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ONE HUNDRED-FIRST DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Olympia, Wednesday, April 18, 2001
The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Constantine, Haugen and Patterson. On motion of Senator Honeyford, Senator Benton was excused. On motion of Senator Eide, Senators Constantine, Haugen and Patterson were excused.
The Sergeant at Arms Color Guard consisting of Pages David Kramer and Emily Miller, presented the Colors. Reverend Robby Robertson, assistant pastor of the Evergreen Christian Center in Olympia, and a guest of Senator Swecker, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
April 17, 2001
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 1886, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 17, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE HOUSE BILL NO. 1906, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 17, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2138, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5060,
SENATE BILL NO. 5063,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5101,
SUBSTITUTE SENATE BILL NO. 5123,
ENGROSSED SENATE BILL NO. 5143,
SUBSTITUTE SENATE BILL NO. 5182,
SUBSTITUTE SENATE BILL NO. 5184,
SENATE BILL NO. 5197,
SENATE BILL NO. 5256,
SUBSTITUTE SENATE BILL NO. 5263,
ENGROSSED SENATE BILL NO. 5289,
SUBSTITUTE SENATE BILL NO. 5309,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5372,
SENATE BILL NO. 5392,
SENATE BILL NO. 5393,
SUBSTITUTE SENATE BILL NO. 5401,
SUBSTITUTE SENATE BILL NO. 5417,
SUBSTITUTE SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5449,
SUBSTITUTE SENATE BILL NO. 5494.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5114,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,
ENGROSSED SENATE BILL NO. 5374,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593,
SENATE BILL NO. 5604,
SUBSTITUTE SENATE BILL NO. 5702,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,
SUBSTITUTE SENATE BILL NO. 5905,
SUBSTITUTE SENATE BILL NO. 5961,
SUBSTITUTE SENATE BILL NO. 6055,
SUBSTITUTE SENATE BILL NO. 6056,
SUBSTITUTE SENATE BILL NO. 6110,
ENGROSSED SENATE JOINT MEMORIAL NO. 8016.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5495,
SUBSTITUTE SENATE BILL NO. 5558,
SUBSTITUTE SENATE BILL NO. 5565,
SUBSTITUTE SENATE BILL NO. 5621,
SUBSTITUTE SENATE BILL NO. 5638,
SUBSTITUTE SENATE BILL NO. 5862,
SUBSTITUTE SENATE BILL NO. 5940.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1886 by Representatives Linville, G. Chandler, Grant, Doumit, B.Chander and Hatfield
Reducing the tax on health products for animals.
Referred to Committee on Ways and Means.
SHB 1906 by House Committee on Finance (originally sponsored by Representatives Linville, G. Chandler, Schoesler, Haigh, B. Chandler, Hunt, Morris, Kirby, Grant, Jackley, Cox, Hatfield, Mielke, Armstrong, Delvin, Mulliken, Sump, McMorris, Barlean, Pflug, Kessler, Pearson and Conway)
Exempting farming machinery and equipment from the state property tax.
Referred to Committee on Ways and Means.
ESHB 2138 by House Committee on Finance (originally sponsored by Representatives G. Chandler, Linville, Mulliken, Clements, Ericksen, Hatfield, Sump, Doumit, Morell, Grant, Pearson, Schoesler, Barlean, Buck, B. Chandler, Edwards and Jackley)
Promoting rural economic development.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator Honeyford, the following resolution was adopted:
SENATE RESOLUTION 2001-8677
By Senators Honeyford, Rasmussen and Johnson
WHEREAS, April 15-21 is National Grange Week; and
WHEREAS, Granges have played a key role in many national movements, including a Texas Grange in the 1930s recommending that school buses be painted yellow and an Indiana Grange starting the 4-H program; and
WHEREAS, the first Grange was started in 1867 by Oliver Kelley in Minnesota; and
WHEREAS, the Grange movement has grown significantly since then, with 275,000 members and 4,000 Grange “communities” existing in thirty-seven states across America; and
WHEREAS, fifty-six thousand Grange members are found in Washington State, including one hundred in the Troutlake Grange, located in west Klickitat County; and
WHEREAS, the Troutlake Grange 210 was formed in 1908 and is celebrating its Ninety-third Anniversary this week; and
WHEREAS, Troutlake Grange continues to play a prominent role in the communities of Troutlake and Glenwood by offering $6,000 in college scholarships to local students graduating from Troutlake and Glenwood High Schools each year, holding an annual children’s fishing derby and maintaining the Pioneer Cemetery; and
WHEREAS, the Troutlake Grange Hall serves as a community center, a meeting place for the Troutlake Community Council and a location for political forums; and
WHEREAS, the Troutlake Grange will hold an Open House on Thursday, April 19, 2001, to celebrate the Ninety-third Anniversary of its founding;
NOW, THEREFORE, BE IT RESOLVED, that the Washington State Senate hereby recognize and honor the Troutlake Grange on its anniversary and recognize and honor Granges across Washington and America during National Grange Week.
MOTION
On motion of Senator Hale, the following resolution was adopted:
SENATE RESOLUTION 2001-8635
By Senators Hale, Roach, Rossi, Long, Morton, Kohl-Welles, Spanel, Rasmussen, Carlson, Deccio and Haugen
WHEREAS, Babies are miracles with endless promise and hope; and
WHEREAS, The beginning of life is the most wondrous of all; and
WHEREAS, Each child brings purpose to the world and simplicity to our complex existence; and
WHEREAS, Kassity Kay Hale was born to the son of Senator Pat Hale on August 12, 2000; and
WHEREAS, Madisyn LaVon Hill was born to the son of Senator Jeanne Kohl-Welles on July 18, 2000; and
WHEREAS, Alayna Jeanine Christensen was born to the son of Senator Jeanine Long on October 18, 2000; and
WHEREAS, Nicholas Robert Morton and Colton Peter Eslick were born to the children of Senator Bob Morton on August 24 and November 5 of 2000, respectively; and
WHEREAS, Caleb Miller, Alyssa Rasmussen and Jacob Tyler were born to the children of Senator Marilyn Rasmussen on June 5, June 23, and April 5 of 2000, respectively; and
WHEREAS, Matthew Robert Arras was born to the daughter of Senator Pam Roach on January 31, 2001; and
WHEREAS, Jillian Maciel Rossi was born to Senator Dino Rossi and his wife Terry on October 23, 2000; and
WHEREAS, Mitchell Rhodes Spanel was born to the son of Senator Harriet Spanel on July 27, 2000;
WHEREAS, Ezekiel David Marvin Carlson was born to the son of Senator Don Carlson on April 13, 2001; and
WHEREAS, Ketty Stephanie Hannah Akselsen was born to the granddaughter of Senator Alex Deccio on March 15, 2001; and
WHEREAS, Martha Lunde, Josie Badley, Joseph Badley and Alan Badley were born to the children of Senator Mary Margaret Haugen in the year 2000;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby welcome the 2001 Session Babies born to members of the Senate or to the children of members of the Senate; and
BE IT FURTHER RESOLVED, That the Washington State Senate wish all the blessings of life for Kassity, Madisyn, Alayna, Nicholas, Colton, Caleb, Alyssa, Jacob, Matthew, Jillian, Mitchell, Ezekiel, Ketty, Martha, Josie, Joseph and Alan; and
BE IT FURTHER RESOLVED, That Senators Hale, Kohl-Welles, Long, Morton, Rasmussen, Roach, Rossi, Spanel, Carlson, Deccio and Haugen each be given an official copy of this resolution to be placed in the baby book of his or her 2001 Session Baby.
Senators Hale, Kohl-Welles, Long, Deccio, Rossi, Carlson, Rasmussen and Roach spoke to Senate Resolution 2001-8635.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 2001-8678
By Senators Haugen, Spanel and Rasmussen
WHEREAS, It is the practice of the Senate to recognize excellence in all fields of endeavor; and
WHEREAS, The Mount Vernon High School Bulldog Boys’ Basketball Team, from Mount Vernon, won the 2001 Class AAA State Basketball Championship; and
WHEREAS, The Mount Vernon basketball coaches, players, and managers demonstrated sportsmanship, citizenship, skill, and dedication while accomplishing their goal of winning the State AAA Basketball Championship with a perfect 27-0 record; and
WHEREAS, The senior class student athletes of Mount Vernon’s Championship Boys’ Basketball Team have a collective 3.28 grade point average, showing a commitment to academic excellence as well as athletic excellence; and
WHEREAS, Head Coach Mac Fraser has led the Mount Vernon Bulldog Boys’ Basketball Teams to state championships in both the twentieth century (1991, 1992) and the twenty-first century (2001);
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the Mount Vernon High School Boys’ Basketball Team and Coach Mac Fraser and his assistants for their accomplishments; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Coach Mac Fraser; Assistant Coaches Jim Koetje, Jeff Scott, Torey Swanson and Chad Weyers; Principal Dave Anderson; Athletic Director Eric Monson; the faculty of Mount Vernon High School; and to the student-athletes of Mount Vernon High School who won the AAA State Boys’ Basketball Championship for 2001: Seniors Tyler Amaya, Troy DeVries, John Lee, Eric Powell, Josh Reisman; Aaron Roetcisoender, Scott Skjel and Chris Thompson; Juniors Stanley Johnson, Ben Martin and Travis Storrer; and Sophomore Kyle Kendrick.
Senators Haugen and Spanel spoke to Senate Resolution 2001-8678
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 11, 2001
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5921 with the following amendment(s)
On page 1, line 7 after “offer” insert “applied, but not research,”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate concur in the House amendment to Senate Bill No. 5921.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Kohl-Welles to concur in the House amendment to Senate Bill No. 5921.
The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment to Senate Bill No. 5921.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5921, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5921, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 43.
Voting nay: Senators Jacobsen, McDonald and Thibaudeau - 3.
Excused: Senators Constantine, Haugen and Patterson - 3.
SENATE BILL NO. 5921, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5606 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to authorize the department of social and health services to investigate the background of current and future department employees to the same extent and with the same effect as it has authorized the state to investigate the background and exclude from the provision of service current and future care providers, contractors, volunteers, and others. The department of social and health services must coordinate with the department of personnel to develop rules that address the procedures for undertaking background checks, and specifically what action would be taken against a current employee who is disqualified from his or her current position because of a background check not previously performed.
Sec. 2. RCW 9.96A.020 and 1999 c 16 s 1 are each amended to read as follows:
(1) Subject to the exceptions in subsections (3) and (4) of this section, and unless there is another provision of law to the contrary, a person is not disqualified from employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, nor is a person disqualified to practice, pursue or engage in any occupation, trade, vocation, or business for which a license, permit, certificate or registration is required to be issued by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations solely because of a prior conviction of a felony. However, this section does not preclude the fact of any prior conviction of a crime from being considered.
(2) A person may be denied employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, or business by reason of the prior conviction of a felony if the felony for which he or she was convicted directly relates to the position of employment sought or to the specific occupation, trade, vocation, or business for which the license, permit, certificate or registration is sought, and the time elapsed since the conviction is less than ten years. However, for positions in the county treasurer's office, a person may be disqualified from employment because of a prior guilty plea or conviction of a felony involving embezzlement or theft, even if the time elapsed since the guilty plea or conviction is ten years or more.
(3) A person is disqualified for any certificate required or authorized under chapters 28A.405 or 28A.410 RCW, because of a prior guilty plea or the conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.
(4) A person is disqualified from employment by school districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.
(5) A person is disqualified from employment by the department of social and health services because of a prior felony guilty plea or conviction if the felony relates to the position of employment sought and the position involves or may involve unsupervised access to children, a person who is under the age of twenty-one and has been sentenced to a term of confinement under the supervision of the department of social and health services under chapter 13.40 RCW, a person who is a vulnerable adult under chapter 74.34 RCW or a person who is a vulnerable person, even if the time elapsed since the guilty plea or conviction is ten years or more. For the purposes of this section, "vulnerable person" means an adult of any age who lacks the functional, mental, or physical ability to care for himself or herself.
(6) Subsections (3) and (4) of this section only apply to a person applying for a certificate or for employment on or after July 25, 1993.
Sec. 3. RCW 28A.400.303 and 1992 c 159 s 2 are each amended to read as follows:
School districts, educational service districts, the state school for the deaf, the state school for the blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the district, the state school for the deaf, the state school for the blind, or contractor may waive the requirement. The district, pursuant to chapter 41.59 or 41.56 RCW, the state school for the deaf, the state school for the blind, or contractor hiring the employee shall determine who shall pay costs associated with the record check.
Sec. 4. RCW 28A.400.305 and 1996 c 126 s 5 are each amended to read as follows:
The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW on record check information. The rules shall include, but not be limited to the following:
(1) Written procedures providing a school district, state school for the deaf, or state school for the blind employee or applicant for certification or employment access to and review of information obtained based on the record check required under RCW 28A.400.303 ((and 28A.400.304)); and
(2) Written procedures limiting access to the superintendent of public instruction record check data base to only those individuals processing record check information at the office of the superintendent of public instruction, the appropriate school district or districts, the state school for the deaf, the state school for the blind, and the appropriate educational service district or districts.
Sec. 5. RCW 43.20A.710 and 2000 c 87 s 2 are each amended to read as follows:
(1) The secretary shall investigate the conviction records, pending charges ((or)) and disciplinary board final decisions of:
(a) ((Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of)) Any current employee or applicant seeking or being considered for any position with the department who will or may have unsupervised access to children, vulnerable adults, or individuals with mental illness or developmental disabilities((;
(b) Persons being considered for state employment in positions involving unsupervised access to vulnerable adults to conduct)). This includes, but is not limited to, positions conducting comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards;
(((c))) (b) Individual providers who are paid by the state and providers who are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW; and
(((d))) (c) Individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW.
(2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.
(3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).
(4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.
(5) The secretary shall provide the results of the background check on individual providers to the persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.
(6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.
NEW SECTION. Sec. 6. A new section is added to chapter 41.06 RCW to read as follows:
(1) The board shall amend any existing rules established under RCW 41.06.475 and adopt rules developed in cooperation and agreement with the department of social and health services to implement the provisions of this act.
(2) The legislature's delegation of authority to the agency under this act is strictly limited to:
(a) The minimum delegation necessary to administer the act's clear and unambiguous directives; and
(b) The administration of circumstances and behaviors foreseeable at the time of enactment.
NEW SECTION. Sec. 7. A new section is added to chapter 41.06 RCW to read as follows:
The personnel resources board must develop policy recommendations addressing the action that will be taken if a background check result disqualifies an employee from his or her current position. A report of the recommendations developed must be delivered to the legislature by December 1, 2001.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 5606, and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5468 with the following amendment(s)
On page 3, line 2, strike “pursuant to the provisions of RCW 13.40.200"
On page 3, line 22, after “may” insert “impose sanctions pursuant to RCW 13.40.200 or”, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate concurred in the House amendments to Substitute Senate Bill No. 5468.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5468, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5468, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senator Deccio - 1.
Excused: Senators Constantine and Patterson -2.
SUBSTITUTE SENATE BILL NO. 5468, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act
MOTION
On motion of Senator Honeyford, Senator Zarelli was excused.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed SENATE JOINT MEMORIAL NO. 8019 with the following amendment(s)
On page 2, line 5, after "review" strike "its policies that would" and insert "the department's policies regarding the conservation reserve enhancement program and alter those policies to", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Rasmussen the Senate concurred in the House amendment to Senate Joint Memorial No. 8019.
The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8019, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8019, as amended by the House, and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.
Excused: Senators Constantine, Patterson and Zarelli -3.
SENATE JOINT MEMORIAL NO. 8019, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE HOUSE
April 9, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SENATE JOINT RESOLUTION NO. 8208 with the following amendment(s):
On page 1, beginning on line 11, after "to do so." strike all material through "tempore." on line 17 and insert "A case in the superior court may be tried by a judge((,)) pro tempore((, who must be)) either with the agreement of the parties if the judge pro tempore is a member of the bar, is agreed upon in writing by the parties litigant((,)) or their attorneys of record, and is approved by the court and sworn to try the case; or without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule. The supreme court rule must require assignments of judges pro tempore based on the judges' experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore. Such right shall be in addition to any other right provided by law.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
Senator Kline moved that the Senate concur in the House amendment to Engrossed Senate Joint Resolution No. 8208.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment to Engrossed Senate Joint Resolution No. 8208.
The motion by Senator Kline carried and the Senate concurred in the House amendment to Engrossed Senate Joint Resolution No. 8208. The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Resolution No. 8208, as amended by the House.
POINT OF INQUIRY
Senator Benton: “Senator Kline, this measure has been before the Senate before and I am just looking for some clarification. Judges Pro Tempore--the authorization of Judges Pro Tempore in Superior Courts would mean the authorization of someone sitting on a case that had not been elected. Is that correct?”
Senator Kline: “No, that is not correct.”
Senator Benton: “Could you explain it to me, please?”
Senator Kline: “It would be a District Court Judge, elected. I believe the term used in the Constitutional amendments text is ‘Elected Judge.’ It could be an elected judge that would be called up as a practical matter by the Superior Court presiding judge--not to handle the three week long medical malpractice case--but rather to take over the arraignment calendar, the divorce calendar, the civil motions calendar, while the presiding judge of the Superior Court take the three week-long medical malpractice case. I can assure you the judges are prima donna just like we are. They don’t call up junior members to take up the big glorious stuff. They do that themselves. Thank you.”
Senator Benton: “In no case, would we have a situation where a judge has not been elected sitting as a pro tempore in a Superior Court?”
Senator Kline: “That is correct. I believe District Court and Municipal Court Judges--but they are elected and I believe that word appears in the text.”
Senator Benton: “Okay, thank you.”
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Resolution No. 8208, as amended by the House, and the joint resolution passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, and Winsley - 39.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, McDonald, Roach, Rossi, Stevens and West - 8
Excused: Senators Constantine and Zarelli -2.
ENGROSSED SENATE JOINT RESOLUTION NO. 8208, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE HOUSE
April 16, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1162 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Thibaudeau, the Senate refuses to recede from its amendment(s) to House Bill No. 1162, insists on its position and asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 13, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1420 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1420.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1420, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1420, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 44
Voting nay: Senators Carlson, Hewitt and Honeyford - 3.
Excused: Senators Constantine and Zarelli - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1420, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Hargrove was excused.
MESSAGE FROM THE HOUSE
April 11, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1314 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Brown, the Senate receded from its amendment(s) to Substitute House Bill No. 1314.
MOTIONS
On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 1314 was returned to second reading and read the second time.
Senator Brown moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL GOVERNMENT
Sec. 101. 1999 c 309 s 106 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 5,847,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 5,847,000
TOTAL APPROPRIATION. .. . . . . . . .$ 11,694,000
The appropriations in this section are subject to the following conditions and limitations: The appropriations shall be transferred to the legislative systems revolving fund. Transfer authority shall not be granted for the 2001-03 fiscal biennium.
Sec. 102. 1999 c 309 s 111 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 904,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((852,000))
944,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,756,000))
1,848,000
Sec. 103. 2000 2nd sp.s. c 1 s 107 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 13,144,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((14,569,000))
14,204,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((25,085,000))
25,135,000
Judicial Information Systems Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 19,016,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((71,814,000))
71,499,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding provided in the judicial information systems account appropriation shall be used for the operations and maintenance of technology systems that improve services provided by the supreme court, the court of appeals, the office of public defense, and the administrator for the courts.
(2) No moneys appropriated in this section may be expended by the administrator for the courts for payments in excess of fifty percent of the employer contribution on behalf of superior court judges for insurance and health care plans and federal social security and medicare and medical aid benefits. Consistent with Article IV, section 13 of the state Constitution and 1996 Attorney General's Opinion No. 2, it is the intent of the legislature that the costs of these employer contributions shall be shared equally between the state and county or counties in which the judges serve. The administrator for the courts shall continue to implement procedures for the collection and disbursement of these employer contributions.
(3) $223,000 of the public safety and education account appropriation is provided solely for the gender and justice commission.
(4) $308,000 of the public safety and education account appropriation is provided solely for the minority and justice commission.
(5) $278,000 of the general fund--state appropriation for fiscal year 2000, $285,000 of the general fund--state appropriation for fiscal year 2001, and $263,000 of the public safety and education account appropriation are provided solely for the workload associated with tax warrants and other state cases filed in Thurston county.
(6) $200,000 of the public safety and education account appropriation is provided solely for a unified family court pilot program. Of this amount, $150,000 is provided for the costs of establishing the program and $50,000 is provided for costs associated with evaluating the efficacy of the program. The pilot program grant is limited to the 1999-01 biennium. After this time, it is assumed that funding for continuation of the unified family court or expansion to other counties would be provided by local jurisdictions based on the results of the evaluation of the program.
(7) $130,000 of the general fund--state appropriation for fiscal year 2000 and $130,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the new judicial positions authorized by Engrossed Senate Bill No. 5036 (superior court judges).
(8) $132,000 of the general fund--state appropriation for fiscal year 2000 and $136,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the state's portion of increased costs in the superior court mandatory arbitration program.
(9) $750,000 of the general fund--state appropriation for fiscal year 2001 is provided solely to increase the number of children served by court-appointed special advocates in dependency matters. The office of the administrator for the courts, after consulting with the Washington association of juvenile court administrators and the Washington association of court-appointed special advocate/guardian ad litem programs, shall distribute the funds to volunteer court-appointed special advocate/guardian ad litem programs. The distribution of funding shall be based on the number of children who need volunteer court-appointed special advocate representation and shall be equally accessible to all volunteer court-appointed special advocate/guardian ad litem programs. The administrator for the courts shall not retain more than six percent of total funding to cover administrative or any other agency costs.
(10) $30,000 of the public safety and education account--state appropriation is provided solely for the office of the administrator for the courts to convene a task force to review whether there are revisions to existing statutes and court rules which, if implemented, would decrease the likelihood of an inappropriate imposition of the death penalty.
Sec. 104. 2000 2nd sp.s. c 1 s 108 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 500,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,490,000))
12,080,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((12,990,000))
12,580,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $558,000 of the public safety and education account appropriation is provided solely to increase the reimbursement for private attorneys providing constitutionally mandated indigent defense in nondeath penalty cases.
(2) $51,000 of the public safety and education account appropriation is provided solely for the implementation of House Bill No. 1599 (court funding). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(3) Amounts provided from the public safety and education account appropriation in this section include funding for investigative services in death penalty personal restraint petitions.
(4) The entire general fund--state appropriation is provided solely for a dependency and termination legal representation funding pilot program.
(a) The goal of the pilot program shall be to enhance the quality of legal representation in dependency and termination hearings, thereby reducing the number of continuances requested by contract attorneys, including those based on the unavailability of defense counsel. To meet the goal, the pilot shall include the following components:
(i) A maximum caseload requirement of 90 dependency and termination cases per full-time attorney;
(ii) Implementation of enhanced defense attorney practice standards, including but not limited to those related to reasonable case preparation and the delivery of adequate client advice, as developed by Washington state public defense attorneys and included in the office of public defense December 1999 report Costs of Defense and Children's Representation in Dependency and Termination Hearings;
(iii) Use of investigative and expert services in appropriate cases; and
(iv) Effective implementation of indigency screening of all dependency and termination parents, guardians, and legal custodians represented by appointed counsel.
(b) The pilot program shall be established in one eastern and one western Washington juvenile court.
(c) The director shall contract for an independent evaluation of the pilot program benefits and costs. An interim evaluation shall be submitted to the governor and fiscal committees of the legislature no later than January 1, 2001. A final evaluation shall be submitted to the governor and the fiscal committees of the legislature no later than ninety days following the close of the 1999-01 fiscal biennium.
(5) $50,000 of the public safety and education account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2491 (DNA testing of offenders). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
Sec. 105. 2000 2nd sp.s. c 1 s 109 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 5,762,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 5,720,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 209,000
Water Quality Account--State Appropriation. . . .. . . . . . . .$ 700,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((12,315,000))
12,391,600
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,612,000 of the general fund--state appropriation for fiscal year 2000, $1,588,000 of the general fund--state appropriation for fiscal year 2001, $700,000 of the water quality account appropriation, and $209,000 of the general fund--federal appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items PSAT-01 through PSAT-05.
(2) $100,000 of the general fund--state appropriation for fiscal year 2000 and $100,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the salmon recovery office to support the efforts of the independent science panel.
(3) $62,000 of the fiscal year 2000 general fund--state appropriation and $63,000 of the fiscal year 2001 general fund--state appropriation are provided solely to implement Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079, establishing the salmon recovery funding board in the office of the governor. If legislation establishing the board is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(4) $3,000 of the general fund--state appropriation for fiscal year 2001 is provided solely to implement Senate Bill No. 5408 (state medal of valor).
Sec. 106. 2000 2nd sp.s. c 1 s 111 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 1,751,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((2,170,000))
2,307,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((3,921,000))
4,058,000
The appropriations in this section are subject to the following conditions and limitations: $328,000 of the general fund--state appropriation for fiscal year 2000 and $760,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5931 (electronic filing and public access). If the bill is not enacted by June 30, 1999, the amounts provided shall lapse.
Sec. 107. 2000 2nd sp.s. c 1 s 112 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 14,043,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((8,399,000))
9,770,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 120,000
Archives and Records Management Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,489,000))
5,876,000
Archives and Records Management Account--Private/
Local Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,123,000))
4,132,000
Department of Personnel Service Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 681,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((32,855,000))
34,622,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,355,000 of the general fund--state appropriation for fiscal year 2000 is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures.
(2) $3,780,000 of the general fund--state appropriation for fiscal year 2000 ((is)) and $1,621,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to reimburse counties for the state's share of presidential preference primary election costs. For expenses payable in fiscal year 2001, counties shall be reimbursed only for those actual presidential preference primary election costs that the secretary of state validates as eligible for reimbursement.
(3) $2,106,000 of the general fund--state appropriation for fiscal year 2000 and (($2,663,000)) $2,413,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, and the publication and distribution of the voters and candidates pamphlet.
(4) $125,000 of the general fund--state appropriation for fiscal year 2000 and $125,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for legal advertising of state measures under RCW 29.27.072.
(5)(a) $1,870,350 of the general fund--state appropriation for fiscal year 2000 and $1,907,757 of the general fund--state appropriation for fiscal year 2001 are provided solely for continuing the contract with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of state-wide significance during the 1999-2001 biennium.
(b) The funding level for each year of the contract shall be based on the amount provided in this subsection and adjusted to reflect the implicit price deflator for the previous year. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the state contribution. The office of the secretary of state may make full or partial payment once all criteria in (a) and (b) of this subsection have been satisfactorily documented.
(c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
(d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
(6) (($867,000)) $1,252,000 of the archives and records management account--state appropriation is provided solely for operation of the central microfilming bureau under RCW 40.14.020(8).
(7) $120,000 of the general fund--private/local appropriation is provided solely for the Washington quality awards council.
(8) $20,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the operations of the task force on archaeology and historic preservation. The task force shall develop a single recommendation for consideration by the legislature and the governor on the issue of the location of the office of archaeology and historic preservation within state government. The recommended location shall maximize the office of archaeology and historic preservation's stature, visibility, accessibility, and delivery of service state-wide in the context of its critical role as an important link among downtown and neighborhood revitalization efforts, the cultural tourism movement, rural economic development initiatives, and the preservation of the structures and sites that still remain as the legacy of Washington's rich and diverse heritage. The task force shall consider and include in its recommendation how best both to realize the potential of the office of archaeology and historic preservation to generate revenue from services it could provide in international, national, state, local, and private venues and also how best to achieve adequate funding from all funding sources to assure that the office of archaeology and historic preservation can provide the best possible service to the citizens of the state. There shall be eleven members of the task force as follows: One member shall be the state historic preservation officer or his or her designee; two members shall be representatives of state agencies; two members shall be representatives of local governments; there shall be one representative each from the Washington state historical society, the eastern Washington state historical society, the Washington trust for historic preservation, and Indian tribes; and two members shall be representatives of the private sector who have experience in preservation of historic buildings or archaeological sites or who have particular interest in the issue of preservation of historic buildings and archaeological sites. The state historic preservation officer shall be the chair of the task force. The task force shall report to appropriate committees of the legislature and the governor by January 1, 2001.
(9) $8,000 of the fiscal year 2001 general fund--state appropriation is provided solely to implement Senate Bill No. 5408 (state medal of valor).
Sec. 108. 1999 c 309 s 119 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 215,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((215,000))
221,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((430,000))
436,000
Sec. 109. 2000 2nd sp.s. c 1 s 114 (uncodified) is amended to read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 67,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((128,000))
133,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((195,000))
200,000
The appropriations in this section are subject to the following conditions and limitations and are sufficient for the commission to: (1) Carry out statutorily required public hearings; (2) enter into an agreement with the department of personnel to provide data sharing, research support, and training for commission members and staff; (3) employ part-time staff in fiscal year 2000 to respond to requests for information; and (4) begin full-time staffing in September 2000 to allow for orientation and training for commission members prior to the next salary setting cycle. $25,000 of the general fund--state appropriation for fiscal year 2000 and $10,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for office rent for the remainder of the biennium, increased AFRS and consolidated mail costs, general administration consulting services, and unexpected commission meeting costs related to litigation. Future funding for lease costs beyond the current biennium shall be contingent upon the agency's colocation with another agency.
Sec. 110. 2000 2nd sp.s. c 1 s 115 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 4,079,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((4,557,000))
4,527,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 2,526,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,338,000
New Motor Vehicle Arbitration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,109,000
Legal Services Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 118,390,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((131,999,000))
131,969,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) The attorney general and the office of financial management shall modify the attorney general billing system to meet the needs of user agencies for greater predictability, timeliness, and explanation of how legal services are being used by the agency. The attorney general shall provide the following information each month to agencies receiving legal services: (a) The full-time equivalent attorney services provided for the month; (b) the full-time equivalent investigator services provided for the month; (c) the full-time equivalent paralegal services provided for the month; and (d) direct legal costs, such as filing and docket fees, charged to the agency for the month.
(3) $154,000 of the fiscal year 2000 general fund--state appropriation and $308,000 of the fiscal year 2001 general fund--state appropriation are provided solely for the costs associated with the legal defense and implementation of initiative measures ((No. 695)) approved by the voters in fiscal years 2000 and 2001.
(4) $486,000 of the legal services revolving account appropriation is provided solely to support activities related to vulnerable adults. Such activities include providing technical assistance for guardianships, financial exploitation cases, protection orders, and providing assistance to police and prosecutors addressing vulnerable adults.
(5) $200,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for costs associated with enforcing state authority on taxation of liquor with respect to Resolution T-022-00, or any other tax or regulatory ordinances regarding liquor, adopted by the Confederated Tribes and Bands of the Yakama Nation.
Sec. 111. 2000 2nd sp.s. c 1 s 117 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 12,600,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((13,208,000))
13,350,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((23,340,000))
23,628,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 500,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((49,648,000))
50,078,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $50,000 of the general fund--state appropriation for fiscal year 2000 is provided solely to evaluate and promote the use by state and local agencies of the training facilities at the Hanford reservation.
(2) Funding in this section provides for a feasibility study to collect Washington enrollment data on distance learning programs sponsored by in-state and out-of-state private institutions in cooperation with the higher education coordinating board and the state board for community and technical colleges. Findings shall be submitted to the appropriate committees of the legislature by January 2000.
(3) $75,000 of the fiscal year 2000 general fund--state appropriation and $75,000 of the fiscal year 2001 general fund--state appropriation are provided solely to track and administer state and federal funding for salmon recovery allocated by the salmon recovery funding board established under Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No. 2079.
(4) The office of financial management, in collaboration with the institutions of higher education, the higher education coordinating board, and the state board for community and technical colleges, shall modify state information systems in order to provide consistent data on students engaged in distance learning. Higher education institutions shall provide enrollment information in support of this effort. Reporting on the numbers and categories of students enrolled in distance learning by class level and institutions shall begin by fall term, 2000. Washington independent institutions of higher education are encouraged to participate in this process and to provide distance learner enrollment data.
(5) $1,000,000 of the general fund--state appropriation and $500,000 of the general fund--private/local appropriation are provided solely for the commission on early learning. One-half of the amount provided from the general fund--state shall not be expended unless matched by an equal amount from private sources.
(6) $329,000 of the general fund--state appropriation for fiscal 2001 is provided solely to develop a centralized database of social service contract information as recommended by the task force on agency contracting services.
(7) $689,000 of the general fund--state appropriation is provided solely for information systems improvements at the department of fish and wildlife, including a network upgrade, purchase of personal computers, and support for agency information systems.
(8) $795,000 of the general fund--state appropriation is provided solely for improvements in the basic business practices at the department of fish and wildlife, including budget monitoring, cost accounting, time accounting and payroll systems, and license revenue forecasting.
(9) $75,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the task force on health care reinsurance established by Second Substitute Senate Bill No. 6067 (health insurance coverage). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(10) $285,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the office of financial management to adopt and publish uniform guidelines for the effective and efficient management of personal service contracts and client service contracts by all state agencies, conduct training on these guidelines for agency personnel, and conduct risk-based audits of personal service and client service contracts, as generally described in Second Substitute House Bill No. 2738 (state agency personal service contract practices).
(a) The guidelines shall, at a minimum, include: (i) Accounting methods, systems, measures, and principles to be used by agencies and contractors; (ii) precontract procedures for selecting potential contractors based on their qualifications and ability to perform; (iii) incorporation of performance measures and measurable benchmarks in contracts, and the use of performance audits; (iv) uniform contract terms to ensure contract performance and compliance with state and federal standards; (v) proper payment and reimbursement methods to ensure that the state receives full value for taxpayer moneys, including cost settlements and cost allowance; (vi) post-contract procedures, including methods for recovering improperly spent or overspent moneys for disallowance and adjustment; (vii) adequate contract remedies and sanctions to ensure compliance; (viii) monitoring, fund tracking, risk assessment, and auditing procedures and requirements; (ix) financial reporting, record retention, and record access procedures and requirements; (x) procedures and criteria for terminating contracts for cause or otherwise; and (xi) other subjects related to effective and efficient contract management.
(b) The office of financial management shall provide a training course for agency personnel responsible for executing and managing personal service contracts and client service contracts. The course must contain training on effective and efficient contract management under the guidelines established under this subsection.
(c) The office of financial management shall conduct risk-based audits of the contracting practices associated with individual personal service and client service contracts from multiple state agencies to ensure compliance with the guidelines established in this subsection. The office of financial management shall forward the results of the audits conducted under this subsection to the governor, the appropriate standing committees of the legislature, and the joint legislative audit and review committee.
(11) $30,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for a review of K-12 regional cost differences. The office of financial management shall conduct research, including a review of existing methods of determining regional cost differences. Regional cost differences shall include, but not be limited to, the cost of renting, leasing, or purchasing housing. The office of financial management shall report findings on cost differences on a regional basis and make recommendations on options for mitigating these differences to the appropriate committees of the house of representatives and senate by December 15, 2000.
(12) $243,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for an audit of the state ferry capital program. The audit of ferry capital operations shall determine the following: Whether the ferry system is acquiring, protecting, and using its resources economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the ferry system has complied with laws and regulations governing economy and efficiency. This audit shall build on audits performed by, or under the direction of, the joint legislative audit and review committee on ferry capital operations. In establishing the scope of this audit, the director of financial management shall solicit public comments from interested parties and benchmark the state ferry capital operations to other public and private ferry capital operations. To address the intent of this subsection, the director may contract for specialized expertise. The audit report shall be delivered on or before January 1, 2001, to the governor and to the fiscal committees of the state legislature.
