, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, ((and)) Washington state patrol criminal justice activities, and the replacement of the department of corrections' offender-based tracking system."


             Representative Lambert and Schoesler spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment (245) to Engrossed Substitute Senate Bill No. 5180


ROLL CALL


             The Clerk called the roll on the adoption of the amendment (245) to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 49.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Pennington moved the adoption of the following amendment (322):


             On page 14, line 32, decrease the general fund--state appropriation for fiscal year 2000 by $500,000


             On page 15, line 18, correct the total appropriation accordingly


             On page 19, line 11, strike all of subsection (19)


             Renumber remaining subsections consecutively


             On page 74, line 21, increase the general fund--state appropriation for fiscal year 2000 by $500,000


             On page 74, line 36, correct the total accordingly


             On page 75, after line 26, insert the following:

             "(7) $500,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for purchase of property damaged in the 1998 Kelso and Carlyon Beach landslides for purposes of public recreation."


             Representative(s) Pennington, DeBolt, G. Chandler, Van Luven, Mielke and Pennington (again) spoke in favor of the adoption of the amendment.


             Representative(s) Doumit and Eickmeyer spoke against the adoption of the amendment.


             Division was demanded. Speaker Chopp divided the House. The results of the division was 46-YEAS; 50-NAYS. The amendment was not adopted.


             Representative Dunn moved the adoption of amendment (332):


             On page 14, line 32, increase the general fund--state appropriation for fiscal year 2000 by $100,000


             On page 15, line 18, correct the total accordingly


             On page 20, after line 19, insert the following:

             "(29)(a) $100,000 of the general fund--state fiscal year 2000 appropriation is provided solely for a housing needs and affordability assessment. Of the amounts provided in this subsection, no less than $80,000 shall be contracted to other entities for completing the assessment.

             (b) The housing needs and affordability assessment shall identify housing needs and affordability for all economic segments. The assessment shall provide recommendations for policy alternatives that would assist in meeting housing needs necessary to accommodate growth for all economic segments, consistent with the goals of chapter 36.70A RCW.

             (c) At a minimum, the assessment shall consider the following: Growth trends and projections; net new housing statistics; average and median home selling prices; rental and vacancy rates; employment and wage data; and information included in local government comprehensive plans or county-wide planning policies on projected numbers of households and size of households for the 20 year planning period required under chapter 36.70A RCW.

             (d) The office of financial management shall cooperate with the department in the completion of the housing needs and affordability assessment and may enter into interagency agreements. The office of financial management shall provide a compilation of the growth trends and projections, net new housing statistics, and other information and data prepared by local governments useful to the completion of this assessment.

             (e) The department shall provide a compilation by jurisdiction of the appropriate household data contained in all adopted county-wide planning policies or adopted comprehensive plans prepared by local governments. The department shall assist in identifying obstacles to accommodating housing needs affordable to all economic segments and shall compile data based on the adopted local government comprehensive plans.

             (f) The existing affordable housing advisory board established by RCW 43.185.020, as well as any other groups or state agencies as deemed necessary, shall advise the department for the purposes of completing the housing affordability assessment under this subsection. The board and other groups or agencies selected shall recommend criteria and projects to assist in meeting the requirements set forth in chapter 36.70A RCW.

             (g) The department shall issue a report to the governor, the house of representatives local government committee, and the senate state and local government committee by December 31, 1999."


             On page 64, line 4, reduce the general fund--state appropriation for fiscal year 2000 by $50,000


             On page 64, line 5, reduce the general fund--state appropriation for fiscal year 2001 by $50,000


             On page 64, line 69, correct the total accordingly


             Representative Dunn spoke in favor of the adoption of the amendment.


             Representative Morris spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Sump moved the adoption of amendment (333):


             On page 14, line 32, reduce the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 15, line 18, correct the total accordingly


             On page 19, starting on line 11, strike all of subsection (19)

             Renumber the remaining subsections consecutively


             On page 77, line 14, increase the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 78, line 9, correct the total accordingly


             Representative(s) Sump and Sump (again) spoke in favor of the adoption of the amendment.


             Representative Kastama spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Skinner moved the adoption of amendment (334):


             On page 14, line 32, reduce the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 14, line 33, reduce the general fund--state appropriation for fiscal year 2001 by $500,000

 

On page 18, starting on line 15, strike all of subsection (13) Renumber remaining subsections consecutively


             On page 60, line 18, increase the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 60, line 19, increase the general fund--state appropriation for fiscal year 2001 by $500,000


             Representative(s) Skinner, Huff, Skinner (again) and Thomas spoke in favor of the adoption of the amendment.


             Representative(s) Kessler and H. Sommers spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call and the demand was sustained.


ROLL CALL


             The Clerk called the roll on the adoption of the amendment (334) to Engrossed Senate Bill No. 5180 and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 49.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Koster moved the adoption of amendment (335):


             On page 14, line 32, reduce the general fund--state appropriation for fiscal year 2000 by $250,000

             On page 15, line 18, correct the total accordingly


             On page 19, starting on line 23, strike all of subsection (21)

             Renumber remaining subsections consecutively


             On page 69, line 22, reduce the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 69, line 30, increase the flood control assistance account appropriation by $750,000

             On page 70, line 32, correct the total accordingly

             On page 71, line 29, strike all of subsections (6) and (7)

             Renumber remaining subsections consecutively


             On page 74, after line 18, insert the following:

             "(24) $750,000 of the flood control assistance account appropriation is provided solely for the purpose of providing technical and financial support to local governments in developing and updating maps to accurately identify floodways and floodplains. Mapping standards shall meet or exceed the minimum standards established by the federal emergency management administration. Those watershed resource inventory areas that demonstrate a history of significant repetitive loss, including but not limited to Snohomish, Skokomish, Skagit, Yakima, and Chehalis, shall receive first priority for funding. Qualified activities include map development and generation, identification of mapping needs, developing mapping inventories, and establishing mapping standards and specifications."


             On page 147, after line 24, insert the following:

             "NEW SECTION. Sec. 713. FOR THE FLOOD CONTROL ASSISTANCE ACCOUNT

             The sum of seven hundred fifty thousand dollars from the general fund--state appropriation for fiscal year 2000 shall be deposited into the flood control assistance account."

             Renumber the remaining sections consecutively


             Representative(s) Koster and G. Chandler spoke in favor of the adoption of the amendment.


             Representative Constantine spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment 335 to Engrossed Substitute Senate Bill No. 5180.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 335 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 46.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Mielke moved the adoption of amendment (312):


             On page 20, after line 19, insert the following:

             "(29) $50,000 of the general fund--state appropriation is provided solely to undertake a study and report findings and recommendations to the legislature regarding the assumption by cities of water and sewer districts. The study shall examine the services provided, determine the extent to which they are local or regional services, examine the impacts of assumption on all ratepayers within districts which serve more than one jurisdiction, and develop recommendations regarding appropriate governance structures for water and sewer districts which serve multiple jurisdictions. The department shall report its findings and recommendations to the legislature by December 1, 2000. Until July 1, 2001, should a city, under RCW 35.13A.030 or 35.13A.040, decide to assume jurisdiction over all or a portion of a water-sewer district which serves territory both within and without the city and such assumption includes a transfer of water rights, such assumption may not occur unless the voters of the entire water-sewer district approve a ballot proposition authorizing the assumption."


             Representative Mielke spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             The amendment was not adopted.


             There being no objection, amendment (272) was withdrawn.


             Representative Thomas moved the adoption of amendment (336):


             On page 24, line 17, increase the general fund-state appropriation for fiscal year 2000 by $100,000


             On page 24, line 18, increase the general fund-state appropriation for fiscal year 2001 by $300,000


             On page 24, line 27, correct the total accordingly.


             On page 24, line 29, after "limitations:" insert (1)


             On page 25, after line 16, insert the following:

             "(2) $100,000 of the general fund--state appropriation for fiscal year 2000, and $300,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for distribution to counties for citizen education to encourage eligible persons to participate in property tax relief programs for the elderly."


             On page 156, line 17, decrease the general fund--state appropriation for fiscal year 2000 by $100,000


             On page 156, line 18, decrease the general fund--state appropriation for fiscal year 2001 by $300,000


             On page 156, line 21, correct the total accordingly


             Representative(s) Thomas, DeBolt, Pennington, Schoesler and Van Luven spoke in favor of the adoption of the amendment.


             Representative(s) Dunshee and Sullivan spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment 336 to Engrossed Substitute Senate Bill No. 5180.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 336 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 49.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative McDonald moved the adoption of amendment (325):


             On page 25, line 33, strike "279,000" and insert "429,000"


             On page 25, line 34, strike "279,000" and insert "429,000"


             On page 26, line 8, strike "47,645,000" and insert "47,945,000"


             On page 26, line 9, before "The appropriations" insert "(1)"


             On page 26, after line 18, insert the following:

             "(2) $150,000 of the general fund--state appropriation for fiscal year 2000 and $150,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the retaining wall for the law enforcement memorial, and its associated costs."


             Representative McDonald spoke in favor of the adoption of the amendment.


             Representative O'Brien spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative D. Schmidt moved the adoption of amendment (303):


             On page 1, line 13, after "(2)" insert "This section shall not apply to mobile home parks located in a county, including all cities and towns located within the county, if the legislative authority of the county has enacted an ordinance to exempt the application of the consumer protection act to violations of this chapter. (3)"


             On page 1, line 22, after "(2)" insert the following: "The provisions of this section shall not apply to a city that is located within a county where the legislative authority of te county has enacted an ordinance that exempts the county and all cities and towns within the county from the provisions of this section. (3)"


             On page 2, line 3, after "(2)" insert the following: "The provisions of this section shall not apply to a code city that is located within a county where the legislative authority of the county has enacted an ordinance that exempts the county and all cities and towns within the county from the provisions of this section. (3)"


             On page 2, line 24, after "(2)." insert the following: "The provisions of this section shall not apply to a county where the legislative authority of the county has enacted an ordinance that exempts the county and all cities and towns within the county from the provisions of this section. (3)"


             On page 3, line 2, after "(2)" insert the following: "(2) The provisions of this section shall not apply if the legislative authority of the county has enacted an ordinance that exempts the county and all cities and towns within the county from the provisions of this section. (3)"


             Representative D. Schmidt spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative D. Schmidt moved the adoption of amendment (284):


             On page 30, after line 20, insert the following:

             "(5) Up to $5,000 of the general fund--state fiscal year 2000 appropriation and up to $5,000 of the general fund--state fiscal year 2001 appropriation may be used for license plate emblems at the discretion of the adjutant general."


             Representative D. Schmidt spoke in favor of the adoption of the amendment.


             Representative Fisher spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Clements moved the adoption of amendment (268):


             On page 31, after line 29, insert the following:

             "(4) Amounts appropriated to the department of social and health services in this act may not be distributed by the department to entities audited under RCW 43.09.055, except as obligated by contracts entered into prior to the effective date of this act, until the state auditor releases the audit and, if the audit identifies overpayments made to the entity, the department enters into a repayment agreement with the entity for reimbursement of overpayment amounts as set by the department. All repayment agreements are subject to approval by the office of financial management and the state auditor."


             Representative Clements spoke in favor of the adoption of the amendment.


             Representative Dickerson spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Boldt moved the adoption of amendment (320):


             On page 31, line 32, decrease the general fund--state appropriation for fiscal year 2000 by $114,000

             On page 31, line 33, decrease the general fund--state appropriation for fiscal year 2001 by $118,000

             On page 32, line 3, correct the total accordingly.

             On page 34, starting on line 12, strike all of subsection (7) and insert the following:

             "(7) $376,000 of the general fund--state appropriation for fiscal year 2000, $380,000 of the general fund--state appropriation for fiscal year 2001, and $4,182,000 of the violence reduction and drug enforcement account appropriation are provided solely for the operation of the family policy council and the community public health and safety networks. These shall be the only funds made available in this section to the family policy council and the community public health and safety networks."


             On page 35, line 7, decrease the general fund--state appropriation for fiscal year 2001 by $3,049,000

             On page 35, line 8, increase the general fund--federal appropriation by $3,049,000


             On page 43, line 28, increase the general fund--state appropriation for fiscal year 2000 by $3,234,000

             On page 43, line 29, increase the general fund--state appropriation for fiscal year 2001 by $5,427,000

             On page 43, line 30, increase the general fund--federal appropriation by $6,988,000

             On page 43, line 32, correct the total accordingly.


             On page 44, line 29, strike "$1,919,000" and insert "$2,702,000"

             On page 44, line 30, strike "$2,892,000" and insert "$3,666,000"

             On page 44, line 31, strike "$4,992,000" and insert "$5,504,000"


             On page 45, line 33, strike "Within amounts appropriated in this subsection" and insert "$227,000 of the general fund--state appropriation for fiscal year 2000 and $370,000 of the general fund--state appropriation for fiscal year 2001 and $1,289,000 of the general fund--federal appropriation are provided solely for"


             On page 45, line 34, strike "shall" and insert "to"


             On page 49, line 17, decrease the general fund--state appropriation for fiscal year 2000 by $2,000,000

             On page 49, line 18, decrease the general fund--state appropriation for fiscal year 2001 by $2,000,000

             On page 49, line 19, decrease the general fund--federal appropriation by $5,138,000

             On page 49, line 21, correct the total accordingly.

             On page 50, after line 26, insert the following:

             "(4) The department is expected to meet the food stamp program reinvestments required by the federal government prior to the 1999-01 biennium. Any continuation of these activities shall be funded within appropriated amounts."


             On page 50, line 29, decrease the general fund--state appropriation for fiscal year 2000 by $1,534,000

             On page 50, line 30, decrease the general fund--state appropriation for fiscal year 2001 by $1,574,000

             On page 50, line 34, decrease the public safety and education account--state appropriation by $330,000

             On page 50, line 37, correct the total accordingly.

             On page 51, beginning on line 21, delete all of subsection (3) and insert the following:

             "(3) $760,000 of the fiscal year 2000 general fund--state appropriation and $760,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to fund a program serving mothers of children affected by fetal alcohol syndrome and related conditions, known as the parent child assistance program. The program may be operated in two cities in the state."


             Representative Boldt spoke in favor of the adoption of the amendment.


             Representative Tokuda spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Lambert moved the adoption of amendment (337):


             On page 36, line 18, after "revisions)." insert the following:


             "The institute for public policy shall include, in the evaluation of this legislation, a study to determine which youth sentenced to state institutions may, based on risk assessment tools, be most likely to safely serve their sanctions in the community and at a lower cost to the state."


             Representative(s) Lambert and Lambert (again) spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Parlette moved the adoption of amendment (338):


             On page 40, line 9, increase the general fund--state appropriation by $1,600,000

             On page 40, line 10, increase the general fund--state appropriations by $1,600,000

             On page 40, line 13, adjust the total accordingly.

             On page 41, after line 26, insert the following:

             "(g) $1,600,000 of the general fund--state appropriation in fiscal year 2000 and $1,600,000 of the general fund--state appropriation in fiscal year 2001 are provided solely to increase disbursements to the regional support networks."


             On page 43, line 28, increase the general fund--state appropriation by $750,000

             On page 43, line 29, increase the general fund--state appropriation by $750,000

             On page 43, line 30, increase the general fund--federal appropriation by $250,000

             On page 43, line 32, adjust the total accordingly.

             On page 46, after line 2, insert the following:

             "(i) $500,000 of the general fund--state appropriation in fiscal year 2000 and $500,000 of the general fund--state appropriation in fiscal year 2001 and $250,000 of the general fund--federal appropriation is provided solely to increase family support grants.

             (j) $250,000 of the general fund--state appropriation in fiscal year 2000 and $250,000 of the general fund--state appropriation in fiscal year 2001 are provided solely to increase employment and day services."


             On page 130, line 8, increase the increase the general fund--state appropriation by $250,000

             On page 130, line 9, increase the general fund--state appropriation by $250,000

             On page 130, line 13, adjust the total accordingly.

             On page 131, after line 27, insert the following:

             "(13) $250,000 of the general fund--state appropriation in fiscal year 2000 and $250,000 of the general fund--state appropriation in fiscal year 2001 are provided solely to conduct a feasibility study of establishing a regional, multi-disciplinary center for prostate cancer research and treatment of prostate cancer patients."


             On page 159, after line 17, insert the following:

             "NEW SECTION. Sec. 732. ACROSS-THE-BOARD REDUCTIONS. The director of the office of financial management shall direct state agencies to make across-the-board reductions to planned general fund--state expenditures for personal services contracts, travel, and equipment. Institutions of higher education and agencies with fewer than 50 full-time equivalent staff shall be exempt from these reductions. Total general fund--state savings shall not be less than $2,600,000 in each fiscal year of the 1999-01 biennium."


             Representative(s) Parlette, Huff and Schoesler spoke in favor of the adoption of the amendment.


             Representative(s) H. Sommers and Tokuda spoke against the adoption of the amendment.


             Representative Buck demanded an electronic roll call vote and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment 338 to Engrossed Substitute Senate Bill No. 5180.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 338 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 46.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Alexander moved the adoption of amendment (317):


             On page 41, after line 26, insert "$1,000,000 of the general fund--state appropriation for fiscal year 2000 and $1,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to establish a pilot program in a limited number of counties to evaluate the treatment outcomes and cost benefits of providing funding for atypical antipsychotic medications, and other antipsychotic medications when appropriate, in community settings for persons who are not currently eligible for benefits under the medicaid program, Title XIX of the federal social security act. The program shall be developed in consultation with the regional support networks and other interested organizations, and implemented through the regional support networks. The program design shall include the establishment of a funding mechanism separate from the regional support network funding formula for distributing specific appropriations for the atypical antipsychotic medications to community settings and regional support networks participating in the pilot.

             (i) Atypical antipsychotic medications provided through the program shall be purchased by the department through competitive procurement. The procurement shall include at a minimum: (A) a requirement that rates paid for the medications not exceed those paid to pharmacists for dispensing fees and ingredient costs of atypical antipsychotic medications under the state medicaid program, exclusive of rebate payments made by pharmaceutical manufacturers to the department; (B) a requirement that there be an adequate distribution mechanism to make the medications available in communities served by the program; (C) a requirement that all federal drug administration approved atypical antipsychotic medications be included in the program, using the same formulary guidelines that exist for state Medicaid enrollees, and provided to eligible persons as prescribed by the consulting mental health services provider; and (D) other performance standards deemed appropriate by the department.