Sec. 112. 1999 c 309 s 130 (uncodified) is amended to read as follows:
Administrative Hearings Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((20,749,000))
20,880,000
Sec. 113. 2000 2nd sp.s. c 1 s 118 (uncodified) is amended to read as follows:
Department of Personnel Service Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,999,000
Higher Education Personnel Services Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,640,000
TOTAL APPROPRIATION. .. . . . . . . .$ 18,639,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall reduce its charge for personnel services to the lowest rate possible.
(2) The department of personnel service account appropriation contains sufficient funds to continue the employee exchange program with the Hyogo prefecture in Japan.
(3) $515,000 of the department of personnel service account appropriation is provided solely for the development and implementation of a new employment application processing system to: Provide for electronic applications via the internet, provide continuous application acceptance, provide increased public access to job openings, allow for single applications for multiple jobs, and provide for scanning of larger applicant databases as job openings arise.
(4) $190,000 of the department of personnel service account appropriation is provided solely for the expansion of the executive fellowship program.
(5) $108,000 of the department of personnel service account appropriation is provided solely for increased funding of the administrative expenses of the combined fund drive.
(6) $52,000 of the department of personnel service account appropriation is provided solely to implement House Bill No. 5432 (retiree charitable deductions). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(7) The department of personnel has the authority to charge agencies for expenses associated with converting its payroll/personnel computer system to accommodate the year 2000 date change and to implement plan 3 of the public employees' retirement system. Funding to cover these expenses shall be realized from the agency FICA savings associated with the pretax benefits contributions plan.
Sec. 114. 1999 c 309 s 133 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 216,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((225,000))
234,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((441,000))
450,000
Sec. 115. 1999 c 309 s 134 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 190,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((188,000))
197,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((378,000))
387,000
Sec. 116. 2000 2nd sp.s. c 1 s 119 (uncodified) is amended to read as follows:
Dependent Care Administrative Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 361,000
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((44,608,000))
44,662,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((44,969,000))
45,023,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $92,000 of the department of retirement systems expense account appropriation is provided solely to implement Substitute Senate Bill No. 5030 (Washington state patrol surviving spouse retirement). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(2) $259,000 of the department of retirement systems expense account appropriation is provided solely to implement Substitute House Bill No. 1024 (retirement system option). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(3) $55,000 of the department of retirement systems expense account appropriation is provided solely to implement Substitute Senate Bill No. 6012 (investment board fund values). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(4) $22,000 of the department of retirement systems expense account appropriation is provided solely to implement Senate Bill No. 5432 (PERS retiree charitable deductions). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(5) $50,000 of the department of retirement systems expense account appropriation is provided solely for the department to prepare and distribute to state employees information about options under the federal tax code for tax-advantaged retirement savings.
(6) $3,731,000 of the department of retirement systems expense account appropriation is provided solely for the information systems project known as the electronic document image management system. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(7) The department shall adjust the retirement systems administrative rate during the 1999-2001 biennium as necessary to provide for law enforcement officers' and fire fighters' retirement system employer funding for a study of LEOFF plan 1 medical liabilities by the office of the state actuary.
(8) $293,000 of the department of retirement systems expense account appropriation is provided solely to implement Substitute House Bill No. 2604 (survivor options). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(9) $2,879,000 of the department of retirement systems expense account appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 6530 (pension enhancements). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(10) $480,000 of the department of retirement systems expense account appropriation is provided solely for increased charges for services provided by the department of information systems. The two departments shall submit a report on the causes of the increased charges to the office of financial management no later than September 1, 2000.
Sec. 117. 1999 c 309 s 138 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 69,998,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((68,171,000))
67,156,000
Timber Tax Distribution Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,893,000
Waste Education/Recycling/Litter Control--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 101,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,000
Oil Spill Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((143,244,000))
142,229,000
The appropriations in this section are subject to the following conditions and limitations: The department of revenue shall conduct a study and prepare a report of current state and local taxation of the electricity industry and options for changes to avoid revenue loss, promote competitive neutrality, and encourage economic development within the electricity industry. The study shall include an analysis of the following: (1) Current state and local taxation of the wholesale and retail electricity industry, including tax incidence, rate, base, collection, and allocation of taxes; (2) trends in the wholesale and retail electricity markets affecting current and future revenue streams, including power imports and exports by in-state and out-of-state suppliers; (3) The extent to which existing state and local tax laws may be insufficient to protect revenue streams in light of identifiable wholesale and retail market changes; and (4) whether the tax code is adequate to fairly tax new participants in the market such as brokers, marketers, aggregators, and traders. The department shall conduct the study with support from the utilities and transportation commission, the energy division of the department of community, trade, and economic development, and the state auditor. The department shall consult with energy utilities, retail electric customers, local governments, independent power producers, brokers, marketers, traders, other interested parties, and the chairs and ranking minority members of the committees of the senate and the house of representatives with jurisdiction over electricity issues periodically throughout the course of the study, and shall submit its report to the legislature and the governor by December 1, 1999.
Sec. 118. 2000 2nd sp.s. c 1 s 124 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 1,293,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((1,284,000))
1,526,000
Liquor Control Board Construction and Maintenance
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ ((9,998,000))
12,883,000
Liquor Revolving Account--State Appropriation.. . . . . . . .$ ((129,422,000))
130,664,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((141,997,000))
146,366,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,804,000 of the liquor revolving account appropriation is provided solely for the agency information technology upgrade. This amount provided in this subsection is conditioned upon satisfying the requirements of section 902 of this act.
(2) $105,000 of the liquor revolving account appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5712 (motel liquor licenses). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(3) $300,000 of the liquor revolving account appropriation is provided solely for the board to develop a business plan. The board shall provide copies of the plan to the office of financial management and the fiscal committees of the legislature by September 30, 1999.
(4) $1,985,000 of the liquor control board construction and maintenance account appropriation is provided solely for the operation of the temporary distribution center.
(5) $53,000 of the liquor revolving account appropriation is provided solely to train new enforcement agents. In cooperation with the board, the criminal justice training commission shall establish a training curriculum that is appropriate for liquor enforcement officers. Nothing in this subsection makes liquor officers eligible for membership in the law enforcement and fire fighters' pension systems.
(6) $2,885,000 of the liquor control board construction and maintenance account appropriation is provided solely for mandatory redemption of certificates of participation used to finance the distribution center and material handling system.
(7) $242,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for legal services related to the cigarette tobacco tax enforcement program.
(8) $925,000 of the liquor revolving account appropriation is provided solely for unanticipated expenditures in contract agency vendor commissions caused by increased sales volume.
Sec. 119. 2000 2nd sp.s. c 1 s 126 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 10,889,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((8,344,000))
11,648,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((22,148,000))
22,192,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 238,000
Enhanced 911 Account--State Appropriation. . . . . . . . . . .$ ((19,507,000))
16,607,000
Disaster Response Account--State Appropriation. . . . . . . . . . . . . . . . .$ ((10,157,000))
12,226,000
Disaster Response Account--Federal Appropriation. . . . . . $ ((46,699,000))
42,566,000
Worker and Community Right to Know Fund--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 285,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((118,267,000))
116,651,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,470,000 of the general fund--state appropriation for fiscal year 2000 ((is)) and $3,227,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for deposit in the disaster response account to cover costs pursuant to section 402(9) of this act and subsection (2) of this section.
(2) (($9,855,000)) $8,787,000 of the disaster response account--state appropriation is provided solely for the state share of response and recovery costs associated with federal emergency management agency (FEMA) disaster 1079 (November/December 1995 storms), FEMA disaster 1100 (February 1996 floods), FEMA disaster 1152 (November 1996 ice storm), FEMA disaster 1159 (December 1996 holiday storm), FEMA disaster 1172 (March 1997 floods), FEMA disaster 1252 (1998 northeast counties floods), and FEMA disaster 1255 (Kelso landslide). The military department may, upon approval of the director of the office of financial management, use portions of the disaster response account--state appropriation to offset costs of new disasters occurring before June 30, 2001. The military department is to submit a report quarterly to the office of financial management and the fiscal committees of the house of representatives and senate detailing disaster costs, including: (a) Estimates of total costs; (b) incremental changes from the previous estimate; (c) actual expenditures; (d) estimates of total remaining costs to be paid; and (d) estimates of future payments by biennium. This information is to be displayed by individual disaster, by fund, and by type of assistance.
(3) $100,000 of the general fund--state fiscal year 2000 appropriation and $100,000 of the general fund--state fiscal year 2001 appropriation are provided solely for implementation of the conditional scholarship program pursuant to chapter 28B.103 RCW.
(4) $35,000 of the general fund--state fiscal year 2000 appropriation and $35,000 of the general fund--state fiscal year 2001 appropriation are provided solely for the north county emergency medical service.
(5) $302,000 of the disaster response account--state appropriation is provided solely for the costs of activating the national guard during the world trade organization conference in Seattle.
(6) $4,003,000 of the disaster response account--state appropriation is provided solely for fire mobilization costs.
PART II
HUMAN SERVICES
Sec. 201. 2000 2nd sp.s. c 1 s 201 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose, except as expressly provided in subsection (3) of this section.
(2) The department of social and health services shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3)(a) The appropriations to the department of social and health services in this act shall be expended for the programs and in the amounts specified herein. However, after May 1, 2000, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2000 among programs after approval by the director of financial management. However, the department shall not transfer state moneys that are provided solely for a specified purpose except as expressly provided in subsection (3)(b) of this section.
(b) After May 1, 2001, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer moneys among programs, including federal moneys that are provided solely for a specified purpose. However, the department shall not transfer state moneys that are provided for a specified purpose except as expressly provided in subsection (3)(d) of this section.
(c) To the extent that transfers under subsection (3)(a) of this section are insufficient to fund actual expenditures in excess of fiscal year 2000 caseload forecasts and utilization assumptions in the medical assistance, long-term care, foster care, adoption support, voluntary placement, and child support programs, the department may transfer state moneys that are provided solely for a specified purpose after approval by the director of financial management.
(((c))) (d) To the extent that transfers under subsection (3)(b) of this section are insufficient to fund actual expenditures in excess of fiscal year 2001 caseload forecasts and utilization assumptions in the medical assistance, long-term care, foster care, adoption support, and child support programs, the department may transfer state moneys that are provided solely for a specified purpose after approval by the director of financial management.
(e) The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any allotment modifications.
Sec. 202. 2000 2nd sp.s. c 1 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 196,694,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((214,000,000))
210,463,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((355,146,000))
354,027,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 400,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,194,000
Public Safety and Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 457,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((770,891,000))
766,235,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $594,000 of the general fund--state appropriation for fiscal year 2000, $1,964,000 of the general fund--state appropriation for fiscal year 2001, and $195,000 of the general fund--federal appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 5557 (the HOPE act) or sections 10 through 29 of Engrossed Second Substitute House Bill No. 1493. If neither bill is enacted by June 30, 1999, the funds shall be provided for:
(a) The department to contract for 10 temporary residential placements, for up to 30 days, for street youth by June 30, 2000, and for 29 temporary residential placements for street youth by June 30, 2001. These street youth ((shall be sixteen to eighteen years old who are dependents of the state, and)) are persons under the age of eighteen who live outdoors or in other unsafe locations not intended for occupancy by a minor((, and whose permanency plan of care does not include return to home or family reunification. The department shall contact the missing children's clearinghouse regarding these youth. The department may approve placements for fourteen and fifteen-year olds who also meet these criteria. Youth who receive these placements may receive one or more of the following services: Educational services, vocational training, job readiness assistance, job search assistance, chemical dependency treatment, and counseling)) and who are not residing with a parent or at their legally authorized residence; and
(b) For the department to contract for 10 residential placements for dependent youth by June 30, 2000, and for 29 residential placements for youth by June 30, 2001. These youth shall be aged sixteen through eighteen who live outdoors or in unsafe locations not intended for occupancy by a minor, and whose permanency plan does not include return to home or family reunification. These placements may be available to youth up to eighteen years of age. Youth who receive these placements shall receive training related to one or more of the following: Basic education, employment, money management and other skills that will assist the youth in developing independent living skills.
(2) $2,191,000 of the fiscal year 2000 general fund--state appropriation, $2,191,000 of the fiscal year 2001 general fund--state appropriation, and $1,540,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services." The reduction in funds assumed in this section is intended to realign the appropriation with actual service levels and expenditures and is not intended to reduce the current level of intensive family preservation services across the state.
(3) $670,925 of the general fund--state fiscal year 2000 appropriation and $670,925 of the general fund--state fiscal year 2001 appropriation are provided to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to thirteen children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility shall also provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(4) $513,000 of the general fund--state fiscal year 2000 appropriation and $513,000 of the general fund--state fiscal year 2001 appropriation are provided for up to three nonfacility-based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility-based programs, preference shall be given to programs whose federal or private funding sources have expired or that have successfully performed under the existing pediatric interim care program.
(5) $140,000 of the fiscal year 2001 state general fund appropriation is provided solely for the department to establish and maintain a toll-free telephone number and an electronic on-line system for communication of information regarding child day-care centers and family day-care providers. This number shall be available during standard business hours, and during nonbusiness hours callers shall be able to leave messages. The number shall be published in reasonably available printed and electronic media. The number shall be easily identifiable as a method that callers may use to determine whether a day-care provider is licensed, determine whether a day-care provider is in good standing regarding licensing requirements, determine the general nature of enforcement actions against the provider, obtain information on how to report suspected or observed noncompliance with licensing requirements, obtain information on how to report health, safety, and welfare concerns, receive follow-up assistance including information on the office of the family and children's ombudsman, and receive referral information on other agencies or entities that may be of further assistance to the caller. Upon request, the department shall disclose the receipt, general nature, current status and resolution of all complaints on record with the department after the effective date of this section against a child day-care center or family day-care provider that result in an enforcement action. The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day-care centers and family day-care providers consistent with chapter 42.17 RCW. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.
(6) $2,311,000 of the fiscal year 2000 general fund--state appropriation, $2,370,000 of the fiscal year 2001 general fund--state appropriation, and $4,182,000 of the violence reduction and drug enforcement account appropriation are provided solely for the family policy council and community public health and safety networks.
(7) $90,000 of the general fund--state appropriation for fiscal year 2000, $91,000 of the general fund--state appropriation for fiscal year 2001, and $64,000 of the general fund--federal appropriation are provided solely to implement Substitute House Bill No. 1619 (foster parent reimbursements). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(8) $121,000 of the general fund--state appropriation for fiscal year 2000, $101,000 of the general fund--state appropriation for fiscal year 2001, and $80,000 of the general fund--federal appropriation are provided solely for the implementation of Substitute House Bill No. 1668 (foster parent training). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(9) $213,000 of the general fund--state appropriation for fiscal year 2000, $93,000 of the general fund--state appropriation for fiscal year 2001, and $78,000 of the general fund--federal appropriation are provided solely to implement Second Substitute House Bill No. 1692 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.
(10) $348,000 of the general fund--federal appropriation is provided solely for the department to determine the character of persons who have unsupervised access to children in care, including exempt child care providers defined in RCW 74.15.020, through a conviction record and pending charges check at the Washington state patrol, in order to authorize payment for care. If a check through the Washington state patrol or the federal bureau of investigation has been completed within the preceding year of the department's request, the department may rely upon the previous check for persons who confirm no offenses have been committed within the last year. Further, the appropriation is provided to the department to implement a waiver process and administrative hearing review process for exempt child care providers whose background check may otherwise disqualify them. This subsection does not establish any obligation, duty, or cause of action.
(11) $457,000 of the public safety and education account is provided to train service providers in serving and advocating for domestic violence victims with disabilities, monitor batterer treatment programs for compliance with certification standards, fund domestic violence services to underserved populations, and support the fatality review process.
(12) $2,214,000 of the general fund--state appropriation for fiscal year 2001 and $686,000 of the general fund--federal appropriation are provided solely for an increase in the combined adoption support and foster care caseloads. Of the amounts provided in this subsection, $1,107,000 shall not be expended if the total expenditures for these programs or per capita expenditures for fiscal year 2000 or for the first quarter of fiscal year 2001 for any portion of these caseloads exceed the November 1999 expenditure forecast and the department does not provide a detailed report comparing the forecasted and actual expenditures per case by rate payment category and the reasons for each overexpenditure by December 1, 2000, to the appropriate policy and fiscal committees of the legislature.
(13) $100,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for allocation, without deduction for administrative costs by the department, to the educational institute for rural families to ensure continued seasonal child care in region two of the department. These funds are not intended to supplant the contracted rate of reimbursement or the total reimbursement for the provision of seasonal child care by this provider.
(14) $174,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for a foster parent retention pilot program. This program will be directed at foster parents caring for children who act out sexually, as described in House Bill No. 2709 (foster parent retention program).
(15) The amounts provided in this section are sufficient to implement Engrossed Second Substitute Senate Bill No. 6400 (domestic violence).
Sec. 203. 2000 2nd sp.s. c 1 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 35,379,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((38,283,000))
35,408,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((9,732,000))
9,884,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 380,000
Juvenile Accountability Incentive Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,548,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,700,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((20,977,000))
19,871,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((121,999,000))
118,170,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $666,000 of the violence reduction and drug enforcement account appropriation is provided solely for deposit in the county criminal justice assistance account for costs to the criminal justice system associated with the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county adult court costs associated with the implementation of chapter 338, Laws of 1997 and shall be distributed in accordance with RCW 82.14.310.
(b) $5,742,000 of the violence reduction and drug enforcement account appropriation is provided solely for the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 338, Laws of 1997 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.
(c) $1,161,000 of the general fund--state appropriation for fiscal year 2000, $1,162,000 of the general fund--state appropriation for fiscal year 2001, $5,000,000 of the violence reduction and drug enforcement account appropriation, and $177,000 of the juvenile accountability incentive account--federal appropriation are provided solely to implement community juvenile accountability grants pursuant to chapter 338, Laws of 1997 (juvenile code revisions). Funds provided in this subsection may be used solely for community juvenile accountability grants, administration of the grants, and evaluations of programs funded by the grants.
(d) $2,419,000 of the violence reduction and drug enforcement account appropriation is provided solely to implement alcohol and substance abuse treatment programs for locally committed offenders. The juvenile rehabilitation administration shall award these moneys on a competitive basis to counties that submitted a plan for the provision of services approved by the division of alcohol and substance abuse. The juvenile rehabilitation administration shall develop criteria for evaluation of plans submitted and a timeline for awarding funding and shall assist counties in creating and submitting plans for evaluation.
(e) $100,000 of the general fund--state appropriation for fiscal year 2000 and $100,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for juvenile rehabilitation administration to contract with the institute for public policy for responsibilities assigned in chapter 338, Laws of 1997 (juvenile code revisions).
(f) The juvenile rehabilitation administration, in consultation with the juvenile court administrators, may agree on a formula to allow the transfer of funds among amounts appropriated for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative.
(g) $75,000 of the general fund--state appropriation for fiscal year 2000 and $100,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for a contract for expanded services of the teamchild project.
(h) $75,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for the Skagit county delinquency prevention project.
(i) $350,000 of the general fund--state appropriation for fiscal year 2000, $735,000 of the general fund--state appropriation for fiscal year 2001, $229,000 of the general fund--federal appropriation, and $673,000 of the violence reduction and drug enforcement account appropriation are provided solely to increase payment rates for contracted service providers. It is the legislature's intent that these amounts be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(j) No later than January 1, 2001, the Washington state institute for public policy shall report to the legislature on the outcomes of low and moderate risk juvenile rehabilitation administration offenders who were released without supervision compared to those who were released with supervision. The study shall compare both the recidivism rates as well as the nature of any new criminal offenses each group commits. The legislature shall consider the results of this study in making any decision to continue or revise parole services for this group of offenders.
(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.
(l) $3,440,000 of the general fund--state appropriation for fiscal year 2000 and $3,441,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions. The department shall not retain any portion of these funds to cover administrative or any other departmental costs. The department, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula shall neither reward counties with higher than average per-petition processing costs nor shall it penalize counties with lower than average per-petition processing costs.
(m) $6,000,000 of the public safety and education account--state appropriation is provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions. To the extent that distributions made under (l) and (m) of this subsection and pursuant to section 801 of this act exceed actual costs of processing truancy, children in need of services, and at-risk youth petitions, the department, in consultation with the respective juvenile court administrator and the county, may approve expenditure of funds provided in this subsection on other costs of the civil or criminal justice system. When this occurs, the department shall notify the office of financial management and the legislative fiscal committees. The department shall not retain any portion of these funds to cover administrative or any other departmental costs. The department, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula shall neither reward counties with higher than average per petition processing costs nor shall it penalize counties with lower than average per petition processing costs.
(n) $4,700,000 of the public safety and education account appropriation is provided solely for distribution to counties pursuant to stipulation and agreed-to order of dismissal in Thurston county superior court case number 98-2-02458. The department shall not retain any portion of these funds to cover administrative or any other departmental costs.
(o) The distributions made under (l), (m), and (n) of this subsection and distributions from the county criminal justice assistance account made pursuant to section 801 of this act constitute appropriate reimbursement for costs for any new programs or increased level of service for purposes of RCW 43.135.060.
(p) Each quarter during the 1999-01 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing the petitions in each of the following categories: Truancy, children in need of services, and at-risk youth. Counties shall submit the reports to the department no later than 45 days after the end of the quarter. The department shall forward this information to the chair and ranking minority member of the house of representatives appropriations committee and the senate ways and means committee no later than 60 days after a quarter ends. These reports are deemed informational in nature and are not for the purpose of distributing funds.
(q) $31,000 of the violence reduction and drug enforcement account appropriation is provided solely for the evaluation of the juvenile offender co-occurring disorder pilot program implemented pursuant to section 204 of this 2000 act.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 46,815,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((48,061,000))
44,022,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 740,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((15,282,000))
14,645,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((110,898,000))
106,222,000
The appropriations in this subsection are subject to the following conditions and limitations: $37,000 of the general fund--state appropriation for fiscal year 2000 and $74,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to increase payment rates for contracted service providers. It is the legislature's intent that these amounts be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 1,419,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 1,421,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 317,000
Juvenile Accountability Incentive Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,100,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 421,000
TOTAL APPROPRIATION. .. . . . . . . .$ 4,678,000
Sec. 204. 2000 2nd sp.s. c 1 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 165,723,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((179,190,000))
184,775,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((305,644,000))
311,421,000
General Fund--Local Appropriation. .. . . . . . . . . . . . . . . . .$ 1,827,000
Health Services Account Appropriation. . . . . . . .. . . . . . . .$ 1,225,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((653,609,000))
664,971,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Regional support networks shall use portions of the general fund--state appropriation for implementation of working agreements with the vocational rehabilitation program which will maximize the use of federal funding for vocational programs.
(b) From the general fund--state appropriations in this subsection, the secretary of social and health services shall assure that regional support networks reimburse the aging and adult services program for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability.
(c) $711,000 of the general fund--state appropriation for fiscal year 2000 and $757,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to directly reimburse eligible providers for the medicaid share of mental health services provided to persons eligible for both medicaid and medicare.
(d) $64,000 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 for regional support networks to participate in prerelease treatment planning and to conduct involuntary commitment evaluations, as required by Substitute Senate Bill No. 5011 (mentally ill offenders). If the bill is not enacted by June 30, 1999, these amounts shall lapse.
(e) $5,000 of the general fund--state appropriation for fiscal year 2000 and $466,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for case management and other community support services, as authorized by Substitute Senate Bill No. 5011 (mentally ill offenders). If the bill is not enacted by June 30, 1999, these amounts shall lapse.
(f) Within funds appropriated in this subsection, the department shall contract with the Clark county regional support network for development and operation of a pilot project demonstrating new and collaborative methods for providing intensive mental health services in the school setting for severely emotionally disturbed children who are medicaid eligible. Project services are to be delivered by teachers and teaching assistants who qualify as, or who are under the supervision of, mental health professionals meeting the requirements of WAC 275-57. The department shall increase medicaid payments to the regional support network by the amount necessary to cover the necessary and allowable costs of the demonstration, not to exceed the upper payment limit specified for the regional support network in the department's medicaid waiver agreement with the federal government. The regional support network shall provide the department with (i) periodic reports on project service levels, methods, and outcomes; (ii) protocols, guidelines, and handbooks suitable for use by other school districts and regional support networks seeking to replicate the pilot project's approach; and (iii) intergovernmental transfer equal to the state share of the increased medicaid payment provided for operation of this project.
(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.
(h) The general fund--state appropriation for fiscal year 2001 includes $1,891,000 to replace federal funding for outpatient services which is no longer available due to the reduction in the federal medical assistance percentage. The department shall distribute these additional state funds among the regional support networks according to each regional support network's capitation rate by eligibility category.
(i) The appropriations in this subsection include an increase in funding for medicaid outpatient services as a result of the forecasted increase in the number of persons eligible for medicaid over the number previously budgeted. The department shall distribute these additional appropriations among the regional support networks according to each regional support network's capitation rate by eligibility category.
(j) The health services account appropriation is provided solely for implementation of strategies which the department and the affected regional support networks conclude will best assure continued availability of community-based inpatient psychiatric services in all areas of the state. Such strategies may include, but are not limited to, emergency contracts for continued operation of inpatient facilities otherwise at risk of closure because of demonstrated, disproportionate uncompensated care; start-up grants for development of evaluation and treatment facilities; and increases in the rate paid for inpatient psychiatric services for medically indigent and/or general assistance for the unemployed patients. The funds provided in this subsection must be: (i)(A) Prioritized for use in those areas of the state which are at greatest risk of lacking sufficient inpatient psychiatric treatment capacity; (B) prioritized for use by those hospitals which do not receive low-income disproportionate share hospital payments as of the date of application for funding; (C) matched on a one-quarter local, three-quarters state basis by funding from the regional support network or networks in the area in which the funds are expended; and (D) used to support strategies which can be sustained during the 2001-03 biennium at a state cost no more than 100 percent greater than the amount provided in this subsection. Payments from the amount provided in this subsection shall not be made to any provider that has not agreed((: (ii)(A))) that, except for prospective rate increases, the payment shall offset, on a dollar-for-dollar basis, any liability that may be established against the state for the rate of state reimbursement for inpatient psychiatric care((; and (B) that the provider will maintain or enhance its inpatient psychiatric treatment capacity throughout the period ending June 30, 2001, or for the duration of the funding, whichever is later)). The funds provided in this subsection shall not be considered "available resources" as defined in RCW 71.24.025 and are not subject to the distribution formula established pursuant to RCW 71.24.035.
(k) $1,000,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for implementation of Substitute House Bill No. 2663 (atypical antipsychotic medications). If Substitute House Bill No. 2663 is not enacted by June 30, 2000, the amount provided in this subsection shall lapse. Prior to implementing the projects established in the bill, the department shall report to the appropriate policy and fiscal committees of the legislature on proposed medication delivery and monitoring systems and arrangements for obtaining manufacturer discounts or rebates. No more than $175,000 of the funds provided in this subsection may be used for state and contractor start-up, evaluation, and administration of the projects, and no more than $100,000 of that amount may be for ongoing costs which continue beyond fiscal year 2001. The department may transfer and allot the state component of such administrative costs to its mental health program support subprogram. The funds provided in this subsection shall not be considered "available resources" as defined in RCW 71.24.025 and are not subject to the distribution formula established pursuant to RCW 71.24.035.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 69,797,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((72,279,000))
71,919,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((141,129,000))
140,780,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 29,809,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((313,014,000))
312,305,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The state mental hospitals may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(b) The mental health program at Western state hospital shall continue to use labor provided by the Tacoma prerelease program of the department of corrections.
(c) The department shall use general fund--local appropriations in this subsection to establish a third-party revenue incentive pool, which shall be used for staff-initiated projects which will increase the quality of care at the state hospitals. For fiscal year 2000, the incentive pool shall be (i) the first $200,000 by which revenues from third-party payers exceed $28,000,000; and (ii) fifty percent of any amounts beyond $28,200,000, up to a maximum of $500,000. For fiscal year 2001, the incentive pool shall be (iii) the first $350,000 by which third-party revenues exceed $28,480,000; and (iv) fifty percent of any amounts beyond $28,830,000, up to a maximum of $700,000. For purposes of this subsection, "third-party revenues" does not include disproportionate share hospital payments or the federal share of salaries and benefit allocations. The department may establish separate incentive pools for each hospital. The department may also divide the annual revenue target into quarterly goals, and make funds available from the incentive pool on a quarterly basis.
(d) $444,000 of the general fund--state appropriation for fiscal year 2000, $1,866,000 of the general fund--state appropriation for fiscal year 2001, $196,000 of the general fund--private/local appropriation, and $157,000 of the general fund--federal appropriation are provided for improved, more specialized care for persons with developmental disabilities during their treatment for a psychiatric illness at the state hospitals.
(e) By March 1, 2001, the department shall modify the treatment approach on at least two state hospital wards to more cost-effective models of care. The models shall place greater emphasis upon community transition, or upon long-term support, than upon intensive psychiatric rehabilitation for residents for whom such an alternative model of care is determined appropriate by their treatment team. The alternative treatment approaches may include closure of a ward and use of hospital staff to provide transitional community services, in coordination with the regional support networks.
(3) CIVIL COMMITMENT
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 10,895,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((11,940,000))
13,275,000
Violence Reduction and Drug Enforcement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ 14,000,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((36,835,000))
38,170,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department shall report to the fiscal committees of the legislature by October 1, 1999, on plans for increasing the efficiency of staffing patterns at the civil commitment center sufficiently to operate within authorized staffing and expenditure levels.
(b) The violence reduction and drug enforcement account appropriation is provided solely for deposit into the state building and construction account for design and construction of a new special commitment center facility (capital project 00-2-001). These funds shall not be transferred for other purposes as otherwise provided in section 201(3)(b) of this act. The amount provided in this subsection is subject to the review and allotment procedures under sections 902 and 903 of chapter 379, Laws of 1999. In accordance with section 909 of chapter 379, Laws of 1999, the department of corrections is responsible for project management.
(4) SPECIAL PROJECTS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 444,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 443,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 3,282,000
TOTAL APPROPRIATION. .. . . . . . . .$ 4,169,000
(5) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 2,612,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((2,706,000))
2,688,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((3,227,000))
3,220,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((8,545,000))
8,520,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) By December 1, 1999, the department shall provide the fiscal committees of the legislature with an independent assessment of options for increasing the efficiency and effectiveness of current systems and organizational structures for billing third-party payers for hospital services.
(b) $100,000 of the general fund--state appropriation for fiscal year 2000, $100,000 of the general fund--state appropriation for fiscal year 2001, and $120,000 of the general fund federal appropriation are provided solely for the institute for public policy to evaluate the impacts of Substitute Senate Bill No. 5011 (mentally ill offenders), and of chapter 297, Laws of 1998 (commitment of mentally ill persons). If Substitute Senate Bill No. 5011 is not enacted by June 30, 1999, one-half of each of these amounts shall lapse.
Sec. 205. 2000 2nd sp.s. c 1 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 185,473,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((205,593,000))
212,352,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((325,535,000))
326,295,000
Health Services Account--State Appropriation. . . . . . . . . .$ 262,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((716,863,000))
724,382,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The health services account appropriation and $127,000 of the general fund--federal appropriation are provided solely for health care benefits for home care workers with family incomes below 200 percent of the federal poverty level who are employed through state contracts for twenty hours per week or more. 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.
(b) $3,100,000 of the general fund--state appropriation for fiscal year 2000, $4,650,000 of the general fund--state appropriation for fiscal year 2001, and $8,250,000 of the general fund--federal appropriation are provided solely to increase services and supports for people with developmental disabilities. These funds shall be expended in accordance with priorities established by the stakeholder advisory group established in accordance with chapter 216, Laws of 1998 (developmental disabilities), except that (i) at least 50 percent of these amounts must be used to increase the number of people receiving residential, employment, family support, or other direct services; (ii) the services and supports must be designed and implemented such that the cost of continuing them in the 2001-03 biennium does not exceed $19.2 million, of which no more than $9.3 million is from state funds; and (iii) strong consideration shall be given to the need for increased wages for direct care workers in contracted residential programs.
(c) $413,000 of the general fund--state appropriation for fiscal year 2000, $1,172,000 of the general fund--state appropriation for fiscal year 2001, and $694,000 of the general fund--federal appropriation are provided solely for employment, or other day activities and training programs, for young people who complete their high school curriculum in 1999 or 2000.
(d) $1,919,000 of the general fund--state appropriation for fiscal year 2000, $6,673,000 of the general fund--state appropriation for fiscal year 2001, and $7,361,000 of the general fund--federal appropriation are provided solely to improve services for persons with developmental disabilities who would otherwise be at risk of needing involuntary commitment to or prolonged treatment at state psychiatric hospitals. The department shall use these funds to enhance the community crisis response system managed by regional support networks, improve crisis prevention and stabilization services through the developmental disabilities community services system, and expand community residential capacity for persons with developmental disabilities who are ready for discharge from state psychiatric hospitals. Funding for community residential capacity is sufficient to move a biennium total of 48 patients out of the state hospitals at a reasonable pace by June 30, 2001. The department shall manage the intensity of services provided so that the average cost per day does not exceed $300 per person placed in this expanded community residential capacity. The department shall report to the appropriate committees of the legislature progress towards implementing this subsection after each calendar quarter. The legislature finds that, in addition to the appropriations in this subsection for improvements in services to persons with developmental disabilities who are committed to the custody of the secretary under chapter 71.05 RCW, it is necessary to study long-term treatment alternatives and their legal, fiscal, and policy implications. Therefore, the department shall provide a report to the ways and means committee of the senate and the appropriations committee of the house of representatives by December 1, 2000, containing options and recommendations for secure treatment programs. The report shall identify various treatment models that could be implemented and various types and locations of secure facilities, both state-owned and leased, in which programs could be sited, together with the department's recommendations. The report shall evaluate the potential for siting such programs on the grounds of existing state residential habilitation centers. The report shall also include analysis of advantages and disadvantages associated with contracting for some or all of the new program options identified. The report shall evaluate the options based on short-term and long-term costs, client and community security, efficiency of coordination with other service delivery systems, and how they address specific legal issues. In developing this report, the department shall invite participation by representatives of the Washington protection and advocacy system (WPAS), and shall include in the report WPAS' position on options and recommendations submitted by the department and any additional recommendations made by WPAS. The legislature recognizes a need to improve long-term services provided to individuals with developmental disabilities who are undergoing involuntary treatment under chapter 71.05 RCW. The legislature is committed to providing resources necessary to address issues in the U.S. District Court case of Allen v. Western State Hospital.
(e) $513,000 of the general fund--state appropriation for fiscal year 2000, $1,421,000 of the general fund--state appropriation for fiscal year 2001, and $2,033,000 of the general fund--federal appropriation are provided to develop and operate secure residential and day program placements for persons who seem likely to pose a significant risk to the public safety if their current residential arrangement were to continue.
(f) $209,000 of the general fund--state appropriation for fiscal year 2000, $664,000 of the general fund--state appropriation for fiscal year 2001, and $939,000 of the general fund--federal appropriation are provided to increase wages as required by Initiative No. 688 (state minimum wage) for contracted adult family homes, adult residential care facilities, hourly and daily family support providers, and hourly attendant care providers.
(g) $1,978,000 of the general fund--state appropriation for fiscal year 2000, $4,475,000 of the general fund--state appropriation for fiscal year 2001, and $6,989,000 of the general fund--federal appropriation are provided solely to increase compensation for individual and agency home care workers. Payments to individual 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 be increased 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.
(h) Within amounts appropriated in this subsection, the developmental disabilities program shall contract for a pilot program to test an alternative service delivery model for persons with autism. The department must use a competitive process to determine the site of the pilot. The pilot program must be time-limited and subject to an evaluation of client outcomes to determine the effectiveness and efficiency of the pilot program compared to the standard service model for persons with autism.
(i) $500,000 of the general fund--state appropriation for fiscal year 2001 and $160,000 of the general fund--federal appropriation are provided solely for increased family support services and related case management support.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 66,076,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((67,478,000))
66,904,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((146,482,000))
145,834,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 10,227,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((290,263,000))
289,041,000
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 2,431,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 2,435,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 2,080,000
TOTAL APPROPRIATION. .. . . . . . . .$ 6,946,000
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 12,007,000
Sec. 206. 2000 2nd sp.s. c 1 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). . . . . . . . . .$ 446,025,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((475,043,000))
477,355,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((979,301,000))
977,522,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 3,910,000
Health Services Account--State Appropriation. . . . . . . . . .$ ((2,104,000))
3,167,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,906,383,000))
1,907,979,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire health services account appropriation, (($2,118,000)) $4,756,000 of the general fund--federal appropriation, $923,000 of the general fund--state appropriation for fiscal year 2000, and (($958,000)) $1,019,000 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 $10.85 for the capital portion of the rate and no more than $108.20 for the noncapital portion of the rate. For fiscal year 2001, the weighted average nursing facility payment rate shall be no more than $11.44 for the capital portion of the rate and no more than (($111.21)) $111.84 for the noncapital portion of the rate. These rates include vendor rate increases, but exclude nurse's aide training.
(4) In addition to the rates set forth in subsection (3), $286,000 of the general fund--state appropriation for fiscal year 2000 and $310,000 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 subsection (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 subsection. This subsection applies only to rates paid for services provided between July 1, 1999, and March 31, 2000.
(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) Funds are appropriated in this section 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.
(10) $610,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for implementation of Substitute House Bill No. 2454 (caregiver support). If Substitute House Bill No. 2454 is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(11) $8,000 of the general fund--state appropriation for fiscal year 2000, $131,000 of the general fund--state appropriation for fiscal year 2001, and $139,000 of the general fund--federal appropriation are provided solely for implementation of Substitute House Bill No. 2637 (background checks). If the bill is not enacted by June 30, 2000, the amounts provided in this subsection shall lapse.
Sec. 207. 2000 2nd sp.s. c 1 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 427,742,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((410,913,000))
421,371,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((1,229,774,000))
1,226,044,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 30,807,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((2,099,236,000))
2,105,964,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $284,083,000 of the general fund--state appropriation for fiscal year 2000, $268,114,000 of the general fund--state appropriation for fiscal year 2001, $1,140,342,000 of the general fund--federal appropriation, and $28,371,000 of the general fund--local appropriation are provided solely for the WorkFirst program and child support operations. WorkFirst expenditures include TANF grants, diversion services, subsidized child care, employment and training, other WorkFirst related services, allocated field services operating costs, and allocated economic services program administrative costs. Within the amounts provided in this subsection, the department shall:
(a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Valid outcome measures of job retention and wage progression shall be developed and reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months. An increased attention to job retention and wage progression is necessary to emphasize the legislature's goal that the WorkFirst program succeed in helping recipients gain long-term economic independence and not cycle on and off public assistance. The wage progression measure shall report the median percentage increase in quarterly earnings and hourly wage after 12 months, 24 months, and 36 months. The wage progression report shall also report the percent with earnings above one hundred percent and two hundred percent of the federal poverty level. The report shall compare former WorkFirst participants with similar workers who did not participate in WorkFirst. The department shall also report percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months.
(b) Develop informational materials that educate families about the difference between cash assistance and work support benefits. These materials must explain, among other facts, that the benefits are designed to support their employment, that there are no time limits on the receipts of work support benefits, and that immigration or residency status will not be affected by the receipt of benefits. These materials shall be posted in all community service offices and distributed to families. Materials must be available in multiple languages. When a family leaves the temporary assistance for needy families program, receives cash diversion assistance, or withdraws a temporary assistance for needy families application, the department of social and health services shall educate them about the difference between cash assistance and work support benefits and offering them the opportunity to begin or to continue receiving work support benefits, so long as they are eligible. The department shall provide this information through in-person interviews, over the telephone, and/or through the mail. Work support benefits include food stamps, medicaid for all family members, medicaid or state children's health insurance program for children, and child care assistance. The department shall report annually to the legislature the number of families who have had exit interviews, been reached successfully by phone, and sent mail. The report shall also include the percentage of families who elect to continue each of the benefits and the percentage found ineligible by each substantive reason code. A substantive reason code shall not be "other." The report shall identify barriers to informing families about work support benefits and describe existing and future actions to overcome such barriers.
(c) Provide $500,000 from the general fund--state appropriation for fiscal year 2000 and $500,000 from the general fund--state appropriation for fiscal year 2001 for continuation of the WorkFirst evaluation conducted by the joint legislative audit and review committee.
(d) Report to the appropriate committees of the legislature, by December 1, 2000, how the new federal child support incentive system can be used to maximize federal incentive payments and to support the greatest achievement of WorkFirst program goals. In the event that the department earns federal child support incentive payments in excess of amounts budgeted, the department shall use one-half of those additional funds to offset general fund--state allotments and one-half of those additional funds to improve child support services. The department shall also work with the Washington state association of county clerks to identify ways to protect the confidentiality of social security numbers on court documents needed by the child support enforcement system while ensuring the reliability of this information without significantly increasing the cost to administer the child support system. The department shall report its recommendations for protecting the confidentiality of social security numbers to appropriate committees of the legislature by December 1, 2000.
(e) Provide up to $500,000 of the general fund--federal appropriation to the office of financial management for a study of rate setting methods and policy for subsidized child care, the best method for coordinating and consolidating child care and early education programs currently funded by state government, and for a review of the various state programs for low-income families with children. The child care rate study shall analyze the effects of rate setting policy on the affordability and quality of the overall child care market. The child care and early education program study shall evaluate how current programs may be coordinated and consolidated to provide the most efficient level of administration, grant funding, and increased accessibility by families who are served by these programs. The study of state programs for low-income families shall compare and contrast eligibility and access to these programs and identify ways to coordinate or consolidate these programs to reduce administrative costs and improve access. The office shall submit a report to the department of social and health services and the appropriate committees of the legislature by December 1, 2000.
(f) Convene a working group that includes stakeholders and recipients of public assistance to establish basic customer service performance measures and goals. The customer service measures and goals will seek to make support for working families a priority. Customer service measures and goals may include, but are not limited to: Hours of operation that allow working families to get services without missing work, reduced wait times, systems for answering and returning phone calls in a timely manner, access to benefits that support work, access to job training and education, and, access to services for families with limited literacy or English skills, and families with special needs. The department shall report to the legislature by January 2001 the establishment of customer service measures and goals, and the departmental actions to assure the goals are being met.
(g) Use existing flexibility in federal and state welfare laws and regulations to support, on a limited basis, longer education and training plans that have a strong likelihood to lead to long-term economic independence for recipient.
(h) Provide up to $1,400,000 of the general fund--federal appropriation for after-school care for middle school youth through programs such as those described in House Bill No. 2530 (after-school care).
(i) Provide up to $2,710,000 of the general fund--federal appropriation for training and technical assistance for child care providers seeking training to enable them to competently serve children with special needs as described in House Bill No. 2869 (child care provider training).
(j) Provide $230,000, or as much thereof as may be necessary, to the department of health to expand the vasectomy project to temporary assistance for needy families clients and their partners until such time as a federal family planning waiver is granted that will cover these services.
(k) Ensure that funds provided in this subsection to implement policies that disregard or exempt a portion of recipients' income are designed to achieve stated WorkFirst program goals and outcomes. Income disregards are effective incentives to help WorkFirst families move towards economic independence. Income disregard policy shall not discriminate based on who the specific employer is.
(2) $43,408,000 of the general fund--state appropriation for fiscal year 2000 and (($43,386,000)) $46,420,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for cash assistance and other services to recipients in the general assistance--unemployable program. Within these amounts, the department may expend funds for services that assist recipients to reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed funds provided. The department shall, by July 1, 2000, begin using federal funds provided in subsection (1) of this section, as allowed by federal rules, for the costs of providing income assistance to children with court-appointed guardians or court-appointed custodians.
(3) $5,444,000 of the general fund--state appropriation for fiscal year 2000 and $5,632,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the food assistance program for legal immigrants. The level of benefits shall be equivalent to the benefits provided by the federal food stamp program.
(4) RCW 74.08A.280 permits the department to develop contracts for state-wide welfare-to-work services. Within amounts available in this section, the department shall provide progress reports on the use of such contracting to the fiscal committees of the legislature by January 1, 2001. Each of these reports shall describe the number of current contracts for temporary assistance for needy families (TANF) or WorkFirst services that the department has with community social service providers and a description of the services being provided through each of those contracts.
(5) The legislature finds that, since the passage of the federal personal responsibility and work opportunity act in 1997, Washington's public assistance population has declined dramatically, and that the currently appropriated level for the temporary assistance for needy families program is sufficient for the 1999-01 biennium. The legislature further finds that federal funding for the temporary assistance for needy families program may decrease after the current five-year block grant has expired. The legislature declares that at least $60,000,000 of the year-end balance in the federal TANF grant shall be held in reserve by the office of financial management at the close of the 1999-01 biennium.
Sec. 208. 2000 2nd sp.s. c 1 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 21,338,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((22,101,000))
22,066,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((90,373,000))
90,364,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 1,204,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,102,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 77,150,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((219,268,000))
219,224,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,960,000 of the general fund--state appropriation for fiscal year 2000 and $1,960,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for expansion of 50 drug and alcohol treatment beds for persons committed under RCW 70.96A.140. Patients meeting the commitment criteria of RCW 70.96A.140 but who voluntarily agree to treatment in lieu of commitment shall also be eligible for treatment in these additional treatment beds. The department shall develop specific placement criteria for these expanded treatment beds to ensure that this new treatment capacity is prioritized for persons incapacitated as a result of chemical dependency and who are also high utilizers of hospital services.
(2) $18,000 of the general fund--state appropriation for fiscal year 2000, $88,000 of the general fund--state appropriation for fiscal year 2001, and $116,000 of the general fund--federal appropriation are provided solely for 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.
(3) $1,444,000 of the general fund--state appropriation for fiscal year 2000, $1,484,000 of the general fund--state appropriation for fiscal year 2001, and $330,000 of the general fund--federal appropriation are provided for implementation of Engrossed Substitute Senate Bill No. 5480 (drug-affected infants) or sections 1 through 17 of Second Substitute House Bill No. 1574. If legislation expanding services to prevent drug-affected infants is not enacted by June 30, 1999, the amounts provided in this subsection shall be provided solely for the development and implementation of comprehensive programs for alcohol and drug abusing mothers and their young children. The pilot programs shall be implemented in several locations, including at least one rural location. The pilot programs shall also be supported with TANF funds provided in section 208 of this act as a way to reduce prolonged dependency on public assistance for program participants.
(4) $442,000 of the public safety and education account--state appropriation is provided solely for drug courts that have a net loss of federal grant funding from fiscal year 2000 to fiscal year 2001. The legislature finds that drug courts reduce criminal justice costs for both state and local governments. This appropriation is intended to cover approximately one-half of the lost federal funding. It is the intent of the legislature to provide state assistance to counties to cover a part of lost federal funding for drug courts for a maximum of three years.
Sec. 209. 2000 2nd sp.s. c 1 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 744,327,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((834,864,000))
976,059,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((2,542,652,000))
2,701,092,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ ((258,616,000))
256,704,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . . . . . . . . . .$ 9,200,000
Health Services Account--State Appropriation. . . . . . . . . .$ ((487,040,000))
527,852,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((4,876,699,000))
5,215,234,000
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 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.
(7) 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.
(8) 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.
(9) $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.
(10) 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.
(11) In accordance with Substitute Senate Bill No. 5968, $70,821,000 of the health services account appropriation for fiscal year 2000, (($42,041,000)) $67,331,000 of the health services account appropriation for fiscal year 2001, and (($120,278,000)) $146,579,000 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 ((87)) 89 percent of the total supplemental payment amounts received during the 1999-01 fiscal biennium; 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. The participating districts shall retain no more than a total of $30,000,000 for the 1999-01 biennium.
(12) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
(13) $1,529,000 of the general fund--state appropriation for fiscal year 2000, $4,077,000 of the general fund--state appropriation for fiscal year 2001, and $5,394,000 of the general fund--federal appropriation are provided solely for implementation of the settlement negotiated by the department and the attorney general in the case of Allenmore et al. vs. DSHS.
(14) From funds provided in this section, the department shall develop disease state management and therapeutic substitution programs which will substantially maintain or enhance the quality of the drug benefit for medical assistance recipients, while controlling overall health care costs. In designing the disease state management programs, the department shall research programs which have proven effective with similar populations in other states, and shall then work with concerned provider and consumer groups to adapt those strategies to Washington's service delivery system. The department shall work with its drug utilization and education council to develop a therapeutic substitution program for at least two classes of drugs. Under the therapeutic substitution program, the council shall analyze pharmacoeconomic research on the costs and benefits of all drugs within the class, and identify the most cost-effective drug or drugs within the class for placement on the formulary. Other drugs within the class shall be preauthorized when clinically indicated under criteria established by the council. The department shall report to appropriate committees of the legislature by December 1, 2000, prior to implementing its proposed strategies.
(15) (($14,848,000)) $27,100,000 of the health services account appropriation for fiscal year 2001 and (($15,269,000)) $27,800,000 of the general fund--federal appropriation are provided solely for additional disproportionate share hospital payments to public hospital districts. Such additional payments shall not be made prior to federal approval of a revision in the medicaid payment methodology for state teaching hospitals, and shall not exceed the increase in medicaid payments which results from that change. The payments shall further be conditioned upon a contractual commitment by the participating public hospital districts to make an intergovernmental transfer to the health services account equal to at least ((77)) 85 percent of the additional disproportionate share payment. The participating districts shall retain no more than (($7,000,000)) $7,800,000 of the additional disproportionate share payment. At least 28 percent of the amounts retained by the participating hospital districts shall be allocated to the state teaching hospitals.
(16)(a) $49,000 of the general fund--state appropriation for fiscal year 2001 and $49,000 of the general fund--federal appropriation for fiscal year 2001 are provided solely for the medical assistance administration and the health care authority to jointly conduct a state-wide study to:
(i) Determine payment sources and rates paid for primary health care providers performing outpatient primary care services and primary care in hospital emergency rooms for the state's medical assistance programs, including healthy options, and the basic health plan. To determine payment sources and rates paid, the agencies may seek information in relation to such factors as:
(A) The rates paid to primary care providers for their medical assistance programs, including healthy options, and basic health plan contracts; and
(B) How these rates compare with nonpublic pay clients for the same services.
The agencies are authorized to attain this information from health plans or providers. The agencies shall maintain the confidentiality of data collected for the purpose of the study;
(ii) Determine which primary care providers serve a relatively high number of low-income clients, and how that affects their medical practice. For purposes of the study, "primary care providers" includes pediatricians, family practitioners, general practitioners, internists, physician assistants, and advanced registered nurse practitioners; and
(iii) Develop proposals to support these providers' medical practices. The agencies must determine what constitutes a relatively high percentage of low-income clients for individual primary care providers who contract for medical assistance administration programs, including healthy options, and the basic health plan, and recommend whether and at what point this disproportionately high percentage should result in additional compensation to the primary care provider. The agencies shall recommend a method to calculate a payment adjustment designed to help support medical practices, according to the study's findings.
(b) In conducting the study, the agencies shall determine which regions of the state to include in the study, based on factors the agencies determine will provide the most representative data state-wide. The agencies shall also consult with interested parties, including any organization or agency affected by this subsection, throughout the course of the study.
(c) The agencies shall report to the legislature by December 1, 2000, with the results of the primary health care provider study. The report shall include recommendations on: (i) What constitutes a disproportionately high percentage of low-income clients; (ii) possible payment adjustments for these providers; (iii) methods to implement such a rate adjustment; and (iv) what such a payment adjusted program will cost.
(17) From funds appropriated in this section, the medical assistance program shall assist the Washington state institute for public policy with the assessment of options for expanding medicaid eligibility required in section 607 of this 2000 act. Such assistance shall include analysis of medicaid enrollment and expenditure data needed for enrollment and cost projections; information and advice on state and federal medicaid requirements; and liaison with state and federal officials in other states undertaking similar expansions.
(18) $290,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for implementation of the asset exemption provisions of House Bill No. 2686. If these provisions are not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
Sec. 210. 2000 2nd sp.s. c 1 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 8,770,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((8,635,000))
8,600,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((81,906,000))
81,797,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 1,865,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((101,176,000))
101,032,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with state and local organizations to improve and expand employment opportunities for people with severe disabilities served by those organizations.
(2) $190,000 of the general fund--state appropriation for fiscal year 2000, $240,000 of the general fund--state appropriation for fiscal year 2001, and $1,590,000 of the general fund--federal appropriation are provided solely for vocational rehabilitation services for individuals enrolled for services with the developmental disabilities program who complete their high school curriculum in 1999 or 2000.
Sec. 211. 2000 2nd sp.s. c 1 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 26,004,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((20,119,000))
26,135,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((43,227,000))
47,157,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 720,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((90,070,000))
100,016,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding is provided for the incremental cost of lease renewals and for the temporary increased costs for relocating staff out of state office building no. 2 (OB2) during the renovation of that building. Of this increase, $2,400,000 is provided for relocating staff. This amount is recognized as one-time-only funding for the 1999-01 biennium. As part of the 2001-2003 budget request, the department shall update the estimate of increased cost for relocating staff, including specifying what portion of that increase is due to providing more square footage per FTE in the new leased space compared to the space occupied previously.
(2) The department may transfer up to $528,000 of the general fund--state appropriation for fiscal year 2000, $1,057,000 of the general fund--state appropriation for fiscal year 2001, and $812,000 of the general fund--federal appropriation to the administration and supporting services program from various other programs to implement administrative reductions.
(3) The department may transfer and allot up to $5,560,000 of the general fund--state appropriation for fiscal year 2001 and $3,518,000 of the general fund--federal appropriation to the administration and supporting services program from various other programs in the department to achieve fiscal reductions assumed in this section. In selecting reductions in the various other programs, the department shall place a higher priority on reductions in administrative support functions as opposed to direct client services. Reductions in positions providing direct client services shall be implemented only if those reductions can be justified by reduced workload or through reorganization or other efficiencies that do not result in a risk of failing to meet federal or state certification or licensing standards. In achieving the level of savings assumed in this subsection, the department shall not eliminate or reduce funding and/or staff that would shift or transfer filing or appeal workload to superior courts. By September 1, 2000, the department shall report its plan to implement the savings in this section to the fiscal committees of the legislature.
(4) $187,000 of the general fund--state appropriation for fiscal year 2000, $746,000 of the general fund--state appropriation for fiscal year 2001, and (($2,251,000)) $2,500,000 of the general fund--federal appropriation are provided to implement a new fraud and abuse detection system. By December 1, 2000, the department shall provide a report to the fiscal committees of the legislature that will include: The actual cost recovery in fiscal year 1999 and fiscal year 2000, prior to implementation of the new fraud and abuse detection system; actual cost avoidance in fiscal year 1999 and fiscal year 2000, prior to implementation of the new fraud and abuse detection system; actual cost recovery and actual cost avoidance achieved to date after implementation in fiscal year 2000 and 2001, compared to the savings included in sections 202, 205, 206, and 209 of this 2000 act; and the criteria and methodology used for determining cost recovery and cost avoidance.
Sec. 212. 2000 2nd sp.s. c 1 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 31,190,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 31,225,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((21,932,000))
21,984,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((84,347,000))
84,399,000
Sec. 213. 2000 2nd sp.s. c 1 s 216 (uncodified) is amended to read as follows:
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 100,000
Death Investigations Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 148,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,632,000))
16,492,000
Municipal Criminal Justice Assistance Account--
Local Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 412,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((17,880,000))
17,152,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $125,000 of the public safety and education account appropriation is provided solely for information technology upgrades and improvements for the criminal justice training commission.
(2) $481,000 of the public safety and education account appropriation is provided solely for the implementation of provisions of chapter 351, Laws of 1997 (criminal justice training) dealing with supervisory and management training of law enforcement personnel. Within the funds provided in this subsection, the criminal justice training commission shall provide the required training in the least disruptive manner to local law enforcement agencies and may include, but is not limited to, regional on-site training, interactive training, and credit for training given by the home department.
(3) $1,990,000 of the public safety and education account appropriation is provided solely for expanding the basic law enforcement academy (BLEA) from 469 hours to 720 hours. The funds provided in this subsection are assumed sufficient for the criminal justice training commission to provide expanded BLEA training to 330 attendees in fiscal year 2000 and 660 attendees in fiscal year 2001.
(4) $180,000 of the public safety and education account appropriation is provided solely for the implementation of Second Substitute House Bill No. 1176 (sexually violent offender records). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(5) $276,000 of the public safety and education account appropriation is provided solely for the implementation of Second Substitute House Bill No. 1692 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.
(6) $50,000 of the public safety and education account appropriation is provided solely for additional domestic violence training courses for 911 operators.
(7) $215,000 of the public safety and education account appropriation is provided solely for the Washington association of sheriffs and police chiefs to conduct a study of law enforcement services and expenditures for both counties and cities within the county for counties with populations over one hundred fifty thousand. The study shall begin no later than July 1, 2000, and shall be completed by ((June 30)) October 31, 2001. The final report shall be distributed by the Washington association of sheriffs and police chiefs to the appropriate standing committees of the legislature. The study shall:
(a) Make recommendations to improve the efficiency of delivering law enforcement services. The recommendations may be made to law enforcement jurisdictions, Washington association of sheriffs and police chiefs, units of local government, and the legislature;
(b) Research, compile, and analyze data sufficient to provide a comprehensive analysis of the costs and total expenditures for law enforcement. These costs include but are not limited to special services, defined as but not limited to: SWAT teams, bomb disposal units, air support, marine units, hostage negotiation teams, homicide investigation units, drug units, canine units, arson investigation teams, computer fraud and forensics units, domestic violence and special assault units, and gang and youth violence units. The study shall identify duplications and inefficiencies in current service delivery;
(c) Obtain data from all local governments on the types of costs identified in (b) of this subsection. This data will be compiled and analyzed by the agency or organization that conducts the study for each county; and
(d) Obtain data from those counties and law enforcement agencies where master interlocal agreements, joint specialty service units, and other cooperative arrangements have been developed between law enforcement agencies to improve the effectiveness, efficiency, and ensured quality of specialty law enforcement services.
Sec. 214. 2000 2nd sp.s. c 1 s 217 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 7,268,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 7,240,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((18,756,000))
20,156,000
Public Safety and Education Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,950,000
Public Safety and Education Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,057,000
Electrical License Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24,402,000
Farm Labor Revolving Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 28,000
Worker and Community Right-to-Know Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,211,000
Public Works Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,996,000
Accident Account--State Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 167,092,000
Accident Account--Federal Appropriation. . . . . .. . . . . . . .$ 9,112,000
Medical Aid Account--State Appropriation. . . . .. . . . . . . .$ 169,172,000
Medical Aid Account--Federal Appropriation. . . . . . . . . . .$ 1,592,000
Plumbing Certificate Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 971,000
Pressure Systems Safety Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,167,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((422,014,000))
423,414,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education account funds appropriated in this section. In the event that cost containment measures are necessary, the department may (a) institute copayments for services; (b) develop preferred provider and managed care contracts; (c) coordinate with the department of social and health services to use the public safety and education account as matching funds for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims. Cost containment measures shall not include holding invoices received in one fiscal period for payment from appropriations in subsequent fiscal periods.
(2) $2,665,000 of the public safety and education account--state appropriation is provided solely for additional costs for client benefits in the crime victims compensation program, provided that no more than $5,095,000 of the appropriations provided in subsection (1) of this section is expended for department administration of the crime victims compensation program.
(3) From within funds provided, the department shall improve customer service and satisfaction for injured workers by speeding up the process for reporting injuries, and shall enhance vocational rehabilitation services for injured workers.
Sec. 215. 2000 2nd sp.s. c 1 s 218 (uncodified) is amended to read as follows:
(1) HEADQUARTERS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 1,640,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 1,628,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 134,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 78,000
Industrial Insurance Premium Refund Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 78,000
Charitable, Educational, Penal, and Reformatory
Institutions Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000
TOTAL APPROPRIATION. .. . . . . . . .$ 3,560,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $39,000 of the general fund--state appropriation is provided solely as an additional state contribution toward the cost of constructing a memorial on the state capitol grounds to the men and women who served in the nation's armed forces during the second world war.
(b) $231,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for disbursement to the national World War II memorial fund for construction and maintenance of the national monument honoring the men and women from Washington and the other states who served in the nation's armed forces during the second world war.
(c) $200,000 of the general fund--state appropriation for fiscal year 2001 is provided solely to conduct a predesign study for replacement of aging skilled nursing facilities. The predesign study shall comply with the requirements of sections 902 and 903, chapter 379, Laws of 1999.
(2) FIELD SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 2,466,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 2,494,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((26,000))
78,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 1,495,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((6,481,000))
6,533,000
(3) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 5,346,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 4,790,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 23,002,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 16,527,000
TOTAL APPROPRIATION. .. . . . . . . .$ 49,665,000
Sec. 216. 2000 2nd sp.s. c 1 s 219 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 62,840,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 64,284,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((268,032,000))
268,081,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ ((68,648,000))
74,989,000
Hospital Commission Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,378,000
Health Professions Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37,529,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . . . . . . . . . .$ 14,856,000
State Drinking Water Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,531,000
Drinking Water Assistance Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,456,000
Waterworks Operator Certification--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 593,000
Water Quality Account--State Appropriation. . . .. . . . . . . .$ 3,124,000
Accident Account--State Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 258,000
Medical Aid Account--State Appropriation. . . . .. . . . . . . .$ 45,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,614,000
Health Services Account Appropriation. . . . . . . .. . . . . . . .$ 12,992,000
Medical Test Site Licensure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,651,000
Youth Tobacco Prevention Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,804,000
Tobacco Prevention and Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,620,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((565,255,000))
571,645,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,434,000 of the health professions account appropriation is provided solely for the development and implementation of a licensing and disciplinary management system. Expenditures are conditioned upon compliance with section 902 of this act. These funds shall not be expended without appropriate project approval by the department of information systems.
(2) The department or any successor agency is authorized to raise existing fees charged to the nursing assistants, podiatrists, and osteopaths; for certificate of need; for temporary worker housing; for state institution inspection; for residential care facilities and for transient accommodations, in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section.
(3) $339,000 of the general fund--state appropriation for fiscal year 2000, $339,000 of the general fund--state appropriation for fiscal year 2001, and $678,000 of the general fund--federal appropriation are provided solely for technical assistance to local governments and special districts on water conservation and reuse. $339,000 of the general fund--federal amount may be expended in each fiscal year of the biennium, only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.
(4) $1,685,000 of the general fund--state fiscal year 2000 appropriation and $1,686,000 of the general fund--state fiscal year 2001 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.
(5) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(6) $620,000 of the tobacco prevention and control account appropriation and $209,000 of the general fund--federal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5516 or, if the bill is not enacted, for the development of a sustainable, long-term, comprehensive tobacco control program. The plan shall identify a specific set of outcome measures that shall be used to track long range progress in reducing the use of tobacco. Nationally accepted measures that can be used to compare progress with other states shall be included. The plan shall emphasize programs that have demonstrated effectiveness in achieving progress towards the specified outcome measures. Components of the plan that do not have a record of success may be included, provided that the plan also includes the means of evaluating those components. The plan shall also include an inventory of existing publically funded programs that seek to prevent the use of tobacco, alcohol, or other drugs by children and youth and recommendations to coordinate and consolidate these programs in order to achieve greatest positive outcomes within total available resources. A preliminary plan shall be submitted to the appropriate committees of the legislature by December 1, 1999.
(7) $2,075,000 of fiscal year 2000 general fund--state appropriation and $2,075,000 of fiscal year 2001 general fund--state appropriation are provided for the Washington poison center. The department shall require the center to develop a long range financing plan that identifies options for diversifying funding for center operations, including, but not limited to, federal grants, private sector grants and sponsorships, and multistate or regional operating agreements. The plan shall be submitted to the appropriate committees of the legislature by December 1, 2000.
(8) $50,000 of fiscal year 2000 general fund--state appropriation and $50,000 of fiscal year 2001 general fund--state appropriation are provided solely for fund raising and other activities for the development of early hearing loss clinics. The development plan for these clinics shall not assume ongoing general fund--state appropriations.
(9) $15,000,000 of the tobacco prevention and control account appropriation is provided solely for the implementation of a sustainable, long-term tobacco control program. The integrated components of the program may include: Community-based programs, cessation, public awareness and education, youth access, and assessment and evaluation. A final plan will define the sustainable implementation of the long-term program given the remaining available balance in the tobacco prevention and control account. This plan shall be submitted to the appropriate committees of the legislature by September 1, 2000.
(10) $24,000 of the fiscal year 2000 general fund--state appropriation and $117,000 of the fiscal year 2001 general fund--state appropriation are provided solely to implement Second Substitute Senate Bill No. 6199 (patient bill of rights). If the bill is not enacted by June 30, 2000, the amounts provided in this subsection shall lapse.
Sec. 217. 2000 2nd sp.s. c 1 s 220 (uncodified) is amended to read as follows:
The appropriations to the department of corrections in chapter 309, Laws of 1999, as amended, shall be expended for the programs and in the amounts specified therein. However, after April 1, ((2000)) 2001, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year ((2000)) 2001 between the correctional operations and community supervision programs after approval by the director of financial management. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any deviations from appropriation levels.
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 26,064,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 28,022,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,962,000
Violence Reduction and Drug Enforcement
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
Cost of Supervision Fund Appropriation. . . . . . . . . . . . . . .$ 2,254,000
TOTAL APPROPRIATION. .. . . . . . . .$ 61,302,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $72,000 of the general fund--state appropriation for fiscal year 2000, $212,000 of the general fund--state appropriation for fiscal year 2001, $2,962,000 of the public safety and education account appropriation, $2,000,000 of the violence reduction drug enforcement account appropriation, and $2,254,000 of the cost of supervision fund appropriation are provided solely for replacement of the department's offender-based tracking system. These amounts are subject to section 902 of this act.
(b) $462,000 of the general fund--state appropriation for fiscal year 2000 and $538,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5421 (offender accountability). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(2) CORRECTIONAL OPERATIONS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 360,685,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((364,386,000))
371,428,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((35,577,000))
25,830,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,614,000))
2,684,000
Public Health Services Account Appropriation. . . . . . . . . .$ ((1,884,000))
1,117,000
Institutional Welfare Betterment Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,570,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((766,716,000))
764,314,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Not more than $3,000,000 may be expended to provide financial assistance to counties for monitoring and treatment services provided to felony offenders involved in drug court programs pursuant to sections 7 though 12 of Engrossed Second Substitute House Bill No. 1006 (drug offender sentencing). The secretary may negotiate terms, conditions, and amounts of assistance with counties or groups of counties operating drug courts, and may review charging and other documents to verify eligibility for payment. The secretary may contract with the division of alcohol and substance abuse, department of social and health services, for monitoring and treatment services provided pursuant to this subsection.
(b) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. If any funds are generated in excess of actual costs, they shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
(c) The department shall provide funding for the pet partnership program at the Washington corrections center for women at a level at least equal to that provided in the 1995-97 biennium.
(d) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(e) $583,000 of the general fund--state appropriation for fiscal year 2000 and $1,178,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to increase payment rates for contracted education providers and contracted work release facilities. It is the legislature's intent that these amounts be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(f) $151,000 of the general fund--state appropriation for fiscal year 2000 and $57,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5421 (offender accountability). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(g) $18,000 of the general fund--state appropriation for fiscal year 2000 and $334,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Senate Bill No. 5538 (sentencing) or section 3 of House Bill No. 1544 (sentencing corrections). If neither bill is enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(h) $171,000 of the general fund--state appropriation for fiscal year 2000 and $1,094,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1006 (drug offender sentencing). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(i) The department of corrections shall submit to the appropriate policy and fiscal committees of the senate and house of representatives, by December 15, 1999, a report on how the department plans to manage hepatitis C in the inmate population. In developing the plan, the department shall work with recognized experts in the field and shall take notice of the current national institutes of health hepatitis C guidelines and hepatitis C protocols observed in other correctional settings. Included in the plan shall be offender education about the disease, how and when offenders would be tested, how the disease would be managed if an inmate is determined to have hepatitis C, and an estimate of the number of inmates in the Washington prison system with hepatitis C. The proposed plan must also include recommendations to the legislature on ways to improve hepatitis C disease management and what level of funding would be necessary to appropriately test for and treat the disease.
(j) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following:
(A) Enter into a long-term ground lease or a long-term lease with purchase option for development of a Tacoma prerelease facility for approximately $360,000 per year. Prior to entering into any lease, the department of corrections shall obtain written confirmation from the city of Tacoma and Pierce county that the prerelease facility planned for the site meets all land use, environmental protection, and community notification requirements.
(B) Enter into a financing contract in the amount of $21,350,000 to acquire, construct, or remodel a 400-bed, expandable to 600-bed, Tacoma prerelease facility.
(C) Lease-develop with the option to purchase or lease-purchase approximately 100 work release beds in facilities throughout the state for $7,000,000.
(k) (($1,884,000)) $1,117,000 of the public health services account appropriation is provided solely for costs associated with the testing, treatment, and other activities related to managing hepatitis C in the inmate population.
(l) $117,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the implementation of Second Substitute Senate Bill No. 6255 (anhydrous ammonia). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(m) $2,570,000 of the institutional welfare betterment account appropriation is provided solely for deposit in the public health services account.
(n) During the 1999-01 biennium, when contracts are established or renewed for offender pay phone and other telephone services provided to inmates, the department shall select the contractor or contractors primarily based on the following factors: (i) The lowest rate charged to both the inmate and the person paying for the telephone call; and (ii) the lowest commission rates paid to the department, while providing reasonable compensation to cover the costs of the department to provide the telephone services to inmates and provide sufficient revenues for the activities funded from the institutional welfare betterment account as of January 1, 2000.
(3) COMMUNITY SUPERVISION
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 48,451,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((53,787,000))
53,311,000
Public Safety and Education
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ 9,861,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((112,099,000))
111,623,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(b) Amounts provided in this subsection are sufficient for the implementation of Engrossed Second Substitute Senate Bill No. 5421 (offender accountability).
(c) $109,000 of the general fund--state appropriation for fiscal year 2000 and $126,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of Substitute Senate Bill No. 5011 (dangerous mentally ill offenders). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(d) $219,000 of the general fund--state appropriation for fiscal year 2000 and $75,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the department of corrections to contract with the institute for public policy for responsibilities assigned in Engrossed Second Substitute Senate Bill No. 5421 (offender accountability act) and sections 7 through 12 of Engrossed Second Substitute House Bill No. 1006 (drug offender sentencing).
(4) CORRECTIONAL INDUSTRIES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 817,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((3,523,000))
150,000
Institutional Welfare Betterment Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,509,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((7,849,000))
4,476,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $100,000 of the general fund--state appropriation for fiscal year 2000 and $100,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for transfer to the jail industries board. The board shall use the amounts provided only for administrative expenses, equipment purchases, and technical assistance associated with advising cities and counties in developing, promoting, and implementing consistent, safe, and efficient offender work programs.
(b) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the correctional industries board of directors to hire one staff person, responsible directly to the board, to assist the board in fulfilling its duties.
(5) INTERAGENCY PAYMENTS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 12,898,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((11,983,000))
12,255,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((24,881,000))
25,153,000
Sec. 218. 1999 c 309 s 223 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 1,481,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 1,513,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((11,062,000))
11,612,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 80,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((14,136,000))
14,686,000
Sec. 219. 2000 2nd sp.s. c 1 s 222 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 1,263,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 1,259,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 209,498,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 29,135,000
Unemployment Compensation Administration Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((169,985,000))
177,799,000
Administrative Contingency Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,443,000
Employment Service Administrative Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 19,457,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((440,040,000))
447,854,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Expenditures of funds appropriated in this section for the information systems project to improve the agency's labor exchange system are conditioned upon compliance with section 902 of this act.