             (ii) Benefits under the pilot program will be targeted to the following groups of persons: (A) Persons in crisis who are not medicaid eligible; (B) working poor persons who are not medicaid eligible and who need continued access to antipsychotic medications in order to retain their employment; (C) persons transitioning from jail or from department of corrections facilities to medicaid eligibility; and (D) persons in jail.

             (iii) The pilot program shall include an evaluation component. The evaluation shall assess whether the availability of atypical antipsychotic medications through the program results in cost savings to the state and positive treatment outcomes for persons served through the program, including the ability to obtain and maintain employment; and whether the funding mechanism developed for the pilot adequately provides services to identified persons in need in the pilot counties."


             On page 40, line 9, increase the general fund--state appropriation for fiscal year 2000 by $1,000,000

             On page 40, line 10, increase the general fund--state appropriation for fiscal year 2001 by $1,000,000

             On page 40, line 13, correct the total accordingly.


             Representative Alexander spoke in favor of the adoption of the amendment.


             Representative Cody spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Boldt moved the adoption of amendment (319):


             On page 49, line 19, decrease the general fund--federal appropriation by $956,000

             On page 49, line 21, correct the total accordingly.

             On page 50, after line 5, insert the following:

             "(c) $13,202,000 of the general fund--federal appropriation is provided solely for additional child care expenditures associated with the change in good cause exemption status for parents of children between the ages of three months and one year.

             (d) No general fund--federal monies in this subsection shall be expended for the provisions of Engrossed Substitute Senate Bill 5625, drug affected infant programs, or the parent-child assistance program."

             Renumber remaining subsections consecutively.


             Representative Boldt spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative McMorris moved the adoption of amendment (339):


             On page 50, after line 26, insert the following:

             "(4) The department shall reduce staffing by 149 FTE staff to reflect the reduction in welfare caseloads. Savings of $17,900,000 associated with the staffing reduction shall be reinvested in the following manner: (a) $10,000,000 for working connections child care and (b) $7,900,000 for the early childhood education program administered by the department of community, trade and economic development."


             Representative(s) McMorris and Delvin spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment 339 to Engrossed Substitute Senate Bill No. 5180.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 339 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 46.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             Representative Alexander moved the adoption of amendment (340):


             On page 52, line 1, increase the general fund--federal appropriation by $7,651,000

             On page 52, line 5, increase the health services account--state appropriation by $3,992,000

             On page 52, line 6, correct the total accordingly


             On page 53, line 20, strike "$3,992,000" and insert "$7,984,000"

             On page 53, line 21, strike "$7,651,000" and insert "$15,302,000"


             On page 162, line 15, strike "$223,087,000" and insert "$227,079,000"


             On page 184, line 3, strike "one hundred million dollars" and insert "$96,008,000"


             Representative(s) Alexander and Parlette spoke in favor of the adoption of the amendment.


             Representative Cody spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment 340 to Engrossed Substitute Senate Bill No. 5180.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 340 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 49.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             There being no objection, Representative Radcliff withdrew amendment 343 and asked for a moment of personal privilege.


POINT OF PERSONAL PRIVILEGE


             Representative Radcliff explained that the amendment had been drafted due to programs within the Washington State Apprenticeship and Training Council. She has seen significant movement by the Council to come within compliance with Federal law which she feels the Legislature must be committed to financially supporting programs which are in compliance with all laws, State and Federal.


             Representative Dunn moved the adoption of amendment (363):


             On page 60, line 18, strike "68,937,000" and insert "68,980,000"


             On page 60, line 19, strike "69,635,000" and insert "69,678,000"


             On page 61, line 8, strike "550,151,000" and insert "550,237,000"


             On page 63, after line 19, insert the following:

             "(11) $43,000 of the general fund--state appropriation for fiscal year 2000 and $43,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the Native American bone marrow recruitment program."


             Representative Dunn spoke in favor of the adoption of the amendment.


             Representative Cody spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Ballasiotes moved the adoption of amendment (327):


             On page 64, line 4, decrease the general fund--state appropriation for fiscal year 2000 by $3,100,000.

             On page 64, line 5, increase the general fund--state appropriation for fiscal year 2001 by $600,000.

             On page 64, line 9, correct the total accordingly.


             On page 50, line 29, increase the general fund--state appropriation for fiscal year 2000 by $1,250,000

             On page 50, line 30, increase the general fund--state appropriation for fiscal year 2001 by $1,250,000

             On page 50, line 37, correct the total accordingly.


             On page 51, after line 34, insert the following:

             "(4) $1,250,000 of the general fund--state appropriation for fiscal year 2000 and $1,250,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the drug and alcohol assessment and treatment components of drug court operations. Funding may be provided only to counties that have exhausted all federal funding received from the office of national drug control policy that is available to support the operations of its drug court and associated services."


             Representative(s) Ballasiotes and Huff spoke in favor of the adoption of the amendment.


             Representative H. Sommers spoke against the adoption of the amendment.


             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.


             Speaker Chopp stated the question before the House to be adoption of amendment 327 to Engrossed Substitute Senate Bill No. 5180.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 327 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 46.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.


             There being no objection, amendment 252 was withdrawn.


             Representative Mulliken moved the adoption of amendment (341):


             On page 69, line 22, strike "33,558,000" and insert "33,175,000"

             On page 69, line 23, strike "33,539,000" and insert "33,008,000"

             On page 70, line 32, strike "266,537,000" and insert "265,770,000"

             On page 72, line 27, strike all of subsection (12)

             Renumber remaining subsections consecutively

             On page 88, line 5, increase the general fund - state appropriation by $647,350

             On page 88, line 6, increase the general fund - state appropriation by $66,650

             On page 88, line 13, increase the total appropriation by $714,000

             On page 93, after line 25, add a new subsection:

             "(cc) $647,350 in fiscal year 2000 and $66,650 in fiscal year 2001 are provided solely for a study of the adequacy and efficiency of the state allocation formula for funding pupil transportation."


             Representative(s) Mulliken and Mielke spoke in favor of the adoption of the amendment.


             Representative Doumit spoke against the adoption of the amendment.


             The amendment was not adopted.


             Speaker Chopp called upon Representative Ogden to preside.


             There being no objection, amendment 344 was withdrawn.


             Representative Alexander moved the adoption of amendment (345):


             On page 69, line 22, decrease the general fund--state appropriation for fiscal year 2000 by $515,000


             On page 69, line 23, decrease the general fund--state appropriation for fiscal year 2001 by $15,000


             On page 70, line 32, correct total accordingly


             On page 71, beginning on line 29, strike all material through line 2 on page 72


             On page 72, strike lines 6 through 10


             On page 14, line 32, decrease the general fund-state appropriation for fiscal year 2000 by $950,000


             On page 14, line 33, decrease the general fund-state appropriation for fiscal year 2001 by $50,000


             On page 15, line 18, correct the total accordingly


             On page 18, strike lines 30 through 33


             On page 19, strike lines 11 through 16


             On page 19, strike lines 23 through 25


             On page 19, strike lines 35 through 37


             Representative(s) Alexander, Schoesler and Dunn spoke in favor of the adoption of the amendment.


             Representative Morris spoke against the adoption of the amendment.


             The amendment was not adopted.


             There being no objection, amendment 346 was withdrawn.


             Representative B. Chandler moved the adoption of amendment (347):


             On page 74, line 35, strike "25,907,000" and insert "35,526,000"

             On page 74, line 36, correct the total accordingly.

             On page 75, after line 6, insert "(7) $9,619,000 of parks renewal and stewardship account appropriation is provided solely for immediate maintenance and repair needs at state parks facilities."


             On page 135, line 3, reduce the general fund--state appropriation for fiscal year 2000 by $600,000

             On page 135, line 6, correct the total accordingly.


             On page 136, on line 10, strike all of subsection (5)

             Renumber remaining subsections accordingly.


             On page 136, line 35, reduce the general fund--state appropriation for fiscal year 2000 by $2,800,000

             On page 136, line 36, reduce the general fund--state appropriation for fiscal year 2001 by $6,200,000

             On page 137, line 2, correct the total accordingly.


             On page 138, line 3, strike "$103,686,000" and insert "$100,886,000"

             On page 138, line 4, strike "$114,700,000" and insert "$108,500,000"

             On page 139, beginning on line 34, strike all material through "program." on page 141, line 17

 

             On page 147, after line 6, insert the following:

             "NEW SECTION. Sec. 711. FOR THE PARKS RENEWAL AND STEWARDSHIP ACCOUNT.

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                                                                                                                                          3,400,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                                                                                                                                          6,219,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                                                                                                                                          9,619,000

 

             The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit to the parks renewal and stewardship account for the purposes under RCW 43.51.275."

             Renumber the remaining sections consecutively.


             Representative B. Chandler spoke in favor of the adoption of the amendment.


             Representative Kenney spoke against the adoption of the amendment.


             The amendment was not adopted.


             Speaker Chopp assumed the chair.


             There being no objection, amendment 273 was withdrawn.


             Representative Koster moved the adoption of amendment (348):


             On page 77, line 14, strike "42,896,000" and insert "43,085,000"

             On page 77, line 15, strike "42,443,000" and insert "42,632,000"

             On page 78, line 9, strike "271,161,000" and insert "271,539,000"

             On page 81, after line 34, insert " (23) $189,000 of the general fund--state appropriation for fiscal year 2000 and $189,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to restore production of steelhead and trout at the Reiter pond, Spokane, Lakewood, Priest Rapids, Puyallup, Klickitat, Grays Harbor, Green River, and Skagit hatchery complexes."

 

             On page 69, line 22, strike "33,558,000" and insert "33,308,000"

             On page 69, line 23, strike "33,539,000" and insert "33,289,000"

             On page 70, line 32, strike "266,537,000" and insert "266,037,000"

             On page 72, line 27, strike "383,000" and insert "133,000"

             On page 72, line 28, strike "384,000" and insert "134,000"

 

             Representative(s) Koster, Koster (again), Schoesler, Mulliken and Koster (again) spoke in favor of the adoption of the amendment.

 

             Representative(s) Romero, Dunshee and Doumit spoke against the adoption of the amendment.

 

             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.

 

             Speaker Chopp stated the question before the House to be adoption of amendment 348 to Engrossed Substitute Senate Bill No. 5180.

 

ROLL CALL

 

             The Clerk called the roll on the adoption of amendment 348 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Dunshee, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 49.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.

 

             Representative Lambert moved the adoption of amendment (309):

 

             On page 81, after line 34, insert "(23) Within the general fund--state appropriations provided in this section, the department shall conduct a pilot project with at least two representative and willing drainage districts in cooperation with the conservation commission, local farmers, and other interested parties. The purpose of the pilot project is to develop interim guidelines to serve as a model for application state-wide. The department shall update and distribute the irrigation and fish pamphlet describing the methods of watercourse maintenance activities. The department shall adopt rules applicable to watercourse maintenance activities. The department shall adopt these rules in cooperation with the affected communities and other interested parties. The department shall develop rules for watercourse maintenance activities that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Rules shall include criteria for differentiation of wholly artificial watercourses from natural watercourses that have been altered by man. Following the adoption of the rules, the department shall update and distribute the irrigation and fish pamphlet describing the methods of watercourse maintenance activities that are approved under the rules. The pamphlet serves as the hydraulic project approval for any project that is conducted solely for watercourse maintenance and that is conducted as described in the pamphlet. No further hydraulic project approval is required for such a project. Nothing in this section prohibits the department from requiring a hydraulic project approval for those parts of hydraulic projects that are not specifically described in the pamphlet. The pilot will focus on natural watercourses that have been substantially altered by humans in previous times and are commonly referred to as drainage ditches. Management practices will be developed that provide for occasional maintenance to remove build up of silt and noxious weeds, such as reed canary grass, in a manner that does not decrease, and where possible increases, fish habitat and water quality in these watercourses. The growing of shade trees on one side of drainage ditches as a means of discouraging growth of reed canary grass while providing improved fish and wildlife benefits shall be considered. The project shall also include an investigation, in cooperation with the department of ecology, of the adequacy of storm water programs for upland urbanized land that may drain into the project area. Any local jurisdictions with inadequate storm water programs will be notified accordingly. The department of fish and wildlife shall submit a report to the appropriate policy and fiscal committees of the legislature by December 1, 2000, concerning the pilot projects."

 

             Representative Lambert spoke in favor of the adoption of the amendment.

 

             Representative Linville spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             There being no objection, amendments 267, 350, 218 and 269 were withdrawn.

 

             Representative Lambert moved the adoption of amendment (285):

 

             On page 89, after "year." on line 29, insert the following:

On page 89, after "year." on line 29, insert the following: "(f) $3,600 of the general fund--state fiscal year 2000 appropriation shall be used to make a publication for use by school districts of when it would be appropriate for students, teachers, and administrators in the common schools to exercise their rights of freedom of religion guaranteed by the First Amendment to the United States Constitution and Article I, section 11 of the Washington State Constitution, including prayer and spiritual counseling, on school grounds and at school-related activities in seeking comfort or assistance in response to a disaster, crisis, or emergency involving the student or the student’s family, the school, the community, the state, or the nation, or involving another student, school, community, state, or nation."

 

             Renumber the remaining sections consecutively and correct any internal references accordingly.

 

             Representative(s) Lambert and Koster spoke in favor of the adoption of the amendment.

 

             Representative Keiser spoke against the adoption of the amendment.

 

             Division was demanded. Speaker Chopp divided the House. The results of the division was 45-YEAS; 51-NAYS. The amendment was not adopted.

 

             There being no objection, amendment 274 was withdrawn.

 

             Representative Lambert moved the adoption of amendment (275):

 

             On page 90, starting on line 31, strike all of subsection (2)(l)

 

             On page 90, after line 30, insert the following:

             "(l)(i)$2,000,000 of the public safety and education account appropriation is provided for start-up grants for alternative programs and services that improve instruction and learning for at-risk students. Grants shall be awarded to applicants showing the greatest potential for improved student learning for at-risk students including:

             (A) Students who are disruptive or have been suspended, expelled, or subject to other disciplinary actions;

             (B) Students with unexcused absences who need intervention;

             (C) Students who have left school; and

             (D) Students involved with the court system.

             (ii) Of the amounts provided under this subsection, $500,000 shall be awarded based on the criteria enumerated in (l)(i) for programs coordinated with local law enforcement agencies."

 

             Representative Lambert spoke in favor of the adoption of the amendment.

 

             Representative Keiser spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Wensman moved the adoption of amendment (351):

 

             On page 93, line 28, increase the general fund state appropriation by $8,817,000

             On page 93, line 29, increase the general fund state appropriation by $10,523,000

             On page 93, line 30, increase the total appropriation by $19,340,000

             On page 94, line 15, strike "4.2" and insert "4.53"

             On page 94, line 16, strike "7.2" and insert "7.53"

             On page 94, line 22, strike "53.2" and insert "53.53"

             On page 94, line 31, strike "53.2" and insert "53.53"

             On page 95, line 1, strike "53.2" and insert "53.53"

             On page 118, line 22, reduce the general fund state appropriation by $8,287,000

             On page 118, line 23, reduce the general fund state appropriation by $11,053,000

             On page 118, line 24, reduce the total appropriation by $19,340,000

 

             Representative Wensman spoke in favor of the adoption of the amendment.

 

             Representative Rockefeller spoke against the adoption of the amendment.

 

             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.

 

             Speaker Chopp stated the question before the House to be adoption of amendment 351 to Engrossed Substitute Senate Bill No. 5180.

 

ROLL CALL

 

             The Clerk called the roll on the adoption of amendment 351 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 46.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representatives Quall and Mr. Speaker Ballard - 2.

 

             There being no objection, amendment 318 was withdrawn.

 

             Representative Dunn moved the adoption of amendment (352):

 

             On page 104, line 25, reduce the general fund state appropriation by $10,724,000

             On page 104, line 26, reduce the general fund state appropriation by $13,483,000

             On page 104, line 27, reduce the total appropriation by $24,207,000

             On page 105, after line 13, insert new subsection:

             "(b) The appropriation in this section incorporates reductions for one learning improvement day at a cost of $24,207,000. All salary schedules, factors, and percentages in sections 503 and 504 shall be adjusted to conform with the amount identified in this subsection."

             Renumber remaining subsections consecutively

 

             On page 127, line 10, increase the general fund--state appropriation for fiscal year 2000 by $10,724,000

             On page 127, line 11, increase the general fund--state appropriation for fiscal year 2001 by $13,483,000

             On page 127, line 15, increase the total by $24,207,000

 

             On page 127, line 21, strike "$5,000,000" and insert "$15,724,000"

             On page 127, line 22, strike "$5,000,000" and insert "$18,483,000"

 

             Representative(s) Dunn and Carrell spoke in favor of the adoption of the amendment.

 

             Representative Keiser spoke against the adoption of the amendment.

 

             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.

 

             Speaker Chopp stated the question before the House to be adoption of amendment 352 to Engrossed Substitute Senate Bill No. 5180.

 

ROLL CALL

 

             The Clerk called the roll on the adoption of amendment 352 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 53, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Esser, Fortunato, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 44.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 53.

             Excused: Representative Mr. Speaker Ballard - 1.

 

             There being no objection, amendment (353) was withdrawn.

 

             Representative Mulliken moved the adoption of amendment (365):

 

             On page 104, line 25, reduce the general fund state appropriation by $10,901,000

             On page 104, line 26, reduce the general fund state appropriation by $13,705,000

             On page 104, line 27, reduce the total appropriation by $24,606,000

             On page 105, after line 13, insert new subsection:

             "(b) The appropriation in this section incorporates a reduction for the equivalent of one learning improvement day at a cost of $24,606,000. All salary schedules, factors and percentages in sections 503 and 504 shall be adjusted to conform with the amount identified in this subsection."

             On page 119, line 25, increase the general fund state by $13,533,000

             On page 119, line 26, increase the general fund state by $11,073,000

             On page 119, line 27, increase the total appropriation by $24,606,000

             On page 119, line 37, strike "28.81" and insert "40.82"

             On page 119, line 37, strike "28.81" and insert "40.82"

 

             Representative Mulliken spoke in favor of the adoption of the amendment.

 

             Representative Keiser spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             There being no objection, amendment 354 was withdrawn.

 

             Representative Huff moved the adoption of amendment (355):

 

             Beginning on page 122, line 1, strike everything through page 136, line 32 and insert the following:

 

"PART VI

HIGHER EDUCATION

 

             NEW SECTION. Sec. 601. The appropriations in sections 603 through 609 of this act are subject to the following conditions and limitations:

             (1) "Institutions" means the institutions of higher education receiving appropriations under sections 603 through 609 of this act.

             (2)(a) The salary increases provided or referenced in this subsection shall be the only allowable salary increases provided at institutions of higher education, excluding increases associated with normally occurring promotions and increases related to faculty and professional staff retention, and excluding increases associated with employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015.

             (b) Each institution of higher education shall provide to each classified staff employee as defined by the office of financial management a salary increase of 3.0 percent on July 1, 1999, and a salary increase of 3.0 percent on July 1, 2000.

             (c) Each institution of higher education shall provide to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants as classified by the office of financial management, and all other nonclassified staff, including those employees under RCW 28B.16.015, an average salary increase of 3.0 percent on July 1, 1999, and an average salary increase of 3.0 percent on July 1, 2000.

             (d) For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015, distribution of the salary increases will be in accordance with the applicable collective bargaining agreement. However, an increase shall not be provided to any classified employee whose salary is above the approved salary range maximum for the class to which the employee's position is allocated.

             (e) Each institution of higher education receiving appropriations under sections 604 through 609 of this act may provide additional salary increases to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Any salary increase granted under the authority of this subsection (2)(e) shall not be included in an institution's salary base. It is the intent of the legislature that general fund--state support for an institution shall not increase during the current or any future biennium as a result of any salary increases authorized under this subsection (2)(e).

             (f) Each institution of higher education may also provide additional salary increases to instructional and research faculty funded from reductions in the maximum level of employer contributions to retirement plans offered pursuant to RCW 28B.10.400. Any salary increase granted under the authority of this subsection (2)(f) shall not be included in an institution's salary base. It is the intent of the legislature that general fund--state support for an institution shall not increase during the current or any future biennium as a result of any salary increases authorized under this subsection (2)(f).

             (g) To collect consistent data for use by the legislature, the office of financial management, and other state agencies for policy and planning purposes, institutions of higher education shall report personnel data to be used in the department of personnel's human resource data warehouse in compliance with uniform reporting procedures established by the department of personnel.

             (h) Specific salary increases authorized in sections 603 through 609 of this act are in addition to any salary increase provided in this subsection.

             (3) The tuition fees, as defined in chapter 28B.15 RCW, charged to full-time students at the state's institutions of higher education for the 1999-00 and 2000-01 academic years, other than the summer term, may be adjusted by the governing boards of the state universities, regional universities, The Evergreen State College, and the state board for community and technical colleges as provided in this subsection.

             (a) For the 1999-00 academic year, the governing boards and the state board may implement an increase no greater than four and six-tenths percent over tuition fees charged to full-time students for the 1998-99 academic year.

             (b) For the 2000-01 academic year, the governing boards and the state board may implement an increase no greater than three and six-tenths percent over the tuition fees charged to full-time students for the 1999-00 academic year.

             (c) For the 1999-01 biennium, the governing boards and the state board may adjust full-time operating fees for factors that may include time of day and day of week, as well as delivery method and campus, to encourage full use of the state's educational facilities and resources.

             (d) The tuition increases adopted under (a), (b) and (c) of this subsection need not apply uniformly across student categories as defined in chapter 28B.15 RCW so long as the increase for each student category does not exceed the percentages specified in this subsection.

             (e) In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards and the state board may waive all or a portion of the operating fees for any student. State general fund appropriations shall not be provided to replace tuition and fee revenue foregone as a result of waivers granted under this subsection.

             (4) Pursuant to RCW 43.15.055, institutions of higher education receiving appropriations under sections 603 through 609 of this act are authorized to increase summer term tuition in excess of the fiscal growth factor during the 1999-01 biennium. Tuition levels increased pursuant to this subsection shall not exceed the per credit hour rate calculated from the academic year tuition levels adopted under this act.

             (5) Community colleges may increase services and activities fee charges in excess of the fiscal growth factor up to the maximum level authorized in RCW 28B.15.069.

             (6)(a) Each institution receiving appropriations under sections 604 through 609 of this act shall submit plans for achieving measurable and specific improvements in academic years 1999-00 and 2000-01 to the higher education coordinating board. The plans, to be prepared at the direction of the board, shall be submitted by August 15, 1999 (for academic year 1999-00) and June 30, 2000 (for academic year 2000-01). Each institution's plan shall include specific and measurable targets for each year of the biennium and shall identify specific strategies to achieve each year's targets. The following measures and long-term goals are the basis for developing plans appropriate to each institution:

 

Goal

             (i) Undergraduate graduation efficiency index:

             For students beginning as freshmen                                                                                                               95

             For transfer students                                                                                                                                       90

 

             (ii) Undergraduate student retention, defined as the percentage of all undergraduate students who return for the next year at the same

institution, measured from fall to fall:

             Research universities                                                                                                                                  95%

             Comprehensive universities and college                                                                                                     90%

 

             (iii) Graduation rates, defined as the percentage of an entering

freshmen class at each institution that graduates within five years:

             Research universities                                                                                                                                  65%

             Comprehensive universities and college                                                                                                     55%

 

             (iv) A measure of faculty productivity, with goals and targets in accord with the legislative intent to achieve measurable and specific improvements, to be determined by the higher education coordinating board, in consultation with the institutions receiving appropriations under sections 604 through 609 of this act.

             (v) A measure of performance demonstrating specific and measurable improvements related to distance education and education provided primarily through technology. Academic year 1999-00 shall be the baseline year against which performance in academic year 2000-01 shall be measured.

             (vi) An additional measure and goal to be selected by the higher education coordinating board for each institution, in consultation with each institution.

             (b) The higher education coordinating board, in consultation with the institutions, shall determine the appropriate baseline for each strategy against which progress will be measured in the 1999-01 biennium. Beginning on November 1, 1999, each institution shall report to the higher education coordinating board, by November 1 of each year, on its actual performance achievement for each measure for the preceding academic year.

             (7)(a) The state board for community and technical colleges shall develop implementation plans for measurable and specific improvements in academic years 1999-00 and 2000-01 consistent with the performance management system developed by the work force training and education coordinating board and for the following long-term performance goals:

 

Goal

             (i) Number of students prepared for employment

(close the skilled labor force training gap)                                                                                     25,000 students/year

             (ii) Percent of students prepared for

transfer                                                                                                                                           50,000 students/year

             (iii) Percent of basic skills students accomplishing

skills gains                                                                                                                                                      80 percent

             (iv) Share of students served by technology supported

instruction and student services                                                                                                                    100 percent

 

             (b) The state board for community and technical colleges shall determine the appropriate baseline for each strategy against which progress will be measured in the 1999-01 biennium. The state board for community and technical colleges shall set performance targets for closing the performance gap for each measure. Performance targets shall be set at levels that reflect meaningful and substantial progress towards the state-wide performance goals. Beginning on November 1, 1999, the board shall report, by November 1 of each year, on actual performance achievement for each measure for the preceding academic year.

             (8) Institutions receiving appropriations under sections 603 through 609 of this act shall provide enrollment data for students engaged in distance learning to the office of financial management as part of the distance learning enrollment information project.

 

             NEW SECTION. Sec. 602. The appropriations in sections 603 through 609 of this act provide state general fund support or employment and training trust account support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institutions assumed in this act.

 

                                                                                                    1999-2000                                                 2000-2001

                                                                                                       Annual                                                      Annual

                                                                                                       Average                                                     Average

 

University of Washington

 

Main campus                                                                                     31,927                                                        32,266

Bothell branch                                                                                        993                                                          1,136

Tacoma branch                                                                       1,143                                                                       1,316

 

Washington State University

 

Main campus                                                                                     17,272                                                        17,649

Spokane branch                                                                                      472                                                             601

Tri-Cities branch                                                                                    754                                                             754

Vancouver branch                                                                               1,021                                                          1,121

 

Central Washington University                                              7,670                                                                       7,867

Eastern Washington University                                             7,739                                                                       7,739

The Evergreen State College                                                               3,638                                                          3,713

Western Washington University                                                       10,648                                                        10,761

State Board for Community and Technical Colleges                      120,529                                                      123,332

Higher Education Coordinating Board                                                     50                                                             550

 

             NEW SECTION. Sec. 603. FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       455,664,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       487,987,000

General Fund--Federal Appropriation. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         11,404,000

Employment and Training Trust Account—State Appropriation. . . . . . .. . . . . . .. . . . . . .. . . . . .$           1,474,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       956,529,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) The technical colleges may increase tuition and fees in excess of the fiscal growth factor to conform with the percentage increase in community college operating fees.

             (2)(a) $5,000,000 of the general fund--state appropriation for fiscal year 2000 and $5,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to increase salaries and related benefits for part-time faculty. The state board for community and technical colleges shall allocate these funds to college districts based on the headcount of part-time faculty under contract for the 1998-99 academic year. To earn these funds, a college district must match the state funds with local revenue, the amounts for which shall be determined by the state board. State fund allocations that go unclaimed by a college district shall lapse. The board may provide salary increases to part-time faculty in a total amount not to exceed $10,000,000 from tuition revenues. The board shall report to the office of financial management and legislative fiscal committees on the distribution of state funds, match requirements of each district, and the wage adjustments for part-time faculty by October 1 of each fiscal year.

             (b) Each college district shall examine its current ratio of part-time to full-time faculty by discipline and report to the board a plan to reduce wage disparity and reliance on part-time faculty through salary improvements, conversion of positions to full-time status, and other remedies deemed appropriate given labor market conditions and educational programs offered in each community. The board shall set long-term performance targets for each district with respect to use of part-time faculty and monitor progress annually. The board shall report to the fiscal and higher education committees of the legislature on implementation of this subsection by no later than December 1, 1999, with recommendations for the ensuing biennium provided no later than December 1, 2000.

             (3) $1,155,000 of the general fund--state appropriation for fiscal year 2000 and $2,345,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for faculty salary increments and associated benefits and may be used in combination with salary and benefit savings from faculty turnover to provide faculty salary increments and associated benefits. To the extent general salary increase funding is used to pay faculty increments, the general salary increase shall be reduced by the same amount.

             (4) $950,000 of the general fund--state appropriation for fiscal year 2000 and $950,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to lower the part-time faculty retirement eligibility threshold to fifty percent of the full-time workload.

             (5) $332,000 of the general fund--state appropriation for fiscal year 2000 and $3,153,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for Cascadia Community College start-up and enrollment costs.

             (6) $1,441,000 of the general fund--state appropriation for fiscal year 2000 and $1,441,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for 500 FTE enrollment slots to implement RCW 28B.50.259 (timber-dependent communities).

             (7) $27,361,000 of the general fund--state appropriation for fiscal year 2000, $28,761,000 of the general fund--state appropriation for fiscal year 2001, and the entire employment and training trust account appropriation are provided solely as special funds for training and related support services, including financial aid, child care, and transportation, as specified in chapter 226, Laws of 1993 (employment and training for unemployed workers).

             (a) Funding is provided to support up to 7,200 full-time equivalent students in each fiscal year.

             (b) The state board for community and technical colleges shall submit a plan for allocation of the full-time equivalent students provided in this subsection to the workforce training and education coordinating board for review and approval.

             (8) $1,000,000 of the general fund--state appropriation for fiscal year 2000 and $1,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for tuition support for students enrolled in work-based learning programs.

             (9) $567,000 of the general fund--state appropriation for fiscal year 2000 and $568,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for administration and customized training contracts through the job skills program.

             (10) $750,000 of the general fund--state appropriation for fiscal year 2000 and $750,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for grants to expand information technology and computer science programs. Successful grant applications from a college, partnerships of colleges, or partnerships of colleges and K-12 school districts must include a match of cash, in-kind, or donations equivalent to the grant amount. Grant applications shall receive priority that prepare students to meet industry standards, achieve industry skill certificates, or continue to upper division computer science or computer engineering studies. No college may receive more than $300,000 from appropriations in this section. The state board for community and technical colleges shall report the implementation of this section to the governor and legislative fiscal committees by June 30, 2001, including plans of successful grant recipients for the continuation of programs funded by this section.

             (11) $1,000,000 of the general fund--state appropriation for fiscal year 2000 and $1,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the Pierce College branch at Puyallup.

             (12) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are solely for implementation of Substitute Senate Bill No. 5277 (higher education student child care matching grants). In no case shall funds provided in this subsection be used to construct or remodel facilities. If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

             (13) Funding in this section provides for the collection and reporting of Washington enrollment data, and related activities, for the distance learning information project described in section 129 of this act.

             (14) $1,600,000 of the general fund--state appropriation for fiscal year 2001 is provided solely as a performance and accountability incentive pool for the community and technical colleges. The board shall award incentive funds to community and technical colleges based upon specific and measurable improvements towards performance and accountability goals as set forth in section 601(7) of this act.

 

             NEW SECTION. Sec. 604. FOR UNIVERSITY OF WASHINGTON

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       316,592,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       335,314,000

Death Investigations Account--State Appropriation. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$              221,000

Accident Account--State Appropriation.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$           5,773,000

Medical Aid Account--State Appropriation. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$           5,815,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       663,715,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $8,617,000 of the general fund--state appropriation for fiscal year 2000 and $10,528,000 of the general fund--state appropriation for fiscal year 2001 are provided for upper division and graduate courses and other educational services offered at the Bothell branch campus.

             (2) $10,147,000 of the general fund--state appropriation for fiscal year 2000 and $11,438,000 of the general fund--state appropriation for fiscal year 2001 are provided for upper division and graduate courses and other educational services offered at the Tacoma branch campus.

             (3) $2,312,000 of the general fund--state appropriation for fiscal year 2000 and $2,312,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitively offered faculty recruitment and retention salary adjustments. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments. The university shall provide a report in their 2001-03 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this section.

             (4) $1,975,000 of the general fund--state appropriation for fiscal year 2000 and $1,975,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to extend the next-generation internet hub and related expertise.

             (5) $200,000 of the death investigations account appropriation is provided solely for the forensic pathologist fellowship program.

             (6) $136,000 of the general fund--state appropriation for fiscal year 2000 and $137,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of the Puget Sound work plan and agency action item UW-01.

             (7) $75,000 of the general fund--state appropriation for fiscal year 2000 and $75,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the Olympic natural resource center.

             (8) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the dental education in care of persons with disabilities program.

             (9) $904,000 of the accident account and medical aid account appropriations is provided solely for a bio-contaminant laboratory and consultation service in the department of environmental health.

             (10) For the 1999-01 biennium, five percent of tuition and fee revenue collected from law students may be used when privately matched dollar-for-dollar to provide public interest law scholarships to enrolled students at the university.

             (11) $958,000 of the general fund--state appropriation for fiscal year 2000 and $958,000 of the general fund--state appropriation for fiscal year 2001 are provided for the mathematics, engineering, science achievement (MESA) program.

             (12) $1,250,000 of the general fund--state appropriation for fiscal year 2000 and $1,250,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for research faculty clusters in the advanced technology initiative program.

             (13)(a) $2,000,000 of the general fund appropriation for fiscal year 2000 and $2,000,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. These amounts are provided for the achievement of the university's performance strategies pursuant to section 601(6) of this act. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board.

             (b) $1,000,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. This amount is provided for allocation to the Washington distinguished professorship trust fund under RCW 28B.10.868 for the University of Washington. For each $1,000,000 approved for allotment under (a) of this subsection, the office of financial management shall approve the allotment of $250,000 of the amount in this subsection (b).

 

             NEW SECTION. Sec. 605. FOR WASHINGTON STATE UNIVERSITY

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       183,551,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       197,515,000

Air Pollution Control Account--State Appropriation. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$              198,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       381,066,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $7,145,000 of the general fund--state appropriation for fiscal year 2000 and $8,718,000 of the general fund--state appropriation for fiscal year 2001 are provided for upper division and graduate courses and other educational services offered at the Spokane branch campus.

             (2) $5,134,000 of the general fund--state appropriation for fiscal year 2000 and $5,325,000 of the general fund--state appropriation for fiscal year 2001 are provided for upper division and graduate courses and other educational services offered at the Tri-Cities branch campus.

             (3) $8,537,000 of the general fund--state appropriation for fiscal year 2000 and $10,164,000 of the general fund--state appropriation for fiscal year 2001 are provided for upper division and graduate courses and other educational services offered at the Vancouver branch campus.

             (4) $1,438,000 of the general fund--state appropriation for fiscal year 2000 and $1,438,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitively offered faculty recruitment and retention salary adjustments. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments. The university shall provide a report in their 2001-03 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this section.

             (5) $565,000 of the general fund--state appropriation in fiscal year 2000 and $340,000 of the general fund--state appropriation in fiscal year 2001 are provided for learning centers in Skagit, Walla Walla, and Grays Harbor counties.

             (6) $500,000 of the general fund--state appropriation for fiscal year 2000 and $3,750,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the safe food initiative. Of these amounts, $500,000 each fiscal year is provided solely for the commission on pesticide registration.

             (7) $44,000 of the general fund--state appropriation for fiscal year 2000 and $44,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for research efforts to develop suitable and economical alternatives to field burning of grass seed harvest residue.

             (8) $165,000 of the general fund--state appropriation for fiscal year 2000 and $166,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of the Puget Sound work plan and agency action item WSU-01.

             (9) $750,000 of the general fund--state appropriation for fiscal year 2000 and $750,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for research faculty clusters in the advanced technology initiative program.

             (10)(a) $1,000,000 of the general fund appropriation for fiscal year 2000 and $1,000,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. These amounts are provided for the achievement of the university's performance strategies pursuant to section 601(6) of this act. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board.

             (b) $500,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. This amount is provided for allocation to the Washington distinguished professorship trust fund under RCW 28B.10.868 for Washington State University. For each $1,000,000 approved for allotment under (a) of this subsection, the office of financial management shall approve the allotment of $250,000 of the amount in this subsection (b).

 

             NEW SECTION. Sec. 606. FOR EASTERN WASHINGTON UNIVERSITY

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         41,620,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         43,470,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         85,090,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $375,000 of the general fund--state appropriation for fiscal year 2000 and $375,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitively offered faculty recruitment and retention salary adjustments. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments. The university shall provide a report in their 2001-03 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this section.

             (2)(a) $250,000 of the general fund appropriation for fiscal year 2000 and $250,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. These amounts are provided for the achievement of the university's performance strategies pursuant to section 601(6) of this act. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board.