(2) $327,000 of the unemployment compensation administration account--federal appropriation is provided consistent with section 903(c)(2) of the federal social security act to address deficiencies in the tax and wage information system (TAXIS) and to improve the quality and timeliness of employer tax information and employee wage records.
(3) $2,567,000 of the employment service administrative account--state appropriation is provided solely for implementation of Substitute House Bill No. 3077 (unemployment insurance). If the bill is not enacted by June 30, 2000, the amounts provided in this subsection shall lapse
. PART III
NATURAL RESOURCES
Sec. 301. 2000 2nd sp.s. c 1 s 301 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 36,462,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 42,225,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 55,141,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 4,234,000
Special Grass Seed Burning Research Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000
Reclamation Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,735,000
Flood Control Assistance Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,989,000))
3,957,000
Public Safety and Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 749,000
State Emergency Water Projects Revolving Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 317,000
Waste Reduction/Recycling/Litter Control Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13,193,000
State Drought Preparedness Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((675,000))
350,000
Salmon Recovery Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,120,000
State and Local Improvements Revolving Account
(Water Supply Facilities)--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 557,000
Water Quality Account--State Appropriation. . . .. . . . . . . .$ 3,881,000
Wood Stove Education and Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 551,000
Worker and Community Right-to-Know Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,155,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((48,369,000))
48,608,000
State Toxics Control Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 377,000
Local Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,587,000
Water Quality Permit Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 21,763,000
Underground Storage Tank Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,475,000
Environmental Excellence Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,000
Biosolids Permit Account--State Appropriation. .. . . . . . . .$ 572,000
Hazardous Waste Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,943,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,576,000
Oil Spill Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,172,000
Air Operating Permit Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,549,000
Freshwater Aquatic Weeds Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,430,000
Oil Spill Response Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,078,000
Metals Mining Account--State Appropriation. . . . . . . . . . .$ 43,000
Water Pollution Control Revolving Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 439,000
Water Pollution Control Revolving Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,200,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((278,591,000))
278,473,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,432,000 of the general fund--state appropriation for fiscal year 2000, $3,438,000 of the general fund--state appropriation for fiscal year 2001, $394,000 of the general fund--federal appropriation, $2,070,000 of the oil spill administration account--state appropriation, $819,000 of the state toxics control account--state appropriation, and $3,686,000 of the water quality permit account--state appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-03, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.
(2) $170,000 of the oil spill administration account appropriation is provided solely for implementation of the Puget Sound work plan action item UW-02 through a contract with the University of Washington's sea grant program to develop an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
(3) $374,000 of the general fund--state appropriation for fiscal year 2000 and $283,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the department to digitize water rights documents and to provide this information to watershed planning groups.
(4) $1,566,000 of the general fund--federal appropriation, $1,033,000 of the general fund--private/local appropriation, and $919,000 of the water quality account appropriation are provided 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.
(5) $250,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for study of the impacts of gravel removal on the hydrology of Maury Island. The study shall consider impacts to the nearshore environment and aquifer recharge, and assess the potential for groundwater or marine sediment contamination. The department shall contract for the study, which shall be completed by June 30, 2000.
(6) $250,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for a study of the impacts of gravel deposit on the Highline aquifer. The study shall consider impacts to instream flow and sedimentation of Des Moines, Miller, and Walker creeks. The department shall contract for the study, which shall be completed by June 30, 2000.
(7) The entire freshwater aquatic weeds account appropriation shall be distributed according to the provisions of RCW 43.21A.660. Funding may be provided for chemical control of Eurasian watermilfoil.
(8) $15,000 of the general fund--state appropriation for fiscal year 2000 and $15,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to monitor and address, in coordination with the marine operations division of the department of transportation, odor problems in Fauntleroy Cove.
(9) $144,000 of the general fund--state appropriation for fiscal year 2000 and $133,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for water quality activities related to forest practices.
(10) $100,000 of the general fund--state appropriation for fiscal year 2000 is provided solely for the department to form an advisory committee for the purpose of updating the department's storm water management plan and the Puget Sound storm water management manual. The advisory committee shall be appointed no later than September 1, 1999, and it shall provide its recommendations on storm water management to the legislature by December 31, 2000.
(11) $383,000 of the general fund--state appropriation for fiscal year 2000 and $384,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for an agency permit assistance center, including four regional permit assistance offices.
(12) $438,000 of the general fund--state appropriation for fiscal year 2000, $1,025,000 of the general fund--state appropriation for fiscal year 2001, and $1,870,000 of the general fund--federal appropriation are provided solely for the establishment of total maximum daily loads for water bodies across the state, and for pilot projects to evaluate the ability of existing voluntary and regulatory programs to improve water quality in water quality limited segments listed pursuant to section 303(d) of the federal clean water act. In areas with a ground water management area, total maximum daily loads that include a ground water element will be done in cooperation with the ground water management area process. Pilot projects shall include the following allocations from the general fund--state amounts provided in this subsection: $100,000 shall be provided to a conservation district in the Palouse region; $100,000 shall be provided to the Lake Whatcom management committee through the city of Bellingham; and $250,000 shall be provided to the Roza-Sunnyside irrigation district joint board of control. Each pilot project sponsor shall provide a report to the legislature by January 1, 2001, describing the water quality goals of the project, how the goals relate to meeting state water quality standards, the strategies to accomplish those goals, and the method of evaluating project effectiveness. The pilot project sponsors shall also submit final reports to the legislature at project completion.
(13) $591,000 of the general fund--state appropriation for fiscal year 2000 and $1,131,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to process water rights applications.
(14) $414,000 of the general fund--state appropriation for fiscal year 2000 and $383,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for technical assistance and project review for water conservation and reuse projects.
(15) The entire salmon recovery account appropriation is provided to increase compliance with existing water quality and water resources laws.
(16) $4,250,000 of the general fund--state appropriation for fiscal year 2000 and $4,750,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for grants to local governments to conduct watershed planning. Of the general fund--state amounts provided in this subsection: (a) $500,000 is provided solely for a grant to the Methow river planning unit to develop baseline hydrological data for the Methow river; and (b) $85,000 is provided for the lower Yakima/Naches/upper Yakima planning unit contingent upon recommendations of the governor's fact finder that a dual watershed assessment process is necessary. If such a recommendation is not provided, this amount is available for the purposes of this subsection.
(17) $100,000 of the general fund--state appropriation for fiscal year 2000 and $82,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the department, in cooperation with the department of fish and wildlife, to establish fish and habitat index monitoring sites to measure the effectiveness of salmon recovery activities.
(18) $276,000 of the general fund--state appropriation for fiscal year 2000 and $207,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to implement Senate Bill No. 5424 (aquatic plant management). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(19) $500,000 of the general fund--state appropriation for fiscal year 2000 and $500,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the continuation of the southwest Washington coastal erosion study.
(20) $638,000 of the oil spill administration account appropriation is provided solely to implement Substitute House Bill No. 2247 (oil spill response tax). Of this amount: (a) $120,000 is provided solely for spill response equipment; (b) $307,000 is provided solely to develop an oil spill risk management plan; and (c) $211,000 is provided solely for spills information management improvements. If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(21) $145,000 of the general fund--state fiscal year 2000 appropriation and $145,000 of the general fund--state fiscal year 2001 appropriation are provided solely for training and technical assistance to support the activities of county water conservancy boards.
(22) $3,154,000 of the general fund--state appropriation for fiscal year 2000 and $6,649,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to maintain the state's air quality program. Within the funds provided in this subsection, the department shall maintain funding for local air pollution control authorities at no less than ninety percent of the level of grants provided prior to January 1, 2000.
(23) $749,000 of the public safety and education account appropriation for fiscal year 2001 is provided solely for methamphetamine lab clean up activities.
(24) $300,000 of the state drought preparedness account--state appropriation for fiscal year 2001 is provided solely for a preconstruction and feasibility analysis of the Roza irrigation district off-stream storage project at Washout canyon. Moneys may be expended from the amount provided in this subsection only to the extent that matching funds in cash and in-kind contributions are provided by the Roza irrigation district. If this match is not provided by the district, the amount provided in this subsection shall lapse.
(25) $1,500,000 of the state toxics control account appropriation is provided solely for cleanup actions related to the Everett smelter site in the city of Everett. The department shall seek recovery of the funds expended for this purpose from the liable parties by way of a settlement agreement or court action under the authority of chapter 70.105D RCW, the model toxics control act. Moneys collected as a result of a cost recovery action at the Everett smelter site shall be used first to reimburse the local toxics control account for the total amount of this appropriation. This appropriation is the result of a one-time loan from the local toxics control account and does not imply that the legislature will use this loan source or the state toxics control account for future cleanup of the Everett smelter site.
(26) (($375,000)) $50,000 of the state drought preparedness account--state appropriation is provided solely for an environmental impact statement of the Pine Hollow reservoir project to be conducted in conjunction with the local irrigation district.
(27) $150,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for creating the task force on water storage. The purpose of the task force is to examine the role of increased water storage in providing water supplies to meet the needs of fish, population growth, and economic development, and to enhance the protection of people's lives and their property and the protection of aquatic habitat through flood control facilities. For this purpose, increased storage may be in the form of surface storage including off-stream storage, underground storage, or the enlargement or enhancement of existing structures. The task force shall also examine means of providing funding for increased water storage.
The department of ecology shall provide staff support for the task force and the director of the department of ecology shall convene the first meeting of the task force not less than thirty days after the effective date of this section.
No member of the task force shall receive compensation, per diem, or reimbursement of expenses from the task force or the department of ecology for his or her activities as a member of the task force. However, each may receive such compensation, per diem, and/or reimbursement as is authorized by the entity he or she is employed by, is appointed from, or represents on the task force.
Following its examination, the task force shall report its recommendations to the appropriate committees of the legislature by December 31, 2000.
(28) Within the funds appropriated in this section, the department shall develop for review by the legislature a proposed long-term strategy to address persistent, bio-accumulative and toxic chemicals in the environment. The department shall submit its proposal to the appropriate legislative committees by December 30, 2000.
(29) $1,650,000 of the general fund--state appropriation for fiscal year 2001 is provided solely to the oil spill administration account to be used for a rescue tug. By December 1, 2000, the department shall report to the appropriate fiscal committees of the legislature on the activities of the dedicated rescue tug. The report shall include information on rescues, assists, or responses performed by the tug. The report shall also indicate the class of vessels involved and the nature of the rescue, assist, or response.
Sec. 302. 2000 2nd sp.s. c 1 s 302 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 27,522,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((28,227,000))
28,259,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 2,113,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ ((59,000))
167,000
Winter Recreation Program Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 763,000
Off Road Vehicle Account--State Appropriation.. . . . . . . .$ 264,000
Snowmobile Account--State Appropriation. . . . .. . . . . . . .$ 3,653,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 325,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 48,000
Water Trail Program Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000
Parks Renewal and Stewardship Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,907,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((88,895,000))
89,035,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $189,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound work plan agency action items P&RC-01 and P&RC-03.
(2) $65,000 of the general fund--state appropriation for fiscal year 2000 and $71,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the state parks and recreation commission to meet its responsibilities under the Native American graves protection and repatriation act (P.L. 101-601).
(3) $2,000,000 of the parks renewal and stewardship account appropriation is dependent upon the parks and recreation commission generating revenue to the account in excess of $26,000,000 for the biennium. These funds shall be used for deferred maintenance and visitor and ranger safety activities.
(4) $772,000 of the general fund--state appropriation for fiscal year 2000 and $849,000 of the general fund--state appropriation for fiscal year 2001 are provided 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.
(5) Fees approved by the state parks and recreation commission in 1998 for camping, group camping, extra vehicles, and the sno-park daily permit are authorized to exceed the fiscal growth factor under RCW 43.135.055.
(6) $79,000 of the general fund--state appropriation for fiscal year 2000 and $79,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for a grant for the operation of the Northwest avalanche center.
(7) The state parks and recreation commission may increase fees adopted prior to January 1, 2000, for implementation on or after July 1, 2000, in excess of the fiscal growth factor under RCW 43.135.055.
(8) $25,000 of the general fund--state appropriation for fiscal year 2000 and $75,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for a study on existing and future recreational needs and opportunities on the west slope of the Cascade foothills. The study shall include an inventory of existing land and facilities, an assessment of projected demand, and recommendations for regional coordination among public and private outdoor recreation providers to promote expanded recreation opportunities within the Cascade foothills. The study shall be submitted to the governor and the appropriate committees of the legislature by June 30, 2001.
Sec. 303. 2000 2nd sp.s. c 1 s 305 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 42,616,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((44,567,000))
45,212,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((37,380,000))
55,005,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ ((16,800,000))
23,850,000
Off Road Vehicle Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 490,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,992,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 586,000
Recreational Fisheries Enhancement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,596,000
Salmon Recovery Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,105,000
Warm Water Game Fish Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,499,000))
2,899,000
Eastern Washington Pheasant Enhancement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 851,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ ((41,133,000))
42,223,000
Wildlife Account--Federal Appropriation. . . . . . . . . . . . . .$ 38,040,000
Wildlife Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,072,000
Game Special Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,939,000
Game Special Wildlife Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,603,000
Game Special Wildlife Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 350,000
Environmental Excellence Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,000
Regional Fisheries Salmonid Recovery Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
Oil Spill Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 969,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((274,353,000))
301,163,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,252,000 of the general fund--state appropriation for fiscal year 2000 and $1,244,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the implementation of the Puget Sound work plan agency action items DFW-01, DFW-02, DFW-03, DFW-04, and DFW-05.
(2) $776,000 of the salmon recovery account appropriation is provided solely for the department's review of forest practices applications and related hydraulic permit applications.
(3) $1,500,000 of the salmon recovery account appropriation is provided solely for the department to update the salmon and steelhead stock inventory and, in cooperation with the department of ecology, to establish fish and habitat index monitoring sites to measure the effectiveness of salmon recovery activities.
(4) $232,000 of the general fund--state appropriation for fiscal year 2000 and $232,000 of the general fund--state appropriation for fiscal year 2001 are provided for the control of European green crab (Carcinus maenas). The department shall submit a report to the governor and the appropriate legislative committees by September 1, 2000, evaluating the effectiveness of various control strategies and providing recommendations on long-term control strategies. $248,000 of this amount is for implementation of Puget Sound work plan and agency action item DFW-23.
(5) $191,000 of the general fund--state appropriation for fiscal year 2000 and $191,000 of the general fund--state appropriation for fiscal year 2001 are provided for noxious weed control and survey activities on department lands. Of this amount, $48,000 is provided for the biological control of yellowstar thistle.
(6) All salmon habitat restoration and protection projects proposed for funding by regional fisheries enhancement groups shall be submitted by January 1st or July 1st of each year for review to the salmon recovery funding board.
(7) $2,340,000 of the salmon recovery account appropriation and $7,000,000 of the general fund--federal appropriation are provided solely to implement a license buy-back program for commercial fishing licenses.
(8) $511,000 of the general fund--state appropriation for fiscal year 2000 and $488,000 of the general fund--state appropriation for fiscal year 2001 are provided 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.
(9) Any indirect cost reimbursement received by the department from federal grants must be spent on agency administrative activities and cannot be redirected to direct program activities.
(10) $43,000 of the general fund--state appropriation for fiscal year 2000 and $42,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for staffing and operation of the Tennant Lake interpretive center.
(11) $32,000 of the general fund--state appropriation for fiscal year 2000 and $33,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.
(12) $100,000 of the general fund--state appropriation for fiscal year 2001 is provided solely to implement Senate Bill No. 5508 (crab catch record cards). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(13) $6,440,000 of the general fund--state appropriation for fiscal year 2000, $5,796,000 of the general fund--state appropriation for fiscal year 2001, $12,260,000 of the wildlife account--state appropriation, $710,000 of the aquatic lands enhancement account appropriation, and $500,000 of the public safety and education account appropriation are provided solely for operation of the enforcement division. Within these funds, the department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within these funds, the department shall provide support to the department of health to enforce state shellfish harvest laws.
(14) $500,000 of the salmon recovery account, $624,000 of the general fund--state appropriation for fiscal year 2000, and $624,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the department to implement a hatchery endangered species act response. The strategy shall include emergency hatchery responses and retrofitting of hatcheries for salmon recovery.
(15) $45,000 of the general fund--state appropriation for fiscal year 2000 and $46,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for operation of the Rod Meseberg (ringold) warm water fish hatchery 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.
(16) $2,500,000 of the salmon recovery account appropriation is provided solely for grants to lead entities established in accordance with RCW 75.46.060.
(17) $200,000 of the salmon recovery account appropriation is provided solely for salmon and steelhead predation control and bycatch monitoring strategies.
(18) $50,000 of the general fund--state appropriation for fiscal year 2000, $50,000 of the general fund--state appropriation for fiscal year 2001, and $200,000 of the wildlife account--state appropriation are provided solely for field surveys and harvest management for Washington elk herds.
(19) $155,000 of the general fund--state appropriation for fiscal year 2000 and $345,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to purchase and implement the automated recreational license data base system.
(20) $1,400,000 of the general fund--state appropriation for fiscal year 2000 and $1,400,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for fish passage barrier and screening technical assistance, engineering services, and construction assistance for local governments, state agencies, volunteer groups, and regional fisheries enhancement groups.
(21) $1,500,000 of the salmon recovery account appropriation is provided solely for local salmon recovery technical assistance. Technical assistance shall be coordinated among all state agencies including the conservation commission, department of fish and wildlife, department of ecology, department of health, department of agriculture, department of transportation, state parks and recreation, interagency committee for outdoor recreation, governor's salmon recovery office, Puget Sound water quality action team, department of community, trade, and economic development, and department of natural resources.
(22) $400,000 of the wildlife account appropriation is provided solely to implement House Bill No. 1681 (trout purchase by state). The fish and wildlife commission may authorize expenditure of these funds only if the costs of the program will be recovered by the increase in license sales directly attributable to the planting of privately grown trout. If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(23) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects.
(24) $245,000 of the state wildlife account appropriation is provided solely for winter feeding of deer and winter range rehabilitation on the Chiliwist wildlife area.
(25) Within the appropriation from the wildlife account the department shall, at a minimum, operate Reiter Pond at fiscal year 2000 production levels.
(26) Within the appropriations in this section the department shall, at a minimum, operate the Colville hatchery at fiscal year 2000 production levels.
(27) $384,000 of the general fund--private/local appropriation is provided solely to implement Senate Bill No. 6277 (authorizing cost reimbursement agreements). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(28) $400,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the implementation of the Puget Sound work plan agency action items DFW-10 and DFW-18, implementing a comprehensive Puget Sound ground fish and forage fish recovery plan.
(29) $203,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for data collection and analysis related to Lake Washington sockeye.
(30) $800,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for additional enforcement staff to respond and take appropriate action in response to public complaints regarding bear and cougar.
(31) $500,000 of the general fund--state appropriation for fiscal year 2001 and $200,000 of the wildlife account--state appropriation are provided solely to implement an endangered species act strategy for state hatchery operations, including fish passage improvements, screen compliance, rearing strategies, and restoration of production.
(32) $789,000 of the salmon recovery account appropriation is provided solely for screening of irrigation diversions and projects to improve instream flows in the Methow river basin.
(33) $645,000 of the general fund--state appropriation is provided solely for fire suppression costs during the 2000 fire season and to feed elk and deer.
Sec. 304. 2000 2nd sp.s. c 1 s 306 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 25,784,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((28,576,000))
33,674,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((2,865,000))
6,511,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 1,604,000
Forest Development Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((48,086,000))
48,056,000
Off Road Vehicle Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,668,000
Surveys and Maps Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,221,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,656,000
Resources Management Cost Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((79,097,000))
79,032,000
Surface Mining Reclamation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,435,000
Disaster Response Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,651,000
Salmon Recovery Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,483,000
Aquatic Land Dredged Material Disposal Site
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ 1,014,000
Natural Resource Conservation Areas Stewardship
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 1,100,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 687,000
Metals Mining Account--State Appropriation. . . . . . . . . . .$ 63,000
Agricultural College Trust Management Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,736,000))
1,913,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((206,426,000))
215,552,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $18,000 of the general fund--state appropriation for fiscal year 2000, $18,000 of the general fund--state appropriation for fiscal year 2001, and $1,058,000 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DNR-01, DNR-02, and DNR-04.
(2) $7,304,000 of the general fund--state appropriation for fiscal year 2000, $7,304,000 of the general fund--state appropriation for fiscal year 2001, and $2,651,000 of the disaster response account--state appropriation are provided solely for emergency fire suppression.
(3) $331,000 of the general fund--state appropriation for fiscal year 2000 and $339,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for geologic studies to evaluate ground stability in high growth areas and to provide geologic expertise to small communities.
(4) $663,000 of the general fund--state appropriation for fiscal year 2000 and $689,000 of the general fund--state appropriation for fiscal year 2001 are provided 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.
(5) $3,483,000 of the salmon recovery account appropriation and $3,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for implementation of chapter 4, Laws of 1999 sp. sess.
(a) Of the salmon recovery account appropriation in this subsection:
(i) $2,580,000 is provided solely for costs associated with adopting and implementing new forest rules for protection of riparian habitat and water quality; road maintenance and abandonment planning; fish and water quality compliance staff; geographic information systems improvements for forest roads and hydrography; and updating the forest practices permit application system; and
(ii) $903,000 is provided solely to implement sections 501 through 505 of chapter 4, Laws of 1999 sp. sess., including:
(A) The establishment of a small landowner office;
(B) Administration of the forestry riparian easement program;
(C) Contracting with private consultants to perform timber cruises;
(D) Development of small landowner options through alternate management plans;
(E) Evaluation of cumulative impacts of alternate plans;
(F) Establishment of a small landowners advisory committee;
(G) Development of criteria for determining compensation for qualifying timber; and
(H) Collection and reporting of the statistical information on small landowners as directed in section 503 of chapter 4, Laws of 1999 sp. sess.
(b) Of the general fund--state appropriation in this subsection:
(i) $2,128,000 is provided solely for cooperative monitoring, evaluation, and research projects; hazard zonation; adopting and implementing new forest rules to protect riparian habitat and water quality; and geographic information systems improvements for forest roads and hydrography; and
(ii) $872,000 is provided solely for the department to implement sections 501 through 505 of chapter 4, laws of 1999 sp. sess., including providing technical assistance for small forest landowners for the following:
(A) Determining streamside buffers;
(B) Preparation of road management plans;
(C) Participation in watershed analysis and adaptive management;
(D) Determining culvert replacement needs; and
(E) Developing alternative plans to comply with forest and fish rules.
(6) $44,000 of the resource management cost account appropriation is provided solely for maintenance and safety improvements at the Gull Harbor marine station. The department shall develop a plan for use or disposal of the marine station by December 1, 1999.
(7) $582,000 of the resource management cost account appropriation is provided solely to expand geoduck resource management activities.
(8) $172,000 of the resource management cost account appropriation is provided solely to convert aquatic land maps and records to an electronic format.
(9) $100,000 of the general fund--state appropriation for fiscal year 2000, $100,000 of the general fund--state appropriation for fiscal year 2001, and $400,000 of the aquatic lands enhancement account appropriation are provided solely for spartina control. Within these amounts, the department shall continue support for a field study of biological control methods.
(10) $2,000,000 of the general fund--state appropriation for fiscal year 2000 and $2,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for fire protection activities.
(11) $450,000 of the resource management cost account appropriation is provided solely for the control and eradication of class B designate weeds on state lands.
(12) $1,100,000 of the natural resources conservation areas stewardship account is provided solely to the department for planning, management, and stewardship of natural area preserves and natural resources conservation areas.
(13) $384,000 of the general fund--private/local appropriation is provided solely to implement Senate Bill No. 6277 (authorizing cost reimbursement agreements). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(((15))) (14) $2,000,000 of the forest development account appropriation is provided solely for immediate road decommissioning, maintenance, and repair in the Lake Whatcom watershed.
(((16))) (15) The department shall submit a report of the uses of the access road revolving fund to the legislature and the office of financial management no later than December 1, 2000. The report shall include the following:
(a) Distribution of funds from fiscal year 1996 through fiscal year 2000;
(b) Types of activities funded;
(c) Method for prioritizing road projects, state-wide and by region; and
(d) Proposed plan for road maintenance and repair in the 2001-2003 biennium.
(16) $5,143,000 of the general fund--state appropriation and $3,646,000 of the general fund--federal appropriation are provided solely for the costs of fighting wildfires on state and federal lands during the 2000 fire season.
PART IV
TRANSPORTATION
Sec. 401. 2000 2nd sp.s. c 1 s 401 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 5,630,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((4,871,000))
5,023,000
Architects' License Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((678,000))
668,000
Cemetery Account--State Appropriation. . . . . . . . . . . . . . .$ 205,000
Profession Engineers' Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,703,000
Real Estate Commission--State Appropriation. . .. . . . . . . .$ ((6,824,000))
6,784,000
Master License Account--State Appropriation. . .. . . . . . . .$ 7,317,000
Uniform Commercial Code Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,448,000
Real Estate Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 630,000
Funeral Directors and Embalmers Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 472,000
Washington Real Estate Research Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 313,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((33,091,000))
33,193,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $150,000 of the general fund--state appropriation for fiscal year 2000, $25,000 of the general fund--state appropriation for fiscal year 2001, and $100,000 of the professional engineers' account appropriation are provided solely for Second Substitute Senate Bill No. 5821 (on-site wastewater treatment). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.
(2) $313,000 of the Washington real estate research account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5720 (real estate research). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
Sec. 402. 2000 2nd sp.s. c 1 s 402 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 21,496,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((20,826,000))
20,939,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 3,999,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 344,000
Death Investigations Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,689,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,611,000
County Criminal Justice Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,887,000
Municipal Criminal Justice Assistance Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,118,000
Fire Service Trust Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 125,000
Disaster Response Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,386,000
Fire Service Training Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,730,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 442,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 260,000
Fingerprint Identification Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,958,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((75,871,000))
75,984,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $255,000 of the general fund--state appropriation for fiscal year 2000 and $95,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for replacement of fire training equipment at the fire service training academy.
(2) $604,000 of the public safety and education account appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5108 (missing/exploited children). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(3) $2,816,000 of the death investigation account appropriation is provided solely for the implementation of Substitute House Bill No. 1560 (forensic lab services). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse.
(4) $2,900,000 of the fire service training account appropriation is provided solely for the implementation of Second Substitute Senate Bill No. 5102 (fire fighter training). If the bill is not enacted by June 30, 1999, the amount provided in this subsection shall lapse. In providing the fire fighter one training program required by the bill, the state patrol shall, to the extent possible, utilize existing public and private fire fighting training facilities in southeastern Washington.
(5) $354,000 of the public safety and education account appropriation is provided solely for additional law enforcement and security coverage on the west capitol campus.
(6) $66,000 of the general fund--state appropriation for fiscal year 2000 and $58,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for activities of the missing children's clearinghouse as related to services performed under subsection 202(1) of this act. If that subsection is not enacted, the amount provided in this subsection shall lapse.
(7) When a program within the agency is supported by more than one fund and one of the funds is the state general fund, the agency shall charge its expenditures in such a manner as to ensure that each fund is charged in proportion to its support of the program. The agency may adopt guidelines for the implementation of this subsection. The guidelines may account for federal matching requirements, budget provisos, or other requirements to spend other moneys in a particular manner.
(8) $300,000 of the death investigations account--state appropriation is provided solely for the operation of the state toxicology laboratory. If House Bill No. 2330 (liquor disbursements) is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(9) $1,386,000 of the disaster response account--state appropriation is provided solely for costs associated with the state patrol's participation in support of the world trade organization conference.
(10) $125,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 2420 (oil/gas pipeline safety). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
PART V
EDUCATION
Sec. 501. 2000 2nd sp.s. c 1 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 34,844,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 42,315,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((83,099,000))
93,143,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((160,258,000))
170,302,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $404,000 of the general fund--state appropriation for fiscal year 2000 and $403,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(b) $348,000 of the general fund--state appropriation is provided for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(c) $128,000 of the general fund--state appropriation is provided solely for increased costs of providing a norm-referenced test to all third grade students and retests of certain third grade students and other costs in accordance with chapter 319, Laws of 1998 (student achievement).
(d) $145,000 of the general fund--state appropriation is provided for an institutional education program director.
(2) STATE-WIDE PROGRAMS
(a) $2,524,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific Science Center. Of this amount, $350,000 is provided to add a math van.
(b) $63,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(c) $2,754,000 of the general fund--state appropriation is provided for educational centers, including state support activities. $100,000 of this amount is provided to help stabilize funding through distribution among existing education centers that are currently funded by the state at an amount less than $100,000 a biennium.
(d) $100,000 of the general fund--state appropriation is provided for an organization in southwest Washington that received funding from the Spokane educational center in the 1995-97 biennium and provides educational services to students who have dropped out of school.
(e) $5,923,000 of the general fund--state appropriation is provided solely for matching grants to enhance security in schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors in schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(f) $5,649,000 of the general fund--state appropriation for FY 2001 is provided for school safety allocations to school districts. The amount provided in this subsection (2)(f) is subject to the following conditions and limitations:
(i) School districts may use funds allocated under this subsection (2)(f) for school safety purposes for the 2000-01 school year, including but not limited to the following: Planning; training; equipment; before, during, and after-school safety; and minor building renovations.
(ii) Allocations to school districts shall be made beginning on July 1, 2000, at a maximum rate of $10.00 multiplied by the full-time equivalent enrollment of the district. A district's allocation shall be reduced by any amount awarded to that district for security and safety grants under section 501 (2)(e) of this act and under sections 1 (2) and 2 of chapter 12, Laws of 1999 sp. sess. For purposes of this subsection "full-time equivalent enrollment" means the average K-12 full-time equivalent enrollment from September 1, 1999, to May 31, 2000, or 150 full-time equivalent students, whichever is greater.
(g) $200,000 of the general fund--state appropriation for fiscal year 2000, $200,000 of the general fund--state appropriation for fiscal year 2001, and $400,000 of the general fund--federal appropriation transferred from the department of health are provided solely for a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to one-half of the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising, broadcasting, and graphics or video production or other related fields.
(h) $1,500,000 of the general fund--state appropriation for fiscal year 2000 and $1,500,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for school district petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. Allocation of this money to school districts shall be based on the number of petitions filed.
(i) A maximum of $300,000 of the general fund--state appropriation is provided for alcohol and drug prevention programs pursuant to RCW 66.08.180.
(j) $5,702,000 of the general fund--state appropriation is provided solely for shared infrastructure costs, data equipment maintenance, and depreciation costs for operation of the K-20 telecommunications network.
(k) $4,000,000 of the general fund--state appropriation is provided solely for a K-20 telecommunications network technical support system in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network. A maximum of $650,000 may be expended for state-level administration and staff training on the K-20 network.
(l) $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 allocation to the primary coordinators of the state geographic alliance to improve the teaching of geography in schools.
(m) $2,000,000 of the general fund--state 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:
(i) Students who are disruptive or have been suspended, expelled, or subject to other disciplinary actions;
(ii) Students with unexcused absences who need intervention;
(iii) Students who have left school; and
(iv) Students involved with the court system.
(n) $1,600,000 of the general fund--state appropriation is provided for grants for magnet schools.
(o) $4,300,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to amounts shown in LEAP Document 30C as developed on April 27, 1997, at 03:00 hours.
(p) $431,000 of the general fund--state appropriation is provided solely to implement Engrossed House Bill No. 2760 (educator quality). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(q) $500,000 of the general fund--state appropriation for fiscal year 2000 and $500,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for grants to schools and school districts to establish school safety plans.
(r) $5,242,000 of the general fund--state is provided solely for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.
(s) $50,000 of the general fund--state appropriation is provided as matching funds for district contributions to provide analysis of the efficiency of school district business practices.
(t) $750,000 of the general fund--state appropriation is provided solely for computer system programming and upgrades to benefit the office of the superintendent of public instruction, schools, and school districts.
(u) $21,000 of the general fund--state appropriation for fiscal year 2000 appropriation and $21,000 of the general fund--state appropriation for fiscal year 2001 appropriation are provided solely for the increased costs resulting from Engrossed Second Substitute House Bill No. 1477 (school district organization). If the bill is not enacted by June 30, 1999, the amounts in this subsection shall lapse.
(v) $1,500,000 of the general fund--state appropriation is provided solely for the excellence in mathematics training program as specified in Substitute House Bill No. 1569 (excellence in mathematics). If the bill is not enacted by June 30, 1999, the amount in this subsection shall lapse.
(w) $2,000,000 of the general fund--state appropriation is provided solely for teacher institutes during the summer of 2000, programs, and administration costs, as provided for in Engrossed Second Substitute House Bill No. 2085 (disruptive students). If the bill is not enacted by June 30, 1999, the amount in this subsection shall lapse.
(x) $200,000 of the general fund--state appropriation is provided solely for support for vocational student leadership organizations.
(y) $1,100,000 of the general fund--state appropriation is provided for an equal matching grant to the Northeast vocational area cooperative to establish high-technology learning centers to provide college-level technology curriculum for high school students leading to an information technology certificate or degree. Only the following sources may be used as matching for the state funds: Private sector contributions; operating levy revenues; capital levy revenues; technology levy revenues; or other local funds not from federal or state sources.
(z) $75,000 of the general fund--state appropriation is provided for speech pathology grants to charitable organizations as qualified under the internal revenue code and incorporated under the laws of the state of Washington. These grants shall be used for the purpose of providing childhood speech pathology by nationally certified speech pathologists to children who have demonstrated a lack of verbal communication skills and who would benefit from such a program. Speech pathology services shall be provided at no cost to the child receiving the benefits or to the parents or guardians of the child.
(aa) $500,000 of the general fund--state appropriation is provided solely for competitive grants to school districts to obtain curriculum or programs that allow high school students to have access to internet-based curriculum that leads directly to higher education credits or provides preparation for tests that lead to higher education credit in subjects including but not limited to mathematics, languages, and science.
(bb) $1,000,000 of the general fund--state appropriation for fiscal year 2000 and $1,800,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for grants to school districts for programs to prepare high school students to achieve information technology industry skills certifications. The funds may be expended to provide or improve internet access; purchase and install networking or computer equipment; train faculty; or acquire curriculum materials. A match of cash or in-kind contributions from nonstate sources equal to at least half of the cash amount of the grant is required. To assure continuity of the curriculum with higher education institutions, the grant program will be designed and implemented by an interagency team comprised of representatives from the office of the superintendent of public instruction, the state board for community and technical colleges, the higher education coordinating board, and the office of financial management. School districts may apply for grants in cooperation with other school districts or community or technical colleges and must demonstrate in the grant application a cooperative relationship with a community or technical college in information technology programs. Preference for grants shall be made to districts with sound technology plans, which offer student access to computers outside of school hours, which demonstrate involvement of the private sector in information technology programs, and which serve the needs of low-income communities.
(cc) $150,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the Washington civil liberties education program pursuant to Engrossed Second Substitute House Bill No. 1572 (civil liberties education). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(dd) $150,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for the World War II oral history project pursuant to Substitute House Bill No. 2418 (WWII oral history project). If the bill is not enacted by June 30, 2000, the amount provided in this subsection shall lapse.
(ee) $431,000 of the general fund--state appropriation is provided solely for the purchase of filtering servers necessary for districts to implement a computer technology filtering system for schools. Priority shall be given to districts that do not have any filtering systems in place. Funding shall be provided only at the request of that district's school board.