             (b) $125,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. This amount is provided for allocation to the Washington graduate fellowship trust fund under RCW 28B.10.881 for Eastern Washington University. For each $100,000 approved for allotment under (a) of this subsection, the office of financial management shall approve the allotment of $25,000 of the amount in this subsection (b).

 

             NEW SECTION. Sec. 607. FOR CENTRAL WASHINGTON UNIVERSITY

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         41,898,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         44,590,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         86,488,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $312,000 of the general fund--state appropriation for fiscal year 2000 and $312,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitively offered faculty recruitment, retention, and equity salary adjustments. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments. The university shall provide a report in their 2001-03 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this section.

             (2)(a) $250,000 of the general fund appropriation for fiscal year 2000 and $250,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. These amounts are provided for the achievement of the university's performance strategies pursuant to section 601(6) of this act. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board.

             (b) $125,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. This amount is provided for allocation to the Washington graduate fellowship trust fund under RCW 28B.10.881 for Eastern Washington University. For each $100,000 approved for allotment under (a) of this subsection, the office of financial management shall approve the allotment of $25,000 of the amount in this subsection (b).

 

             NEW SECTION. Sec. 608. FOR THE EVERGREEN STATE COLLEGE

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         22,359,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         24,333,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         46,692,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $188,000 of the general fund--state appropriation for fiscal year 2000 and $188,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitively offered faculty recruitment and retention salary adjustments. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments. The college shall provide a report in their 2001-03 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this section.

             (2) $101,000 of the general fund--state appropriation for fiscal year 2000 and $102,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the institute for public policy to complete studies of services described in section 202(1) (a) and (b) of this act. If those subsections are not enacted, the amounts provided in this subsection shall lapse.

             (3) $40,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for the institute for public policy to facilitate a work group pursuant to Second Substitute House Bill No. 1692 (child witness/victim interviews). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.

             (4)(a) $200,000 of the general fund appropriation for fiscal year 2000 and $200,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. These amounts are provided for the achievement of the college's performance strategies pursuant to section 601(6) of this act. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board.

             (b) $100,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. This amount is provided for allocation to the Washington graduate fellowship trust fund under RCW 28B.10.881 for The Evergreen State College. For each $100,000 approved for allotment under (a) of this subsection, the office of financial management shall approve the allotment of $25,000 of the amount in this subsection (b).

 

             NEW SECTION. Sec. 609. FOR WESTERN WASHINGTON UNIVERSITY

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         53,293,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         56,397,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$       109,690,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $375,000 of the general fund--state appropriation for fiscal year 2000 and $375,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitively offered faculty recruitment and retention salary adjustments. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments. The university shall provide a report in their 2001-03 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this section.

             (2)(a) $250,000 of the general fund appropriation for fiscal year 2000 and $250,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. These amounts are provided for the achievement of the university's performance strategies pursuant to section 601(6) of this act. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board.

             (b) $125,000 of the general fund appropriation for fiscal year 2001 shall be placed in reserve. This amount is provided for allocation to the Washington graduate fellowship trust fund under RCW 28B.10.881 for Western Washington University. For each $100,000 approved for allotment under (a) of this subsection, the office of financial management shall approve the allotment of $25,000 of the amount in this subsection (b).

 

             NEW SECTION. Sec. 610. FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION

General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$           4,458,000

General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$           8,027,000

General Fund--Federal Appropriation. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$              653,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         13,138,000

 

             The appropriations in this section are provided to carry out the accountability, performance measurement, policy coordination, planning, studies and administrative functions of the board and are subject to the following conditions and limitations:

             (1) The board shall review, recommend changes if necessary, and approve plans defined in section 601(6) of this act for achieving measurable and specific improvements in academic years 1999-00 and 2000-01.

             (2) $280,000 of the general fund--state appropriation for fiscal year 2000 and $280,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for enrollment to implement RCW 28B.80.570 through 28B.80.585 (rural natural resources impact areas). The number of students served shall be 50 full-time equivalent students per fiscal year. The board shall ensure that enrollments reported under this subsection meet the criteria outlined in RCW 28B.80.570 through 28B.80.585.

             (3) $100,000 of the general fund--state appropriation for fiscal year 2000 and $4,650,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to contract for 500 full-time equivalent undergraduate students in high-demand fields and programs as evidenced by limited current access, despite graduates who are highly sought after by employers of this state. The board shall consult with the office of financial management and the legislative fiscal and higher education committees to design and implement a bidding process to solicit proposals from public institutions to deliver these student enrollments. Participating institutions shall cooperate with the board to collect the data necessary to report to the governor and the legislature on the impact of this subsection, particularly the degree of improved access to high-demand fields and programs for students and successful job placements for graduates.

             (4) $1,000,000 of the general fund--state appropriation for fiscal year 2000 and $1,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for competitive grants to public baccalaureate institutions to expand information technology programs. Successful grant applications to fund faculty, staff, or equipment for computer science, computer engineering, or related disciplines must include a match of nonstate cash or donations equivalent to the grant amount. No institution may receive more than $1,000,000 from appropriations in this section. The board shall report on the implementation of this section to the governor and legislative fiscal committees by June 30, 2001, including plans of successful grant recipients for the continuation of programs funded by this section.

             (5) $600,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for the higher education coordinating board fund for innovation and quality under RCW 28B.120.040. If Substitute House Bill No. 1013 is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.

             (6) $150,000 of the general fund--state appropriation for fiscal year 2000 and $150,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to implement Second Substitute House Bill No. 1729 (teacher training pilot program). If Second Substitute House Bill No. 1729 is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

             (7) With funding provided in this section, the higher education coordinating board, in cooperation with the office of financial management and the state board for community and technical colleges, shall study the feasibility of collecting Washington enrollment data on distance learning programs sponsored by private institutions in Washington as well as by institutions outside the state of Washington, and it shall report findings to the legislature by January, 2000.

             (8) $432,000 of the general fund--state appropriation for fiscal year 2000 and $68,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for a demonstration project to improve rural access to post-secondary education by bringing distance learning technologies into Jefferson county.

             (9) The board shall develop criteria to assess institutions' performance and shall use those criteria in determining the allotment of performance and accountability funds. The board shall annually evaluate each institution's achievement of performance targets and, by November 15 of each year, the board shall notify the office of financial management to allot institutions' performance funds held in reserve, based upon each institution's performance.

             (10) By December 2000, the board shall provide a performance and accountability report to the office of financial management and appropriate legislative committees including specific recommendations for additions, deletions, or revisions to the performance and accountability measures in section 601(3) of this act. The recommendations shall be developed in consultation with the institutions of higher education."

 

             On page 159, after line 17, insert the following:

 

             "NEW SECTION. Sec. 732. ACROSS-THE-BOARD REDUCTIONS. The director of the office of financial management shall direct state agencies to make across-the-board reductions to planned general fund--state expenditures for personal services contracts, travel, and equipment. Institutions of higher education and agencies with fewer than 50 full-time equivalent staff shall be exempt from these reductions. Total general fund--state savings shall not be less than $2,600,000 in each fiscal year of the 1999-01 biennium."

 

             Representative Huff spoke in favor of the adoption of the amendment.

 

             Representative H. Sommers spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Radcliff moved the adoption of amendment (356):

 

             On page 134, line 24, increase the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 134, line 25, increase the general fund--state appropriation for fiscal year 2001 by $500,000

             On page 134, line 26, correct the total accordingly.

 

             On page 134, line 28, after "limitations:" insert "(1)"

             On page 134, after line 36, insert the following:

             "(2) $587,000 of the general fund--state appropriation for fiscal year 2000 and $820,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the North Snohomish, Skagit, and Island counties consortium."

 

             On page 136, line 35, reduce the general fund--state appropriation for fiscal year 2000 by $500,000

             On page 136, line 36, reduce the general fund--state appropriation for fiscal year 2001 by $500,000

             On page 137, line 2, correct the total accordingly

 

             On page 137, line 13, strike "$1,000,000" and insert "$500,000"

             On page 137, line 14, strike "$1,000,000" and insert "$500,000"

 

             Representative(s) Radcliff and Koster spoke in favor of the adoption of the amendment.

 

             Representative Keiser spoke against the adoption of the amendment.

 

             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.

 

             Speaker Chopp stated the question before the House to be adoption of amendment 356 to Engrossed Substitute Senate Bill No. 5180.

 

ROLL CALL

 

             The Clerk called the roll on the adoption of amendment 356 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 53, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 44.

             Voting nay: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Cox, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 53.

             Excused: Representative Mr. Speaker Ballard - 1.

 

             There being no objection, amendment 357 was withdrawn.

 

             Representative Lambert moved the adoption of amendment (358):

 

             On page 146, line 13, after "limitations:" insert "(1)"

 

             On page 146, after line 15, insert the following:

             "(2) Amounts provided in this section shall be expended only for natural disaster relief, unanticipated urgent funding needs, and other emergency relief. Amounts provided in this section may not be expended for ongoing agency expenses.

             (3) The governor shall inform the legislative fiscal committees prior to each expenditure of amounts provided in this section."

 

             Representative Lambert spoke in favor of the adoption of the amendment.

 

             Representative H. Sommers spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Hankins moved the adoption of amendment (359):

 

             On page 161, after line 20, insert the following:

             "General Fund: For transfer to the Common School Construction Fund in fiscal year 2000        $12,700,000

             "General Fund: For transfer to the Common School Construction Fund in fiscal year 2001       $12,700,000"

 

             Representative(s) Hankins, Alexander, Hankins (again) and Huff spoke in favor of the adoption of the amendment.

 

             Representative Dunshee spoke against the adoption of the amendment.

 

             Representative Schoesler demanded an electronic roll call vote and the demand was sustained.

 

             Speaker Chopp stated the question before the House to be adoption of amendment 359 to Engrossed Substitute Senate Bill No. 5180.

 

ROLL CALL

 

             The Clerk called the roll on the adoption of amendment 359 to Engrossed Substitute Senate Bill No. 5180, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 47.

             Voting nay: Representatives Anderson, Carlson, Cody, Constantine, Conway, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 50.

             Excused: Representative Mr. Speaker Ballard - 1.

 

             Representative Carrell moved the adoption of amendment (326):

 

             On page 176, beginning on line 20, strike all of section 920.

 

             Renumber remaining sections consecutively and correct title and internal references accordingly.

 

             Representative(s) Carrell and Carrell (again) spoke in favor of the adoption of the amendment.

 

             Representative O'Brien spoke against the adoption of the amendment.

 

             Division was demanded. Speaker Chopp divided the House. The results of the division was 46-YEAS; 51-NAYS. The amendment was not adopted.

 

             There being no objection, amendments 313 and 249 were withdrawn.

 

             Representative H. Sommers moved the adoption of amendment (364):

 

             On page 3, line 29, strike "1,539,000" and insert "1,604,000"

 

             On page 3, line 30, strike "1,596,000" and insert "1,661,000"

 

             On page 3, line 31, strike "3,135,000" and insert "3,265,000"

 

             On page 3, line 33, strike "$150,000" and insert "$280,000"

 

              On page 13, after line 1, insert the following:

             "The appropriations in this section are subject to the following conditions and limitations:

             (1) Audits of school districts by the division of municipal corporations shall include findings regarding the accuracy of: (a) Student enrollment data; and (b) the experience and education of the district's certified instructional staff, as reported to the superintendent of public instruction for allocation of state funding.

             (2) $420,000 of the general fund appropriation for fiscal year 2000 and $420,000 of the general fund appropriation for fiscal year 2001 are provided solely for staff and related costs to audit special education programs that exhibit unusual rates of growth, extraordinarily high costs, or other characteristics requiring attention of the state safety net committee, and other school districts for baseline purposes and to determine if there are common errors. The auditor shall consult with the superintendent of public instruction regarding training and other staffing assistance needed to provide expertise to the audit staff.

             (3) $490,000 of the general fund fiscal year 2000 appropriation and $490,000 of the general fund fiscal year 2001 appropriation are provided solely for staff and related costs to: Verify the accuracy of reported school district data submitted for state funding purposes or program audits of state funded public school programs; and establish the specific amount of funds to be recovered whenever the amount is not firmly established in the course of any public school audits conducted by the state auditor's office. The results of the audits shall be submitted to the superintendent of public instruction for corrections of data and adjustments of funds.

 

             On page 34, beginning on line 29, strike all of subsection (10)

 

             Renumber remaining subsections consecutively and correct any internal references.

 

             On page 35, strike all material on lines 1 and 2 and insert "or sections 1 through 7 of Senate Bill No. 5127 (child abuse investigations). If neither of these bills is enacted by June 30, 1999, the amounts provided in this subsection shall lapse."

 

             On page 35, line 6, strike "32,800,000" and insert "32,816,000"

 

             On page 35, line 7, strike "34,078,000" and insert "34,094,000"

 

             On page 35, line 14, strike "101,791,000" and insert "101,823,000"

 

             On page 37, after line 13, insert the following:

             "(k) $16,000 of the general fund--state appropriation for fiscal year 2000 and $16,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Substitute Senate Bill No. 5214 (firearms on school property). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse. The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of Substitute Senate Bill No. 5214 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula."

 

             On page 40, line 9, strike "166,224,000" and insert "166,271,000"

 

             On page 40, line 10, strike "174,494,000" and insert "174,541,000"

 

             On page 40, line 13, strike "649,092,000" and insert "649,186,000"

 

             On page 41, after line 26, insert the following:

             (g) $47,000 of the general fund--state appropriation for fiscal year 2000 and $47,000 of the general fund--state appropriation for fiscal year 2001 are provided for implementation of Substitute Senate Bill No. 5214 (firearms on school premises). If the bill is not enacted by June 30, 1999, the amounts provided shall lapse."

 

             On page 47, line 10, strike "2000" and insert "2001"

 

             On page 47, beginning on line 15, strike all of subsection (4)

 

             Renumber remaining subsections consecutively and correct any internal references.

 

             On page 51, line 17, after "for" strike all material through "lapse." on line 20 and insert "activities related to chemical dependency services under subsection 202(1) of this act. If that subsection is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse."

 

             On page 52, line 34, after "(b)" strike everything through "program" on line 38, and insert "a net profitability factor shall be included with other factors to determine LI-DSH payments. The net profitability factor shall inversely relate hospital percent net operating income to payment under the program."

 

             On page 53, line 37, after "(13)" strike everything through "year." on page 54, line 2, and insert: "Except in the case of rural hospitals and Harborview medical center, weighted average payments under the ratio-of-cost-to-charges hospital payment system shall increase by no more than 175 percent of the DRI HCFA hospital reimbursement market basket index."

 

 

             On page 57, line 36, after "1692" strike all material through "lapse." on line 38 and insert "or sections 1 through 7 of Senate Bill No. 5127 (child abuse investigations). If neither of these bills is enacted by June 30, 1999, the amount provided in this subsection shall lapse."

 

             On page 61, line 8, strike "550,151,000" and insert "550,139,000"

 

             On page 61, line 29, strike "reclamation" and insert "conservation"

 

             On page 61, line 29, after "reuse." strike all material through "this" on line 33 and insert: "$339,000 of the general fund--federal"

 

             Renumber remaining sections consecutively and correct any internal references.

 

             On page 66, line 21, strike "54,227,000" and insert "54,371,000"

 

             On page 66, line 23, strike "115,548,000" and insert "115,692,000"

 

             On page 67, line 5, strike "$75,000" and insert "$219,000"

 

             On page 71, line 25, after "provided" strike all material through "lapse." on line 28 and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."

 

             On page 72, line 34, after "solely" insert "to implement Substitute Senate Bill No. 5670 (noxious weed herbicide)"

 

             On page 72, line 37, after "DOE-2." insert "If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse."

 

             On page 75, line 16, after "provided" strike all material through "lapse." on line 18 and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."

 

             On page 77, line 20, strike "4,432,000" and insert "6,432,000"

 

             On page 78, strike all material on lines 5 through 8

 

             On page 78, line 9, strike "271,161,000" and insert "272,931,000"

 

             On page 79, line 22, after "provided" strike all material through "lapse." on line 24 and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."

 

             On page 80, line 14, after "steelhead." insert "Within these funds, the department shall provide support to the department of health to enforce state shellfish harvest laws."

 

             On page 80, line 24, after "hatchery" insert "to implement House Bill No. 1716 (warm water fish culture). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse"

 

             On page 81, after line 34, insert the following:

             "(23) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to implement Senate Bill No. 5508 (crab fishery catch records). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

             (24) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects."

 

             On page 82, line 38, after "provided" strike all material through "lapse." on page 83, line 2, and insert "to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources."

 

             On page 85, after line 18, insert the following:

             "Washington Real Estate Research Account Appropriation . . . . . . . . . . . .$          368,000

 

             On page 85, line 19, strike "33,323,000" and insert "33,691,000"

 

             On page 85, line 21, after "limitations:" insert "(1)"

 

             On page 85, after line 27, insert:

             "(2) $368,000 of the Washington real estate research account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5720 (real estate research). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse."

 

             On page 87, line 7, after "under" strike everything through "sections are" on line 8 and insert "subsection 202(1) of this act. If that subsection is"

 

             On page 130, line 26, after "offered" strike "faculty"

 

             On page 130, line 27, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"

 

             On page 131, line 36, strike "$7,145,000" and insert "$6,702,000"

 

             On page 131, line 37, strike "$8,718,000" and insert "$7,980,000"

 

             On page 132, line 13, after "offered" strike "faculty"

 

             On page 132, line 14, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"

 

             On page 133, line 11, after "offered" strike "faculty"

 

             On page 133, line 12, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"

 

             On page 133, line 25, after "offered" strike "faculty"

 

             On page 133, line 26, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"

 

             On page 134, line 5, after "offered" strike "faculty"

 

             On page 134, line 6, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"

 

             On page 134, line 15, after "described in" strike everything through "subsections are" on line 16 and insert "subsection 202(1) of this act. If that subsection is"

 

             On page 134, line 21, after "1692" strike all material through "lapse." on line 22 and insert "or sections 1 through 7 of Senate Bill No. 5127 (child abuse investigations). If neither of these bills are enacted by June 30, 1999, the amount provided in this subsection shall lapse."

 

             On page 134, line 31, after "offered" strike "faculty"

 

             On page 134, line 32, after "adjustments" insert "for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015"

 

             On page 144, line 6, strike "614,672,000" and insert "604,672,000"

 

             On page 144, line 7, strike "445,689,000" and insert "455,689,000"

 

             On page 147, line 19, strike "2,475,000" and insert "475,000"

 

             On page 147, line 21, strike "24,538,000" and insert "22,538,000"

 

             On page 151, line 4, after "2001," insert "solely"

 

             On page 151, line 17, after "(g)" strike all material through "section." on line 22 and insert: "The health care authority shall use funds accruing to the public employees' and retirees' insurance account in fiscal year 1999 from payments made by the standard insurance company to the state of Washington related to the state's basic long-term disability plan, for insurance costs in the 1999-2001 biennium."

 

             On page 152, line 1, strike "$21.54" and insert "$22.03"

 

             On page 152, line 2, strike "$24.15" and insert "$25.06"

 

             On page 152, line 6, strike "$21.54" and insert "$22.03"

 

             On page 152, line 7, strike "$24.15" and insert "$25.06"

 

             On page 161, line 22, strike "105,245,700" and insert "83,423,000"

 

              On page 351, after line 18, insert the following:

             "(3) If this section is enacted after the state treasurer transmits the April 1999 distribution data to the banks, then the state treasurer shall adjust the amount distributed based on subsection (2) of this section by June 30, 1999."

 

             Representative(s) H. Sommers and Huff 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 H. Sommers, Gombosky, Keiser, Doumit, Morris, Kastama spoke in favor of passage of the bill.

 

             Representatives Huff, Buck, Pennington, DeBolt, G. Chandler, McDonald, Fortunato, Mulliken, Koster, Clements and Radcliff spoke against passage of the bill.

 

             Representative Radcliff demanded the previous question and the demand was sustained.

 

             Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5180, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5180, as amended by the House, and the bill passed the House by the following vote: Yeas - 53, Nays - 44, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 53.

             Voting nay: Representatives Alexander, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cox, Crouse, DeBolt, Dunn, Ericksen, Esser, Fortunato, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Schmidt, K. Schmidt, Schoesler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven and Wensman - 44.

             Excused: Representative Mr. Speaker Ballard - 1.

 

             Engrossed Substitute Senate Bill No. 5180, as amended by the House, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             I inadvertently pressed the wrong button on the voting machine. My intent was to vote NAY on Engrossed Substitute Senate Bill No. 5180.

JEROME DELVIN, 8th District

 

             There being no objection, Engrossed Senate Bill No. 5180 was immediately transmitted to the Senate.

 

RESOLUTIONS

 

             HOUSE RESOLUTION NO. 99-4700, by Representatives Mastin and Grant

 

             WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and

             WHEREAS, Participation in sports helps students gain stronger leadership abilities and become more productive members of their school and community; and

             WHEREAS, Team members' commitment to their sports and pride in their school sets a good example for their peers; and

             WHEREAS, The DeSales School baseball team had an outstanding year this past baseball season; and

             WHEREAS, Head Coach Kim Cox, and Coaches Tim Duncan, Joe Gonzales, Pat Graham, and Rob Holtzinger led the team to many victories; and

             WHEREAS, The DeSales School baseball team consists of players: Allen Stanley, Josh Wolfram, Eric Dutton, Brian Fortin, Ryan Deccio, Ryan Driver, JC Biagi, Marshall Donnelly, Chris Spiess, Kris Wolfram, Joe Levens, Mat Heinzman, Colin Baffney, Brian Lindgren, Pat Barry, Michael Wolford, and Ty Baffney;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the DeSales School baseball team, and the teachers, classmates, and parents of the team members, who played an important part in helping these student athletes excel; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to head coach Kim Cox and each member of the DeSales School baseball team.

 

             House Resolution No. 99-4700 was adopted.

 

             HOUSE RESOLUTION NO. 99-4701, by Representatives Mastin and Grant

 

             WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and

             WHEREAS, The DeSales School Football Team had an outstanding team during the 1998-99 school year; and

             WHEREAS, Head Coach Pat Graham, and coaches Kim Cox, Mike Mele, Tom Richard, and Brian Hamada led the team to many victories; and

             WHEREAS, Senior Brian Lindgren was named: The Washington State B-11 Player of the Year, the National Football Foundation Inland Northwest Scholar Athlete of the Year, and the All State and All Conference Quarterback; Senior Ty Baffney was named the All State and All Conference Wide Receiver; Senior Keith Michels was named All Conference Offensive Lineman; Senior Brian Fortin was named All Conference Running Back; Senior Pat Barry was named All Conference Line Backer; Senior Eric Dutton was named All Conference Defensive Back; Junior Matt Harri was named All Conference Offensive Lineman; Sophomore Marshall Donnelly was named All Conference Wide Receiver; and Mike Pankaskie was named All Conference Defensive Lineman; and

             WHEREAS, The DeSales School Football Team consists of: Brian Lindgren, Ty Baffney, Keith Michel, Brian Fortin, Pat Barry, Eric Dutton, Michael Wolford, Luke Ferraro, Ryan Driver, Peter Rusch, JC Biagi, Matt Harri, Casey Richard, Carlos Cruz, Christian Schmidt, Jeff Murray, Nick Wiese, Marshall Donnelly, Mike Pankaskie, Chris Spiess, Pat Chase, Ned Cox, Nick Whitaker, Nathan Schacht, Kellin Nielson, Nick Elia, Brian Hall, Tim Lynch, Dean Delevan, Juan Betancourt, Eric Johnson, Travis Fouts, Jose Lopez, Derek Moramarco, Matt Stacey, and Connor Barry; and

             WHEREAS, Team members' commitment to their sport and pride in their school set a good example for their peers;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the DeSales School Football Team; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Head Coach Pat Graham and each member of the DeSales School Football Team.

 

             House Resolution No. 99-4701 was adopted.

 

             HOUSE RESOLUTION NO. 99-4702, by Representatives Mastin and Grant

 

             WHEREAS, It is the policy of the Legislature to honor excellence in every field of endeavor; and

             WHEREAS, Participation in sports helps students gain strong leadership abilities and become more productive members of their school and community; and

             WHEREAS, Team members' commitment to their sport and pride in their school sets a good example for their peers; and

             WHEREAS, The Walla Walla High School Boys' Basketball Team recently won the 1999 4A State Championship in Tacoma on March 13, 1999. The team erased a forty-seven year hiatus to bring the championship back to Walla Walla. The team went undefeated in league play before posting an impressive 9-2 postseason record, including a double digit championship victory over favored Ferris High School of Spokane; and

             WHEREAS, Head Coach Jim Thacker was named the Seattle Post Intelligencer's Coach of the Year, and Senior guard Kyle Bankhead, Championship Tournament MVP, and Senior Forward Jon DeWolfe were named to the 4A First Team All State Squad; and

             WHEREAS, The Walla Walla High School Boys' Basketball Team consists of: Kyle Bankhead, Jon DeWolfe, Matt Hamlin, Andy Thompson, Pat Kjack, Jeremy Harper, Joe Wilkins, Jeff Bennett, Bryan Erlebach, Thomas Kelati, Shawn Reese, and Pat McConn; and

             WHEREAS, Head Coach Jim Thacker, Assistant Coach Earl Streufert, and Assistant Coach John Golden are congratulated for their outstanding coaching this past season;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and congratulate the Walla Walla High School Boys' Basketball Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Head Coach Jim Thacker and each member of the Walla Walla High School Boys' Basketball Team.

 

             House Resolution No. 99-4702 was adopted.

 

             HOUSE RESOLUTION NO. 99-4703, by Representatives Mastin and Grant

 

             WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

             WHEREAS, The Touchet High School Indians Football Team exhibited the highest level of excellence in winning the 1998 Washington State High School Football "B-8" Championship, with a final championship game score of 71 to 48 over Clallam Bay High School; and

             WHEREAS, The Touchet High School Indians Football Team has an outstanding record with the 1998 "B-8" Championship being their second state championship in "B-8" league play action in the last five years, and their third state championship in "B-8" league play action overall; and

             WHEREAS, The Touchet High School Indians Football Team demonstrated amazing skill and admirable sportsmanship in achieving these outstanding accomplishments; and

             WHEREAS, Head Coach Wayne Dickey and Assistant Coaches Gary Dorman, LeLand Weber, and Donny Weaver, and all the players share in the Touchet High School Football Team's success by combining outstanding coaching with outstanding playing; and

             WHEREAS, The Touchet High School Indians Football Team includes: Nathan Carlisle; Jeremiah Schuetze, Honor Student; John Leusink, Honor Student; Darren Riggle; Nick Jaggar; Jose Godinez; Timothy Dickey, Honor Student, letters in three sports; Sam Putman, Honor Student; Jesus Solis, state B-8 field goal record, first with 37 yards and then again with 42 yards, 1st Team All Conference, All Star Kicker; Nick Tucker; Alfredo Lomeli, state B-8 Player of the Year, 1st Team All Conference Defense and Offense, All State Defense and Offense, four years letters in three sports; Andrew Gerla, ASB President, 2nd Team All Conference, letters in three sports, Honor Student; Guy Matteson, 2nd Team All Conference, All State Defense; Adam Sumpter, 1st Team All Conference Offense and Defense, All State Quarterback; William Fowler; Tyler Bronkhorst, 1st Team All Conference, All State Defense and Offense; George Martinez; Brandon Ingham, Honor Student; Chris Plucker, 4.0 GPA, Honor Student; John Davis; Tim Wagoner, 2nd Team All Conference, United States Scholar Athlete Games participant, letters in three sports, Honor Student; Scott Hanson, Honor Student; Todd Slater, 4.0 GPA, United States Scholar Athlete Games participant, National Honor Society President; John Walker; Tim Henrichs; and Toby Slater; and

             WHEREAS, All these extraordinary accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and fans who backed them all the way; and

             WHEREAS, The inspiring individual and team achievements of the 1998 Touchet High School Indians Football Team will always be remembered when commemorating their winning year; and

             WHEREAS, The victorious Touchet High School Indians Football Team is a source of great pride to all the citizens of the state of Washington;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the 1998 Touchet High School Indians Football Team; 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 1998 Touchet High School Indians Football Team Head Coach, Wayne Dickey, Touchet High School Principal, Mark Heid, and School District Superintendent, Samuel Gerla.

 

             House Resolution No. 99-4703 was adopted.

 

MESSAGES FROM THE SENATE

April 25, 1999

Mr. Speaker:

 

             The President has signed:

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1006,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1143,

SECOND SUBSTITUTE HOUSE BILL NO. 1176,

HOUSE BILL NO. 1233,

HOUSE BILL NO. 1544,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562,

SUBSTITUTE HOUSE BILL NO. 1663,

SUBSTITUTE HOUSE BILL NO. 1673,

ENGROSSED HOUSE BILL NO. 2015,

 and the same are herewith transmitted.

Tony M. Cook, Secretary

 

April 24, 1999

Mr. Speaker:

 

             The Senate has passed SENATE BILL NO. 5374 without the House amendment(s) #166 to page 3, line 21, inserting sections 9 through 13. The Senate concurred in the remainder of the House amendment(s) and passed the bill as amended by the House, and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The President has signed:

SENATE BILL NO. 5374,

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 24, 1999

Mr. Speaker:

 

             The Senate receded from the Commerce, Trade, Housing and Financial Institutions Committee amendment(s) to HOUSE BILL NO. 1192, adopted as amended on 4/16/99, and passed the bill without said amendment(s), and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 24, 1999

Mr. Speaker:

 

             The Senate has passed:

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 6067,

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The President has signed:

SUBSTITUTE SENATE BILL NO. 5277,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5825,

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The Senate receded from its amendment(s) to HOUSE BILL NO. 1810 and passed the bill without said amendment(s), and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The Senate receded from its amendment(s) to HOUSE BILL NO. 1539 and passed the bill without said amendment(s), and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The Senate receded from its amendment(s) to HOUSE BILL NO. 1378 and passed the bill without said amendment(s), and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The President has signed:

 

SUBSTITUTE HOUSE BILL NO. 1250,

HOUSE CONCURRENT RESOLUTION NO. 4412,

 

 and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:

 

ENGROSSED SUBSTITUTE SENATE BILL NO. 5180,

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The Senate has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 5693,

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

SIGNED BY THE SPEAKERS

 

             The Speakers have signed:

ENGROSSED HOUSE BILL NO. 1007,

HOUSE BILL NO. 1192,

HOUSE BILL NO. 1378,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1484,

SUBSTITUTE HOUSE BILL NO. 1747,

HOUSE BILL NO. 2259,

 

SENATE AMENDMENTS TO HOUSE BILL

April 24, 1999

Mr. Speaker:

 

             The Senate receded from Amendment #384 to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1493 adopted 4/14/99. Under suspension of rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted Amendment #491 and passed the bill as amended,

 

             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 26 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 26 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; and

             (e) 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.

 

             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) 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

             (f) 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;

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

             (8) The department shall only award contracts for the operation of HOPE center beds and responsible living skills programs in departmental regions: (a) With operating secure crisis residential centers; or (b) in which the secretary finds significant progress is made toward opening a secure crisis residential center.

 

             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. A resident who fails to consistently adhere to the elements of the plan shall be subject to reassessment by the professional staff of the program and may be placed outside the program; 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.

             (6) The department shall not award contracts for the operation of responsible living skills programs until HOPE center beds are operational.

 

             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 in a HOPE center or in a secure crisis residential 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 26 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 26 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 13.34.130 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))) (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)), chapter 314, Laws of 1998.

             (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; a responsible living skills program; 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.

 

             Sec. 17. 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. 18. 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. 19. The Washington institute for public policy shall review the effectiveness of the procedures established in section 18 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.

 

             Sec. 20. 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. 21. 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. 22. 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. 23. The department of social and health services shall seek any necessary federal waivers for federal funding of the programs created under sections 10 through 26 of this act. The department shall pursue federal funding sources for the programs created under sections 10 through 26 of this act, and report to the legislature any statutory barriers to federal funding.

 

             NEW SECTION. Sec. 24. 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 26 of this act.

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

 

             NEW SECTION. Sec. 25. 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. 26. 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. 27. 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, and 26.44.030; reenacting and amending RCW 13.34.130, 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; creating new sections; and providing an effective date."

 

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. 1493 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

 

             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1493 as amended by the Senate.

 

MOTION

 

             On motion of Representative Wolfe, Representative Scott was excused.

 

             Representatives Tokuda, Boldt, Kagi and Carrell 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. 1493, 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Engrossed Second Substitute House Bill No. 1493, as amended by the Senate, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Engrossed Second Substitute House Bill No. 1493.

PAT SCOTT, 38th District

 

SENATE AMENDMENTS TO HOUSE BILL

April 24, 1999

 

Mr. Speaker:

 

             Under suspension of rules, the Senate returned SUBSTITUTE HOUSE BILL NO. 1774 to Second Reading for purpose of amendment(s). The Senate reconsidered the Judiciary Committee amendment adopted as amended on 4/14/99, and further amended the adopted amendment with amendment #487 by Senators Morton and Heavey, and passed the bill as amended,

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 46.20.391 and 1998 c 209 s 4 and 1998 c 207 s 9 are each reenacted and amended to read as follows:

             (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504 or pursuant to RCW 46.20.3101 (2)(a) or (3)(a). A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

             (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:

             (i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;

             (ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;

             (iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or

             (iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous.

             (b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.

             (c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation but not more than two years.

             (d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.

             (e) The department shall not issue an occupational driver's license under (a)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (a)(iv) of this subsection.

             (3) An applicant for an occupational driver's license is eligible to receive such license only if:

             (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

             (b) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

             (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle, except as allowed under subsection (2)(a) of this section; and

             (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

             (((3))) (4) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

 

             Sec. 2. RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:

             In issuing an occupational driver's license under RCW 46.20.391, the department shall describe the type of occupation permitted and shall set forth in detail the specific hours of the day during which the person may drive to and from his place of work, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational driver's license under RCW 46.20.391(2)(a)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.

 

             NEW SECTION. Sec. 3. This act takes effect January 1, 2000."

 

             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.394; reenacting and amending RCW 46.20.391; and providing an effective date."

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1774 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

 

             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 1774 as amended by the Senate.

 

             Representatives Wolfe and K. Schmidt 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. 1774, 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute House Bill No. 1774, as amended by the Senate, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Bill No. 1774.

PAT SCOTT, 38th District

 

SENATE AMENDMENTS TO HOUSE BILL

April 24, 1999

 

Mr. Speaker:

 

             The Senate receded from the Committee on Human Services and Corrections Amendment to HOUSE BILL NO. 1757 adopted 4/16/99. Under suspension of rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted Amendment #479 by Senators Hargrove, Costa, Long, Haugen and Stevens and passed the bill as amended,

 

             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. 3. 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; 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. 1757 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE

 

             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 1757 as amended by the Senate.

 

             Representatives Miloscia 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. 1757, 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             House Bill No. 1757, as amended by the Senate, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on House Bill No. 1757.

PAT SCOTT, 38th District

 

MESSAGE FROM THE SENATE

April 24, 1999

Mr. Speaker:

 

             The Senate receded from its striking amendment(s) #480 to SUBSTITUTE HOUSE BILL NO. 1392, adopted on 4/24/99. Under suspension of rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted Amendment #1392-S AMS HEAV S2969.2 (FLR #490), and passed the bill as amended,

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A new section is added to chapter 9.96 RCW to read as follows:

             (1) Every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense. If the court finds the applicant meets the tests prescribed in subsection (2) of this section, the court may in its discretion clear the record of conviction by: (a)(i) Permitting the applicant to withdraw the applicant's plea of guilty and to enter a plea of not guilty; or (ii) if the applicant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the applicant.

             (2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense cleared if any one of the following is present: (a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense; (c) the offense was a violation of RCW 46.61.502 (Driving while under the influence), 46.61.504 (Actual physical control while under the influence), or 9.91.020 (Operating a railroad, etc. while intoxicated); (d) the offense was any misdemeanor or gross misdemeanor attempt to commit a sex offense as defined in RCW 9.94A.030; (e) the offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 (Obscenity and pornography) or 9.68A (Sexual exploitation of children) RCW; (f) the applicant has been convicted of a new crime in this state, another state, or federal court since the date the applicant completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense; (g) the offense was a domestic violence offense as defined in RCW 10.99.020, and less than ten years have passed since the date the offender successfully completed all terms of his or her sentence, including probation. The court shall not grant the motion to vacate a domestic violence conviction if, upon review of the police report and any evidence from the prosecution or the defense, the court finds that the defendant's behavior in the commission of the crime was particularly egregious; or (h) less than five years have passed since the date the applicant completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense.