(ff) $297,000 of the general fund--state appropriation is provided solely for training in oral medications administration. If Substitute Senate Bill No. 6328 (oral medications training) is enacted, the funds are provided to implement the provisions of the bill. If the bill is not enacted by June 30, 2000, the superintendent shall provide training in administration of oral medications using the model program developed by the office of the superintendent of public instruction.
Sec. 502. 2000 2nd sp.s. c 1 s 502 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 3,507,296,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((3,480,701,000))
3,489,806,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((6,987,997,000))
6,997,102,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Allocations for certificated staff salaries for the 1999-00 and 2000-01 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
(a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
(i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
(ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3;
(iii) An additional 4.2 certificated instructional staff units for grades K-3 and an additional 7.2 certificated instructional staff units for grade 4. Any funds allocated for these additional certificated units shall not be considered as basic education funding;
(A) Funds provided under this subsection (2)(a)(iii) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio equal to or greater than 53.2 certificated instructional staff per thousand full-time equivalent students in grades K-4. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-4 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;
(B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-4 may dedicate up to 1.3 of the 53.2 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-4. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;
(C) Any district maintaining a ratio equal to or greater than 53.2 certificated instructional staff per thousand full-time equivalent students in grades K-4 may use allocations generated under this subsection (2)(a)(iii) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 5-6. Funds allocated under this subsection (2)(a)(iii) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants; and
(iv) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12;
(b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month;
(c)(i) On the basis of full-time equivalent enrollment in:
(A) Vocational education programs approved by the superintendent of public instruction, a maximum of 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 19.5 full-time equivalent vocational students for the 1999-00 school year and the 2000-01 school year. Districts documenting staffing ratios of less than 1 certificated staff per 19.5 students shall be allocated the greater of the total ratio in subsections (2)(a)(i) and (iv) of this section or the actual documented ratio; and
(B) Skills center programs meeting the standards for skill center funding recommended by the superintendent of public instruction, January 1999, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students;
(ii) Indirect cost charges, as defined by the superintendent of public instruction, to vocational-secondary programs shall not exceed 10 percent; and
(iii) Vocational full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported vocational enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support.
(d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:
(i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
(ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;
(e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:
(i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
(ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;
(f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:
(i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
(ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.
Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students.
(g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit; and
(h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.
(3) Allocations for classified salaries for the 1999-00 and 2000-01 school years shall be calculated using formula-generated classified staff units determined as follows:
(a) For enrollments generating certificated staff unit allocations under subsection (2)(d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections;
(b) For all other enrollment in grades K-12, including vocational full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and
(c) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.
(4) Fringe benefit allocations shall be calculated at a rate of 16.49 percent in the 1999-00 school year and 15.62 percent in the 2000-01 school year for certificated salary allocations provided under subsection (2) of this section, and a rate of 15.56 percent in the 1999-00 school year and 15.82 percent in the 2000-01 school year for classified salary allocations provided under subsection (3) of this section.
(5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows:
(a) The number of certificated staff units determined in subsection (2) of this section; and
(b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent.
(6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(a), (b), and (d) through (h) of this section, there shall be provided a maximum of $8,117 per certificated staff unit in the 1999-00 school year and a maximum of $8,239 per certificated staff unit in the 2000-01 school year.
(b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(A) of this section, there shall be provided a maximum of $19,933 per certificated staff unit in the 1999-00 school year and a maximum of $20,232 per certificated staff unit in the 2000-01 school year.
(c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(B) of this section, there shall be provided a maximum of $15,467 per certificated staff unit in the 1999-00 school year and a maximum of $15,699 per certificated staff unit in the 2000-01 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $365.28 for the 1999-00 school year and $479.94 for the 2000-01 school year per allocated classroom teachers exclusive of salary increase amounts provided in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported state-wide for the 1998-99 school year.
(8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(9) The superintendent may distribute a maximum of (($10,598,000)) $10,423,000 outside the basic education formula during fiscal years 2000 and 2001 as follows:
(a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $457,000 may be expended in fiscal year 2000 and a maximum of $464,000 may be expended in fiscal year 2001;
(b) For summer vocational programs at skills centers, a maximum of $2,098,000 may be expended each fiscal year;
(c) A maximum of $585,000 may be expended for school district emergencies provided that up to $260,000 shall be for the Toutle Lake school district emergency;
(d) A maximum of $500,000 per fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs; and
(e) A maximum of $3,117,000 of the general fund--state appropriation for fiscal year 2000 and (($779,000)) $604,000 of the general fund--state appropriation for fiscal year 2001 are provided for the 1999-00 school year for districts which experience an enrollment decline in the 1999-00 school year from the 1998-99 school year of more than 4.5 percent in full-time equivalent enrollment or more than 300 full-time equivalent students. The superintendent shall allocate funds to eligible school districts for up to one-half of the enrollment loss at the basic education unenhanced rate for the district. School districts receiving small school factor bonus funds shall not be eligible for enrollment decline funds to the extent that the district has no state apportionment loss as a result of the enrollment decline.
(10) For purposes of RCW 84.52.0531, the increase per full-time equivalent student in state basic education appropriations provided under chapter 309, Laws of 1999, including appropriations for salary and benefits increases, is 4.0 percent from the 1998-99 school to the 1999-00 school year, and 3.0 percent from the 1999-00 school year to the 2000-01 school year. This subsection supersedes section 1, chapter 10, Laws of 1999 sp. sess.
(11) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2)(b) through (h) of this section, the following shall apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2)(a) through (h) of this section shall be reduced in increments of twenty percent per year.
Sec. 503. 2000 2nd sp.s. c 1 s 504 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 186,314,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((344,013,000))
345,596,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((530,327,000))
531,910,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($406,511,000)) $407,693,000 is provided for a cost of living adjustment of 3.0 percent effective September 1, 1999, and another 3.0 percent effective September 1, 2000, for state formula staff units. The appropriations include associated incremental fringe benefit allocations at rates of 15.85 percent for school year 1999-00 and 14.98 percent for school year 2000-01 for certificated staff and 12.06 percent for school year 1999-00 and 12.32 percent for school year 2000-01 for classified staff. The appropriation also includes 1.67 percent effective September 1, 1999, for three learning improvement days pursuant to section 503(7) of this act and the salary allocation schedule adjustments for beginning and senior certificated instructional staff.
(a) The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in part V of this act. Salary adjustments for state employees in the office of superintendent of public instruction and the education reform program are provided in part VII of this act. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in section 502 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in section 502 of this act.
(b) The appropriations in this section provide cost-of-living, learning improvement days for certificated instructional staff, and incremental fringe benefit allocations based on formula adjustments as follows:
(i) For pupil transportation, an increase of $0.60 per weighted pupil-mile for the 1999-00 school year and $1.23 per weighted pupil-mile for the 2000-01 school year;
(ii) For education of highly capable students, an increase of $14.04 per formula student for the 1999-00 school year and $21.09 per formula student for the 2000-01 school year; and
(iii) For transitional bilingual education, an increase of $36.19 per eligible bilingual student for the 1999-00 school year and $54.51 per eligible student for the 2000-01 school year; and
(iv) For learning assistance, an increase of $13.97 per entitlement unit for the 1999-00 school year and $23.04 per entitlement unit for the 2000-01 school year.
(c) The appropriations in this section include $417,000 for fiscal year 2000 and (($1,214,000)) $1,227,000 for fiscal year 2001 for salary increase adjustments for substitute teachers.
(2) (($123,816,000)) $124,217,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $335.75 per month for the 1999-00 and 2000-01 school years. The appropriations in this section provide for a rate increase to $388.02 per month for the 1999-00 school year and $425.89 per month for the 2000-01 school year at the following rates:
(a) For pupil transportation, an increase of $0.48 per weighted pupil-mile for the 1999-00 school year and $0.82 for the 2000-01 school year;
(b) For education of highly capable students, an increase of $3.32 per formula student for the 1999-00 school year and $5.72 for the 2000-01 school year;
(c) For transitional bilingual education, an increase of $8.46 per eligible bilingual student for the 1999-00 school year and $14.59 for the 2000-01 school year; and
(d) For learning assistance, an increase of $6.65 per funded unit for the 1999-00 school year and $11.47 for the 2000-01 school year.
(3) The rates specified in this section are subject to revision each year by the legislature.
Sec. 504. 2000 2nd sp.s. c 1 s 505 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 181,204,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((181,061,000))
183,660,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((362,265,000))
364,864,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) A maximum of $1,473,000 may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.
(3) $10,000 of the fiscal year 2000 appropriation and $10,000 of the fiscal year 2001 appropriation are provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons.
(4) Allocations for transportation of students shall be based on reimbursement rates of $34.96 per weighted mile in the 1999-00 school year and $35.17 per weighted mile in the 2000-01 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction multiplied by the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school multiplied by the per mile reimbursement rate for the school year multiplied by 1.29.
Sec. 505. 2000 2nd sp.s. c 1 s 507 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 387,011,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((385,482,000))
391,076,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ ((171,667,000))
176,111,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((944,160,000))
954,198,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure, to the greatest extent possible, that special education students receive their appropriate share of the general apportionment allocation accruing through sections 502 and 504 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education allocation funded in this section.
(2) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(3) The superintendent of public instruction shall distribute state funds to school districts based on two categories: The optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program.
(4) For the 1999-00 and 2000-01 school years, the superintendent shall distribute state funds to each district based on the sum of:
(a) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, multiplied by the district's average basic education allocation per full-time equivalent student, multiplied by 1.15; and
(b) A district's annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent determined pursuant to subsection (5)(c) of this section, multiplied by the district's average basic education allocation per full-time equivalent student multiplied by 0.9309.
(5) The definitions in this subsection apply throughout this section.
(a) "Average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 and shall not include enhancements, secondary vocational education, or small schools.
(b) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).
(c) "Enrollment percent" means the district's resident special education annual average enrollment including those students counted under the special education demonstration projects, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment. For the 1999-00 and the 2000-01 school years, each district's funded enrollment percent shall be the lesser of the district's actual enrollment percent for the school year for which the allocation is being determined or 12.7 percent.
(6) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be 12.7, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
(7) A maximum of $12,000,000 of the general fund--state appropriation for fiscal year 2000 and a maximum of $12,000,000 of the general fund--state appropriation for fiscal year 2001 are provided as safety net funding for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (4) of this section. Safety net funding shall be awarded by the state safety net oversight committee.
(a) The safety net oversight committee shall first consider the needs of districts adversely affected by the 1995 change in the special education funding formula. Awards shall be based on the amount required to maintain the 1994-95 state special education excess cost allocation to the school district in aggregate or on a dollar per funded student basis.
(b) The committee shall then consider unusual needs of districts due to a special education population which differs significantly from the assumptions of the state funding formula. Awards shall be made to districts that convincingly demonstrate need due to the concentration and/or severity of disabilities in the district. Differences in program costs attributable to district philosophy or service delivery style are not a basis for safety net awards.
(c) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
(d) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with Substitute Senate Bill No. 5626 (medicaid payments to schools).
(e) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
(f) The superintendent may expend up to $100,000 per year of the amounts provided in this subsection to provide staff assistance to the committee in analyzing applications for safety net funds received by the committee.
(8) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.
(9) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
(a) Staff of the office of superintendent of public instruction;
(b) Staff of the office of the state auditor;
(c) Staff of the office of the financial management; and
(d) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.
(10) To the extent necessary, $5,500,000 of the general fund--federal appropriation shall be expended for safety net funding to meet the extraordinary needs of one or more individual special education students. If safety net awards to meet the extraordinary needs of one or more individual special education students exceed $5,500,000 of the general fund--federal appropriation, the superintendent shall expend all available federal discretionary funds necessary to meet this need. General fund--state funds shall not be expended for this purpose.
(11) A maximum of $678,000 may be expended from the general fund--state appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program.
(12) A maximum of $1,000,000 of the general fund--federal appropriation is provided for projects to provide special education students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.
(13) A school district may carry over from one year to the next year up to 10 percent of general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program.
(14) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent. In addition to other purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues.
(15) A maximum of $1,200,000 of the general fund--federal appropriation may be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services. The superintendent shall prepare an information database on laws, best practices, examples of programs, and recommended resources. The information may be disseminated in a variety of ways, including workshops and other staff development activities.
Sec. 506. 2000 2nd sp.s. c 1 s 508 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRAFFIC SAFETY EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 7,738,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((7,771,000))
7,276,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((15,509,000))
15,014,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations include such funds as are necessary to complete the school year ending in each fiscal year and for prior fiscal year adjustments.
(2) A maximum of $507,000 may be expended for regional traffic safety education coordinators.
(3) The maximum basic state allocation per student completing the program shall be $137.16 in the 1999-00 and 2000-01 school years.
(4) Additional allocations to provide tuition assistance for students from low-income families who complete the program shall be a maximum of $66.81 per eligible student in the 1999-00 and 2000-01 school years.
Sec. 507. 2000 2nd sp.s. c 1 s 510 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 102,563,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((122,114,000))
124,107,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((224,677,000))
226,670,000
Sec. 508. 2000 2nd sp.s. c 1 s 511 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 19,296,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((19,469,000))
18,249,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 8,548,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((47,313,000))
46,093,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.
(4) The funded staffing ratios for education programs for juveniles age 18 or less in department of corrections facilities shall be the same as those provided in the 1997-99 biennium.
(5) $92,000 of the general fund--state appropriation for fiscal year 2000 and (($143,000)) $139,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to maintain at least one certificated instructional staff and related support services at an institution whenever the K-12 enrollment is not sufficient to support one full-time equivalent certificated instructional staff to furnish the educational program. The following types of institutions are included: Residential programs under the department of social and health services for developmentally disabled juveniles, programs for juveniles under the department of corrections, and programs for juveniles under the juvenile rehabilitation administration.
(6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.
Sec. 509. 2000 2nd sp.s. c 1 s 512 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 6,164,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((6,105,000))
6,090,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((12,269,000))
12,254,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of $312.19 per funded student for the 1999-00 school year and (($310.43)) $310.40 per funded student for the 2000-01 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment.
(3) $350,000 of the appropriation is for the centrum program at Fort Worden state park.
(4) $186,000 of the appropriation is for the Washington imagination network and future problem-solving programs.
Sec. 510. 2000 2nd sp.s. c 1 s 514 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 33,234,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((36,300,000))
35,413,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((69,534,000))
68,647,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $268,000 of the general fund--state appropriation for fiscal year 2000 and $322,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the commission established under PART I of Substitute Senate Bill No. 5418 or Second Substitute House Bill No. 1462. If neither bill is enacted by June 30, 1999, the amount provided in this subsection shall be used for implementation of education reform and an accountability system by the office of the superintendent of public instruction.
(2) $9,307,000 of the general fund--state appropriation for fiscal year 2000 and (($11,329,000)) $10,442,000 of the general fund--state appropriation for fiscal year 2001 are provided for development and implementation of the Washington assessments of student learning. Up to $689,000 of the appropriation may be expended for data analysis and data management of test results.
(3) $2,190,000 is provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.
(4) $6,818,000 is provided for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260. Funds for the teacher assistance program shall be allocated to school districts based on the number of beginning teachers. The 1999 teacher preparation and development report from the Washington institute for public policy found that (a) there are no state-wide standards for what teacher assistance programs are intended to accomplish and (b) the program has not been changed to reflect increased expectations for improved student learning under education reform. By November 15, 2001, the office of the superintendent of public instruction shall submit a report to the education and fiscal committees of the house of representatives and the senate documenting the outcomes of program changes implemented in response to the study.
(5) $4,050,000 is provided for improving technology infrastructure, monitoring and reporting on school district technology development, promoting standards for school district technology, promoting statewide coordination and planning for technology development, and providing regional educational technology support centers, including state support activities, under chapter 28A.650 RCW.
(6) $7,200,000 is provided for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to RCW 70.190.040.
(7) $5,000,000 is provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155.
(8) $1,260,000 is provided for technical assistance related to education reform through the office of the superintendent of public instruction, in consultation with the commission on student learning or its successor, as specified in RCW 28A.300.130 (center for the improvement of student learning).
(9) $2,208,000 is provided solely for the leadership internship program for superintendents, principals, and program administrators.
(10) $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 mathematics helping corps subject to the following conditions and limitations:
(a) In order to increase the availability and quality of technical mathematics assistance state-wide, the superintendent of public instruction, shall employ regional school improvement coordinators and mathematics school improvement specialists to provide assistance to schools and districts. The regional coordinators and specialists shall be hired by and work under the direction of a state-wide school improvement coordinator. The mathematics improvement specialists shall serve on a rotating basis from one to three years and shall not be permanent employees of the superintendent of public instruction.
(b) The school improvement coordinators and specialists shall provide the following:
(i) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;
(ii) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments emphasizing the performance on the mathematics assessments;
(iii) Consultation concerning curricula that aligns with the essential academic learning requirements emphasizing the academic learning requirements for mathematics, the Washington assessment of student learning, and meets the needs of diverse learners;
(iv) Assistance in the identification and implementation of research-based instructional practices in mathematics;
(v) Staff training that emphasizes effective instructional strategies and classroom-based assessment for mathematics;
(vi) Assistance in developing and implementing family and community involvement programs emphasizing mathematics; and
(vii) Other assistance to schools and school districts intended to improve student mathematics learning.
(11) A maximum of $1,000,000 of the general fund--state appropriation is provided to expand the number of summer accountability institutes offered by the superintendent of public instruction and the commission on student learning or its successor. The institutes shall provide school district staff with training in the analysis of student assessment data, information regarding successful district and school teaching models, research on curriculum and instruction, and planning tools for districts to improve instruction in reading, mathematics, language arts, and guidance and counseling but placing an emphasis on mathematics.
(12) $8,000,000 of the general fund--state appropriation for fiscal year 2000 and $8,000,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the Washington reading corps subject to the following conditions and limitations:
(a) Grants shall be allocated to schools and school districts to implement proven, research-based mentoring and tutoring programs in reading for low-performing students in grades K-6. If the grant is made to a school district, the principals of schools enrolling targeted students shall be consulted concerning design and implementation of the program.
(b) The programs may be implemented before, after, or during the regular school day, or on Saturdays, summer, intercessions, or other vacation periods.
(c) Two or more schools may combine their Washington reading corps programs.
(d) A program is eligible for a grant if it meets one of the following conditions:
(i) The program is recommended either by the education commission of the states or the Northwest regional educational laboratory; or
(ii) The program is developed by schools or school districts and is approved by the office of the superintendent of public instruction based on the following criteria:
(A) The program employs methods of teaching and student learning based on reliable reading/literacy research and effective practices;
(B) The program design is comprehensive and includes instruction, on-going student assessment, professional development, parental/community involvement, and program management aligned with the school's reading curriculum;
(C) It provides quality professional development and training for teachers, staff, and volunteer mentors and tutors;
(D) It has measurable goals for student reading aligned with the essential academic learning requirements; and
(E) It contains an evaluation component to determine the effectiveness of the program.
(e) Funding priority shall be given to low-performing schools.
(f) Beginning, interim, and end-of-program testing data shall be available to determine the effectiveness of funded programs and practices. Common evaluative criteria across programs, such as grade-level improvements shall be available for each reading corps program. The superintendent of public instruction shall provide program evaluations to the governor and the appropriate committees of the legislature. Administrative and evaluation costs may be assessed from the annual appropriation for the program.
(g) Grants provided under this section may be used by schools and school districts for expenditures from July 1, 1999, through August 31, 2001.
(13) $120,000 of the general fund--state appropriation for fiscal year 2000 and $272,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for salary bonuses for teachers who attain certification by the national board for professional teaching standards.
(a) During the 1999-00 school year, teachers who have attained certification by the national board will receive a one-time 15 percent salary bonus. The bonus is provided in recognition of their outstanding performance. The bonuses shall be provided subject to the following conditions and limitations:
(i) For teachers achieving certification prior to September 1, 1999, the bonus shall begin on September 1, 1999.
(ii) Teachers enrolled in the program prior to September 1, 1999, achieving certification during the 1999-2000 school year shall be eligible for the bonus for the number of months during the school year that the individual has achieved certification.
(b) During the 2000-01 school year, teachers who have attained certification by the national board during the 2000-01 school year or in prior school years will receive an annual bonus of $3,500. The annual bonus will be paid in a lump sum amount. The annual bonus provided under this subsection shall not be included in the definition of "earnable compensation" under RCW 41.32.010(10).
(c) It is the intent of the legislature that teachers achieving certification by the national board of professional teaching standards will receive no more than two bonus payments under this subsection.
(14) $125,000 of the general fund--state appropriation for fiscal year 2001 is provided for a principal support program. The office of the superintendent of public instruction may contract with an independent organization to administer the program. The program shall include: (a) Development of an individualized professional growth plan for a new principal or principal candidate; and (b) participation of a mentor principal who works over a period of between one and three years with the new principal or principal candidate to help him or her build the skills identified as critical to the success of the professional growth plan.
(15) $35,000 of the general fund--state appropriation for fiscal year 2000 and $71,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the second grade reading test. The funds shall be expended for assessment training for new second grade teachers and replacement of assessment materials.
Sec. 511. 2000 2nd sp.s. c 1 s 515 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 35,876,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((37,605,000))
37,776,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((73,481,000))
73,652,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) The superintendent shall distribute a maximum of $646.06 per eligible bilingual student in the 1999-00 school year and $641.64 in the 2000-01 school year, exclusive of salary and benefit adjustments provided in section ((503 of this act)) 504, chapter 1, Laws of 2000 2nd sp. sess..
Sec. 512. 2000 2nd sp.s. c 1 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 68,936,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((69,470,000))
68,392,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((138,406,000))
137,328,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Funding for school district learning assistance programs shall be allocated at maximum rates of $382.08 per funded unit for the 1999-00 school year and $381.90 per funded unit for the 2000-01 school year.
(3) A school district's funded units for the 1999-2000 and 2000-01 school years shall be the sum of the following:
(a) The district's full-time equivalent enrollment in grades K-6, multiplied by the 5-year average 4th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.92. As the 3rd grade test becomes available, it shall be phased into the 5-year average on a 1-year lag; and
(b) The district's full-time equivalent enrollment in grades 7-9, multiplied by the 5-year average 8th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.92. As the 6th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag; and
(c) The district's full-time equivalent enrollment in grades 10-11 multiplied by the 5-year average 11th grade lowest quartile test results, multiplied by 0.92. As the 9th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag; and
(d) If, in the prior school year, the district's percentage of October headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeded the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the current school year multiplied by 22.3 percent.
(4) School districts may carry over from one year to the next up to 10 percent of funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.
Sec. 513. 2000 2nd sp.s. c 1 s 517 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDS
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 32,981,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((27,315,000))
27,389,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((60,296,000))
60,370,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Funds are provided for local education program enhancements to meet educational needs as identified by the school district, including alternative education programs.
(3) Allocations for the 1999-00 school year shall be at a maximum annual rate of $28.81 per full-time equivalent student and $28.81 per full-time equivalent student for the 2000-01 school year. Allocations shall be made on the monthly apportionment payment schedule provided in RCW 28A.510.250 and shall be based on school district annual average full-time equivalent enrollment in grades kindergarten through twelve: PROVIDED, That for school districts enrolling not more than one hundred average annual full-time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than sixty average annual full-time equivalent students in grades kindergarten through six shall generate funding based on sixty full-time equivalent students;
(b) Enrollment of not more than twenty average annual full-time equivalent students in grades seven and eight shall generate funding based on twenty full-time equivalent students; and
(c) Enrollment of not more than sixty average annual full-time equivalent students in grades nine through twelve shall generate funding based on sixty full-time equivalent students.
(4) Funding provided pursuant to this section does not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.
(5) The superintendent shall not allocate up to one-fourth of a district's funds under this section if:
(a) The district is not maximizing federal matching funds for medical services provided through special education programs, pursuant to RCW 74.09.5241 through 74.09.5256 (Title XIX funding); or
(b) The district is not in compliance in filing truancy petitions as required under chapter 312, Laws of 1995 and RCW 28A.225.030.
Sec. 514. 2000 2nd sp.s. c 1 s 518 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BETTER SCHOOLS PROGRAM
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((57,500,000))
56,096,000
Better schools program funds are appropriated to provide additional school improvement resources to help students meet the essential academic learning requirements and student assessment performance standards. ((It is the intent of the legislature that these funds will be appropriated on an ongoing basis in future biennia.)) Allocations received under this section shall be used for the following new and expanded educational enhancements as follows:
(1) (($37,389,000)) $35,985,000 of the appropriation shall be allocated for class size reduction and expanded learning opportunities as follows:
(a) For the 2000-01 school year, an additional 2.2 certificated instructional staff units for grades K-4 per thousand full-time equivalent students are provided to supplement the certificated staffing allocations under section 502 (2)(a) of this act. Funds allocated for these additional certificated units shall not be considered as basic education funding. The allocation may be used (i) for reducing class sizes in grades K-4 or (ii) to provide additional classroom contact hours for kindergarten, before-and-after-school programs, weekend school programs, summer school programs, and intercession opportunities to assist elementary school students in meeting the essential academic learning requirements and student assessment performance standards. For purposes of this subsection, additional classroom contact hours provided by teachers beyond the normal school day under a supplemental contract shall be converted to a certificated full-time equivalent by dividing the classroom contact hours by 900.
(b) Any district maintaining a ratio equal to or greater than 55.4 certificated instructional staff per thousand full-time equivalent students in grades K-4 may use allocations generated under this subsection to employ additional certificated instructional staff or classified instructional assistants in grades K-12 or to provide additional classroom opportunities under (a) of this subsection in grades K-12.
(c) Salary calculations, nonemployee related costs, and substitute teacher allocations shall be calculated in the same manner as provided under section 502 of this act. The allocation includes salary and benefit increases equivalent to those provided under section 503 of this act.
(2) $20,111,000 of the appropriation shall be allocated for professional development and training as follows:
(a) For fiscal year 2001, the funds shall be used for additional professional development for certificated and classified staff, including additional paid time for curriculum and lesson redesign and development work and training to ensure that instruction is aligned with state standards and student needs.
(b) For fiscal year 2001, the superintendent shall allocate the funds to school districts at a rate of $20.04 per student based on the October 1999 P-105 unduplicated headcount.
(c) School districts shall allocate the funds to schools and the expenditure of the funds shall be determined by the staff at each school site.
Sec. 515. 2000 2nd sp.s. c 1 s 519 (uncodified) is amended to read as follows:
Education Savings Account--State Appropriation. . . . . . . .$ ((78,612,000))
28,077,000
Education Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,000,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((113,612,000))
63,077,000
The appropriation in this section is subject to the following conditions and limitations:
(1) (($42,612,000 in fiscal year 2000 and $36,000,000 in fiscal year 2001 are)) $28,077,000 of the education savings account is appropriated to the common school construction account.
(2) The education construction account appropriation shall be deposited in the common school construction account.
PART VI
HIGHER EDUCATION
Sec. 601. 2000 2nd sp.s. c 1 s 602 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 456,291,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((489,677,000))
490,377,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 11,404,000
Education Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Employment and Training Trust Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 888,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((959,260,000))
959,960,000
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) $27,775,000 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) $425,000 of the general fund--state appropriation is provided solely for allocation to Olympic college. Olympic college shall contract with accredited baccalaureate institution(s) to bring a program of upper-division courses, concentrating on but not limited to business, education, and human relations, to Bremerton. Moneys may be used by Olympic college during either fiscal year to equip and support a state-owned or state-leased facility in Bremerton where contracted courses are delivered.
(15) $1,000,000 of the education construction account--state appropriation for fiscal year 2001 is provided to replace failing roofs at Columbia basin college.
(16) $500,000 of the general fund--state appropriation for fiscal year 2001 is provided for assistance to students with disabilities.
(17) $750,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for a student centered online delivery system to broaden access and increase use of college catalogs, schedules, and registration systems.
(18) $658,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for maintenance and operations of Cascadia college phase 2, and for facilities previously authorized for construction with certificates of participation:
(a) Workforce training facility at Columbia basin college;
(b) Student services auditorium at Columbia basin college;
(c) Music building at Edmonds community college;
(d) Student center at South Puget Sound community college;
(e) Addition to the Lair student center at Spokane community college;
(f) Addition to the student union building at Yakima Valley community college; and
(g) Classroom and child care facility at Whatcom community college.
(19) $700,000 of the general fund--state appropriation for fiscal year 2001 is provided solely for lawsuit settlement costs at Green River community college.
Sec. 602. 2000 2nd sp.s. c 1 s 606 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 42,060,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 44,726,000
TOTAL APPROPRIATION. .. . . . . . . .$ 86,786,000
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 recruitment, retention, and equity salary adjustments 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. 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) The office of financial management shall hold and release funds to the university at the rate of $4,756 per enrolled state FTE student in excess of fiscal year 2000 actual annualized enrollment as determined in the budget driver tracking report prepared by the office of financial management. Of the amounts held pursuant to this subsection, $300,000 shall be released to the university for the sole purpose of implementing enrollment improvement initiatives, and any remaining moneys not earned by the university for enrolling additional state students during the 2000-2001 academic year shall lapse to the education savings account at the close of the biennium.
PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 2000 2nd sp.s. c 1 s 701 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT LIMIT
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 634,792,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ ((435,288,000))
436,354,000
State Building Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,797,000
Debt-Limit Reimbursable Bond Retirement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,565,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,079,442,000))
1,080,508,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriations are for deposit into the debt-limit general fund bond retirement account. The appropriation for fiscal year 2000 shall be deposited in the debt-limit general fund bond retirement account by June 30, 2000.
Sec. 702. 2000 2nd sp.s. c 1 s 703 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 23,678,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 23,283,000
Higher Education Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((695,000))
545,000
State Higher Education Construction Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150,000
Nondebt-Limit Reimbursable Bond Retirement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ ((119,977,000))
117,077,000
Stadium and Exhibition Center Construction--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,970,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((169,603,000))
166,703,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the nondebt-limit general fund bond retirement account.
Sec. 703. 2000 2nd sp.s. c 1 s 704 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund--State Appropriation (FY 2000). . . . . . . . . .$ 567,000
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 568,000
Higher Education Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((83,000))
63,000
State Building Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,237,000
State Higher Education Construction Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,000
Public Safety Reimbursable Bond Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Stadium/Exhibition Center Construction
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ 250,000
TOTAL APPROPRIATION. .. . . . . . . .$ 2,705,000
Total Bond Retirement and Interest Appropriations
contained in sections 701 through 704
of this act and section 704, chapter 309,
Laws of 1999.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,295,863,000))
1,292,963,000
Sec. 704. 1999 c 309 s 708 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--FIRE CONTINGENCY POOL
General Fund--State Appropriation (FY 2001). . . . . . . . . .$ 1,000,000
Disaster Response Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
((The sum of three million dollars or so much thereof as may be available on June 30, 1999, from the total amount of unspent fiscal year 1999 fire contingency funding in)) The appropriations in this section are subject to the following conditions and limitations: The general fund--state appropriation is provided solely for deposit into the disaster response account. The disaster response account((, is appropriated)) appropriation is provided for the purpose of making allocations to the military department for fire mobilizations costs or to the department of natural resources for fire suppression costs.
NEW SECTION. Sec. 705. A new section is added to 1999 c 309 (uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided, as follows:
(1) Reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110:
(a) Gregory Sykes, claim number SCJ 2001-01 $ 6,647
(b) Daniel Anker, claim number SCJ 2001-02 $ 17,584
(c) Joshua Swaney, claim number SCJ 2001-03 $ 32,000
(d) Yanis Nadzins, claim number SCJ 2001-04 $ 5,000
(e) Shawn Kostelec, claim number SCJ 2001-05 $ 2,800
(f) Terry Hanson, claim number SCJ 2001-07 $ 6,742
(g) Allen West, claim number SCJ 2001-08 $ 9,001
(h) Kim McLemore, claim number SCJ 2001-09 $ 920
(i) Norma Vasquez, claim number SCJ 2001-11 $ 1,110
(j) Clifford Stewart, claim number SCJ 2001-12 $ 2,948
(k) Lee Sumerlin, claim number SCJ 2001-14 $ 135
(l) Maxwell Jones, claim number SCJ 2001-16 $ 6,840
(2) Payment from the state wildlife account for damage to crops by wildlife, pursuant to RCW 77.36.050:
(a) Carl Anderson, claim number SCG 2001-02 $ 30,357
(b) Marshall Anderson, claim number SCG 2001-03 $ 20,439
(c) Richard Anderson, claim number SCG 2001-04 $ 34,196
(d) Bud Hamilton, claim number SCG 2001-05 $ 97,761
(e) Ice Brothers, claim number SCG 2001-06 $ 23,922
(f) Dick Rubenser, claim number SCG 2001-07 $ 14,100
NEW SECTION. Sec. 706. A new section is added to 1999 c 309 (uncodified) to read as follows:
Any program costs or money in this act that is shifted to the general fund from another fund or account requires an adjustment to the state expenditure limit under RCW 43.135.035(5).
NEW SECTION. Sec. 707. A new section is added to 1999 c 309 (uncodified) to read as follows:
FOR WASHINGTON STATE UNIVERSITY--AGRICULTURAL COLLEGE TRUST LANDS. The sum of sixteen million dollars is appropriated from the education construction account to the agricultural permanent account as full and final payment of the agricultural college trust land settlement effective May 24, 1999, between the office of financial management and Washington State University, and shall be used to support financing of the health sciences building in Spokane.
Sec. 708. 2000 2nd sp.s. c 1 s 730 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--COUNTY PUBLIC HEALTH ASSISTANCE
The sum of $33,183,801 is appropriated from the health services account to the department of community, trade, and economic development for distribution for the purposes of public health. Of the amounts provided, $11,061,266 is to be distributed for ((calendar)) fiscal year 2000 for the period from ((July)) January 1 through ((December 31)) June 30, and $22,122,535 is to be distributed for ((calendar)) fiscal year 2001, to the following counties and health districts in the amounts designated:
1999-2001
County or Health District FY 2000 FY 2001 Biennium
Adams County Health District 15,165 30,330 45,495
Asotin County Health District 30,008 60,015 90,023
Benton-Franklin Health District 551,371 1,102,742 1,654,113
Chelan-Douglas Health District 79,726 159,451 239,177
Clallam County Health and Human Services Department 68,512 137,024 205,536
Southwest Washington Health District 512,816 1,025,631 1,538,447
Columbia County Health District 19,857 39,715 59,572
Cowlitz County Health Department 129,921 259,842 389,763
Garfield County Health District 7,363 14,726 22,089
Grant County Health District 48,355 96,710 145,065
Grays Harbor Health Department 90,088 180,176 270,264
Island County Health Department 37,465 74,930 112,395
Jefferson County Health and Human Services 38,072 76,145 114,217
Seattle-King County Department of Public Health 4,153,122 8,306,245 12,459,367
Bremerton-Kitsap County Health District 271,037 542,074 813,111
Kittitas County Health Department 38,712 77,425 116,137
Klickitat County Health Department 24,002 48,004 72,006
Lewis County Health Department 49,704 99,409 149,113
Lincoln County Health Department 10,306 20,613 30,919
Mason County Department of Health Services 40,946 81,893 122,839
Okanogan County Health District 30,549 61,099 91,648
Pacific County Health Department 37,935 75,871 113,806
Tacoma-Pierce County Health Department 1,372,177 2,744,353 4,116,530
San Juan County Health and Community Services 15,058 30,116 45,174
Skagit County Health Department 98,115 196,230 294,345
Snohomish Health District 1,090,447 2,180,893 3,271,340
Spokane County Health District 1,027,015 2,054,031 3,081,046
Northeast Tri-County Health District 47,995 95,991 143,986
Thurston County Health Department 287,121 574,242 861,363
Wahkiakum County Health Department 6,748 13,495 20,243
Walla Walla County-City Health Department 83,532 167,063 250,595
Whatcom County Health Department 409,608 819,215 1,228,823
Whitman County Health Department 38,071 76,142 114,213
Yakima Health District 300,347 600,694 901,041
TOTAL APPROPRIATIONS $11,061,266 $22,122,535 $33,183,801
NEW SECTION. Sec. 709. A new section is added to 1999 c 309 (uncodified) to read as follows:
Emergency Reserve Fund--State Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . .$ 56,336,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The emergency reserve fund appropriation is in response to the emergency caused by a natural disaster known as the Nisqually earthquake, declared by chapter 5, Laws of 2001, the governor, and the president of the United States.
(2) The emergency reserve fund appropriation is provided solely for deposit in the Nisqually earthquake account--state.
(3) $728,000 is appropriated from the Nisqually earthquake account--state and $558,000 is appropriated from the Nisqually earthquake account--federal to the military department solely for costs associated with coordinating the state's response to the February 28, 2001, earthquake with the federal emergency management agency.
(4) $1,986,000 is appropriated from the Nisqually earthquake account--state and $6,878,000 is appropriated from the Nisqually earthquake account--federal to the military department solely for public assistance costs associated with the earthquake for state and local agencies. Of the appropriation from the Nisqually earthquake account--state in this subsection, $1,680,000 is provided for the state matching share for state agencies and $306,000 is provided for one-half of the local matching share for local entities. The amount provided for the local matching share constitutes a revenue distribution for purposes of RCW 43.135.060(1).
PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 2000 2nd sp.s. c 1 s 802 (uncodified) is amended to read as follows:
Local Toxics Control Account: For transfer to
the state toxics control account on or
before June 1, 2000, an amount equal to
$1,500,000. This transfer shall be
repaid to the local toxics control account
from moneys in the state toxics control
account by June 30, 2005. The transfer
shall be repaid prior to June 30, 2005,
to the extent that moneys are received
from the cost recovery action at the
Everett smelter site. . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Park Land Trust Revolving Fund: For transfer
to the common school construction fund,
$13,350,000 of the amount deposited into
the park land trust revolving fund on
January 6, 2000, plus all interest attributed
to that amount that has accrued since
deposit, up to (($13,550,000)) $13,650,400.
Nothing in this section constitutes an
authorization or ratification of the transaction
that resulted in this deposit. . . . . . . . .. . . . . . . . . . . . . . . . .$ ((13,550,000))
13,650,400
Park Land Trust Revolving Fund: For transfer
to the natural resources real property
replacement account, $3,200,000 of the
amount deposited into the park land trust
revolving fund on January 6, 2000, plus
all interest attributed to that amount
that has accrued since deposit, up to
$3,300,000. Nothing in this section
constitutes an authorization or ratification
of the transaction that resulted in this
deposit. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,300,000
Sec. 802. 1999 c 309 s 803 (uncodified) is amended to read as follows:
General Fund: For transfer to the Water Quality
Account. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 83,423,000
General Fund: For transfer to the Flood Control
Assistance Account. . . . . .. . . . . . . . . . . . . . . . .$ 4,000,000
State Convention and Trade Center Account: For
transfer to the State Convention and Trade
Center Operations Account. . . . . . . . .. . . . . . . . . . . . . . . . .$ 3,800,000
Water Quality Account: For transfer to the Water
Pollution Control Account. Transfers shall be
made at intervals coinciding with deposits of
federal capitalization grant money into the
account. The amounts transferred shall not
exceed the match required for each federal
deposit. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,350,000
State Treasurer's Service Account: For transfer to
the general fund on or before June 30, 2001, an
amount up to $10,000,000 in excess of the cash
requirements of the State Treasurer's Service
Account. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,000,000
Public Works Assistance Account: For transfer to
the Drinking Water Assistance Account. . . . . . .$ 7,700,000
County Sales and Use Tax Equalization Account:
For transfer to the County Public Health
Account. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,577,664
Public Health Services Account: For transfer to
the County Public Health Account. . .. . . . . . . .$ 1,056,000
State Emergency Water Projects Revolving Account:
For transfer to the State Drought Preparedness
Account. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,800,000
Tobacco Settlement Account: For transfer to
the Health Services Account in an amount not
to exceed the actual balance of the tobacco
settlement account. . . . . . .. . . . . . . . . . . . . . . . .$ 223,087,000
State Toxics Control Account: For transfer to the
local toxics control account on or before
June 30, 2001, up to $2,500,000, but not
greater than the loan enacted in the 1999
supplemental budget. The exact amount and
timing of the transfer shall be determined
by the office of financial management,
based on state toxics control account fund
balances. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Health Services Account: For transfer to the
state general fund by June 30, 2001, for health
services purposes consistent with RCW 43.72.900.
Pursuant to RCW 43.135.035(5), the state
expenditure limit shall be increased in fiscal
year 2001 to reflect this transfe. . . . . .. . . . . . . .$ 121,000,000
PART IX
MISCELLANEOUS
Sec. 901. 2000 c 241 s 4 (uncodified) is amended to read as follows:
This act expires March 30, ((2002)) 2001.
NEW SECTION. Sec. 902. 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. 903. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Brown to Substitute House Bill No. 1314.
The motion by Senator Brown carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Brown, the following title amendment was adopted:
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending 1999 c 309 ss 106, 111, 119, 130, 133, 134, 138, 223, 708, and 803 (uncodified); amending 2000 c 241 s 4 (uncodified); amending 2000 2nd sp.s. c 1 ss 107, 108, 109, 111, 112, 114, 115, 117, 118, 119, 124, 126, 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 222, 301, 302, 305, 306, 401, 402, 501, 502, 504, 505, 507, 508, 510, 511, 512, 514, 515, 516, 517, 518, 519, 602, 606, 701, 703, 704, 730, and 802 (uncodified); adding new sections to 1999 c 309 (uncodified); creating new sections; making appropriations; and declaring an emergency."
On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 1314, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1314, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1314, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 41
Voting nay: Senators Benton, McDonald, Morton, Sheldon, T. and Stevens - 5.
Excused: Senators Constantine, Hargrove and Zarelli - 3.
SUBSTITUTE HOUSE BILL NO. 1314, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 13, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1062 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Kline, the Senate receded from its amendment(s) to House Bill No. 1062.
MOTIONS
On motion of Senator Kline, the rules were suspended, House Bill No. 1062 was returned to second reading and read the second time.
Senator Kline moved that the following striking amendment by Senators Kline, Zarelli and Long be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.101.010 and 1981 c 132 s 2 are each amended to read as follows:
When used in this chapter:
(1) The term "commission" means the Washington state criminal justice training commission.
(2) The term "boards" means the education and training standards boards, the establishment of which are authorized by this chapter.
(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction, or enforcement of the criminal law.
(4) The term "law enforcement personnel" means any public employee or volunteer having as a primary function the enforcement of criminal laws in general or any employee or volunteer of, or any individual commissioned by, any municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws in general as distinguished from an agency possessing peace officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of guilty has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the equivalent disposition by a court in a jurisdiction other than the state of Washington.
(7) "Discharged for disqualifying misconduct" means terminated from employment for: (a) Conviction of (i) any crime committed under color of authority as a peace officer, (ii) any crime involving dishonesty or false statement within the meaning of Evidence Rule 609(a), (iii) the unlawful use or possession of a controlled substance, or (iv) any other crime the conviction of which disqualifies a Washington citizen from the legal right to possess a firearm under state or federal law; (b) conduct that would constitute any of the crimes addressed in (a) of this subsection; or (c) knowingly making materially false statements during disciplinary investigations, where the false statements are the sole basis for the termination.
(8) A peace officer is "discharged for disqualifying misconduct" within the meaning of subsection (7) of this section under the ordinary meaning of the term and when the totality of the circumstances support a finding that the officer resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when such discipline, if carried forward, would more likely than not have led to discharge for disqualifying misconduct within the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in this chapter, "final" means that the peace officer has exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative appeals, and the officer has not been reinstated as the result of the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining remedies.
(10) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement of RCW 43.101.200 and any other requirements of that section, notwithstanding any waiver or exemption granted by the commission, and notwithstanding the statutory exemption based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.12.055 are peace officers for purposes of this chapter.
NEW SECTION. Sec. 2. (1) As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification or exemption therefrom, by meeting all requirements of RCW 43.101.200, as that section is administered under the rules of the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic certification as peace officers under this chapter. The commission shall certify peace officers who have satisfied, or have been exempted by statute or by rule from, the basic training requirements of RCW 43.101.200 on or before the effective date of this section. Thereafter, the commission may revoke certification pursuant to this chapter.
(2) The commission shall allow a peace officer to retain status as a certified peace officer as long as the officer: (a) Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (b) meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification revoked by the commission.
(3) As a prerequisite to certification, as well as a prerequisite to pursuit of a hearing under section 9 of this act, a peace officer must, on a form devised or adopted by the commission, authorize the release to the commission of his or her personnel files, termination papers, criminal investigation files, or other files, papers, or information that are directly related to a certification matter or decertification matter before the commission.
NEW SECTION. Sec. 3. Upon request by a peace officer's employer or on its own initiative, the commission may deny or revoke certification of any peace officer, after written notice and hearing, if a hearing is timely requested by the peace officer under section 9 of this act, based upon a finding of one or more of the following conditions:
(1) The peace officer has failed to timely meet all requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training equivalency, or a certificate of exemption from the training;
(2) The peace officer has knowingly falsified or omitted material information on an application for training or certification to the commission;
(3) The peace officer has been convicted at any time of a felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; except that if a certified peace officer was convicted of a felony before being employed as a peace officer, and the circumstances of the prior felony conviction were fully disclosed to his or her employer before being hired, the commission may revoke certification only with the agreement of the employing law enforcement agency;
(4) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the acts or omissions forming the basis for the discharge proceedings occurred on or after the effective date of this section;
(5) The peace officer's certificate was previously issued by administrative error on the part of the commission; or
(6) The peace officer has interfered with an investigation or action for denial or revocation of certificate by: (a) Knowingly making a materially false statement to the commission; or (b) in any matter under investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness.
NEW SECTION. Sec. 4. (1) A person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy for any reason not also involving discharge for disqualifying misconduct is eligible for readmission and certification upon meeting standards established in rules of the commission, which rules may provide for probationary terms on readmission.
(2) A person whose certification is denied or revoked based upon prior administrative error of issuance, failure to cooperate, or interference with an investigation is eligible for certification upon meeting standards established in rules of the commission, rules which may provide for a probationary period of certification in the event of reinstatement of eligibility.
(3) A person whose certification is denied or revoked based upon a felony criminal conviction is not eligible for certification at any time.
(4) A peace officer whose certification is denied or revoked based upon discharge for disqualifying misconduct, but not also based upon a felony criminal conviction, may, five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for reinstatement. The commission shall hold a hearing on the petition to consider reinstatement, and the commission may allow reinstatement based upon standards established in rules of the commission. If the certificate is reinstated or eligibility for certification is determined, the commission may establish a probationary period of certification.
(5) A peace officer whose certification is revoked based solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial reversal of the conviction. The commission shall hold a hearing on request to consider reinstatement, and the commission may allow reinstatement based on standards established in rules of the commission. If the certificate is reinstated or if eligibility for certification is determined, the commission may establish a probationary period of certification.
NEW SECTION. Sec. 5. A peace officer's certification lapses automatically when there is a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer. A break in full-time law enforcement service which is due solely to the pendency of direct review or appeal from a disciplinary discharge, or to the pendency of a work-related injury, does not cause a lapse in certification. The officer may petition the commission for reinstatement of certification. Upon receipt of a petition for reinstatement of a lapsed certificate, the commission shall determine under this chapter and any applicable rules of the commission if the peace officer's certification status is to be reinstated, and the commission shall also determine any requirements which the officer must meet for reinstatement. The commission may adopt rules establishing requirements for reinstatement.
NEW SECTION. Sec. 6. Upon termination of a peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission. The agency of termination shall, upon request of the commission, provide such additional documentation or information as the commission deems necessary to determine whether the termination provides grounds for revocation under section 3 of this act. The commission shall maintain these notices in a permanent file, subject to section 12 of this act.
NEW SECTION. Sec. 7. In addition to its other powers granted under this chapter, the commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry out this chapter;
(2) Issue subpoenas and administer oaths in connection with investigations, hearings, or other proceedings held under this chapter;
(3) Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and other proceedings held under this chapter;
(4) Appoint members of a hearings board as provided under section 10 of this act;
(5) Enter into contracts for professional services determined by the commission to be necessary for adequate enforcement of this chapter;
(6) Grant, deny, or revoke certification of peace officers under the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas and statements of charges under the provisions of this chapter; and
(8) Employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter.
NEW SECTION. Sec. 8. A law enforcement officer or duly authorized representative of a law enforcement agency may submit a written complaint to the commission charging that a peace officer's certificate should be denied or revoked, and specifying the grounds for the charge. Filing a complaint does not make a complainant a party to the commission's action. The commission has sole discretion whether to investigate a complaint, and the commission has sole discretion whether to investigate matters relating to certification, denial of certification, or revocation of certification on any other basis, without restriction as to the source or the existence of a complaint. A person who files a complaint in good faith under this section is immune from suit or any civil action related to the filing or the contents of the complaint.
NEW SECTION. Sec. 9. (1) If the commission determines, upon investigation, that there is probable cause to believe that a peace officer's certification should be denied or revoked under section 3 of this act, the commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by personal service on the officer. Notice of the charges must also be mailed to or otherwise served upon the officer's agency of termination and any current law enforcement agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or revocation, the officer must, within sixty days of communication of the statement of charges, request a hearing before the hearings board appointed under section 10 of this act. Failure of the officer to request a hearing within the sixty-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440.
(2) If a hearing is requested, the date of the hearing must be scheduled not earlier than ninety days nor later than one hundred eighty days after communication of the statement of charges to the officer; the one hundred eighty day period may be extended on mutual agreement of the parties or for good cause. The commission shall give written notice of hearing at least twenty days prior to the hearing, specifying the time, date, and place of hearing.
NEW SECTION. Sec. 10. (1) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern hearings before the commission and govern all other actions before the commission unless otherwise provided in this chapter. The standard of proof in actions before the commission is clear, cogent, and convincing evidence.
(2) On all appeals brought under section 9 of this act, a five-member hearings panel shall both hear the case and make the commission's final administrative decision. Members of the commission or the board on law enforcement training standards and education may but need not be appointed to the hearings panels. The commission shall appoint as follows two or more panels to hear appeals from decertification actions:
(a) When an appeal is filed in relation to decertification of a Washington peace officer who is not a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) One police chief; (ii) one sheriff; (iii) two peace officers who are at or below the level of first line supervisor, who are from city or county law enforcement agencies, and who have at least ten years' experience as peace officers; and (iv) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(b) When an appeal is filed in relation to decertification of a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) Either one police chief or one sheriff; (ii) one administrator of the state patrol; (iii) one peace officer who is at or below the level of first line supervisor, who is from a city or county law enforcement agency, and who has at least ten years' experience as a peace officer; (iv) one state patrol officer who is at or below the level of first line supervisor, and who has at least ten years' experience as a peace officer; and (v) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(c) Persons appointed to hearings panels by the commission shall, in relation to any decertification matter on which they sit, have the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is that a peace officer was "discharged for disqualifying misconduct," and the discharge is "final," within the meaning of section 3(4) of this act, and the officer received a civil service hearing or arbitration hearing culminating in an affirming decision following separation from service by the employer, the hearings panel may revoke or deny certification if the hearings panel determines that the discharge occurred and was based on disqualifying misconduct; the hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the employment separation proceeding. However, the hearings panel may, in its discretion, consider additional evidence to determine whether such a discharge occurred and was based on such disqualifying misconduct. The hearings panel shall, upon written request by the subject peace officer, allow the peace officer to present additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of certification is based is that a peace officer "has been convicted at any time of a felony offense" within the meaning of section 3(3) of this act, the hearings panel shall revoke or deny certification if it determines that the peace officer was convicted of a felony. The hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the criminal proceeding. However, the hearings panel shall, upon the panel's determination of relevancy, consider additional evidence to determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under section 3(1), (2), (5), or (6) of this act, the hearings panel shall determine the underlying facts relating to the charge upon which revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 11. The commission, its boards, and individuals acting on behalf of the commission and its boards are immune from suit in any civil or criminal action contesting or based upon proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 12. (1) Except as provided under subsection (2) of this section, the following records of the commission are confidential and exempt from public disclosure: (a) The contents of personnel action reports filed under section 6 of this act; (b) all files, papers, and other information obtained by the commission pursuant to section 2(3) of this act; and (c) all investigative files of the commission compiled in carrying out the responsibilities of the commission under this chapter. Such records are not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in subsection (5) of this section.
(2) Records which are otherwise confidential and exempt under subsection (1) of this section may be reviewed and copied: (a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's file and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of which must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current employing law enforcement agency, which may review and copy its employee-officer's file; or (c) by a representative of or investigator for the commission.
(3) Records which are otherwise confidential and exempt under subsection (1) of this section may also be inspected at the offices of the commission by a duly authorized representative of a law enforcement agency considering an application for employment by a person who is the subject of a record. A copy of records which are otherwise confidential and exempt under subsection (1) of this section may later be obtained by an agency after it hires the applicant. In all other cases under this subsection, the agency may not obtain a copy of the record.
(4) Upon a determination that a complaint is without merit, that a personnel action report filed under section 6 of this act does not merit action by the commission, or that a matter otherwise investigated by the commission does not merit action, the commission shall purge records addressed in subsection (1) of this section.
(5) The hearings, but not the deliberations, of the hearings board are open to the public. The transcripts, admitted evidence, and written decisions of the hearings board on behalf of the commission are not confidential or exempt from public disclosure, and are subject to subpoena and discovery proceedings in civil actions.
(6) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission in good faith.
NEW SECTION. Sec. 13. Sections 2 through 12 and 14 of this act are each added to chapter 43.101 RCW.
NEW SECTION. Sec. 14. This act takes effect January 1, 2002."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kline, Zarelli and Long to House Bill No. 1062.
The motion by Senator Kline carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 1 of the title, after "officers;" strike the remainder of the title and insert "amending RCW 43.101.010; adding new sections to chapter 43.101 RCW; and providing an effective date."
On motion of Senator Kline, the rules were suspended, House Bill No. 1062, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1062, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1062, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46
Excused: Senators Constantine, Hargrove and Zarelli - 3.
HOUSE BILL NO. 1062, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 6, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5319 with the following amendment(s):
On page 2, beginning on line 26, strike all of section 2
Renumber the remaining section consecutively and correct the title and any internal references accordingly, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Patterson, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5319 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5986 with the following amendment(s):
On page 1, line 7, after "hospital," insert "including public hospital districts,"
On page 1, line 12, after, "municipality," insert "public hospital district,", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTIONS
On motion of Senator Thibaudeau, the Senate concurred in the House amendments to Substitute Senate Bill No. 5986.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5986, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5986, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45
Absent: Senator Brown - 1.
Excused: Senators Constantine, Hargrove and Zarelli - 3.
SUBSTITUTE SENATE BILL NO. 5986, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 13, 2001
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997, and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTIONS
Senator Patterson moved that the Senate recede from its amendment(s) to Engrossed Substitute House Bill No. 1997.
Debate ensued
The President declared the question before the Senate to be the motion by Senator Patterson that the Senate recede from its amendment(s) to Engrossed Substitute House Bill No. 1997.
The motion by Senator Patterson carried and the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1997.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1997, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1997, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West and Winsley - 43
Voting nay: Senator Benton, Stevens and Thibaudeau- 3.
Excused: Senators Constantine, Hargrove and Zarelli - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 17, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 2126, and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Kohl-Welles, the Senate receded from its amendment(s) to House Bill No. 2126.
MOTION
On motion of Senator Eide, Senator Snyder was excused.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 2126 was returned to second reading and read the second time.
MOTION
Senator Kohl-Welles moved that the following striking amendment by Senator Brown be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.95.020 and 2000 c 14 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Academic year" means the regular nine-month, three-quarter, or two-semester period annually occurring between July 1st and June 30th.
(2) "Account" means the Washington advanced college tuition payment program account established for the deposit of all money received by the board from eligible purchasers and interest earnings on investments of funds in the account, as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the development of any authorized college savings program pursuant to section 2 of this act.
(3) "Board" means the higher education coordinating board as defined in chapter 28B.80 RCW.
(4) "Committee on advanced tuition payment" or "committee" means a committee of the following members: The state treasurer, the director of the office of financial management, the executive director of the higher education coordinating board, or their designees, and two members to be appointed by the governor, one representing program participants and one private business representative with marketing, public relations, or financial expertise.
(5) "Governing body" means the committee empowered by the legislature to administer the Washington advanced college tuition payment program.
(6) "Contractual obligation" means a legally binding contract of the state with the purchaser and the beneficiary establishing that purchases of tuition units will be worth the same number of tuition units at the time of redemption as they were worth at the time of the purchase.
(7) "Eligible beneficiary" means the person for whom the tuition unit will be redeemed for attendance at an institution of higher education. The beneficiary is that person named by the purchaser at the time that a tuition unit contract is accepted by the governing body. With the exception of tuition unit contracts purchased by qualified organizations as future scholarships, the beneficiary must reside in the state of Washington or otherwise be a resident of the state of Washington at the time the tuition unit contract is accepted by the governing body.
(8) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the governing body for the purchase of tuition units for an eligible beneficiary.
(9) "Full-time tuition charges" means resident tuition charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per academic term.
(10) "Institution of higher education" means an institution that offers education beyond the secondary level and is recognized by the internal revenue service under chapter 529 of the internal revenue code.
(11) "Investment board" means the state investment board as defined in chapter 43.33A RCW.
(12) "State institution of higher education" means institutions of higher education as defined in RCW 28B.10.016.
(13) "Tuition and fees" means undergraduate tuition and services and activities fees as defined in RCW 28B.15.020 and 28B.15.041 rounded to the nearest whole dollar. The maximum tuition and fees charges recognized for beneficiaries enrolled in a state technical college shall be equal to the tuition and fees for the community college system.
(14) "Tuition unit contract" means a contract between an eligible purchaser and the governing body, or a successor agency appointed for administration of this chapter, for the purchase of tuition units for a specified beneficiary that may be redeemed at a later date for an equal number of tuition units.
(15) "Unit purchase price" means the minimum cost to purchase one tuition unit for an eligible beneficiary. Generally, the minimum purchase price is one percent of the undergraduate weighted average tuition and fees for the current year, rounded to the nearest whole dollar, adjusted for the costs of administration and adjusted to ensure the actuarial soundness of the account. The analysis for price setting shall also include, but not be limited to consideration of past and projected patterns of tuition increases, program liability, past and projected investment returns, and the need for a prudent stabilization reserve.
(16) "Weighted average tuition" shall be calculated as the sum of the undergraduate tuition and services and activities fees for each four-year state institution of higher education, multiplied by the respective full-time equivalent student enrollment at each institution divided by the sum total of undergraduate full-time equivalent student enrollments of all four-year state institutions of higher education, rounded to the nearest whole dollar.
(17) "Weighted average tuition unit" is the value of the weighted average tuition and fees divided by one hundred. The weighted average is the basis upon which tuition benefits ((are)) may be calculated ((for graduate program enrollments and for attendance at nonstate institutions of higher education and is)) as the basis for any refunds provided from the program.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.95 RCW to read as follows:
(1) The committee may establish a college savings program. If such a program is established, the college savings program shall be established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by the internal revenue service under section 529 of the internal revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment program. The committee, in planning and devising the program, shall consult with the state investment board, the state treasurer, a qualified actuarial consulting firm with appropriate expertise to evaluate such plans, the legislative fiscal and higher education committees, and the institutions of higher education.
(2) Up to two hundred thousand dollars of administrative fees collected from guaranteed education tuition program participants may be applied as a loan to fund the development of a college savings program. This loan must be repaid with interest before the conclusion of the biennium in which the committee draws funds for this purpose from the advanced college tuition payment program account.
(3) If such a college savings program is established, the college savings program account is created in the custody of the state treasurer for the purpose of administering the college savings program. If created, the account shall be a discrete nontreasury account in the custody of the state treasurer. Interest earnings shall be retained in accordance with RCW 43.79A.040. Disbursements from the account, except for program administration, are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. Money used for program administration is subject to the allotment provisions, but without appropriation.
(4) The committee, after consultation with the state investment board, shall determine the investment policies for the college savings program. Program contributions may be invested by the state investment board or the committee may contract with an investment company licensed to conduct business in this state to do the investing. The committee shall keep or cause to be kept full and adequate accounts and records of the assets of each individual participant in the college savings program.
(5) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds or assets of the individual participant accounts in the college savings program created under this section nor may any such entity be held liable for any shortage of funds in the event that balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant account was intended.
(6) The committee shall adopt rules to implement this section. Such rules shall include but not be limited to administration, investment management, promotion, and marketing; compliance with internal revenue service standards; application procedures and fees; start-up costs; phasing in the savings program and withdrawals therefrom; deterrents to early withdrawals and provisions for hardship withdrawals; and reenrollment in the savings program after withdrawal.
(7) The committee may, at its discretion, determine to cease operation of the college savings program if it determines the continuation is not in the best interest of the state. The committee shall adopt rules to implement this section addressing the orderly distribution of assets.
Sec. 3. RCW 28B.95.110 and 2000 c 14 s 8 are each amended to read as follows:
(1) The intent of the Washington advanced college tuition payment program is to redeem tuition units for attendance at an institution of higher education. Refunds shall be issued under specific conditions that may include the following:
(a) Certification that the beneficiary, who is eighteen years of age or older, will not attend an institution of higher education, will result in a refund not to exceed the current weighted average tuition and fees in effect at the time of such certification minus a penalty at the rate established by the internal revenue service under chapter 529 of the internal revenue code. No more than one hundred tuition units may be refunded per year to any individual making this certification. The refund shall be made no sooner than ninety days after such certification, less any administrative processing fees assessed by the governing body;
(b) If there is certification of the death or disability of the beneficiary, the refund shall be equal to one hundred percent of any remaining unused tuition units ((valued)) at the current ((weighted average tuition units)) value, as determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body;
(c) If there is certification by the student of graduation or program completion, the refund shall be as great as one hundred percent of any remaining unused ((weighted average)) tuition units at the current value, as determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body. The governing body may, at its discretion, impose a penalty if needed to comply with federal tax rules;
(d) If there is certification of other tuition and fee scholarships, which will cover the cost of tuition for the eligible beneficiary. The refund shall be equal to one hundred percent of the current ((weighted average)) value of tuition units, as determined by the governing body, in effect at the time of the refund request, ((plus)) less any administrative processing fees assessed by the governing body. The refund under this subsection may not exceed the value of the scholarship;
(e) Incorrect or misleading information provided by the purchaser or beneficiaries may result in a refund of the purchaser's investment, less any administrative processing fees assessed by the governing body. The value of the refund will not exceed the actual dollar value of the purchaser's contributions; and
(f) The governing body may determine other circumstances qualifying for refunds of remaining unused tuition units and may determine the value of that refund.
(2) With the exception of subsection (1)(b), (e), and (f) of this section no refunds may be made before the units have been held for two years.
Sec. 4. RCW 43.79A.040 and 2000 c 79 s 45 are each amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility ((grant)) account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 5. Section 3 of 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, 2001."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Brown to House Bill No. 2126.
The motion by Senator Kohl-Welles carried and the striking amendment by Senator Brown was adopted:
MOTIONS
On motion of Senator Kohl-Welles, the following title amendment was adopted:
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28B.95.020, 28B.95.110, and 43.79A.040; adding a new section to chapter 28B.95 RCW; providing an effective date; and declaring an emergency."
On motion of Senator Kohl-Wells, the rules were suspended, House Bill No. 2126, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2126, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2126, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Spanel, Swecker, Thibaudeau, West and Winsley - 46.
Excused: Senators Constantine, Snyder and Zarelli - 3.
HOUSE BILL NO. 2126, as amended by the Senate under suspension of the rules, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:25 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m..
The Senate was called to order at 1:30 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 18, 2001
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1042,
HOUSE BILL NO. 1095,
SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1320,
SUBSTITUTE HOUSE BILL NO. 1365,
SUBSTITUTE HOUSE BILL NO. 1384,
SUBSTITUTE HOUSE BILL NO. 1591,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1658,
SECOND SUBSTITUTE HOUSE BILL NO. 1752,
SUBSTITUTE HOUSE BILL NO. 1891,
HOUSE BILL NO. 1895,
HOUSE BILL NO. 2029,
SUBSTITUTE HOUSE BILL NO. 2041,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 18, 2001
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1341,
HOUSE BILL NO. 1394,
HOUSE BILL NO. 1567,
HOUSE BILL NO. 1579,
HOUSE BILL NO. 1581,
HOUSE BILL NO. 1750.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5468,
SENATE BILL NO. 5921,
SUBSTITUTE SENATE BILL NO. 5986,
SENATE JOINT MEMORIAL NO. 8019,
ENGROSSED SENATE JOINT RESOLUTION NO. 8208.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1042,
HOUSE BILL NO. 1095,
SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1320,
SUBSTITUTE HOUSE BILL NO. 1365,
SUBSTITUTE HOUSE BILL NO. 1384,
SUBSTITUTE HOUSE BILL NO. 1591,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1658,
SECOND SUBSTITUTE HOUSE BILL NO. 1752,
SUBSTITUTE HOUSE BILL NO. 1891,
HOUSE BILL NO. 1895,
HOUSE BILL NO. 2029,
SUBSTITUTE HOUSE BILL NO. 2041,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410.
MOTIONS
On motion of Senator Hewitt, Senators Johnson and West were excused.
On motion of Senator Eide, Senators Gardner, Patterson and Thibaudeau were excused.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Shin, Gubernatorial Appointment No. 9083, Sanford Kinzer, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.
APPOINTMENT OF STANFORD KINZER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 32; Nays, 0; Absent, 10; Excused, 7.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, Morton, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens and Swecker - 32.
Absent: Senators Costa, Deccio, Hargrove, Haugen, Kastama, McCaslin, McDonald, Oke, Parlette and Winsley - 10.
Excused: Senators Gardner, Johnson, Patterson, Snyder, Thibaudeau, West and Zarelli - 7.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Kohl-Welles, the following resolution was adopted:
SENATE RESOLUTION 2001-8663
By Senators Kohl-Welles, Long, Brown, Hargrove, Stevens, Rasmussen and Spanel
WHEREAS, Thousands of dedicated workers provide quality care in Washington’s homes, child-care centers and schools; and
WHEREAS, Child-care centers throughout the nation are experiencing a forty percent turnover in staff each year; and
WHEREAS, Programs with high staff turnover rates delay children’s language and development skills, which are both critical areas for emotional adjustment and preparations to succeed in school; and
WHEREAS, A good learning environment for children translates into a good working environment for adults; andWHEREAS, The cost of child care is very expensive for most parents, yet insufficient to fully cover the cost of high quality child care and staff; and
WHEREAS, Teachers in child-care centers generally earn one-half of the salary of public school teachers and have limited access to financial support for training; and
WHEREAS, Early childhood care givers, both in centers and family child care homes, have subsidized the provision of services by accepting wages far below the value and importance of their work;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the valuable contribution, devotion and often under-appreciated work of child-care providers across the state – the foundation of our state’s child-care system.
Senators Kohl-Welles, Eide, Long and Rasmussen spoke to Senate Resolution 2001-8663.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced child-care providers, dedicated workers from across the state, who were seated in the back of the Chamber.
MOTION
On motion of Senator Snyder, the following resolution was adopted:
SENATE RESOLUTION 2001-8641
By Senators Snyder and Rasmussen
WHEREAS, It is the tradition of the Washington State Senate to recognize courage and heroic acts of bravery by outstanding Washington residents; and
WHEREAS, Fifteen-year-old Bill Keeler of Lebam saved the life of sixty-one year-old Fred Huber of Frances, on June 5, 2000; and
WHEREAS, Huber was attacked by a bull while trying to get his cows out of the road and back into the field early in the morning; and
WHEREAS, Keeler was on a school bus when he saw the bull knock down Huber, then throw Huber six feet into the air; and
WHEREAS, Disregarding the risk to his own safety, Keeler got off the bus, grabbed a garden hose, and started swinging it and yelling at the bull; and
WHEREAS, After hitting the bull on the back and the face with the hose, Keeler stepped in between Huber and the bull and continued to shout until the bull retreated to the field; and
WHEREAS, The bus driver radioed for help, and Keeler waited with Huber until the ambulance arrived;
WHEREAS, Keeler showed quick thinking, courage and immense bravery by running to Huber’s aid;
WHEREAS, Though Huber suffered five broken ribs, a punctured right lung and a broken collar bone, he recovered and survived because of Keeler's intervention;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby recognize Bill Keeler’s act of heroism; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Bill Keeler.
Senators Snyder and Jacobsen spoke to Senate Resolution 2001-8641.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Bill Keeler, who was seated on the rostrum.
MOTION
On motion of Senator Constantine, the following resolution was adopted:
SENATE RESOLUTION 2001-8664
By Senators Snyder, Constantine, Oke, Johnson, Sheldon, B., Spanel, Regala, Long, Shin, McAuliffe, Franklin, Jacobsen, Patterson, Prentice, Eide, Rasmussen and Kohl-Welles
WHEREAS, It is the practice of the Washington State Senate to honor extraordinary achievement in the field of athletics; and
WHEREAS, Since 1889, the University of Washington Huskies Football Team has maintained a winning legacy, the 2000-2001 being no exception to that tradition; and
WHEREAS, Through smart coaching and intense practice, the Huskies lost to only one team this year, earning the University of Washington the PAC-10 championship title and a chance to play in “The Granddaddy of ’Em All,” the Eighty Seventh Annual Rose Bowl on January 1; and
WHEREAS, Never losing their Rose Bowl lead, the Huskies, in their fourteenth Rose Bowl appearance, beat the favored Purdue University Boilermakers 34-24, snagging their seventh Rose Bowl title; and
WHEREAS, Filling every quarter of the game with his heroics, Husky Quarterback Marques “Tui” Tuiasosopo, who amassed 213 yards and returned to the game after being treated for a sprained shoulder, was named the Most Valuable Player of the 2001 Rose Bowl; and
WHEREAS, Demonstrating exceptional team spirit, the Huskies dedicated their win to their teammate, Safety No. 25 Curtis Williams, who has shown amazing strength and courage; and
WHEREAS, Coach Rick Neuheisel, who led his own college team to Rose Bowl victory in 1984, and his staff have exemplified leadership and commitment in achieving excellence while promoting unity through athletics; and
WHEREAS, Finishing the season with an 11-1 record, the Huskies rank third among NCAA football teams; and
WHEREAS, Because the Huskies beat the University of Miami, they should actually be ranked second among NCAA football teams;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, do hereby recognize and acknowledge the University of Washington’s commitment to athletic excellence; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to University of Washington Athletic Director Barbara Hedges and Football Coach Rick Neuheisel.
Senators Jacobsen, Patterson, Deccio, West, Hargrove, Brown, Oke and Regala spoke to Senate Resolution 2001-8664.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
Senator Pro Tempore Franklin assumed the Chair.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5274 with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.01.140 and 1996 c 315 s 1 are each amended to read as follows:
(1) The county auditor, if appointed by the director of licensing shall carry out the provisions of this title relating to the licensing of vehicles and the issuance of vehicle license number plates under the direction and supervision of the director and may with the approval of the director appoint assistants as special deputies and recommend subagents to accept applications and collect fees for vehicle licenses and transfers and to deliver vehicle license number plates.
(2) A county auditor appointed by the director may request that the director appoint subagencies within the county.