             (3) Once the court vacates a record of conviction under subsection (1) of this section, the person shall be released from all penalties and disabilities resulting from the offense, except that the fact that the person had been convicted of the offense may be used in any subsequent criminal prosecution consistent with any other legal use and may be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction. For all other purposes, including responding to questions on employment applications, a person whose conviction has been vacated may state that the person has never been convicted of that crime.

             (4) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.

             (5) Any conviction that is vacated under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order vacating the conviction to the Washington state patrol. The Washington state patrol shall transmit the order vacating the conviction to the federal bureau of investigation.

             (6) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.

 

             Sec. 2. RCW 9.94A.230 and 1987 c 486 s 7 are each amended to read as follows:

             (1) Every offender who has been discharged under RCW 9.94A.220 may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may in its discretion clear the record of conviction by: (a)(i) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (((b))) (ii) if the offender has been convicted after a plea of not guilty, ((by)) the court setting aside the verdict of guilty; and (((c) by)) (b) the court dismissing the information or indictment against the offender.

             (2) An offender may not have the record of conviction cleared if any one of the following is present: (a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a domestic violence offense as defined in RCW 10.99.020, and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.220. The court shall not grant the motion to vacate a domestic violence conviction if, upon review of the police report and any evidence from the prosecution or the defense, the court finds that the defendant's behavior in the commission of the crime was particularly egregious; (d) the offense was a crime against persons as defined in RCW 43.43.830; (((d))) (e) the offender has been convicted of a new crime in this state, another state, or federal court since the date of the offender's discharge under RCW 9.94A.220; (((e))) (f) the offense is a class B felony and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.220; ((and (f))) or (g) the offense was a class C felony and less than five years have passed since the date the applicant was discharged under RCW 9.94A.220.

             (3) Once the court vacates a record of conviction under subsection (1) of this section, ((the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications,)) an offender whose conviction has been vacated may state that the offender has never been convicted of that crime, including responses to questions when making application for employment. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.

             (4) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.

             (5) Any conviction that is vacated under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order vacating the conviction to the Washington state patrol. The Washington state patrol shall transmit the order vacating the conviction to the federal bureau of investigation.

             (6) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.

 

             Sec. 3. RCW 9.95.240 and 1957 c 227 s 7 are each amended to read as follows:

             (1) Every defendant who has fulfilled the conditions of his of her probation for the entire period thereof, or who ((shall have)) has been discharged from probation prior to the termination of the period thereof, may ((at any time prior to the expiration of the maximum period of punishment for the offense for which he has been convicted be permitted in the discretion of the court to withdraw his plea of guilty and enter a plea of not guilty, or if he has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty; and in either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. The probationer shall be informed of this right in his probation papers: PROVIDED, That in any subsequent prosecution, for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted, or the information or indictment dismissed)) apply to the sentencing court for a vacation of the defendant's record of conviction. If the court finds the defendant meets the tests prescribed in subsection (2) of this section, the court may in its discretion clear the record of conviction by: (a)(i) Permitting the defendant to withdraw the defendant's plea of guilty and to enter a plea of not guilty; or (ii) if the defendant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information or indictment against the defendant.

             (2) An offender may not have the record of conviction cleared if: (a) There are any criminal charges against the defendant pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a felony crime against persons as defined in RCW 43.43.830; (d) the defendant has been convicted of a new crime in this state, another state, or federal court since the date the defendant successfully completed probation; (e) the offense is a class B felony and less than ten years have passed since the date the defendant successfully completed probation; (f) the offense was a class C felony and less than five years have passed since the date the defendant successfully completed probation; (g) the offense was a misdemeanor or gross misdemeanor and less than five years have passed since the date the defendant successfully completed probation; or (h) the offense was a misdemeanor or gross misdemeanor and operated to interrupt the washout of a class B felony under RCW 9.94A.360 and less than ten years have passed since the date of the conviction for the misdemeanor or gross misdemeanor.

             (3) Once the court vacates a record of conviction under subsection (1) of this section, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime, including responses to questions when making application for employment. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal case.

             (4) No person may seek or be granted a vacation of record of conviction for an offense committed after the date upon which the person received a vacation of record of conviction for any other offense.

             (5) Any conviction that is vacated under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order vacating the conviction to the Washington state patrol. The Washington state patrol shall transmit the order vacating the conviction to the federal bureau of investigation.

             (6) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.

 

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

             (a) The person has spent five consecutive years in the community without committing another offense or crime that results in conviction in this state, another state, or federal court;

             (b) There are no criminal charges against the person pending in any court of this state, another state, or federal court;

             (c) Through credible evidence presented to the court that the person has a present career path that is impeded by the record of the courts order and findings;

             (d) That the person is twenty-one years of age or older; and

             (e) The person has lived an exemplary life since the court's order and findings.

             (12) The court shall grant the motion to seal records made pursuant to subsection (10) 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, gross misdemeanors, and misdemeanors, 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) 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) 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. Any record that is sealed under this section shall be treated as nonconviction data as defined in chapter 10.97 RCW for the purposes of the defendant's criminal history. The clerk of the court in which the motion is brought shall transmit the order sealing the record to the Washington state patrol. The Washington state patrol shall transmit the order sealing the record to the federal bureau of investigation.

             (((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.

             (25) All costs incurred by the court and probation services shall be paid by the person making the motion to seal the record under subsection (10) of this section unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought."

 

             On page 1, line 1 of the title, after "conviction;" strike the remainder of the title and insert "amending RCW 9.94A.230, 9.95.240, and 13.50.050; and adding a new section to chapter 9.96 RCW."

 

and the same is 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. 1392 and again asked the Senate to recede therefrom.

 

             There being no objection, Substitute House Bill No. 1392 was immediately transmitted to the Senate.

 

             Speaker Chopp assumed the chair.

 

             There being no objection, the House reverted to the sixth order of business.

 

SECOND READING

 

             ENGROSSED SENATE BILL NO. 5485, by Senators Thibaudeau, Deccio, McDonald, Snyder, Winsley, Kline, Oke and Costa; by request of Attorney General

 

Regulating certain tobacco product manufacturers.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Parlette, Cody and Schual-Berke spoke in favor of passage of the bill.

 

             Representatives Benson, Dunn and Fortunato spoke against passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Engrossed Senate Bill No. 5485.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5485 and the bill passed the House by the following vote: Yeas - 77, Nays - 19, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Buck, Bush, Cairnes, Campbell, Carlson, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, K. Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood and Mr. Speaker Chopp - 77.

             Voting nay: Representatives Benson, Boldt, Carrell, B. Chandler, G. Chandler, Crouse, Dunn, Fortunato, Huff, Koster, Lambert, McMorris, Mielke, Mulliken, Pennington, Schindler, Sump, Talcott and Thomas - 19.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Engrossed Senate Bill No. 5485, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Engrossed Senate Bill No. 5485.

PAT SCOTT, 38th District

 

             SENATE BILL NO. 5255, by Senators Jacobsen, Oke, Rasmussen and Finkbeiner; by request of Department of Fish and Wildlife

 

Changing Washington conservation corps provisions.

 

             The bill was read the second time.

 

             There being no objection, the committee amendment(s) by the Committee on Natural Resources was before the body for purposes of amendment (For committee amendment(s), see Journal, 79th Day, March 30, 1999).

 

Representative Wensman moved the adoption of amendment (167) to the committee amendment(s):

 

             On page 6, after line 37, insert:

             "NEW SECTION. Sec. 9. The Washington conservation corps terminates June 30, 2001."

 

             Renumber remaining sections consecutively and correct title and internal references accordingly.

 

Representative(s) Wensman, McMorris, Huff, Schindler and Huff (again) spoke in favor of the adoption of the amendment.

 

             Representative(s) Regala, H. Sommers and Dunshee spoke against the adoption of the amendment.

 

             Division was demanded. Speaker Chopp divided the House. The results of the division was 43-YEAS; 53-NAYS. The amendment was not adopted.

 

             There being no objection, the committee 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 Buck, Regala, Rockefeller and Pennington spoke in favor of passage of the bill.

 

             Representative DeBolt spoke against passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 5255, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Senate Bill No. 5255, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 94.

             Voting nay: Representatives Benson and Dunn - 2.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Senate Bill No. 5255, as amended by the House, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Senate Bill No. 5255.

PAT SCOTT, 38th District

 

STATEMENT FOR THE JOURNAL

 

             I intended to vote YEA on Senate Bill No. 5255.

JIM DUNN, 17th District

 

             SUBSTITUTE SENATE BILL NO. 5967, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland and Rasmussen)

 

Determining nursing home bed capacity.

 

             The bill was read the second time.

 

             Representative Alexander moved the adoption of amendment (306):

 

             On page 2, after line 23, insert the following:

             "Sec. 3. 1999 c ... (ESSB 5180) s 207 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM

             General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . .$            ((451,758,000))

                                                                                                                                                             452,044,000

             General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . .$            ((476,187,000))

                                                                                                                                                             476,761,000

             General Fund--Federal Appropriation. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         ((1,000,701,000))

                                                                                                                                                             1,001,629,000

             General Fund--Private/Local Appropriation. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     4,274,000

             Health Services Account--State Appropriation. . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,104,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         ((1,935,024,000))

                                                                                                                                                             1,936,812,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) The entire health services account appropriation, $2,118,000 of the general fund--federal appropriation, $923,000 of the general fund--state appropriation for fiscal year 2000, and $958,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for health care benefits for home care workers who are employed through state contracts for at least twenty hours per week. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.

             (2) $1,640,000 of the general fund--state appropriation for fiscal year 2000 and $1,640,000 of the general fund--state appropriation for fiscal year 2001, plus the associated vendor rate increase for each year, are provided solely for operation of the volunteer chore services program.

             (3) For purposes of implementing Engrossed Second Substitute House Bill No. 1484 (nursing home payment rates), the weighted average nursing facility payment rate for fiscal year 2000 shall be no more than $10.36 for the capital portion of the rate and no more than $108.20 for the noncapital portion of the rate. For fiscal year ((2000)) 2001, the weighted average nursing facility payment rate shall be no more than $10.57 for the capital portion of the rate and no more than $110.91 for the noncapital portion of the rate. These rates include vendor rate increases, but exclude nurse's aide training.

             (4) ((If Engrossed Second Substitute House Bill No. 1484 is not enacted by June 30, 1999, for purposes of implementing chapter 322, Laws of 1998 (nursing home payment rates), the weighted average nursing home payment rate shall be no more than $118.39 for fiscal year 2000 and no more than $120.36 for fiscal year 2001, including vendor rate increases but excluding nurse's aide training. The appropriations in this section include $69,173,000 for fiscal year 2000 and $68,123,000 for fiscal year 2001 for the department of social and health services to include a property component, a financing allowance component, and a variable return component in the rate it pays to nursing facilities. By July 1, 1999, the department shall adopt rules on an emergency basis pursuant to RCW 34.05.350 under which each nursing facility contractor shall continue to be paid the property, the financing allowance, and the variable return rate which it was paid on June 30, 1999. Each nursing facility contractor's June 30, 1999, variable return rate shall be increased by 1 percent effective July 1, 1999. Each nursing facility contractor's June 30, 2000 variable return rate shall be increased by 1 percent effective July 1, 2000. With respect to a nursing facility which enters the medicaid program for the first time on or after July 1, 1999, the department shall pay the lesser of (a) the property, the financing allowance, and the variable return rate for which the facility would qualify under chapter 388-96 WAC; or (b) the state-wide average rate for each of those rate components, weighted by medicaid patient days. With respect to a nursing facility which makes a capitalized addition or replacement which requires a certificate of need and which is approved by the department of health on or after July 1, 1999, the department shall pay the lesser of (a) the property, the financing allowance, and the variable return rate for which the facility would qualify under chapter 388-96 WAC; or (b) the state-wide average rate for each of those rate components, weighted by medicaid patient days.))In addition to the rates set forth in subsection (3), $286,000 of the general fund--state appropriation for fiscal year 2000, $574,000 of the general fund--state appropriation for fiscal year 2001, and $928,000 of the general fund--federal appropriation are provided solely for supplemental rate adjustments for certain nursing facilities. In accordance with RCW 74.46.431, the department shall use these funds to apply an additional economic trends and conditions adjustment factor to the rate of any facility whose total rate allocation would otherwise be less than its April 1, 1999, total rate, adjusted for case-mix changes. This supplemental adjustment factor shall be the percentage by which the facility's April 1, 1999, rate would otherwise exceed the rate calculated in accordance with chapter 74.46 RCW and sub-section (3) of this section, except that (a) no adjustment shall be provided for any amounts by which a facility's rate is lower due to a reduction in its facility-average medicaid case-mix score; and (b) the adjustment factor shall be reduced proportionately for all facilities by the percentage by which total supplemental payments would otherwise exceed the funds provided for such payments in this sub-section.

             (5) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for payments to any nursing facility licensed under chapter 18.51 RCW which meets all of the following criteria: (a) The nursing home entered into an arm's length agreement for a facility lease prior to January 1, 1980; (b) the lessee purchased the leased nursing home after January 1, 1980; and (c) the lessor defaulted on its loan or mortgage for the assets of the home after January 1, 1991, and prior to January 1, 1992. Payments provided pursuant to this subsection shall not be subject to the settlement, audit, or rate-setting requirements contained in chapter 74.46 RCW.

             (6) $6,264,000 of the general fund--state appropriation for fiscal year 2000, $13,860,000 of the general fund--state appropriation for fiscal year 2001, and $21,795,000 of the general fund--federal appropriation are provided solely to increase compensation for individual and for agency home care providers. Payments to individual home care providers are to be increased from $6.18 per hour to $6.68 per hour on July 1, 1999, and to $7.18 per hour on July 1, 2000. Payments to agency providers are to increase to $11.97 per hour on July 1, 1999, and to $12.62 per hour on July 1, 2000. All but 14 cents per hour of the July 1, 1999, increase to agency providers, and all but 15 cents per hour of the additional July 1, 2000, increase is to be used to increase wages for direct care workers. The appropriations in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.

             (7) $200,000 of the general fund--state appropriation for fiscal year 2000, $80,000 of the general fund--state appropriation for fiscal year 2001, and $280,000 of the general fund--federal appropriation are provided solely for enhancement and integration of existing management information systems to (a) provide data at the local office level on service utilization, costs, and recipient characteristics; and (b) reduce the staff time devoted to data entry.

             (8) The department of social and health services shall provide access and choice to consumers of adult day health services for the purposes of nursing services, physical therapy, occupational therapy, and psychosocial therapy. Adult day health services shall not be considered a duplication of services for persons receiving care in long-term care settings licensed under chapter 18.20, 72.36, or 70.128 RCW.

             (9) $1,452,000 of the general fund--state appropriation for fiscal year 2000, $1,528,000 of the general fund--state appropriation for fiscal year 2001, and $2,980,000 of the general fund--federal appropriation are provided solely for implementation of Second Substitute House Bill No. 1546 (in-home care services). If Second Substitute House Bill No. 1546 is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

 

             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."

 

             Representative(s) Alexander, Cody and Parlette 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 Cody and Alexander spoke in favor of passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5967, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5967, 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute Senate Bill No. 5967, as amended by the House, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5967.

PAT SCOTT, 38th District

 

             SUBSTITUTE SENATE BILL NO. 5968, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland and Rasmussen)

 

Requiring supplemental payments to nursing facilities operated by public hospital districts.

 

             The bill was read the second time.

 

             Representative Cody moved the adoption of amendment (366):

 

             On page 1, after line 17, insert the following:

 

             "Sec. 1. 1999 c ... (ESSB 5180) s 210 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM

             General Fund--State Appropriation (FY 2000). . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                 722,863,000

             General Fund--State Appropriation (FY 2001). . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                 784,657,000

             General Fund--Federal Appropriation. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         ((2,345,803,000))

2,401,804,000

             General Fund--Private/Local Appropriation. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                 261,534,000

             Emergency Medical Services and Trauma Care Systems

                          Trust Account--State Appropriation. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     9,200,000

             Health Services Account--State Appropriation. . . . . . . . .. . . . . . .. . . . . . .. . . . . .$            ((339,535,000))

391,582,000

                          TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$         ((4,463,592,000))

4,571,641,000

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) The department shall continue to make use of the special eligibility category created for children through age 18 and in households with incomes below 200 percent of the federal poverty level made eligible for medicaid as of July 1, 1994.

             (2) It is the intent of the legislature that Harborview medical center continue to be an economically viable component of the health care system and that the state's financial interest in Harborview medical center be recognized.

             (3) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons and to provide foot care services by podiatric physicians and surgeons.

             (4) $1,647,000 of the general fund--state appropriation for fiscal year 2000 and $1,672,000 of the general fund--state appropriation for fiscal year 2001 are provided for treatment of low-income kidney dialysis patients.

             (5) $80,000 of the general fund--state appropriation for fiscal year 2000, $80,000 of the general fund--state appropriation for fiscal year 2001, and $160,000 of the general fund--federal appropriation are provided solely for the prenatal triage clearinghouse to provide access and outreach to reduce infant mortality.

             (6) The department shall adopt a new formula for distributing funds under the low-income disproportionate share hospital (LI-DSH) program. Under this new formula, (a) the state's Level 1 trauma center shall continue to receive the same amount of LI-DSH payments as in fiscal year 1999; and (b) ((in addition to other factors, the amount of a hospital's LI-DSH payment shall be inversely related to its net operating income as a percentage of total expenditures, such that more profitable hospitals receive a relatively smaller payment under the program)) a net profitability factor shall be included with other factors to determine LI-DSH payments. The net profitability factor shall inversely relate hospital percent net operating income to payment under the program.

             (7) The department shall report to the fiscal committees of the legislature by September 15, 1999, and again by December 15, 1999, on (a) actions it has taken and proposes to take to increase the share of medicare part B premium payments upon which it is collecting medicaid matching funds; (b) the percentage of such premium payments for each month of service subsequent to June 1998 which have been paid with unmatched, state-only funds; and (c) why matching funds could not be collected on those payments.

             (8) The department shall report to the fiscal committees of the legislature by December 1, 1999, and again by October 1, 2000, on the amount which has been recovered from third-party payers as a result of its efforts to improve coordination of benefits on behalf of "basic health plan-plus" enrollees.

             (9) The department shall report to the health care and fiscal committees of the legislature by December 1, 1999, on options for controlling the growth in medicaid prescription drug expenditures through strategies such as but not limited to volume purchasing, selective contracting, supplemental drug discounts, and improved care coordination for high utilizers.

             (10) $3,992,000 of the health services account appropriation and $7,651,000 of the general fund--federal appropriation are provided solely for health insurance coverage for children with family incomes between 200 percent and 250 percent of the federal poverty level, as provided in Substitute Senate Bill No. 5416 (children's health insurance program). If the bill is not enacted by June 30, 1999, these amounts shall lapse.

             (11) $191,000 of the general fund--state appropriation for fiscal year 2000 and $391,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for implementation of Substitute Senate Bill No. 5587 (patient bill of rights). If the bill is not enacted by June 30, 1999, these amounts shall lapse.

             (12) Upon approval from the federal health care financing administration, the department shall implement the section 1115 family planning waiver to provide family planning services to persons with family incomes at or below two hundred percent of the federal poverty level.

             (13) Except in the case of rural hospitals and Harborview medical center, weighted average payments ((rates)) under the ratio-of-cost-to-charges hospital payment system shall increase by no more than ((4.7)) 175 percent ((per year)) of the DRI HCFA hospital reimbursement market basket index.

             (14) From the funds appropriated in this section, the department shall provide chiropractic services for persons qualifying for medical assistance services under chapter 74.09 RCW.

             (15) In accordance with Substitute Senate Bill No. 5968, $25,978,000 of the health services account appropriation for fiscal year 2000, $26,069,000 of the health services account appropriation for fiscal year 2001, and $56,002,000 of the general fund--federal appropriation, or so much thereof as may be expended without exceeding the medicare upper payment limit, are provided solely for supplemental payments to nursing homes operated by rural public hospital districts. Such payments shall be distributed among the participating rural public hospital districts proportional to the number of days of medicaid-funded nursing home care provided by each district during the preceding calendar year, relative to the total number of such days of care provided by all participating rural public hospital districts. Prior to making any supplemental payments, the department shall first obtain federal approval for such payments under the medicaid state plan. The payments shall further be conditioned upon (a) a contractual commitment by the association of public hospital districts and participating rural public hospital districts to make an intergovernmental transfer to the state treasurer, for deposit into the health services account, equal to at least 82 percent of the supplemental payment amount; and (b) a contractual commitment by the participating districts to not allow expenditures covered by the supplemental payments to be used for medicaid nursing home rate-setting."

 

             Correct the title.

 

             Representative(s) Cody and Parlette 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.

 

             Representative Cody spoke in favor of passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5968, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5968, 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute Senate Bill No. 5968, as amended by the House, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5968.

PAT SCOTT, 38th District

 

             SUBSTITUTE SENATE BILL NO. 5011, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Franklin, Loveland, Winsley, Patterson, Deccio, McCaslin, Goings, Oke and Costa)

 

Changing provisions relating to dangerous mentally ill offenders.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Lovick and Ballasiotes spoke in favor of passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5011.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5011 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, 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, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 94.

             Voting nay: Representatives Benson and Huff - 2.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute Senate Bill No. 5011, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5011.

PAT SCOTT, 38th District

 

             SUBSTITUTE SENATE BILL NO. 5298, by Senate Committee on Education (originally sponsored by Senators McAuliffe, Winsley, Goings, Honeyford, Eide, Brown, Kohl-Welles and Patterson; by request of Superintendent of Public Instruction)

 

Changing local assistance funds provisions.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Cox and Rockefeller spoke in favor of passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5298.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5298 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, 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, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 94.

             Voting nay: Representatives Huff and Lisk - 2.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute Senate Bill No. 5298, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5299.

PAT SCOTT, 38th District

 

             SUBSTITUTE SENATE BILL NO. 5416, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Thibaudeau, Eide, Patterson, Franklin, Rasmussen, Snyder, Wojahn, Bauer, Kohl-Welles and McAuliffe; by request of Governor Locke)

 

Creating the children's health insurance program.

 

             The bill was read the second time.

 

             Representative Alexander moved the adoption of amendment (362):

 

             On page 1, line 18, strike "and"

             On page 1, line 19, after "Title XXI" strike "." and insert "; and (e) who has a special health care need. A child with a special health care need is: (i) one who has a chronic health condition that is expected to last at least one year and have significant sequelae requiring ongoing extensive medical care. Examples of such conditions may include but are not limited to: birth defects including genetic, congenital, or acquired disorders; developmental disabilities; and chronic illnesses such as diabetes, sickle cell disease, cystic fibrosis, muscular dystrophy, and cerebral palsy. A child who has any of these conditions, as diagnosed by their primary care or specialty physician, shall be eligible for the Washington state children's health insurance program with minimal ongoing evaluation; or (ii) one who has a condition that is initially severe but will improve over time as a result of appropriate treatment. Examples of these conditions may include but are not limited to: malignancies, chronic respiratory disease of prematurity, and severe injuries. A child who has any of these conditions, will require extensive medical services for a limited time, and will be initially eligible for the children's health insurance program. In order for such a child to remain eligible in the children's health insurance program, the health status of the child must be reviewed on an annual basis by a physician experienced in providing care to children with special health care needs.

             (3) Upon notification to the Legislature that the department has exceeded by 10,000 the 1999-01 budget goal of the ongoing outreach project to enroll 21,500 additional children with family incomes at or below 200% of federal poverty level, the department may expand the children’s health insurance program to all children in families below 250 percent of the federal poverty level not otherwise eligible for Medicaid. Such expansion shall be contingent upon the Legislature’s acknowledgment of the achievement of this level of performance, at which time, subsection (2)(e)of this section shall no longer be applicable. The department shall report to the fiscal committees of the Legislature on December 1, 1999 and December 1, 2000 the incremental number of average monthly eligible children enrolled each month as a result of this outreach effort.

             (4) By December 15, 1999, the Washington health care authority shall provide recommendations to the Legislature on the design of a state program to meet the health care coverage needs of children in families between 200 and 250 percent of the federal poverty level that meets the requirements of the federal Children’s Health Insurance Program. In preparing the recommendations the authority shall contract with an actuarial firm to develop the final recommendations reported to the Legislature. The firm must have extensive knowledge of the operations of health care coverage systems, both public and private, and must have experience in providing recommendations to at least one other state that has designed a state program that received approval by the federal government to serve children eligible for the Children’s Health Insurance Program as authorized by Congress. In preparing the final recommendations, the firm must evaluate and bring forward recommendations to implement all of the following program structures: employer partnership programs; premium payment assistance for eligible families; employer tax credits or other incentives to employers to provide family coverage; expansion of existing state programs other than Medicaid; and creation of a separate state program to specifically implement the Children’s Health Insurance Program."

 

             Renumber remaining subsections consecutively.

 

             Representative(s) Alexander, Huff, Pflug, Mastin, Parlette, Fortunato, Pflug (again), Cox and Huff spoke in favor of the adoption of the amendment.

 

             Representative(s) Schual-Berke, Cody, Conway, Gombosky, Ruderman and Kessler spoke against the adoption of the amendment.

 

             Representative Schual-Berke demanded the previous question.

 

             Division was demanded. Speaker Chopp divided the House. The results of the division was 45-YEAS; 51-NAYS. The amendment was not adopted.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Edwards and Eickmeyer spoke in favor of passage of the bill.

 

             Representatives Benson and Pflug spoke against passage of the bill.

 

             Representative Morris demanded the previous question.

 

MOTION

 

             On motion of Representative Schoesler, Representative Huff was excused.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5416, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5416, as amended by the House, and the bill passed the House by the following vote: Yeas - 67, Nays - 28, Absent - 0, Excused - 3.

             Voting yea: Representatives Anderson, Ballasiotes, Barlean, Buck, Cairnes, Campbell, Carlson, Clements, Cody, Constantine, Conway, Cooper, Cox, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lovick, McDonald, McIntire, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, Schoesler, Schual-Berke, Skinner, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wensman, Wolfe, Wood and Mr. Speaker Chopp - 67.

             Voting nay: Representatives Alexander, Benson, Boldt, Bush, Carrell, B. Chandler, G. Chandler, Crouse, DeBolt, Delvin, Dunn, Esser, Fortunato, Koster, Lisk, Mastin, McMorris, Mielke, Mulliken, Pennington, Pflug, Schindler, K. D. Schmidt Sommers, Sump, Talcott, Thomas and Van Luven - 28.

             Excused: Representatives Huff, Scott and Mr. Speaker Ballard - 3.

 

             Substitute Senate Bill No. 5416, as amended by the House, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5416.

PAT SCOTT, 38th District

 

             There being no objection, all bills passed were immediately transmitted to the Senate.

 

             Speaker Chopp called upon Representative Ogden to preside.

 

             There being no objection, the House reverted to the fourth order of business.

 

INTRODUCTIONS AND FIRST READING

 

HB 2290           by Representatives Carrell, Sullivan, Lambert, Esser, Cox, Schindler, Mielke, Crouse, Sump, Ballasiotes, Bush, Carlson, Buck, Dunn, D. Sommers, McDonald and Conway

 

AN ACT Relating to preventing access by minors to materials about bomb making.

 

HB 2291           by Representative Benson

 

                          AN ACT Relating to regulating structured settlements.

 

HB 2292           by Representatives Schoesler and Benson

 

AN ACT Relating to changing provisions relating to rebating by practitioners of healing professions.

 

HB 2293           by Representatives Cody and Van Luven

 

AN ACT Relating to certifying hemodialysis technicians.

 

HJM 4016         by Representatives Carrell, Sullivan, Ballasiotes, Mielke, Sump, Carlson, Bush, Crouse, Buck, Dunn, D. Sommers, McDonald and Conway

 

AN ACT Relating to petitioning Congress to enact legislation to prohibit access by minors to information on how to make bombs through interstate commerce.

 

HCR 4413         by Representatives Carrell, Constantine, Kastama, McDonald, Lantz, Schindler, Lambert, Dickerson, Lovick, Cox, Hurst and Esser

 

AN ACT Relating to establishing a joint task force on equal access to justice.

 

HCR 4414         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4415         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4416         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4417         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4418         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4419         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4420         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

HCR 4421         by Representative Kessler

 

AN ACT Relating to making exceptions to cutoff dates.

 

ESSB 5693       by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Wojahn, McDonald, Deccio, Thibaudeau, Roach, Winsley, Oke, Rasmussen, Prentice and Costa)

 

Establishing the developmental disabilities endowment trust fund.

 

ESSB 6067       by Committee on Health & Long-Term Care (originally sponsored by Senator Thibaudeau)

 

AN ACT Relating to modifying provisions concerning access to individual health insurance coverage.

 

SCR 8410         by Senator B. Sheldon

 

AN ACT Relating to making exceptions to cutoff dates.

 

             There being no objection, the rules were suspended and Substitute Senate Bill No. 5693 was advanced to second reading.

 

             Speaker Chopp assumed the chair.

 

SECOND READING

 

             ENGROSSED SUBSTITUTE SENATE BILL NO. 5693, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Wojahn, McDonald, Deccio, Thibaudeau, Roach, Winsley, Oke, Rasmussen, Prentice and Costa)

 

Establishing the developmental disabilities endowment trust fund.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Fortunato and Tokuda spoke in favor of passage of the bill.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5693.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5693 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute Senate Bill No. 5693, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5693.

PAT SCOTT, 38th District

 

             Speaker Chopp called upon Representative Ogden to preside.

 

MESSAGE FROM THE SENATE

April 22, 1999

Mr. Speaker:

 

             The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE JOINT RESOLUTION NO. 8208 and asks the House to recede therefrom, and the same is herewith transmitted.

 

Tony M. Cook, Secretary

 

             There being no objection, the House receded from its amendments to Substitute Senate Joint Resolution No. 8208 and advanced the resolution to final passage.

 

FINAL PASSAGE

 

             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute Senate Joint Memorial No. 8208.

 

             Representative H. Sommers spoke in favor of final passage.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Joint Memorial No. 8208 and the resolution 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, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, 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 and Mr. Speaker Chopp - 96.

             Excused: Representatives Scott and Mr. Speaker Ballard - 2.

 

             Substitute Senate Joint Memorial No. 8208, having received a two thirds majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Joint Memorial No. 8208.

PAT SCOTT, 38th District

 

MESSAGES FROM THE SENATE

April 25, 1999

Mr. Speaker:

 

             The Senate receded from its from its amendment(s) to ENGROSSED HOUSE BILL NO. 1773 (1773.E AAS 4/16/99 S2853.1) adopted on 4/16/99. Under suspension of rules, the Senate returned the bill to Second Reading for purpose of amendment(s) and adopted amendment(s) #521 by Senators Heavey and others. The Senate failed to pass the bill as amended, and the same is herewith transmitted.

 

Tony M. Cook, Secretary

 

April 25, 1999

Mr. Speaker:

 

             The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:

 

SUBSTITUTE SENATE BILL NO. 5967,

SUBSTITUTE SENATE BILL NO. 5968,

 

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

SIGNED BY THE SPEAKERS

 

             The Speakers have signed:

SECOND SUBSTITUTE HOUSE BILL NO. 1493,

HOUSE BILL NO. 1757,

SUBSTITUTE HOUSE BILL NO. 1774,

 

             There being no objection, the Committee on Agriculture & Ecology was relieve of Substitute Senate Bill No. 5729, the rules were suspended and the bill was advanced to second reading.

 

SECOND READING

 

             SUBSTITUTE SENATE BILL NO. 5729, by Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Rasmussen and Swecker)

 

Establishing parameters for solid waste facility locational standards.

 

             The bill was read the second time.

 

             Representative Koster moved the adoption of amendment (324):

 

             On page 2, line 2, after "section." insert "This section shall not apply to the construction of any landfill which has received some or all of the required permits, or for which permit applications have been filed."

 

             Representative(s) Koster and G. Chandler spoke in favor of the adoption of the amendment.

 

             Representative Campbell spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Campbell, Thomas and Bush spoke in favor of passage of the bill.

 

             Representative G. Chandler spoke against passage of the bill.

 

             Representative Kessler demanded the previous question and the demand was sustained.

 

MOTION

 

             On motion of Representative Schoesler, Representatives Alexander and DeBolt were excused.

 

             Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5729, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5729, as amended by the House, and the bill passed the House by the following vote: Yeas - 56, Nays - 38, Absent - 0, Excused - 4.

             Voting yea: Representatives Barlean, Benson, Bush, Campbell, Carlson, Clements, Cody, Constantine, Conway, Cooper, Dickerson, Dunn, Dunshee, Edwards, Eickmeyer, Fisher, Gombosky, Haigh, Hatfield, Hurst, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Lovick, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Pennington, Pflug, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. Schmidt, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Thomas, Tokuda, Van Luven, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 56.

             Voting nay: Representatives Anderson, Ballasiotes, Boldt, Buck, Cairnes, Carrell, B. Chandler, G. Chandler, Cox, Crouse, Delvin, Doumit, Edmonds, Ericksen, Esser, Fortunato, Grant, Hankins, Huff, Kagi, Koster, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Radcliff, Schindler, K. Schmidt, Schoesler, Sullivan, Sump, Talcott and Wensman - 38.

             Excused: Representatives Alexander, DeBolt, Scott and Mr. Speaker Ballard - 4.

 

             Substitute Senate Bill No. 5729, as amended by the House, having received the constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

             Had I been present, I would have voted YEA on Substitute Senate Bill No. 5729.

PAT SCOTT, 38th District

 

SENATE AMENDMENTS TO HOUSE BILL

April 25, 1999

Mr. Speaker:

 

             Under suspension of rules, the Senate returned SUBSTITUTE HOUSE BILL NO. 1165 to Second Reading for purpose of amendment(s). The Senate adopted the Ways & Means Committee amendment(s) as amended by 1165-S AMS BAUE S3009.2 (FLR 319), and passed the bill as amended,

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period ending June 30, 2001, out of the several funds specified in this act.

 

             NEW SECTION. Sec. 2. Numbers in parentheses refer to project identifier codes established by the office of financial management. For projects with two identifier codes, the first identifier code refers to the reappropriation and the second identifier code refers to the new appropriation.

 

PART 1

GENERAL GOVERNMENT

 

             NEW SECTION. Sec. 101. FOR THE COURT OF APPEALS

             Division II Court and Office: Renovation (00-1-001)

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,400,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,400,000

 

             NEW SECTION. Sec. 102. FOR THE OFFICE OF THE SECRETARY OF STATE

             Northwest Washington Regional Archives: HVAC system upgrade and balancing (00-1-001)

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                          70,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                          70,000

 

             NEW SECTION. Sec. 103. FOR THE OFFICE OF THE SECRETARY OF STATE

             Tumwater Records Center: Expansion (00-2-001)

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        250,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,550,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,800,000

 

             NEW SECTION. Sec. 104. FOR THE OFFICE OF THE SECRETARY OF STATE

             Puget Sound Archives Building (94-2-003)

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        200,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     6,540,125

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     6,740,125

 

             NEW SECTION. Sec. 105. FOR THE OFFICE OF THE SECRETARY OF STATE

             Birch Bay Records Storage: Asbestos Abatement (94-1-002)

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                          89,355

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        110,645

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        200,000

 

             NEW SECTION. Sec. 106. FOR THE OFFICE OF THE SECRETARY OF STATE

             Eastern Branch Archives Building: Design (98-2-001)

 

             The reappropriation in this section is provided solely for completion of the design phase for the eastern regional archives facility to be sited on the south campus of the Riverpoint higher education park in Spokane.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                          48,645

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        530,972

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     5,135,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     5,714,617

 

             NEW SECTION. Sec. 107. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Community Economic Revitalization (86-1-001) (00-2-001)

 

             The reappropriation in this section from the public facilities construction loan revolving account is subject to the following conditions and limitations:

             (1) The department shall ensure that all funds transferred from the public works assistance account into the public facilities construction loan revolving account during the 1997-99 biennium are used only for loans to local governments.

             (2) The department shall also ensure that all principal and interest payments from these loans are paid into the public works assistance account.

             (3) The new appropriation from the public facility construction loan revolving account shall be used solely to provide loans to eligible local governments and grants to the extent permitted by law. The department shall ensure that all principal and interest payments from loans made on moneys from this account are paid into this account.