(a) Upon authorization of the director, the auditor shall ((advertise a request for proposals and use the process for soliciting vendors under RCW 39.04.190(2), except that the provision requiring the contract to be awarded to the lowest responsible bidder shall not apply)) use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants.
(b) A subagent may recommend a successor who is either the subagent's sibling, spouse, or child, or a subagency employee, as long as the recommended successor participates in the open, competitive process used to select an applicant. In making successor recommendation and appointment determinations, the following provisions apply:
(i) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers.
(ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment.
(iii) (a) and (b) of this subsection are intended to assist in the efficient transfer of appointments in order to minimize public inconvenience. They do not create a proprietary or property interest in the appointment.
(c) The auditor shall submit all proposals to the director, and shall recommend the appointment of one or more subagents who have applied through the ((request for proposal)) open competitive process. The auditor shall include in his or her recommendation to the director, not only the name of the successor who is a relative or employee, if applicable and if otherwise qualified, but also the name of one other applicant who is qualified and was chosen through the open competitive process. The director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by the department shall enter into a standard contract provided by the director, developed with the advice of the title and registration advisory committee.
(b) A subagent appointed under subsection (2) of this section shall enter into a standard contract with the county auditor, developed with the advice of the title and registration advisory committee. The director shall provide the standard contract to county auditors.
(c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable, the liability, of each party relating to the service expectations and levels, equipment to be supplied by the department, and equipment maintenance;
(ii) Require the specific type of insurance or bonds so that the state is protected against any loss of collected motor vehicle tax revenues or loss of equipment;
(iii) Specify the amount of training that will be provided by the state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to vehicle licensing activities as provided for in (d) of this subsection;
(v) Describe the causes and procedures for termination of the contract, which may include mediation and binding arbitration.
(d) The department shall develop procedures that will standardize and prescribe allowable costs that may be assigned to vehicle licensing and vessel registration and title activities performed by county auditors.
(e) The contracts may include any provision that the director deems necessary to ensure acceptable service and the full collection of vehicle and vessel tax revenues.
(f) The director may waive any provisions of the contract deemed necessary in order to ensure that readily accessible service is provided to the citizens of the state.
(4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law dealing with licenses, registration, or the right to operate any vehicle or vessel upon the public highways or waters of this state, excluding applicants already paying such fee under RCW 46.16.070 or 46.16.085, the applicant shall pay to the director, county auditor, or other agent a fee of three dollars for each application in addition to any other fees required by law.
(b) Counties that do not cover the expenses of vehicle licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by the department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made on requests found to be allowable from the licensing services account.
(c) Applicants for certificates of ownership, including applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or other agent a fee of four dollars in addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid to the county auditor as agent of the director, or if paid to a subagent of the county auditor, shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited to the county current expense fund. If the fee is paid to another agent of the director, the fee shall be used by the agent to defray his or her expenses in handling the application.
(e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional fifty cents, which must be collected and remitted to the state treasurer for deposit into the department of licensing services account of the motor vehicle fund. Revenue deposited into this account must be used for agent and subagent support, which is to include but not be limited to the replacement of department-owned equipment in the possession of agents and subagents.
(5) A subagent shall collect a service fee of (a) ((seven)) eight dollars and fifty cents for changes in a certificate of ownership, with or without registration renewal, or verification of record and preparation of an affidavit of lost title other than at the time of the title application or transfer and (b) three dollars and fifty cents for registration renewal only, issuing a transit permit, or any other service under this section.
(6) If the fee is collected by the state patrol as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund. All such fees collected by the director or branches of his office shall be certified to the state treasurer and deposited to the credit of the highway safety fund.
(7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures in subsection (3)(d) of this section, shall be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.
(8) The director may adopt rules to implement this section.", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
Senator Gardner moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5274.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Gardner that the Senate concur in the House amendment to Substitute Senate Bill No. 5274.
The motion by Senator Gardner carried on a rising vote and the Senate concurred in the House amendment to Substitute Senate Bill No. 5274.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5274, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5274, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Spanel, Swecker, Thibaudeau, West and Winsley - 45.
Voting nay: Senators Finkbeiner, McDonald and Morton - 3.
Excused: Senator Zarelli - 1.
SUBSTITUTE SENATE BILL NO. 5274, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 9, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5394 with the following amendment(s)
On page 1, beginning on line 6, strike all material through "judge." on line 10 and insert "A case in the superior court of any county may be tried by a judge pro tempore((, who must be)) either (1) with the agreement of the parties if the judge pro tempore is a member of the bar, who is agreed upon in writing by the parties litigant((,)) or their attorneys of record, and who is approved by the court((,)) and sworn to try the case; ((and his)) or (2) without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule. The supreme court rule must require assignments of judges pro tempore based on the judges' experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore. Such right shall be in addition to any other right provided under RCW 4.12.050.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Kline, the Senate refuses to concur in the House amendment to Engrossed Senate Bill No. 5394 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5790 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.61.522 and 1996 c 199 s 8 are each amended to read as follows:
(1) A person is guilty of vehicular assault if he or she operates or drives any vehicle:
(a) In a reckless manner((,)) and ((this conduct is the proximate cause of serious)) causes substantial bodily ((injury)) harm to another; or
(b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and ((this conduct is the proximate cause of serious)) causes substantial bodily ((injury)) harm to another; or
(c) With disregard for the safety of others and causes substantial bodily harm to another.
(2) (("Serious bodily injury" means bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
(3))) Vehicular assault is a class B felony punishable under chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has the same meaning as in RCW 9A.04.110.
Sec. 2. RCW 9.41.010 and 1997 c 338 s 46 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
(10) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(11) "Crime of violence" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;
(b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
(12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or
(o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
(13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.
(14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.
(16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
(17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.
Sec. 3. RCW 9.94A.030 and 2000 c 28 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.145, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.120(2)(b), 9.94A.650 through 9.94A.670, 9.94A.137, 9.94A.700 through 9.94A.715, or 9.94A.383, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.
(5) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.040, for crimes committed on or after July 1, 2000.
(6) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(7) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(8) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(9) "Confinement" means total or partial confinement.
(10) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.
(13) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(14) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(15) "Department" means the department of corrections.
(16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(17) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(18) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(19) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(20) "Earned release" means earned release from confinement as provided in RCW 9.94A.150.
(21) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(22) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(23) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(24) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(25) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(26) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(27) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual motivation;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.
(28) "Nonviolent offense" means an offense which is not a violent offense.
(29) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(30) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.
(31) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (31)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.
(32) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(33) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(34) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.
(35) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(36) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(37) "Sex offense" means:
(a) A felony that is a violation of:
(i) Chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) RCW 9A.64.020;
(iii) RCW 9.68A.090; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(38) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(39) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(40) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(41) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(42) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(43) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(44) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(45) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.135.
(46) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.137 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(47) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
Sec. 4. RCW 9.94A.320 and 2000 c 225 s 5, 2000 c 119 s 17, and 2000 c 66 s 2 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW 10.95.020)
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV Murder 2 (RCW 9A.32.050)
XIII Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Hit and Run--Death (RCW 46.52.020(4)(a))
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Theft of Anhydrous Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Involving a minor in drug dealing (RCW 69.50.401(f))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)
V Abandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
Stalking (RCW 9A.46.110)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Escape 1 (RCW 9A.76.110)
Hit and Run--Injury (RCW 46.52.020(4)(b))
Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Malicious Harassment (RCW 9A.36.080)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
III Abandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
Willful Failure to Return from Work Release (RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW 9A.48.080)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)". Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
Senator Kline moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 5709.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment to Engrossed Senate Bill No. 5790.
The motion by Senator Kline carried and the Senate concurred in the House amendment to Engrossed Senate Bill No. 5790.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No.5790, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5790, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder,Stevens, Spanel, Swecker, Thibaudeau, West and Winsley - 48.
Excused: Senator Zarelli - 1.
ENGROSSED SENATE BILL NO. 5790, as amended by the House, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Roman Abramovich, the Governor of the Russian Region of Chukotka, and his Advisor/Interpreter John Tichostsky, who were seated on the rostrum. The President also introduced other dignitaries accompanying the Governor, who were seated at the back of the Chamber.
With permission of the Senate, business was dispensed with to permit Governor Abramovich to address the Senate.
PERSONAL PRIVILEGE
Senator Rasmussen: “A point of personal privilege, Mr. President. Mr. President, I would like you and the rest of the Senate to really share
in the Governor’s presence here today. We are really deeply honored that he chose to come and visit with us. I would also like to mention at this time that Carol Vipperman who has served the state very well as the Trustee for The Evergreen State College, but she has, more importantly now, is President of the Foundation for the Russian American Economic Cooperation and she is just absolutely a wonderful person, but she has also taken over our agreement with OTED (Office of Trade and Economic Development) to participate and take over our trade office in Vladivostok. The Governor might be interested to know we are the only state that has a presence in all of Russia. We are extremely proud of the relationship we have with Carol Vipperman and her group.
“The Governor will be leaving at five o’clock today to go back and while he comes from Moscow, he really has the understanding, as we all do, of our young people’s education. Did you notice that his issues were the same as ours--Education, Energy and Transportation? Those are the things, Governor, that we are trying to get done before our session ends on Sunday. It doesn’t look like we are going to make it, but it wasn’t built in a day, so we have to do like you do. We draw from our natural resources and our human resources and we build an economy. We are all part of that relationship in doing that. We are certainly pleased that you chose to come and visit with us. I know you have been to Boeing, Alaskan Airlines and a lot of our many businesses in our state. While we provide apples, fruit, and all sorts of food for the Russian people--more importantly--or just as important--we provide the industrial and the technology that Russia needs--and your Province needs--in order to truly be a success in your economy. So, while we wish you well, we are very pleased that you are here and we do hope that you will come back. Thank you very much!”
PERSONAL PRIVILEGE
Senator Shin: “A point of personal privilege, Mr. President. Governor, on behalf of the Washington State Legislature, I, too, would like to welcome you to Washington State. Indeed, your country is a large and vast territory and Washington is a small state, but we feel a kinship towards you, because Washington and your country have a trade relationship. In the past, perhaps, there has been kind of an odd relationship, but today life has changed and we are friends and partners. We realize the importance of international trade between your country and our country and we welcome your visit. May your visit, today, continue to enrich the bilateral trade and relations between your country and our country. Therefore, I welcome you today. Thank you.”
REMARKS BY THE PRESIDENT
President Owen: “Thank you Governor Abramovich for visiting with us. We look forward to continuing our relationship, not only in business, but culture and education, as well. Thank you very much.”
President Pro Tempore Franklin assumed the Chair.
MOTION
On motion of Senator Eide, Senator Rasmussen was excused.
MESSAGE FROM THE HOUSE
April 17, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1325 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
Senator Patterson moved that the Senate refuse to recede from its amendment(s) to Substitute House Bill No. 1325, insists on its position and asks the House to concur therein.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Patterson to refuse to recede from the Senate amendment(s) to Substitute House Bill No. 1325, insists on its position and asks the House to concur therein.
The motion by Senator Patterson carried and the Senate refuses to recede from its amendment(s) to Substitute House Bill No. 1325, insists on its position and asks the House to concur therein.
President Owen assumed the Chair.
MESSAGE FROM THE HOUSE
April 9, 2001
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5852 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature declares its support for the executive order issued by the president of the United States in which it is stated that stopping or searching individuals on the basis of race is not an effective law enforcement policy, that it is inconsistent with democratic ideals, especially the commitment to equal protection under the law for all persons, and that it is neither legitimate nor defensible as a strategy for public protection.
(2) The legislature declares its support for the Washington association of sheriffs and police chiefs' recent resolution condemning racial profiling and reaffirming local law enforcement agencies' commitment to ensuring the public safety and the protection of civil liberties for all persons. The legislature further declares its support for the association's goal of implementing policing procedures that are fair, equitable, and constitutional.
(3) The legislature supports and encourages local law enforcement agencies' compliance with the recommendations of the Washington association of sheriffs and police chiefs regarding racial profiling. Local law enforcement agencies are encouraged to take actions to ensure that their practices do not enable or foster racial profiling. Such actions may include, but are not limited to: Adopting policies designed to prevent racial profiling; working with community minority groups to improve communication and understanding; training to ensure that legitimate police actions are not misperceived as racial profiling; establishing a citizen concern review process to address allegations of racial profiling; and reviewing data on traffic stops.
(4) The Washington association of sheriffs and police chiefs shall coordinate with the criminal justice training commission to ensure that issues related to racial profiling are addressed in basic law enforcement training and offered in regional training for in-service law enforcement officers at all levels."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Kline, the Senate refuses to concur in the House amendment to Senate Bill No. 5852 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 4, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5187 with the following amendment(s):
Beginning on page 3, line 37, strike everything through "agency." on page 4, line 3, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Kline, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5187 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5904 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 29.04 RCW to read as follows:
(1) Nothing in this title shall apply to conservation districts governed under chapter 89.08 RCW, unless a conservation district chooses to have its elections governed under this title.
(2) A conservation district choosing to have its elections governed under this title shall:
(a) Still be governed by other nonelection provisions of chapter 89.08 RCW;
(b) Still be governed by RCW 89.08.160(2); and
(c) Remain solely responsible for the costs of holding elections under this title.
(3) Any conservation district choosing to have its elections governed under this title shall make the choice and provide notice to any affected county auditors by May 1st in the year in which the election is to be conducted.
(4) Candidates and conservation district supervisors in districts that choose to have their elections governed under this title are subject to chapter 42.17 RCW. Candidates and conservation district supervisors in districts whose elections are governed under chapter 89.08 RCW are exempted from the requirements of chapter 42.17 RCW.
Sec. 2. RCW 89.08.160 and 1973 1st ex.s. c 184 s 17 are each amended to read as follows:
(1) If the commission finds the project practicable, it shall appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district.
(2) In all subsequent appointments, at least one appointed supervisor shall be a landowner or operator of a farm. In all subsequent elections, at least two elected supervisors shall be landowners or operators of farms.
(3) The two appointed supervisors shall file with the secretary of state a sworn application, reciting that a petition was filed with the commission for the creation of the district; that all required proceedings were had thereon; that they were appointed by the commission as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant.
(4) The application shall be accompanied by a statement of the commission, reciting that a petition was filed, notice issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election held on the question of creating the district; that a majority vote favored the district, and that the commission had determined the district practicable; and shall set forth the boundaries of the district.
Sec. 3. RCW 89.08.020 and 1999 c 305 s 1 are each amended to read as follows:
Unless the context clearly indicates otherwise, as used in this chapter:
(1) "Commission" and "state conservation commission" mean((s)) the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission"((;)).
(2) "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in chapter 184, Laws of 1973 1st ex. sess. All references in chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts"((;)).
(3) "Board" and "supervisors" mean the board of supervisors of a conservation district((;)).
(4) "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise((;)).
(5) "District elector" or "voter" means a registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition((;)).
(6) "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice((;)).
(7) "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space((;)).
(8) "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters.
(9) "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands".
(10) "Elected supervisor" means a member of the board of supervisors who is not appointed by the conservation commission and who is elected under section 1 of this act or under this chapter.
Sec. 4. RCW 89.08.400 and 1992 c 70 s 1 are each amended to read as follows:
For those districts that have chosen to conduct elections of supervisors pursuant to this chapter:
(1) Special assessments are authorized to be imposed for conservation districts as provided in this section. Activities and programs to conserve natural resources, including soil and water, are declared to be of special benefit to lands and may be used as the basis upon which special assessments are imposed.
(2)(a) Special assessments to finance the activities of a conservation district may be imposed by the county legislative authority of the county in which the conservation district is located for a period or periods each not to exceed ten years in duration.
The supervisors of a conservation district shall hold a public hearing on a proposed system of assessments prior to the first day of August in the year prior to which it is proposed that the initial special assessments be collected. At that public hearing, the supervisors shall gather information and shall alter the proposed system of assessments when appropriate, including the number of years during which it is proposed that the special assessments be imposed.
(b) On or before the first day of August in that year, the supervisors of a conservation district shall file the proposed system of assessments, indicating the years during which it is proposed that the special assessments shall be imposed, and a proposed budget for the succeeding year with the county legislative authority of the county within which the conservation district is located. The county legislative authority shall hold a public hearing on the proposed system of assessments. After the hearing, the county legislative authority may accept, or modify and accept, the proposed system of assessments, including the number of years during which the special assessments shall be imposed, if it finds that both the public interest will be served by the imposition of the special assessments and that the special assessments to be imposed on any land will not exceed the special benefit that the land receives or will receive from the activities of the conservation district. The findings of the county legislative authority shall be final and conclusive.
(c) Special assessments may be altered during this period on individual parcels in accordance with the system of assessments if land is divided or land uses or other factors change.
(d) Notice of the public hearings held by the supervisors and the county legislative authority shall be posted conspicuously in at least five places throughout the conservation district, and published once a week for two consecutive weeks in a newspaper in general circulation throughout the conservation district, with the date of the last publication at least five days prior to the public hearing.
(3) A system of assessments shall classify lands in the conservation district into suitable classifications according to benefits conferred or to be conferred by the activities of the conservation district, determine an annual per acre rate of assessment for each classification of land, and indicate the total amount of special assessments proposed to be obtained from each classification of lands. Lands deemed not to receive benefit from the activities of the conservation district shall be placed into a separate classification and shall not be subject to the special assessments. An annual assessment rate shall be stated as either uniform annual per acre amount, or an annual flat rate per parcel plus a uniform annual rate per acre amount, for each classification of land. The maximum annual per acre special assessment rate shall not exceed ten cents per acre. The maximum annual per parcel rate shall not exceed five dollars.
Public land, including lands owned or held by the state, shall be subject to special assessments to the same extent as privately owned lands. The procedures provided in chapter 79.44 RCW shall be followed if lands owned or held by the state are subject to the special assessments of a conservation district.
Forest lands used solely for the planting, growing, or harvesting of trees may be subject to special assessments if such lands benefit from the activities of the conservation district, but the per acre rate of special assessment on benefited forest lands shall not exceed one-tenth of the weighted average per acre assessment on all other lands within the conservation district that are subject to its special assessments. The calculation of the weighted average per acre special assessment shall be a ratio calculated as follows: (a) The numerator shall be the total amount of money estimated to be derived from the imposition of per acre special assessments on the nonforest lands in the conservation district; and (b) the denominator shall be the total number of nonforest land acres in the conservation district that receive benefit from the activities of the conservation district and which are subject to the special assessments of the conservation district. No more than ten thousand acres of such forest lands that is both owned by the same person or entity and is located in the same conservation district may be subject to the special assessments that are imposed for that conservation district in any year. Per parcel charges shall not be imposed on forest land parcels. However, in lieu of a per parcel charge, a charge of up to three dollars per forest landowner may be imposed on each owner of forest lands whose forest lands are subject to a per acre rate of assessment.
(4) A conservation district shall prepare an assessment roll that implements the system of assessments approved by the county legislative authority. The special assessments from the assessment roll shall be spread by the county assessor as a separate item on the tax rolls and shall be collected and accounted for with property taxes by the county treasurer. The amount of a special assessment shall constitute a lien against the land that shall be subject to the same conditions as a tax lien, collected by the treasurer in the same manner as delinquent real property taxes, and subject to the same interest rate and penalty as for delinquent property taxes. The county treasurer shall deduct an amount, as established by the county legislative authority, from the collected special assessments((, as established by the county legislative authority,)) to cover the costs incurred by the county assessor and county treasurer in spreading and collecting the special assessments, but not to exceed the actual costs of such work.
(5) The special assessments for a conservation district shall not be spread on the tax rolls and shall not be collected with property tax collections in the following year if, after the system of assessments has been approved by the county legislative authority but prior to the fifteenth day of December in that year, a petition has been filed with the county legislative authority objecting to the imposition of such special assessments, which petition has been signed by at least twenty percent of the owners of land that would be subject to the special assessments to be imposed for a conservation district.
NEW SECTION. Sec. 5. A new section is added to chapter 89.08 RCW to read as follows:
For those districts that have chosen to conduct elections of supervisors pursuant to Title 29 RCW:
(1) Special assessments are authorized to be imposed for conservation districts as provided in this section. Activities and programs to conserve natural resources, including soil and water, are declared to be of special benefit to lands and may be used as the basis upon which special assessments are imposed.
(2)(a) Special assessments to finance the activities of a conservation district may be imposed by the board of supervisors for a period or periods each not to exceed ten years in duration.
The supervisors of a conservation district shall hold a public hearing on a proposed system of assessments prior to the first day of August in the year prior to which it is proposed that the initial special assessments be collected. At that public hearing, the supervisors shall gather information and shall alter the proposed system of assessments when appropriate, including the number of years during which it is proposed that the special assessments be imposed.
(b) After the public hearing, if the board of supervisors finds that both the public interest will be served by the imposition of the special assessments and that the special assessments to be imposed on any land will not exceed the special benefit that the land receives or will receive from the activities of the conservation district, the board of supervisors shall impose the assessments.
(c) Special assessments may be altered during this period on individual parcels in accordance with the system of assessments if land is divided or land uses or other factors change.
(d) Notice of the public hearings held by the supervisors shall be posted conspicuously in at least five places throughout the conservation district, and published once a week for two consecutive weeks in a newspaper in general circulation throughout the conservation district, with the date of the last publication at least five days prior to the public hearing.
(3) A system of assessments shall classify lands in the conservation district into suitable classifications according to benefits conferred or to be conferred by the activities of the conservation district, determine an annual per acre rate of assessment for each classification of land, and indicate the total amount of special assessments proposed to be obtained from each classification of lands. Lands deemed not to receive benefit from the activities of the conservation district shall be placed into a separate classification and shall not be subject to the special assessments. An annual assessment rate shall be stated as either uniform annual per acre amount, or an annual flat rate per parcel plus a uniform annual rate per acre amount, for each classification of land. The maximum annual per acre special assessment rate shall not exceed ten cents per acre. The maximum annual per parcel rate shall not exceed five dollars.
Public land, including lands owned or held by the state, shall be subject to special assessments to the same extent as privately owned lands. The procedures provided in chapter 79.44 RCW shall be followed if lands owned or held by the state are subject to the special assessments of a conservation district.
Forest lands used solely for the planting, growing, or harvesting of trees may be subject to special assessments if such lands benefit from the activities of the conservation district, but the per acre rate of special assessment on benefited forest lands shall not exceed one-tenth of the weighted average per acre assessment on all other lands within the conservation district that are subject to its special assessments. The calculation of the weighted average per acre special assessment shall be a ratio calculated as follows: (a) The numerator shall be the total amount of money estimated to be derived from the imposition of per acre special assessments on the nonforest lands in the conservation district; and (b) the denominator shall be the total number of nonforest land acres in the conservation district that receive benefit from the activities of the conservation district and which are subject to the special assessments of the conservation district. No more than ten thousand acres of such forest lands that is both owned by the same person or entity and is located in the same conservation district may be subject to the special assessments that are imposed for that conservation district in any year. Per parcel charges shall not be imposed on forest land parcels. However, in lieu of a per parcel charge, a charge of up to three dollars per forest landowner may be imposed on each owner of forest lands whose forest lands are subject to a per acre rate of assessment.
(4) A conservation district shall prepare an assessment roll that implements the system of assessments approved by the board of supervisors. The special assessments from the assessment roll shall be spread by the county assessor as a separate item on the tax rolls and shall be collected and accounted for with property taxes by the county treasurer. The amount of a special assessment shall constitute a lien against the land that shall be subject to the same conditions as a tax lien, collected by the treasurer in the same manner as delinquent real property taxes, and subject to the same interest rate and penalty as for delinquent property taxes. The county treasurer shall deduct an amount, as established by the county legislative authority, from the collected special assessments to cover the costs incurred by the county assessor and county treasurer in spreading and collecting the special assessments, but not to exceed the actual costs of such work.
(5) The special assessments for a conservation district shall not be spread on the tax rolls and shall not be collected with property tax collections in the following year if, after the system of assessments has been approved by the board of supervisors, but prior to the fifteenth day of December in that year, a petition has been filed with the board of supervisors objecting to the imposition of such special assessments, which petition has been signed by at least twenty percent of the owners of land that would be subject to the special assessments to be imposed for a conservation district.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "supervisors;" strike the remainder of the title and insert "amending RCW 89.08.160, 89.08.020, and 89.08.400; adding a new section to chapter 29.04 RCW; adding a new section to chapter 89.08 RCW; and declaring an emergency.", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Morton, the Senate refuses to concur in the House amendments to Engrossed Substitute Senate Bill No. 5904 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5430 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds the following:
(a) Alopecia areata and its variants, alopecia totalis and alopecia universalis, are common, noncontagious diseases that affect an estimated two million Americans. They are diseases of the hair follicle with results ranging from large patches of baldness to the total loss of all body hair. This hair loss can be acute and short-lived, occurring in just days or weeks, or chronic with years of regrowth in some sites and progression to new sites.
(b) Alopecia areata and its variants are associated with an alteration in the immunological system, but their cause is unknown.
(c) The use of cranial hair prostheses may provide relief to children with alopecia areata, totalis, and universalis.
(2) It is the intent of the legislature to provide relief to the children who are victims of alopecia areata, totalis, and universalis.
NEW SECTION. Sec. 2. A new section is added to chapter 43.20A RCW to read as follows:
Within appropriated funds, the department of social and health services shall establish a program within the department to provide payment for cranial hair prostheses for patients under eighteen years of age suffering from alopecia areata, totalis, or universalis, provided that such services are delivered upon the recommendation of the patient's physician, advanced registered nurse practitioner as authorized by the nursing care quality assurance commission pursuant to chapter 18.79 RCW, or physician assistant pursuant to chapter 18.71A RCW.
NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Costa, the Senate refuses to concur in the House amendments to Senate Bill No. 5430 and asks the House to recede
therefrom.
MOTIONS
On motion of Senator Eide, Senators Brown, Haugen and Snyder were excused.
On motion of Senator Hewitt, Senators Hochstatter, Johnson and Rossi were excused.
MESSAGE FROM THE HOUSE
April 9, 2001
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5703 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.22.335 and 1999 c 22 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.22.340 through 43.22.420.
(1)(("Park trailer" means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers.
(2) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
(3))) "Conversion vendor units" means a motor vehicle or recreational vehicle that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be less than eight feet six inches wide in the set-up position and the inside working area must be less than forty feet in length.
(((4))) (2) "Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).
(3) "Medical unit" means a self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles.
(4) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.
(5) "Park trailer" means a park trailer as defined in the American national standards institute A119.5 standard for park trailers.
(6) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
Sec. 2. RCW 43.22.420 and 1999 c 22 s 9 are each amended to read as follows:
There is hereby created a factory assembled structures advisory board consisting of nine members to be appointed by the director of labor and industries. It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including but not limited to standards of body and frame design, construction and plumbing, heating and electrical installations, minimum inspection procedures, the adoption of rules pertaining to the manufacture of factory assembled structures, ((mobile)) manufactured homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and park trailers. The advisory board shall periodically review the rules adopted under RCW 43.22.450 through 43.22.490 and shall recommend changes of such rules to the department if it deems changes advisable.
The members of the advisory board shall be representative of consumers, the regulated industries, and allied professionals. The term of each member shall be four years. However, the director may appoint the initial members of the advisory board to staggered terms not exceeding four years.
The chief inspector or any person acting as chief inspector for the factory assembled structures, manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and park trailer section shall serve as secretary of the board during his tenure as chief. Meetings of the board shall be called at the discretion of the director of labor and industries, but at least quarterly. Each member of the board shall be paid travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the appropriation to the department of labor and industries, upon vouchers approved by the director of labor and industries or his or her designee.
Sec. 3. RCW 43.22.431 and 1977 ex.s. c 21 s 1 are each amended to read as follows:
The director of the department of labor and industries may enforce ((mobile)) manufactured home safety and construction standards adopted by the secretary of housing and urban development under the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United States government and private inspection organizations to implement the development and enforcement of applicable provisions of this chapter and the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426).
Sec. 4. RCW 43.22.432 and 1977 ex.s. c 21 s 2 are each amended to read as follows:
(1) The department may adopt all standards and regulations adopted by the secretary under the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) for ((mobile)) manufactured home construction and safety standards. If any deletions or amendments to the federal standards or regulations are thereafter made and notice thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state under this chapter after the expiration of thirty days from publication in the federal register of a final order describing the deletions or amendments unless within that thirty day period the department objects to the deletion or amendment. In case of objection, the department shall proceed under the rule making procedure of chapter 34.05 RCW.
(2) The department shall adopt rules with respect to manufactured homes installed in accordance with the standards adopted under RCW 43.22.440 that:
(a) Specify exemptions from a requirement for a permit to alter a manufactured home;
(b) Authorize the granting of variances from the rules adopted under this section for alterations that use materials, designs, or methods of construction different from those required under the rules adopted under this section; and
(c) Require the seller of a manufactured home to deliver to the buyer prior to the sale a completed property transfer disclosure statement that includes all the criteria specified in RCW 64.06.020 and a copy of a variance, if any, granted under the rules adopted under this section. Nothing in this chapter shall be construed to prohibit the sale of a manufactured home that was altered unless the alteration makes the home unsafe so that its use may constitute a hazard to life, safety, or health.
Sec. 5. RCW 43.22.434 and 1999 c 22 s 10 are each amended to read as follows:
(1) The director or the director's authorized representative may conduct such inspections, investigations, and audits as may be necessary to adopt or enforce manufactured and mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this chapter or to carry out the director's duties under this chapter.
(2) For purposes of enforcement of this chapter, persons duly designated by the director upon presenting appropriate credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter any factory, warehouse, or establishment in which manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;
(b) At reasonable times, within reasonable limits, and in a reasonable manner inspect any factory, warehouse, or establishment as required to comply with the standards adopted by the secretary of housing and urban development under the national ((Mobile)) manufactured home construction and safety standards act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending unit or medical unit, inspect an alteration.
(3) The department shall set a schedule of fees by rule which will cover the costs incurred by the department in the administration of RCW 43.22.335 through 43.22.490.
Sec. 6. RCW 43.22.440 and 1988 c 239 s 5 are each amended to read as follows:
(1) The legislature finds that inspections of manufactured and mobile home installation are not done on a consistent basis. Manufactured and mobile homes provide housing for many people in the state, and improperly installed manufactured or mobile homes are a serious health and safety risk. Where possible and practical, manufactured and mobile homes should be treated the same as any housing inhabited or to be inhabited by persons in this state, including housing built according to the state building code.
(2) In consultation with the factory assembled structures advisory board for ((mobile)) manufactured homes, the director of labor and industries shall by rule establish uniform standards for the performance and workmanship of installation service and warranty service by persons or entities engaged in performing the services within this state for all manufactured and mobile homes, as defined in RCW 46.04.302. The standards shall conform, where applicable, with statutes, rules, and recommendations established under the ((federal)) national ((mobile)) manufactured home construction and safety standards act of 1974 (42 U.S.C. Sec. 5401 et seq.). These rules regarding the installation of manufactured and mobile homes shall be enforced and fees charged by the counties and cities in the same manner the state building code is enforced under RCW 19.27.050.
(3) In addition to and in conjunction with the remedies provided in this chapter, failure to remedy any breach of the standards and rules so established, upon adequate notice and within a reasonable time, is a violation of the consumer protection act, chapter 19.86 RCW and subject to the remedies provided in that chapter.
Sec. 7. RCW 43.22.442 and 1980 c 153 s 2 are each amended to read as follows:
A manufacturer of ((mobile)) manufactured homes who designates a representative within this state to provide consumers with warranty service for ((mobile)) manufactured homes on behalf of the manufacturer shall make reasonable and timely compensation to the representative for performance of the warranty service.
Sec. 8. RCW 43.22.450 and 1973 1st ex.s. c 22 s 1 are each amended to read as follows:
Whenever used in RCW 43.22.450 through 43.22.490:
(1) "Department" means the Washington state department of labor and industries;
(2) "Approved" means approved by the department;
(3) "Factory built housing" means any structure designed primarily for human occupancy other than a manufactured or mobile home the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site;
(4) "Install" means the assembly of factory built housing or factory built commercial structures at a building site;
(5) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory built commercial structure is installed or is to be installed;
(6) "Local enforcement agency" means any agency of the governing body of any city or county which enforces laws or ordinances governing the construction of buildings;
(7) "Commercial structure" means a structure designed or used for human habitation, or human occupancy for industrial, educational, assembly, professional or commercial purposes.
NEW SECTION. Sec. 9. (1) A joint legislative task force is created to review chapter 43.22 RCW as it pertains to the regulation of manufactured and mobile homes. The task force membership shall consist of:
(a) One member from each caucus of the senate labor, commerce and financial institutions committee, appointed by the president of the senate;
(b) One member from each caucus of the house commerce and labor committee, appointed by the co-speakers of the house of representatives;
(c) Representatives of the mobile/manufactured homeowners, mobile/manufactured home mortgage lenders, mobile/manufactured home manufacturers and retailers, realtors, business and labor representatives of the electrical and plumbing trades, and other state or local government agencies as appropriate, appointed jointly by the president of the senate and the co-speakers of the house of representatives; and
(d) A representative of the department of labor and industries. The department shall cooperate with the task force and provide such technical expertise as the task force co-chairs may reasonably require.
(2) The task force shall choose its co-chairs from among its membership.
(3) The study shall review at least the following issues:
(a) The fact that many mobile/manufactured homeowners have performed alterations or repairs to their homes without obtaining the required permits with the result that potential buyers may be unable to obtain mortgage financing from the usual sources;
(b) The costs associated with obtaining required permits, particularly on those occasions when an engineering analysis is required;
(c) The possibility of reducing the number and type of repairs and alterations that require a permit, consistent with public health and safety considerations;
(d) The appropriateness of the current legal sanction for not obtaining a permit when required;
(e) The feasibility and desirability of allowing for inspections of mobile/manufactured home alterations by local building officials; and
(f) Any methods, procedures, or changes in the law that can assist mobile/manufactured homeowners in the proper and economical maintenance and improvement of their homes, and the protection of their equity.
(4) The task force shall use legislative facilities and staff from senate committee services and the office of program research. Each nonlegislative member of the task force is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. All expenses of the task force, including travel, shall be paid jointly by the senate and the house of representatives.
(5) The task force shall report its findings and recommendations to the legislature by January 1, 2002.
(6) This section expires April 1, 2002.
NEW SECTION. Sec. 10. This act applies to manufactured homes without regard to the date such homes may have been altered."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5703.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5703, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5703, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 41.
Excused: Senators Brown, Haugen, Hochstatter, Johnson, Rasmussen, Rossi, Snyder, and Zarelli - 8.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 12, 2001
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5910 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.14.140 and 1998 c 258 s 1 are each amended to read as follows:
(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States during military crisis;
(c) Nonvoluntary service in the armed forces of the United States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas;
(g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitation and temperature, that warranted the reduction in water use, so long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right;
(h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes;
(i) Water conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103-434;
(j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawal of water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientific community; or
(k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be relinquished if the remaining portion of the water continues to be beneficially used.
(2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:
(a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW;
(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply;
(c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later;
(d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW;
(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030; or
(f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
Senator Fraser moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5910.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Fraser that the Senate concur in the House amendment to Substitute Senate Bill No. 5910.
The motion by Senator Fraser carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5910.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5910, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5910, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 42.
Excused: Senators Brown, Haugen, Hochstatter, Rasmussen, Rossi, Snyder, and Zarelli - 7.
SUBSTITUTE SENATE BILL NO. 5910, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senators Kline and McAuliffe were excused.