 

Reappropriation:

             Public Works Assistance Account--State. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,539,515

             Public Facility Construction Loan Revolving Account--State. . . .. . . . . . .. . . . . .$                     9,500,000

-------------

                          Subtotal Reappropriation. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   11,539,515

 

Appropriation:

             Public Facility Construction Loan Revolving Account--State. . . .. . . . . . .. . . . . .$                   13,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        559,003

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   36,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   60,598,518

 

             NEW SECTION. Sec. 108. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             County Public Facility Construction (00-2-010)

 

             The appropriations in this section shall be used solely for financial assistance to distressed counties that have experienced extraordinary costs due to the location of a major new business facility or the substantial expansion of an existing business facility in the county. The entire appropriation from the state building construction account shall be provided as a grant to support the Grays Harbor water system project.

 

Appropriation:

             Distressed County Facilities Construction Loan Account--State. .. . . . . .$                                   4,000,000

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     3,500,000

-------------

                          Subtotal Appropriation. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     7,500,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   16,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   23,500,000

 

             NEW SECTION. Sec. 109. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Burke Museum Governance and Siting Study

 

             The appropriation in this section is subject to the following condition and limitation:

             Funds are provided for a study of the governance of the Burke museum and for an examination of the potential expansion of the museum facility including siting issues. The study shall be facilitated by the department. The study members shall include representatives from the University of Washington, the department of community, trade, and economic development's tourism and economic development units, the executive director of the Washington state historical society, the city of Seattle, King county, and members of the community and businesses from various geographic regions of the state. The department shall provide a report to the legislature by June 30, 2001, outlining funding strategies for an expanded state natural history museum which recognizes the limited state resources for capital facilities programmatic enhancements, and outlines alternative funding resources and partners.

 

Appropriation:

             University of Washington Building Account--State. . . . .. . . . . . .. . . . . . .. . . . . .$                        350,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        350,000

 

             NEW SECTION. Sec. 110. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Public Works Trust Fund (94-2-001) (00-2-002)

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) $10,000,000 of the new appropriation in this section is provided solely for the preconstruction program as set forth in RCW 43.155.068.

             (2) $2,000,000 of the new appropriation in this section is for the emergency loan program as set forth in RCW 43.155.065.

 

Reappropriation:

             Public Works Assistance Account--State. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                 179,446,108

Appropriation:

             Public Works Assistance Account--State. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                 203,150,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   68,904,717

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                 852,600,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$              1,304,100,825

 

             NEW SECTION. Sec. 111. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Housing Assistance, Weatherization, and Affordable Housing (88-5-015) (00-2-003)

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) $5,000,000 of the new appropriation from the state building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.

             (2) $1,800,000 of the reappropriation from the state building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.

             (3) $1,000,000 of the new appropriation from the state building construction account is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                   22,000,000

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                   57,500,000

             Washington Housing Trust Account--State. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     4,300,000

-------------

                          Subtotal Appropriation. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   61,800,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   43,790,503

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                 200,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                 327,590,503

 

             NEW SECTION. Sec. 112. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Development Loan Fund (88-2-006) (00-2-004)

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        558,716

             Washington State Development Loan Account--State. . . . . . . . . .. . . . . . .. . . . . .$                     2,439,932

-------------

                          Subtotal Reappropriation. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,998,648

 

Appropriation:

             Washington State Development Loan Account--State. . . . . . . . . .. . . . . . .. . . . . .$                     3,500,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        805,237

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   18,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   25,303,885

 

             NEW SECTION. Sec. 113. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Building for the Arts (92-5-100) (00-2-005)

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) The following projects are eligible for funding:

 

             Location                                                                                                                              Recommendation

Projects Previously Approved

Columbia Theatre (Phase II), Longview                                                                                                         $75,000

Mt. Baker Theatre (Phase II), Bellingham                                                                                                    $137,000

People's Lodge, Seattle                                                                                                                                 $256,000

Seattle Symphony, Seattle                                                                                                                          $1,600,000

 

             New Projects

Arts West, Seattle                                                                                                                                          $262,000

Bellevue Art Museum, Bellevue                                                                                                                $1,250,000

Chewelah Com. Celebrations, Chewelah                                                                                                          $6,500

Children's Museum/Spokane, Spokane                                                                                                           $62,000

Columbia Point (Phase II), Richland                                                                                                             $428,000

Everett Theatre, Everett                                                                                                                                  $91,000

Filipino-American Community Hall, Bainbridge Island                                                                                 $32,000

Gladish Center, Pullman                                                                                                                                 $36,000

Harlequin Productions, Olympia                                                                                                                   $170,000

Harrington Opera House, Harrington                                                                                                              $35,000

Icicle Creek Music Center, Leavenworth                                                                                                        $54,000

Intiman Theatre, Seattle                                                                                                                                $380,000

International Glass Museum, Tacoma                                                                                                           $750,000

Kirkland Arts Center, Kirkland                                                                                                                         $9,900

Knutzen Theatre, Federal Way                                                                                                                     $413,000

Maple Hall, La Conner                                                                                                                                  $135,000

Nisqually Cultural Museum, Olympia                                                                                                              $2,400

Pottery Northwest, Seattle                                                                                                                             $298,000

Richard Hugo House, Seattle                                                                                                                          $50,000

Spokane Civic Theatre, Spokane                                                                                                                    $69,000

Tacoma Art Museum, Tacoma                                                                                                                   $1,250,000

West Olympic Council/Arts, Forks                                                                                                                 $18,000

 

Total All Projects                                                                                                                                       $7,869,800

 

             (2) State grants shall not exceed fifteen percent of either the estimated total capital cost or actual capital cost of a project, whichever is less. The remaining portions of the project capital costs shall be a match from nonstate sources. The match may include cash and land value. The department is authorized to set matching requirements for individual projects.

             (3) State grants shall be distributed in the order in which matching requirements are met. The department may fund projects that demonstrate adequate progress and have secured the necessary match funding. The recommendations for funding in this section do not imply a commitment on the part of the state. Those projects listed in subsection (1) of this section that do not receive funding from the appropriation in this section are required to recompete for future funding.

             (4) By December 15, 1999, the department shall submit a report to the appropriate fiscal committees of the legislature on the progress of the building for the arts program, including a list of projects funded under this section.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     3,099,519

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     5,600,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     4,444,375

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   16,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   29,143,894

 

             NEW SECTION. Sec. 114. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Community Services Facilities Program (98-2-007) (00-2-006)

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) The state grant may provide no more than twenty-five percent of either the estimated total capital cost or actual total capital cost, whichever is less. The remaining portion of the project capital cost shall be a match from nonstate sources and may include cash, land value, and other in-kind contributions.

             (2) $1,500,000 is provided for development, renovation, and expansion of boys and girls clubs in Washington.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,416,470

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     4,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     3,022,997

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   16,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   24,439,467

 

             NEW SECTION. Sec. 115. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Drinking Water Assistance Program (98-2-008) (00-2-007)

 

             The appropriations in this section are subject to the following conditions and limitations:

             (1) Funding from the state shall be matched with new federal sources to improve the quality of drinking water in the state, and shall be used solely for projects that achieve the goals of the federal safe drinking water act.

             (2) The department shall report to the appropriate committees of the legislature by January 1, 2000, on the progress of the program, including administrative and technical assistance procedures, the application process, and funding priorities.

 

Reappropriation:

             Drinking Water Assistance Account--State. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     9,058,862

Appropriation:

             Drinking Water Assistance Account--State. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     7,700,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        890,138

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   20,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   37,649,000

 

             NEW SECTION. Sec. 116. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Housing for Homeless Families With Children Program (00-2-009)

 

             The appropriation in this section is provided solely for the development of additional emergency shelters and transitional housing opportunities for homeless families with children. The department shall endeavor to minimize the amount of these funds that are utilized for staff and administrative purposes.

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     5,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   20,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   25,000,000

 

             NEW SECTION. Sec. 117. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Farm Worker Housing Assistance (00-2-011)

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) The appropriation is provided solely for low-income farmworker housing and low-income temporary farmworker facilities.

             (2) $2,000,000 of the appropriation is provided for land acquisition in areas that would facilitate development of low-income farmworker housing and facilities.

             (3) It is the intent of the legislature that operation of the facilities built under this section be in compliance with 8 U.S.C. Sec. 1342.

             (4) The department shall endeavor to minimize the amount of these funds that are utilized for staff and administrative purposes.

             (5) By December 15, 1999, the department shall submit a report to the appropriate committees of the legislature on the progress of the development of housing for farmworkers, including a list of projects funded under this section.

             (6) The department shall work with the farmworker housing advisory committee to prioritize funding of projects to the areas of highest need.

             (7) Except as directed in subsection (2) of this section, funding may also be provided, to the extent qualified projects are submitted, for health and safety projects.

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     8,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   32,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   40,000,000

 

             NEW SECTION. Sec. 118. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Seventh Street Theatre (90-2-008)

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        123,984

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                            6,016

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        130,000

 

             NEW SECTION. Sec. 119. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Snohomish County Drainage (92-2-011)

 

             The reappropriation in this section shall be matched by at least $585,000 provided from nonstate sources for capital costs of this project.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        344,829

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        344,829

 

             NEW SECTION. Sec. 120. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Challenger Learning Center (93-5-006)

 

             The reappropriation in this section is subject to the following conditions and limitations:

             (1) The reappropriation is provided solely for support of science education at the Challenger learning center at the museum of flight; and

             (2) Each dollar expended from the reappropriation in this section shall be matched by at least one dollar from nonstate sources for the same purpose.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                          61,673

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        258,639

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        320,312

 

             NEW SECTION. Sec. 121. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Washington Technology Center: Equipment (94-2-002)

 

             The reappropriation in this section is provided solely for equipment installation on the first floor of Fluke Hall. The reappropriation shall be transferred and administered by the University of Washington.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                            9,435

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                            9,435

 

             NEW SECTION. Sec. 122. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Olympic Peninsula Natural History Museum (94-2-005)

 

             The reappropriation in this section is subject to the following conditions and limitations:

             (1) Each two dollars expended from this reappropriation shall be matched by at least one dollar from other sources. The match may include cash, land, and in-kind donations.

             (2) It is the intent of the legislature that this reappropriation represents a one-time grant for this project.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        164,827

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        164,827

 

             NEW SECTION. Sec. 123. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Thorp Grist Mill (94-2-007)

 

             The total state funding in this section shall be matched by at least $47,500 from nonstate and nonfederal sources. The match may include cash or in-kind contributions. The department shall assist the Thorp Mill town historical preservation society in soliciting moneys from the intermodal surface transportation efficiency act to support the project.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                          23,425

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                          39,449

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                          62,874

 

             NEW SECTION. Sec. 124. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Daybreak Star Center (94-2-100)

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        155,274

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        514,416

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        669,690

 

             NEW SECTION. Sec. 125. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Timber Ports Capital Asset Improvement (94-2-102)

 

             The appropriation in this section is provided to continue assisting the ports of Grays Harbor, Port Angeles, and Longview with infrastructure development and facilities improvements to increase economic diversity and enhance employment opportunities. The reappropriation is subject to the following conditions and limitations:

             (1) Each port shall provide, at a minimum, six dollars of nonstate match for every five dollars received from the reappropriation. The match may include cash and land value.

             (2) State assistance to each port shall not exceed the following amounts:

 

                          Port                                                                              Amount

 

             Grays Harbor                                                                     $ 564,000

             Port Angeles                                                                       $1,500,000

             Longview                                                                           $1,855,000

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        941,479

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,359,689

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,301,168

 

             NEW SECTION. Sec. 126. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Mirabeau Point Community Complex (98-2-010)

             The reappropriation in this section is subject to the following conditions and limitations:

             (1) The amount is provided solely for a grant to Spokane county for design and development costs for Mirabeau Point community complex.

             (2) The amount represents the entire state contribution to the project and shall be matched by $8,500,000 in contributions toward the project from nonstate sources.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,206,437

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        293,563

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,500,000

 

             NEW SECTION. Sec. 127. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Infrastructure Needs Assessment (99-2-008)

             The reappropriation in this section is subject to the following conditions and limitations:

             (1) The public works board, "board", in consultation with the department of community, trade, and economic development, shall contract for a local government infrastructure needs assessment. The board shall issue a progress report to the governor, house of representatives capital budget committee, the senate ways and means committee, the joint legislative transportation committee, the house of representative government administration committee, and the senate government operations committee by January 31, 1999. The final report shall be delivered by June 30, 1999.

             (2) The infrastructure needs assessment shall use local capital improvement plans, to the extent available, to identify local government infrastructure needs for the planning, acquisition, construction, repair, replacement, rehabilitation, or improvements necessary for the next six years. The definitions and principles to be used in determining infrastructure needs shall be those set forth in chapter 36.70A RCW, including economic development. The infrastructure assessment shall also include a listing, description and evaluation of utilization of all private and public financing options, and policy alternatives that would assist in meeting local government infrastructure needs. For the purpose of this infrastructure needs assessment:

             (a) Local government shall include each city, town, and each water, sewer, storm water, and public utility district providing water or sewer services in the state of Washington.

             (b) Infrastructure shall be limited to bridges, roadways, domestic water, sanitary sewer, and storm water systems.

             (3) The board shall contract for the collection and review of local capital expenditure data, the evaluation of local government infrastructure needs, the projection of future infrastructure needs, including needs to meet requirements under chapter 36.70A RCW. The board shall also contract for the development of criteria for a data base which can be maintained and updated, and such other matters as the board may deem necessary to provide an adequate representation of local capital needs and the ability of local governments to finance such needs.

             (4) The legislative evaluation and accountability program shall cooperate with the department in the completion of the infrastructure needs assessment and may enter into interagency agreements. The legislative evaluation and accountability program shall develop the structure of the local government infrastructure data base and provide recommendations on the maintenance of the data base. The data base shall: Use the data compiled by and be compatible with that developed by the board's contractor; and have a structure to maintain its future use and update.

             The department shall provide a compilation of all capital improvement plans prepared by local governments. The department shall identify: Federal, state, and local infrastructure financing sources currently in use; all revenue sources available, but fully utilized by each local government, and obstacles to full utilization; and the compilation of local government expenditures for infrastructure investments by source of funds and by jurisdiction for the period beginning January 1, 1993, and ending December 31, 1997, for local governments with a population greater than fifty thousand; and January 1, 1995, and ending December 31, 1997, for local governments with fewer than fifty thousand population.

             (5) The board shall convene an advisory committee of stakeholders to include representatives from the department of community, trade, and economic development, the office of financial management, the legislative evaluation and accountability program, the association of Washington cities, the Washington association of realtors, the national association of industrial office properties, the building industry association of Washington, the associated general contractors, the association of Washington business, Washington state building and construction trades council, and 1000 friends of Washington. The board may, as it deems necessary, utilize technical advisory groups or state agencies in addition to the advisory committee to assist itself in implementing this proviso.

             The advisory committee shall serve assist the board in guiding the infrastructure assessment and in developing interpretation of this proviso as necessary. The committee shall establish criteria and categorize infrastructure projects as necessary to meet the requirements set forth in chapter 36.70A RCW, or as reflective of other community priorities, and review elements and standards of infrastructure needs identified in the study.

 

Reappropriation:

             Public Works Assistance Account--State. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                          50,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                          50,000

 

             NEW SECTION. Sec. 128. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Emergency Flood and Erosion Repairs (99-2-009)

 

             The reappropriation in this section is provided solely to continue shoreline repairs at Ocean Shores to prevent further erosion and flood control.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        150,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                        150,000

 

             NEW SECTION. Sec. 129. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Grays Harbor Dredging (88-2-006)

 

             The reappropriation in this section is subject to the following conditions and limitations:

             (1) The reappropriation is provided solely for the state's share of remaining cost for Grays Harbor dredging and associated mitigation.

             (2) State funds shall be disbursed at a rate not to exceed one dollar for every four dollars of federal funds expended by the army corps of engineers and one dollar from other nonstate sources.

             (3) Expenditure of moneys from this reappropriation is contingent on a cost-sharing arrangement and the execution of a local cooperation agreement between the port of Grays Harbor and the army corps of engineers pursuant to P.L. 99-662, the federal water resources development act of 1986, whereby the corps of engineers will construct the project as authorized by the federal act.

             (4) In the event the project cost is reduced, any resulting reduction and reimbursement of nonfederal costs realized by the port of Grays Harbor shall be shared proportionally with the state.

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,000,000

 

             NEW SECTION. Sec. 130. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

             Cedar River Dredging

 

             The appropriation in this section is provided solely for a grant to the city of Renton for dredging the Cedar river where it enters Lake Washington.

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,500,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,500,000

 

             NEW SECTION. Sec. 131. FOR THE OFFICE OF FINANCIAL MANAGEMENT

             Underground Storage Tank: Pool (00-1-001)

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) The money provided in this section shall be allocated to agencies and institutions for removal, replacement, and environmental cleanup projects related to underground storage tanks.

             (2) No moneys appropriated in this section or in any section specifically referencing this section shall be expended unless the office of financial management has reviewed and approved the cost estimates for the project. Projects to replace tanks shall conform with guidelines to minimize risk of environmental contamination. Above ground storage tanks shall be used whenever possible and agencies shall avoid duplication of tanks.

             (3) Funds not needed for the purposes identified in this section may be transferred for expenditure to the Year 2000 Building, Facility, and Equipment Date Conversion project in section 135 of this act.

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     8,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   10,000,000

 

             NEW SECTION. Sec. 132. FOR THE OFFICE OF FINANCIAL MANAGEMENT

             Hazardous Materials: Pool (00-1-002)

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) The money provided in this section shall be allocated to agencies and institutions for removal or abatement of asbestos and other hazardous materials.

             (2) No moneys appropriated in this section or in any section specifically referencing this section shall be expended unless the office of financial management has reviewed and approved the cost estimates for the project.

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     8,000,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   10,000,000

 

             NEW SECTION. Sec. 133. FOR THE OFFICE OF FINANCIAL MANAGEMENT

             Budget System Improvements (00-1-004)

 

Appropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                        300,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,200,000

-------------

                          TOTAL. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                     1,500,000

 

             NEW SECTION. Sec. 134. FOR THE OFFICE OF FINANCIAL MANAGEMENT

             Colocated Cascadia Branch Campus (94-1-003)

 

Reappropriation:

             State Building Construction Account--State. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$                     2,000,000

 

             Prior Biennia (Expenditures). . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                   15,421,888

             Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                                   0

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