MESSAGE FROM THE HOUSE
April 17, 2001
MR. PRESIDENT:
Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 5443 was returned to second reading for purpose of an amendment and the House passed the bill with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.65.160 and 2000 c 107 s 37 are each amended to read as follows:
(1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 77.70.090 may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 77.95.090 are:
Fishery Resident Nonresident Surcharge
License Fee Fee
(a) Salmon Gill Net--Grays $380 $685 plus $100
Harbor-Columbia river
(b) Salmon Gill Net--Puget $380 $685 plus $100
Sound
(c) Salmon Gill Net--Willapa $380 $685 plus $100
Bay-Columbia river
(d) Salmon purse seine $530 $985 plus $100
(e) Salmon reef net $380 $685 plus $100
(f) Salmon troll $380 $685 plus $100
(2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 77.65.100.
(3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department.
(4) A salmon troll license includes a salmon delivery license.
(5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings:
(a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.
(b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.
(c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.
(6) A commercial salmon troll fishery license may be renewed under this section if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department ((by August 1st)) before the third Monday in September of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge before the third Monday in September, in order to be considered a valid renewal and eligible to renew the license the following year.
(7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person who holds a resident commercial salmon fishery license shall pay an annual license fee of one hundred dollars plus the surcharge if all of the following conditions are met:
(a) The license holder is at least seventy-five years of age;
(b) The license holder owns a fishing vessel and has fished with a resident commercial salmon fishery license for at least thirty years;
and
(c) The commercial salmon fishery license is for a geographical area other than the Puget Sound.
An alternate operator may not be designated for a license renewed at the one hundred dollar annual fee under this subsection (7).
Sec. 2. RCW 77.65.030 and 1993 c 340 s 3 are each amended to read as follows:
The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The application deadline in this section does not apply to a license or permit that has not been renewed because of the death of the license or permit holder. The license or permit holder's surviving spouse, estate, or estate beneficiary must be given a reasonable opportunity to renew the license or permit.
Sec. 3. RCW 77.65.070 and 1996 c 267 s 27 are each amended to read as follows:
(1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department.
(2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter.
(3) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees. In accordance with RCW 77.65.030, the department must provide a license or permit holder's surviving spouse, estate, or estate beneficiary a reasonable opportunity to renew the license or permit."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Spanel, the Senate concurred in the House amendment to Substitute Senate Bill No. 5443.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5443, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5443, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 40.
Excused: Senators Brown, Haugen, Hochstatter, Johnson, Kline, McAuliffe, Rossi, Snyder and Zarelli - 9.
SUBSTITUTE SENATE BILL NO. 5443, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Honeyford, Senator Swecker was excused.
MESSAGE FROM THE HOUSE
April 17, 2001
MR. PRESIDENT:
The House concurs in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1094 on page 2, line 10, and ruled the amendment on page 2, line 30, outside the scope and object and refuses to concur in said amendment and asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Thibaudeau, the Senate receded from the amendment on page 2, line 30, to Substitute House Bill No. 1094.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1094, without the Senate amendment on page 2, line, 30, but with the Senate amendment on page 2, line 10.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1094, as amended by the Senate, and the bill passed the Senate with the amendment on page 2, line 10, but without the amendment on page 2, line 30, by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli- 39.
Absent: Senator Horn - 1.
Excused: Senators Brown, Haugen, Hochstatter, Johnson, Kline, McAuliffe, Rossi, Snyder and Swecker - 9.
SUBSTITUTE HOUSE BILL NO. 1094, as amended by the Senate on page 2, line 10, but without the amendment on page 2, line 30, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senator Zarelli was excused.
MESSAGE FROM THE HOUSE
April 17, 2001
MR. PRESIDENT:
Under suspension of the rules ENGROSSED SUBSTITUTE SENATE BILL NO. 5583 was returned to second reading for purpose of an amendment and the House passed the bill with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature affirms its support for those recommendations of the performance audit of the public mental health system conducted by the joint legislative audit and review committee relating to: Improving the coordination of services for clients with multiple needs; improving the consistency of client, service, and fiscal data collected by the mental health division; replacing process-oriented accountability activities with a uniform statewide outcome measurement system; and using outcome information to identify and provide incentives for best practices in the provision of public mental health services.
NEW SECTION. Sec. 2. The legislature supports recommendations 1 through 10 and 12 through 14 of the mental health system performance audit conducted by the joint legislative audit and review committee. The legislature expects the department of social and health services to work diligently within available funds to implement these recommendations.
NEW SECTION. Sec. 3. In addition to any follow-up requirements prescribed by the joint legislative audit and review committee, the department of social and health services shall submit reports to the legislature on the status of the implementation of recommendations 1 through 10 and 12 through 14 of the performance audit report. The implementation status reports must be submitted to appropriate policy and fiscal committees of the legislature by June 1, 2001, and each year thereafter through 2004.
NEW SECTION. Sec. 4. The initial implementation status reports must discuss the status of implementing recommendations 1 through 8, which are due to be implemented by June 2001, and must also include a plan for implementing recommendations 9, 10, and 12 through 14, which are due to be implemented subsequent to June 2001. The initial implementation status report must also discuss what actions the department of social and health services has taken and will take in the future in response to recommendation 11 of the performance audit report.
NEW SECTION. Sec. 5. The Washington institute for public policy shall conduct a longitudinal study of long-term client outcomes to assess any changes in client status at two, five, and ten years. The measures tracked shall include client change as a result of services, employment and/or education, housing stability, criminal justice involvement, and level of services needed. The institute shall report these long-term outcomes to the appropriate policy and fiscal committee of the legislature annually beginning not later than December 31, 2005.
Sec. 6. RCW 71.24.015 and 1999 c 214 s 7 are each amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs which provide for:
(1) Access to mental health services for adults of the state who are acutely mentally ill, chronically mentally ill, or seriously disturbed and children of the state who are acutely mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental health services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;
(2) Accountability of efficient and effective services through statewide standards for monitoring and reporting of client and system outcome information;
(3) Minimum service delivery standards;
(4) Priorities for the use of available resources for the care of the mentally ill;
(5) Coordination of services within the department, including those divisions within the department that provide services to children, between the department and the office of the superintendent of public instruction, and among state mental hospitals, county authorities, community mental health services, and other support services, which shall to the maximum extent feasible also include the families of the mentally ill, and other service providers; and
(6) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders. The legislature intends to encourage the development of county-based and county-managed mental health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter into joint operating agreements with other counties to form regional systems of care which integrate planning, administration, and service delivery duties assigned to counties under chapters 71.05 and 71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs.
It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers.
Sec. 7. RCW 71.24.035 and 1999 c 10 s 4 are each amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary may provide for public, client, and licensed service provider participation in developing the state mental health program.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the county authority if a county fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that incorporates county biennial needs assessments and county mental health service plans and state services for mentally ill adults and children. The secretary may also develop a six-year state mental health plan;
(b) Assure that any county community mental health program provides access to treatment for the county's residents in the following order of priority: (i) The acutely mentally ill; (ii) chronically mentally ill adults and severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for mentally ill persons which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in mentally ill persons becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers;
(ii) Regional support networks; and
(iii) Residential and inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent with state minimum standards, which shall be used by the counties;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of county authorities and licensed service providers;
(g) Develop and maintain an information system to be used by the state, counties, and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.400, 71.05.410, 71.05.420, 71.05.430, and 71.05.440;
(h) License service providers who meet state minimum standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically inspect certified regional support networks and licensed service providers at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit counties, regional support networks, and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter; and
(m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter.
(6) The secretary shall use available resources only for regional support networks.
(7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13)(a) The department, in consultation with affected parties, shall establish a distribution formula that reflects county needs assessments based on the number of persons who are acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed. The formula shall take into consideration the impact on counties of demographic factors in counties which result in concentrations of priority populations as set forth in subsection (5)(b) of this section. These factors shall include the population concentrations resulting from commitments under chapters 71.05 and 71.34 RCW to state psychiatric hospitals, as well as concentration in urban areas, at border crossings at state boundaries, and other significant demographic and workload factors.
(b) The formula shall also include a projection of the funding allocations that will result for each county, which specifies allocations according to priority populations, including the allocation for services to children and other underserved populations.
(c) After July 1, 2003, the department may allocate up to two percent of total funds to be distributed to the regional support networks for incentive payments to reward the achievement of superior outcomes, or significantly improved outcomes, as measured by a statewide performance measurement system consistent with the framework recommended in the joint legislative audit and review committee's performance audit of the mental health system. The department shall annually report to the legislature on its criteria and allocation of the incentives provided under this subsection.
(14) The secretary shall assume all duties assigned to the nonparticipating counties under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties under regional support networks.
The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.
(c) Allocate one hundred percent of available resources to the regional support networks in accordance with subsection (13) of this section. Incentive payments authorized under subsection (13) of this section may be allocated separately from other available resources.
(d) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(e) Deny funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases, regional support networks shall have full rights to appeal under chapter 34.05 RCW.
(f) Identify in its departmental biennial operating and capital budget requests the funds requested by regional support networks to implement their responsibilities under this chapter.
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the health care and corrections committee of the senate and the human services committee of the house of representatives.
(17) The secretary shall establish a task force to examine the recruitment, training, and compensation of qualified mental health professionals in the community, which shall include the advantages and disadvantages of establishing a training academy, loan forgiveness program, or educational stipends offered in exchange for commitments of employment in mental health.
NEW SECTION. Sec. 8. The legislature finds that an excessive amount of public funds are spent on administrative activities in the community mental health system. The department of social and health services shall develop a plan to reduce administrative expenses in the community mental health system, including the mental health division, to no more than ten percent of available funds. The plan shall identify and prioritize core administrative functions that must be continued to comply with federal or state statutes. The department shall submit their plan to the appropriate committees of the senate and house of representatives no later than December 15, 2001. The plan shall assume an implementation date of July 1, 2003.
NEW SECTION. Sec. 9. If specific funding for the purposes of section 5 of this act, referencing section 5 of this act by bill or chapter and section number, is not provided by June 30, 2001, in the omnibus appropriations act, section 5 of this act is null and void.
NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Long, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5583.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5583, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5583, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West and Winsley - 42.
Excused: Senators Brown, Haugen, Johnson, Rossi, Snyder, Swecker and Zarelli - 7.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5583, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 16, 2001
MR. PRESIDENT:
The House refused to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1650 asks the Senate to recede therefrom and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Long, the Senate receded from its amendment(s) to Substitute House Bill No. 1650.
MOTION
On motion of Senator Long, the rules were suspended, Substitute House Bill No. 1650 be returned to second reading and read the second time.
MOTION
On motion of Senator Long, the following striking amendment by Senators Long and Hargrove was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.24.015 and 1999 c 214 s 7 are each amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs which provide for:
(1) Access to mental health services for adults of the state who are acutely mentally ill, chronically mentally ill, or seriously disturbed and children of the state who are acutely mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental health services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;
(2) Accountability of efficient and effective services through state of the art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness;
(3) Minimum service delivery standards;
(4) Priorities for the use of available resources for the care of the mentally ill consistent with the priorities defined in the statute;
(5) Coordination of services within the department, including those divisions within the department that provide services to children, between the department and the office of the superintendent of public instruction, and among state mental hospitals, county authorities, community mental health services, and other support services, which shall to the maximum extent feasible also include the families of the mentally ill, and other service providers; and
(6) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders. The legislature intends to encourage the development of county-based and county-managed mental health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter into joint operating agreements with other counties to form regional systems of care which integrate planning, administration, and service delivery duties assigned to counties under chapters 71.05 and 71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs.
It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers.
NEW SECTION. Sec. 2. A new section is added to chapter 71.24 RCW to read as follows:
The department shall operate the community mental health service delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for mental health services, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the department each year in the biennial appropriations act to carry out the provisions of the community mental health service delivery system authorized in this chapter.
(2) The department may expend funds defined in subsection (1) of this section in any manner that will effectively accomplish the outcome measures defined in section 5 of this act.
(3) The department shall implement strategies that accomplish the outcome measures identified in section 5 of this act that are within the funding constraints in this section.
(4) The department shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 71.24 RCW to read as follows:
(1) The department shall ensure the coordination of allied services for mental health clients. The department shall implement strategies for resolving organizational, regulatory, and funding issues at all levels of the system, including the state, the regional support networks, and local service providers.
(2) The department shall propose, in operating budget requests, transfers of funding among programs to support collaborative service delivery to persons who require services from multiple department programs. The department shall report annually to the appropriate committees of the senate and house of representatives on actions and projects it has taken to promote collaborative service delivery.
NEW SECTION. Sec. 4. A new section is added to chapter 71.24 RCW to read as follows:
It is the intent of the legislature that the community mental health service delivery system focus on maintaining mentally ill individuals in the community. The program shall be evaluated and managed through a limited number of performance measures designed to hold each regional support network accountable for program success.
NEW SECTION. Sec. 5. A new section is added to chapter 71.24 RCW to read as follows:
(1) The department, in collaboration with a work group appointed by the secretary and made up of consumers, advocates, service providers, and representatives of regional support networks, shall develop performance measures for use in evaluating and managing the community mental health service delivery system authorized under this chapter. The performance measures shall be consistent with the provisions of RCW 71.24.405(3) which may include but are not limited to:
(a) Access to services;
(b) Quality and appropriateness of care;
(c) Outcome measures; including, but not limited to:
(i) Consumer change over time;
(ii) Consumer perception of hope for the future;
(iii) Percent of consumers who have safe and stable housing;
(iv) Percent of adults employed for one or more days in the last thirty days;
(v) Percent of consumers without a jail or detention stay;
(vi) Percent of available school days attended in the past thirty days;
(vii) Percent of consumers without a psychiatric hospitalization; and
(d) Structure and plan management.
(2) The department shall require that service providers and regional support networks collect uniform performance measure information and report it to the department regularly. The department shall develop benchmarks that compare performance measure information from all regional support networks and providers to provide a clear indication of the most effective regional support networks and providers. Benchmark information shall be published quarterly and provided to the legislature, the governor, regional support networks, and all providers of mental health services.
NEW SECTION. Sec. 6. A new section is added to chapter 71.24 RCW to read as follows:
Every regional support network and mental health services provider shall be evaluated using the criteria in section 5 of this act.
NEW SECTION. Sec. 7. A new section is added to chapter 71.24 RCW to read as follows:
The department shall provide a report to the appropriate committees of the legislature on the development, implementation, and achievement of the performance measures by regional support networks and service providers on an annual basis, no later than June 30th of each year, beginning in 2002. The report shall include how the department is using the outcome measure information obtained under section 5 of this act to manage the community mental health service delivery system.
Sec. 8. RCW 71.24.025 and 1999 c 10 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose of providing community mental health programs under RCW 71.24.045, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(((d))) (e).
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(5) "Community mental health program" means all mental health services, activities, or programs using available resources.
(6) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.
(7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at ((least)) a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, and other services determined by regional support networks((, and maintenance of a patient tracking system for chronically mentally ill adults and severely emotionally disturbed children)).
(8) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(9) "Department" means the department of social and health services.
(10) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.
(11) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.
(12) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (17), and (18) of this section.
(13) "Regional support network" means a county authority or group of county authorities recognized by the secretary that enter into joint operating agreements to contract with the secretary pursuant to this chapter.
(14) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.
(15) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Acutely mentally ill adults and children; (b) chronically mentally ill adults; (c) severely emotionally disturbed children; or (d) seriously disturbed adults determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to county-designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.
(16) "Secretary" means the secretary of social and health services.
(17) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(18) "Severely emotionally disturbed child" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(19) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.
(20) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.
Sec. 9. RCW 71.24.030 and 1999 c 10 s 3 are each amended to read as follows:
The secretary is authorized to make grants to and/or purchase services from counties or combinations of counties in the establishment and operation of community mental health programs.
Sec. 10. RCW 71.24.035 and 1999 c 10 s 4 are each amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary ((may)) shall provide for public, client, and licensed service provider participation in developing the state mental health program, developing contracts with regional support networks, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the county authority if a county fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that incorporates county biennial needs assessments and county mental health service plans and state services for mentally ill adults and children. The secretary may also develop a six-year state mental health plan;
(b) Assure that any regional or county community mental health program provides access to treatment for the county's residents in the following order of priority: (i) The acutely mentally ill; (ii) chronically mentally ill adults and severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for mentally ill persons which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in mentally ill persons becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;
(ii) Regional support networks; and
(iii) ((Residential and)) Inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent with state minimum standards, which shall be used ((by the)) in contracting with regional support networks or counties. The standard contract shall include a maximum fund balance, which shall not exceed ten percent;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of county authorities and licensed service providers. The audit procedure shall focus on the outcomes of service and not the processes for accomplishing them;
(g) Develop and maintain an information system to be used by the state, counties, and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.400, 71.05.410, 71.05.420, 71.05.430, and 71.05.440. The design of the system and the data elements to be collected shall be reviewed by the work group appointed by the secretary under section 5(1) of this act and representing the department, regional support networks, service providers, consumers, and advocates. The data elements shall be designed to provide information that is needed to measure performance and achieve the service outcomes identified in section 5 of this act;
(h) License service providers who meet state minimum standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically ((inspect)) monitor the compliance of certified regional support networks and their network of licensed service providers for compliance with the contract between the department, the regional support network, and federal and state rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit counties, regional support networks, and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter; and
(m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter.
(6) The secretary shall use available resources only for regional support networks.
(7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13)(a) The department, in consultation with affected parties, shall establish a distribution formula that reflects county needs assessments based on the number of persons who are acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed. The formula shall take into consideration the impact on counties of demographic factors in counties which result in concentrations of priority populations as set forth in subsection (5)(b) of this section. These factors shall include the population concentrations resulting from commitments under chapters 71.05 and 71.34 RCW to state psychiatric hospitals, as well as concentration in urban areas, at border crossings at state boundaries, and other significant demographic and workload factors.
(b) The formula shall also include a projection of the funding allocations that will result for each county, which specifies allocations according to priority populations, including the allocation for services to children and other underserved populations.
(14) The secretary shall assume all duties assigned to the nonparticipating counties under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties under regional support networks.
The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.
(c) Allocate one hundred percent of available resources to the regional support networks in accordance with subsection (13) of this section.
(d) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(e) Deny funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases, regional support networks shall have full rights to appeal under chapter 34.05 RCW.
(((f) Identify in its departmental biennial operating and capital budget requests the funds requested by regional support networks to implement their responsibilities under this chapter.))
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the ((health care and corrections)) appropriate committees of the senate and the ((human services committee of the)) house of representatives.
(((17) The secretary shall establish a task force to examine the recruitment, training, and compensation of qualified mental health professionals in the community, which shall include the advantages and disadvantages of establishing a training academy, loan forgiveness program, or educational stipends offered in exchange for commitments of employment in mental health.))
Sec. 11. RCW 71.24.037 and 1999 c 10 s 5 are each amended to read as follows:
(1) The secretary shall by rule establish state minimum standards for licensed service providers and services.
(2) Minimum standards for licensed service providers shall, at a minimum, establish: Qualifications for staff providing services directly to mentally ill persons, the intended result of each service, and the rights and responsibilities of persons receiving mental health services pursuant to this chapter. The secretary shall provide for deeming of licensed service providers as meeting state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department.
(3) ((Minimum standards for residential services shall be based on clients' functional abilities and not solely on their diagnoses, limited to health and safety, staff qualifications, and program outcomes. Minimum standards for residential services shall be developed in collaboration with consumers, families, counties, regulators, and residential providers serving the mentally ill. The minimum standards shall encourage the development of broad-range residential programs, including integrated housing and cross-systems programs where appropriate, and shall not unnecessarily restrict programming flexibility.
(4))) Minimum standards for community support services and resource management services shall include at least qualifications for resource management services, client tracking systems, and the transfer of patient information between service providers.
Sec. 12. RCW 71.24.045 and 1992 c 230 s 5 are each amended to read as follows:
The county authority shall:
(1) Contract as needed with licensed service providers. The county authority may, in the absence of a licensed service provider entity, become a licensed service provider entity pursuant to minimum standards required for licensing by the department for the purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service provider if it deems that doing so is more efficient and cost effective than contracting for services. When doing so, the county authority shall comply with rules promulgated by the secretary that shall provide measurements to determine when a county provided service is more efficient and cost effective;
(3) Monitor and perform biennial fiscal audits of licensed service providers who have contracted with the county to provide services required by this chapter. The monitoring and audits shall be performed by means of a formal process which insures that the licensed service providers and professionals designated in this subsection meet the terms of their contracts((, including the minimum standards of service delivery as established by the department));
(4) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this chapter;
(5) Maintain patient tracking information in a central location as required for resource management services and the department's information system;
(6) Use not more than two percent of state-appropriated community mental health funds, which shall not include federal funds, to administer community mental health programs under RCW 71.24.155: PROVIDED, That county authorities serving a county or combination of counties whose population is one hundred twenty-five thousand or more may be entitled to sufficient state-appropriated community mental health funds to employ up to one full-time employee or the equivalent thereof in addition to the two percent limit established in this subsection when such employee is providing staff services to a county mental health advisory board;
(7) Coordinate services for individuals who have received services through the community mental health system and who become patients at a state mental hospital.
Sec. 13. RCW 71.24.049 and 1999 c 10 s 6 are each amended to read as follows:
By January 1st of each odd-numbered year, the ((county authority)) regional support network shall identify: (1) The number of children in each priority group, as defined by this chapter, who are receiving mental health services funded in part or in whole under this chapter, (2) the amount of funds under this chapter used for children's mental health services, (3) an estimate of the number of unserved children in each priority group, and (4) the estimated cost of serving these additional children and their families.
Sec. 14. RCW 71.24.155 and 1987 c 505 s 65 are each amended to read as follows:
Grants shall be made by the department to ((counties)) regional support networks for community mental health programs totaling not less than ninety-five percent of available resources. The department may use up to forty percent of the remaining five percent to provide community demonstration projects, including early intervention or primary prevention programs for children, and the remainder shall be for emergency needs and technical assistance under this chapter.
Sec. 15. RCW 71.24.160 and 1989 c 205 s 7 are each amended to read as follows:
The ((county authority)) regional support networks shall make satisfactory showing to the secretary that state funds shall in no case be used to replace local funds from any source being used to finance mental health services prior to January 1, 1990.
Sec. 16. RCW 71.24.250 and 1982 c 204 s 14 are each amended to read as follows:
The ((county authority)) regional support network may accept and expend gifts and grants received from private, county, state, and federal sources.
Sec. 17. RCW 71.24.300 and 1999 c 214 s 8 and 1999 c 10 s 9 are each reenacted and amended to read as follows:
A county authority or a group of county authorities whose combined population is no less than forty thousand may enter into a joint operating agreement to form a regional support network. Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served. The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.
(1) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Assume the powers and duties of county authorities within its area as described in RCW 71.24.045 (1) through (7).
(c) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(((c))) (d) Provide within the boundaries of each regional support network evaluation and treatment services for at least eighty-five percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks with populations of less than one hundred fifty thousand may contract to purchase evaluation and treatment services from other networks. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to contracts with neighboring or contiguous regions.
(((d))) (e) Administer a portion of funds appropriated by the legislature to house mentally ill persons in state institutions from counties within the boundaries of any regional support network, with the exception of persons currently confined at, or under the supervision of, a state mental hospital pursuant to chapter 10.77 RCW, and provide for the care of all persons needing evaluation and treatment services for periods up to seventeen days according to chapter 71.05 RCW in appropriate residential services, which may include state institutions. The regional support networks shall reimburse the state for use of state institutions at a rate equal to that assumed by the legislature when appropriating funds for such care at state institutions during the biennium when reimbursement occurs. The secretary shall submit a report to the appropriate committees of the senate and house of representatives on the efforts to implement this section by October 1, 2002. The duty of a state hospital to accept persons for evaluation and treatment under chapter 71.05 RCW is limited by the responsibilities assigned to regional support networks under this section.
(((e))) (f) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children as provided in this chapter designed to achieve the outcomes specified in section 5 of this act.
(((f))) (g) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(2) Regional support networks shall assume all duties assigned to county authorities by this chapter and chapter 71.05 RCW.
(3) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(4) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter. The composition of the board shall be broadly representative of the demographic character of the region and the mentally ill persons served therein. Length of terms of board members shall be determined by the regional support network.
(5) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary. ((Such contracts may include agreements to provide periods of stable community living and work or other day activities for specific chronically mentally ill persons who have completed commitments at state hospitals on ninety-day or one hundred eighty-day civil commitments or who have been residents at state hospitals for no less than one hundred eighty days within the previous year. Periods of stable community living may involve acute care in local evaluation and treatment facilities but may not involve use of state hospitals.))
(6) Counties or groups of counties participating in a regional support network are not subject to RCW 71.24.045(6).
(7) ((As part of each biennial plan, each regional support network shall establish and submit to the state, procedures and agreements to assure access to sufficient additional local evaluation and treatment facilities to meet the requirements of this chapter while reducing short-term admissions to state hospitals. These shall be commitments to construct and operate, or contract for the operation of, freestanding evaluation and treatment facilities or agreements with local evaluation and treatment facilities which shall include (a) required admission and treatment for short-term inpatient care for any person enrolled in community support or residential services, (b) discharge planning procedures, (c) limitations on admissions or transfers to state hospitals, (d) adequate psychiatric supervision, (e) prospective payment methods, and (f) contractual assurances regarding referrals to local evaluation and treatment facilities from regional support networks.
(8))) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (1) of this section.
Sec. 18. RCW 71.24.400 and 1999 c 10 s 10 are each amended to read as follows:
The legislature finds that the current complex set of federal, state, and local rules and regulations, audited and administered at multiple levels, which affect the community mental health service delivery system, focus primarily on the process of providing mental health services and do not sufficiently address consumer and system outcomes. The legislature finds that the department and the community mental health service delivery system must make ongoing efforts to achieve the purposes set forth in RCW 71.24.015 related to reduced administrative layering, duplication, elimination of process measures not specifically required by the federal government for the receipt of federal funds, and reduced administrative costs.
Sec. 19. RCW 71.24.405 and 1999 c 10 s 11 are each amended to read as follows:
The department shall establish a ((single)) comprehensive and collaborative ((project)) effort within regional support networks and with local mental health service providers aimed at creating innovative and streamlined community mental health service delivery systems, in order to carry out the purposes set forth in RCW 71.24.400 and to capture the diversity of the community mental health service delivery system.
The ((project)) department must accomplish the following:
(1) Identification, review, and cataloging of all rules, regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a single system of accountability for all federal, state, and local funds provided to the community mental health service delivery system. Systematic efforts should be made to include federal and local funds into the single system of accountability;
(3) The elimination of process regulations and related contract and reporting requirements. In place of the regulations and requirements, a set of outcomes for mental health adult and children clients according to chapter 71.24 RCW must be used to measure the performance of mental health service providers and regional support networks. Such outcomes shall focus on stabilizing out-of-home and hospital care, increasing stable community living, increasing age-appropriate activities, achieving family and consumer satisfaction with services, and system efficiencies;
(4) Evaluation of the feasibility of contractual agreements between the department of social and health services and regional support networks and mental health service providers that link financial incentives to the success or failure of mental health service providers and regional support networks to meet outcomes established for mental health service clients;
(5) The involvement of mental health consumers and their representatives ((in the pilot projects)). Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients ((and other related aspects of the pilot projects)) under section 5 of this act; and
(6) An independent evaluation component to measure the success of the ((projects)) department in fully implementing the provisions of RCW 71.24.400 and this section.
NEW SECTION. Sec. 20. The legislature finds that an excessive amount of public funds are spent on administrative activities in the community mental health system. The department of social and health services shall develop a plan to reduce administrative expenses in the community mental health system, including the mental health division, to no more than ten percent of available funds. The plan shall identify and prioritize core administrative functions that must be continued to comply with federal or state statutes. The department shall submit their plan to the appropriate committees of the senate and house of representatives no later than December 15, 2001. The plan shall assume an implementation date of July 1, 2003."
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 71.24.015, 71.24.025, 71.24.030, 71.24.035, 71.24.037, 71.24.045, 71.24.049, 71.24.155, 71.24.160, 71.24.250, 71.24.400, and 71.24.405; reenacting and amending RCW 71.24.300; adding new sections to chapter 71.24 RCW; and creating a new section."
On motion of Senator Long, the rules were suspended, Substitute House Bill No. 1650, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1650, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1650, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West and Winsley - 42.
Excused: Senators Brown, Haugen, Johnson, Rossi, Swecker, Snyder, and Zarelli - 7.
SUBSTITUTE HOUSE BILL NO. 1650, as amended by the Senate under suspension of the rules, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 16, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1498 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate receded from its amendment(s) to Substitute House Bill No. 1498.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1498, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1498, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West and Winsley - 43.
Excused: Senators Brown, Haugen, Johnson, Rossi, Swecker, and Zarelli - 6.
SUBSTITUTE HOUSE BILL NO. 1498, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 16, 2001
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1286 asks the Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Jacobsen, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1286.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1286 was returned to second reading and read the second time.
MOTION
On motion of Senator Jacobsen, the following striking amendment by Senators Jacobsen and Oke was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.95.210 and 2000 c 107 s 11 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington after the salmon harvest on surplus salmon has been first maximized by both commercial and recreational fishers.
(2) The department shall not destroy hatchery origin salmon for the purposes of destroying viable eggs that would otherwise be useful for propagation or salmon recovery purposes, as determined by the department and Indian tribes with treaty fishing rights in a collaborative manner, for replenishing fish runs. Eggs deemed surplus by the state must be provided, in the following order of priority, to:
(a) Voluntary cooperative salmon culture programs under the supervision of the department under chapter 77.100 RCW;
(b) Regional fisheries enhancement group salmon culture programs under the supervision of the department under this chapter;
(c) Salmon culture programs requested by lead entities and approved by the salmon funding recovery board under chapter 77.85 RCW;
(d) Hatcheries of federally approved tribes in Washington to whom eggs are moved, not sold, under the interlocal cooperation act, chapter 39.34 RCW; and
(e) Governmental hatcheries in Washington, Oregon, and Idaho.
The order of priority established in this subsection for distributing surplus eggs does not apply when there is a shortfall in the supply of eggs.
(3) All sales, provisions, distributions, or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.
Sec. 2. RCW 77.95.270 and 1989 c 336 s 6 are each amended to read as follows:
Except as provided in RCW 77.95.210, the department may make available to private contractors salmon eggs in excess of department hatchery needs for the purpose of contract rearing to release the smolts into public waters. However, providing salmon eggs as specified in RCW 77.95.210(2) has the highest priority. The priority of providing eggs surplus after meeting the requirements of RCW 77.95.210(2) to contract rearing ((shall be)) is a higher priority than providing eggs to aquaculture purposes ((which)) that are not destined for release into Washington public waters.
Sec. 3. RCW 77.100.050 and 1987 c 505 s 73 are each amended to read as follows:
(1) The department shall:
(a) Encourage and support the establishment of cooperative agreements for the development and operation of cooperative food fish, shellfish, game fish, game bird, game animal, and nongame wildlife projects, and projects which provide an opportunity for volunteer groups to become involved in resource and habitat-oriented activities. All cooperative projects shall be fairly considered in the approval of cooperative agreements;
(b) Identify regions and species or activities that would be particularly suitable for cooperative projects providing benefits compatible with department goals;
(c) Determine the availability of rearing space at operating facilities or of net pens, egg boxes, portable rearing containers, incubators, and any other rearing facilities for use in cooperative projects, and allocate them to volunteer groups as fairly as possible;
(d) Make viable eggs available for replenishing fish runs, and salmon carcasses for nutrient enhancement of streams. If a regional fisheries enhancement group, lead entity, volunteer cooperative group, federally approved tribe in Washington, or a governmental hatchery in Washington, Oregon, or Idaho requests the department for viable eggs, the department must include the request within the brood stock document prepared for review by the regional offices. The eggs shall be distributed in accordance with the priority established in RCW 77.95.210 if they are available. A request for viable eggs may only be denied if the eggs would not be useful for propagation or salmon recovery purposes, as determined under RCW 77.95.210.
(e) Exempt volunteer groups from payment of fees to the department for activities related to the project;
(((e))) (f) Publicize the cooperative program;
(((f))) (g) Not substitute a new cooperative project for any part of the department's program unless mutually agreeable to the department and volunteer group;
(((g))) (h) Not approve agreements that are incompatible with legally existing land, water, or property rights.
(2) The department may, when requested, provide to volunteer groups its available professional expertise and assist the volunteer group to evaluate its project. The department must conduct annual workshops in each administrative region of the department that has fish stocks listed as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., in order to assist volunteer groups with egg rearing, share information on successful salmon recovery projects accomplished by volunteers within the state, and provide basic training on monitoring efforts that can be accomplished by volunteers in order to help determine if their efforts are successful.
Sec. 4. RCW 77.100.060 and 2000 c 107 s 112 are each amended to read as follows:
The commission shall establish by rule:
(1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by RCW 77.12.457. The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.
(2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.
(3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects. The rules must identify and implement appropriate protocols for brood stock handling, including the outplanting of adult fish, spawning, incubation, rearing, and release and establish a prioritized schedule for implementation of this act, and shall include directives for allowing more hatchery salmon to spawn naturally in areas where progeny of hatchery fish have spawned, including the outplanting of adult fish, in order to increase the number of viable salmon eggs and restore healthy numbers of fish within the state.
(4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.
(5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.
NEW SECTION. Sec. 5. A new section is added to chapter 77.04 RCW to read as follows:
(1) The department shall prepare an annual surplus salmon report. This report shall include the disposition of adult salmonids that have returned to salmonid hatchery facilities operated under the jurisdiction of the state that:
(a) Have not been harvested; and
(b) Were not allowed to escape for natural spawning.
(2) The report shall include, by species, the number and estimated weight of surplus salmon and steelhead and a description of the disposition of the adult carcasses including, but not limited to, the following categories:
(a) Disposed in landfills;
(b) Transferred to another government agency for reproductive purposes;
(c) Sold to contract buyers in the round;
(d) Sold to contract buyers after spawning;
(e) Transferred to Native American tribes;
(f) Donated to food banks; and
(g) Used in stream nutrient enrichment programs.
(3) The report shall also include, by species, information on the number of requests for viable salmon eggs, the number of these requests that were granted and the number that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given for each denial of a request for viable salmon eggs.
(4) The report shall be included in the biennial state of the salmon report required by RCW 77.85.020 and other similar state reports on salmon.
(5) The report shall include an assessment of the infrastructure needs and facility modifications necessary to implement this act.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "eggs;" strike the remainder of the title and insert "amending RCW 77.95.210, 77.95.270, 77.100.050, and 77.100.060; adding a new section to chapter 77.04 RCW; and declaring an emergency."
On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1286, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1286, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1286, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens,, Thibaudeau, West and Winsley - 43.
Excused: Senators Brown, Haugen, Johnson, Rossi, Swecker and Zarelli - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1268, as amended by the Senate under suspension of the rules, having received the constitutional majority was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Snyder, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
April 18, 2001
SB 6177 Prime Sponsor, Senator Fraser: Managing energy supply and demand. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 6177 be substituted therefor, and the second substitute bill do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fraser, Hewitt, Kline, Long, Rasmussen, Regala, Rossi, Sheahan, Snyder, Spanel, Thibaudeau and Winsley.
April 18, 2001
SHB 2104 Prime Sponsor, House Committee on Appropriations: Providing for an increase in forest fire protection funds. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Constantine, Vice Chair; Fraser, Hewitt, Kline, Long, Parlette, Rasmussen, Regala, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.
MOTIONS
On motion of Senator Snyder, the rules were suspended, Senate Bill No. 6177 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Snyder, the rules were suspended, Substitute House Bill No. 2104 was advanced to second reading and placed on the second reading calendar.
MOTION
At 3:39 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Thursday, April 19, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate