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FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________


FIFTY NINTH DAY

___________________________________________________________________________________________


House Chamber, Olympia, Wednesday, March 13, 2002


             The House was called to order at 9:30 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Zackery Shelton and Marcela Shannon. Prayer was offered by Pastor Marta Schellberg, Edmonds United Methodist Church.


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


RESOLUTION


             HOUSE RESOLUTION NO. 2002-4725, by Representatives Fisher, Mitchell and Hankins


             WHEREAS, Dan Snow has made a lifelong commitment to public transportation and providing mobility choices to the people of Washington State; and

             WHEREAS, Dan Snow began that commitment 30 years ago as a bus driver; and

             WHEREAS, Dan Snow advanced in the industry while serving as Operations Director at Intercity Transit for 8 years; and

             WHEREAS, Dan Snow was responsible for starting Island Transit in 1987 and providing outstanding leadership for the first four years of that organization as Island Transit's first General Manager; and

             WHEREAS, Dan Snow's leadership skills were recognized by his peers and he was selected to serve as the Executive Director of the Washington State Transit Association in 1991; and

             WHEREAS, Dan Snow has, at the request of the Washington State Transportation Commission and the Department of Transportation, served on numerous committees and projects, frequently representing minority viewpoints with good humor, due diligence, and an open mind; and

             WHEREAS, Dan Snow's personal skills, and clear and consistent voice, have so ably served the people of the State of Washington and the public transportation industry; and

             WHEREAS, Dan Snow's personal integrity, his sense of values, his fervent determination and advocacy, his grace, and his humanity are well recognized; and

             WHEREAS, All that Dan Snow is and has accomplished have caused those who know him to respect him professionally and to regard him personally with warm affection;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the life and career of Dan Snow as a true champion of mobility for the citizens of Washington State; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Dan Snow.


             Representative Fisher moved the adoption of the resolution.


             Representatives Fisher, Mitchell and Haigh spoke in favor of the adoption of the resolution.


             House Resolution No. 4725 was adopted.


POINT OF PERSONAL PRIVILEGE


             Representative Quall asked for a point of personal privilege to recognize the Lincoln High School Boys Basketball Team, The Lincoln "Abes".


RESOLUTIONS


             HOUSE RESOLUTION NO. 2002-4737, by Representatives Conway, Clements and Campbell


             WHEREAS, In 1902, in Tacoma, Washington, the members of the Labor Congress of the State of Washington voted to become affiliated with the American Federation of Labor and received their charter signed by Samuel Gompers; and

             WHEREAS, The Washington State Federation of Labor, later the Washington State Labor Council AFL-CIO, has worked for the last 100 years not only to further interests of their members but also to make progress in matters of general public interest; and

             WHEREAS, The efforts of the Washington State Labor Council resulted in laws providing for initiatives, referenda, and recalls; the election of United States senators by popular vote; and the Direct Primary Law; and

             WHEREAS, Its efforts also resulted in the Small Claims Court Act, the Pure Food Law, the Sanitary Laws for hotels and restaurants, and other laws to protect consumers; and

             WHEREAS, The Washington State Labor Council supported many measures for the expansion, protection, and improvement of the common schools, as well as the vocational education and higher education systems; and

             WHEREAS, Its support helped create authority for public housing authorities, public hospitals, and public libraries, and establish a nonpartisan judiciary; and

             WHEREAS, The Washington State Labor Council has long defended and advocated for the civil rights of the people of Washington, including laws against discrimination on the basis of race, color, creed, national origin, sex, marital status, age, or disability; and

             WHEREAS, The Washington State Labor Council helped establish Memorial Day to honor men and women who died in our nation's service, and to show respect for all American veterans of wars and other military conflicts, and Labor Day to pay tribute to all American workers; and

             WHEREAS, The Washington State Labor Council has been a leader in the arena of worker's compensation, unemployment insurance, worker safety, family leave, affordable health care, and collective bargaining;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and commend the Washington State Labor Council for 100 years of leadership, service, and advocacy on behalf of the people of Washington; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington State Labor Council.


             House Resolution No. 4737 was adopted.


             HOUSE RESOLUTION NO. 2002-4733, by Representatives Linville and McDermott


             WHEREAS, The Washington State Legislature has designated that the second Wednesday in April each year is celebrated as Arbor Day; and

             WHEREAS, The year 2002 Arbor Day theme of "Connecting Communities" inspires public tree plantings to restore trees lost to urban sprawl, rural land conversion, disease and pests, the lack of proper care, and even old age; and

             WHEREAS, Arbor Day is a day to recognize our state tree, the western hemlock, and state flower, the rhododendron; and

             WHEREAS, Arbor Day is a traditional day for the planting of trees and shrubs by citizens in the state of Washington; and

             WHEREAS, Nurseries, orchards, tree farms, public and private forests, and street and parks trees add to the beauty and vigor of our state; and

             WHEREAS, Arbor Day focuses community attention on planting trees while educating school children and community groups about the value of trees; and

             WHEREAS, Arbor Day is a symbolic day to recognize the importance of trees and shrubs to the environment, in neighborhoods and communities, in the state's agricultural and timber-based economy, and the importance of continued regeneration of our renewable resources; and

             WHEREAS, The state of Washington is appropriately called the Evergreen State due to the existence and special significance that trees and plants contribute to the jobs, natural beauty, environment, and quality of life of our citizens; and

             WHEREAS, by observing Arbor Day every year the citizens of the state can show their appreciation for the state's natural resources, the full range of benefits that are provided from trees and shrubs in the state, and the importance of planting trees and shrubs throughout the year;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives hereby recognizes April 10, 2002, as Arbor Day and encourages residents to plant a tree or shrub and celebrate this day and also recognizes the month of October as Urban and Community Forestry month and urges residents to celebrate by planting and caring for trees, and by identifying significant and historic trees in their community.


             House Resolution No. 4733 was adopted.


             HOUSE RESOLUTION NO. 2002-4738, by Representatives Miloscia, Mitchell, Edwards and McDermott


             WHEREAS, Since the first Winter Olympic Games in 1924 were held in Chamonix, France, the world's best athletes in the field of winter sports have competed and been recognized and rewarded in the Winter Olympics; and

             WHEREAS, Apolo Anton Ohno, representing the United States of America, won an Olympic gold medal in the men's 1500 meter short-track speedskating event and an Olympic silver medal in the men's 1000 meter short-track speedskating event at the 2002 Winter Olympics held in Salt Lake City, Utah; and

             WHEREAS, Apolo Anton Ohno won the first Olympic gold medal for the United States of America in the short-track speedskating event, and the first gold medal to be won in the Winter Olympics by a Washington state resident in nearly two decades; and

             WHEREAS, Apolo Anton Ohno set the United States record for the men's 500 meter short-track speedskating event in the Olympic trials; and

             WHEREAS, Apolo Anton Ohno maintained his academic coursework online while he was practicing for and competing in the Olympics by attending Federal Way's Internet Academy; and

             WHEREAS, Yuki Ohno, Apolo Anton Ohno's father and owner of Seattle hair salon Yuki's Diffusions, emigrated from Japan after high school and raised Apolo Anton Ohno as a single parent; and

             WHEREAS, Apolo Anton Ohno's dedication and hard work have made him a role model; and

             WHEREAS, Apolo Anton Ohno has earned the pride of our nation and worldwide acclaim with his grace under incredible pressure, charm, and goateed good looks; and

             WHEREAS, Apolo Anton Ohno, as the most visible American athlete in the 2002 Winter Olympics, has drawn the nation's attention to the fast-paced, unpredictable sport of short-track speedskating;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize Apolo Anton Ohno for his accomplishments, perseverance, and grace as a model for all athletes, citizens of this state, and the nation; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the International Olympic Committee, United States Olympic Committee, United States Speed Skating, the Federal Way Internet Academy, Yuki Ohno, and Apolo Anton Ohno.



             House Resolution No. 4738 was adopted.


             HOUSE RESOLUTION NO. 2002-4722, by Representatives Linville and Ericksen


             WHEREAS, Sondra Clark of Bellingham, a sixth-grader at Kulshan Middle School, has achieved national recognition for her volunteer efforts for children in Africa; and

             WHEREAS, Sondra Clark has received a 2002 Prudential Spirit of Community Award for her volunteer work to promote the needs of the less fortunate children of Africa; and

             WHEREAS, Sondra Clark is receiving this award through the partnership of Prudential Financial and the National Association of Secondary School Principals that honors young volunteers who make an extra effort to help others in need; and

             WHEREAS, Sondra Clark has written letters, spoken to organizations, and appeared on television and radio in her efforts to raise funds to better the lives of children in Africa; and

             WHEREAS, Sondra Clark has raised $22,000 through the publishing of two books on crafts for kids and given a portion to Childcare International; and

             WHEREAS, The success of the State of Washington and our communities depends on the talents and resources of young people like Ms. Sondra Clark;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives congratulate and honor Ms. Sondra Clark as a recipient of this national award, recognize her outstanding record of public service and promotion of the needs of others, and extend best wishes for her continued success and happiness; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Ms. Sondra Clark, the Principal of Kulshan Middle School, and the Mayor of Bellingham.


             House Resolution No. 4722 was adopted.


             HOUSE RESOLUTION NO. 2002-4739, by Representatives Quall, Morris, Sehlin and Barlean


             WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and

             WHEREAS, Every April, the tulips are in bloom, celebrating the beginning of spring; and

             WHEREAS, The Skagit Valley Tulip Festival begins the festival season in Washington; and

             WHEREAS, This year's 19th annual event will run from April 5-21, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, Mount Vernon, Concrete, and Conway; and

             WHEREAS, This year's Tulip Festival ambassadors will ably and personably perform their responsibilities as representatives of this festival; and

             WHEREAS, More than half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event, and contributing to the economy of the Skagit Valley; and

             WHEREAS, This year's visitors will be greeted by more than 1,500 acres of tulips reflecting all the colors of the rainbow, by the fullness of life in the valley, and its wonderful people; and

             WHEREAS, Highlights of the event include the Kiwanis Annual Salmon Barbeque, the Tulip Pedal Bike Ride, the Anacortes Quilt Walk, the Downtown Mount Vernon Street Fair, and much more;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives salute the seven communities of the Skagit Valley, their Chambers of Commerce, the Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee; and

             BE IT FURTHER RESOLVED, That the House of Representatives commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Skagit Valley Tulip Festival Executive Director Audrey Smith and the Tulip Festival Ambassadors.


             House Resolution No. 4739 was adopted.


             HOUSE RESOLUTION NO. 2002-4740, by Representatives Cody, Schual-Berke, Veloria, Murray, Tokuda, Kagi, Darneille, Ruderman, Edwards, Campbell, Skinner, Alexander, Ballasiotes and Benson


             WHEREAS, It is the tradition of the Washington State House of Representatives to recognize and honor the contributions of individuals who have embraced and demonstrated the standards of excellence that enhance the well-being, health, and quality of life of the citizens of Washington State; and

             WHEREAS, It is the intent of the members of the Washington State House of Representatives to recognize and honor Washington's state health officer, Maxine Hayes, M.D., MPH; and

             WHEREAS, Dr. Hayes recently received the 2002 Dr. Nathan Davis Award for "Outstanding Government Service" from the American Medical Association, which is the highest award bestowed on a physician in the United States; and

             WHEREAS, Dr. Hayes' physician colleagues from the Washington State Medical Association value her work over the past decades to improve the health of all Washingtonians, particularly low-income children and pregnant women and congratulate her on her award; and

             WHEREAS, Dr. Hayes has been widely recognized throughout her career for her dedication to policies that promote maternal and child health as well as preventive services;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor Dr. Maxine Hayes for her dedication to public health services, particularly those affecting low-income pregnant women and low-income children; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Dr. Maxine Hayes.


             House Resolution No. 4740 was adopted.


SPEAKER'S PRIVILEGE


             The Speaker (Representative Lovick presiding) took a personal privilege to recognized the staff of the members' cafeteria: Marcel Dumont, Gail Crowe, Peggy Palm, Twila Asselstine and Clark Johnson, and asked the members to acknowledge them.


             The Speaker assumed the chair.


MESSAGES FROM THE SENATE

March 13, 2002

Mr. Speaker:


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

ENGROSSED SUBSTITUTE SENATE BILL NO. 5236,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6641,

and the same are herewith transmitted.

Tony M. Cook, Secretary


March 12, 2002

Mr. Speaker:


             The Senate has passed:

SENATE BILL NO. 5082,

SENATE BILL NO. 6585,

SUBSTITUTE SENATE BILL NO. 6833,

and the same are herewith transmitted.

Tony M. Cook, Secretary


RESOLUTION


             HOUSE RESOLUTION NO. 2002-4741, by Representatives McMorris, Sump, Hunt and Romero


             WHEREAS, Each year high schools from around Washington participate in an academic decathlon, competing against one another in ten academic areas: Math, economics, science or social studies, literature, fine arts, music, essay, speech, interview, and a "super quiz" covering social studies or science; and

             WHEREAS, An academic decathlon team is composed of nine students who have the opportunity to win gold, silver, or bronze medals in each of the ten academic areas; and

             WHEREAS, An academic decathlon team's combined score determines the overall winner of the competition so that one team becomes Washington's academic decathlon team for that year, representing the state at the national academic decathlon; and

             WHEREAS, Each team member sacrifices free time after school and on weekends to practice and prepare for the academic decathlon; and

             WHEREAS, The Olympia High School academic decathlon team won a gold medal at the state competition, earning its members the right to represent Washington at the United States Academic Decathlon competition April 10-13 in Phoenix; and

             WHEREAS, Leading the Olympia High School academic decathlon team is coach William Curtis, whose dedication and willingness to share his free time and energies enabled the team to win this year's state competition; and

             WHEREAS, The Timberline High School academic decathlon team, under the direction of coach Richard Kistler, placed second in the state competition; and

             WHEREAS, The Curlew High School academic decathlon team, coached by Karen Schaaf, placed third in the state competition;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and honor the academic decathlon teams from Olympia High School, Timberline High School, and Curlew High School for their outstanding showings at this year's Washington State Academic Decathlon competition; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the principals of each high school for distribution to the individual team members and coaches.


             House Resolution No. 4741 was adopted.


SENATE AMENDMENTS TO HOUSE BILL

March 12, 2002

Mr. Speaker:


             The Senate receded from its amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2560, and under suspension of the rules returned ENGROSSED SUBSTITUTE HOUSE BILL NO. 2560 to second reading for purpose of amendments. The Senate further adopted amendment 2560-S.E. AMS S4827.1 and passed the measure as amended:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.20.100 and 1999 c 274 s 14 are each amended to read as follows:

             (1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.

             (2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the traffic safety education requirements of this subsection.

             (a) To meet the traffic safety education requirement for a driver's license the applicant must satisfactorily complete a traffic safety education course as defined in RCW 28A.220.020 for a course offered by a school district, or as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a school district or an approved private school must meet the standards established by the office of the state superintendent of public instruction. The course offered by a driver training school must meet the standards established by the department of licensing with the advice of the driver instructors' advisory committee, pursuant to RCW 46.82.300. The traffic safety education course may be provided by:

             (i) A recognized secondary school; or

             (ii) A ((commercial driving enterprise)) driver training school licensed under chapter 46.82 RCW that is annually approved by the ((office of the superintendent of public instruction)) department of licensing.

             (b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

             (c) The department may waive the traffic safety education requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:

             (i) He or she was unable to take or complete a traffic safety education course;

             (ii) A need exists for the applicant to operate a motor vehicle; and

             (iii) He or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.

The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.

             (d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.


             Sec. 2. RCW 46.20.055 and 1999 c 274 s 13 are each amended to read as follows:

             (1) Driver's instruction permit. The department may issue a driver's instruction permit with a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a five-dollar fee, and meets the following requirements:

             (a) Is at least fifteen and one-half years of age; or

             (b) Is at least fifteen years of age and:

             (i) Has submitted a proper application; and

             (ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driving training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.

             (2) Nonphoto permit fee. An applicant who meets the requirements of subsection (1) of this section other than payment of the five-dollar fee may obtain a driver's instruction permit without a photograph by paying a fee of four dollars.

             (3) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:

             (a) A traffic safety education course as defined by RCW 28A.220.020(2); or

             (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).

             The department may require proof of registration in such a course as it deems necessary.

             (4) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

             (a) The person has immediate possession of the permit; and

             (b) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

             (5) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.

             (a) The department may issue one additional one-year permit.

             (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.


             Sec. 3. RCW 46.20.070 and 1999 c 6 s 13 are each amended to read as follows:

             (1) Agricultural driving permit authorized. The director may issue a juvenile agricultural driving permit to a person under the age of eighteen years if:

             (a) The application is signed by the applicant and the applicant's father, mother, or legal guardian;

             (b) The applicant has passed the driving examination required by RCW 46.20.120;

             (c) The department has investigated the applicant's need for the permit and determined that the need justifies issuance;

             (d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself or herself or other persons and property; and

             (e) The applicant has paid a fee of three dollars.

             The permit must contain a photograph of the person.

             (2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:

             (i) Drive a motor vehicle on the public highways of this state in connection with farm work. The holder may drive only within a restricted farming locality described on the permit; and

             (ii) Participate in the classroom portion of a traffic safety education course authorized under RCW 28A.220.030 or the classroom portion of a traffic safety education course offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW offered in the community where the holder resides.

             (b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.

             (3) Term and renewal of agricultural driving permit. An agricultural driving permit expires one year from the date of issue.

             (a) A person under the age of eighteen who holds a permit may renew the permit by paying a three-dollar fee.

             (b) An agricultural driving permit is invalidated when a permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle driver's license under this chapter.

             (4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile agricultural driving permit if:

             (a) The permittee has been found to have committed an offense that requires mandatory suspension or revocation of a driver's license; or

             (b) The director is satisfied that the permittee has violated the permit's restrictions.


             NEW SECTION. Sec. 4. A new section is added to chapter 46.82 RCW to read as follows:

             (1) Persons instructing students under eighteen years of age are required to have a background check through the Washington state patrol criminal identification system and through the federal bureau of investigation. The background check shall also include a fingerprint check using a fingerprint card.

             (2) The cost of the background check shall be paid by the instructor.

             (3) The department may waive the background check for any applicant who has had a background check within two years before applying to become an instructor.


             Sec. 5. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:

             (1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state traffic safety commission. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.

             (2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.

             (3) Duties of the advisory committee shall be to:

             (a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;

             (b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;

             (c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; ((and))

             (d) Review and update instructor certification standards to be consistent with RCW 46.82.330 and take into consideration those standards required to be met by traffic safety education teachers under RCW 28A.220.020(3); and

             (e) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards."


             On page 1, line 1 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 46.20.100, 46.20.055, 46.20.070, and 46.82.300; and adding a new section to chapter 46.82 RCW."


and the same is herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendments to Engrossed Substitute House Bill No. 2560 and advanced the bill as amended by the Senate to final passage.


             Representatives Quall and Hankins spoke in favor of the passage of the bill.


MOTION


             On motion of Representative Wood, Representatives DeBolt, Sehlin and Skinner were excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2560 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives DeBolt, Sehlin, and Skinner - 3.

  

             Engrossed Substitute House Bill No. 2560, as amended by the Senate having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

March 11, 2002

Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2610, with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 9A.42 RCW to read as follows:

             A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, that are being used in the manufacture of methamphetamine. Endangerment with a controlled substance is a class B felony.


             Sec. 2. RCW 9.94A.515 and 2001 2nd sp.s. c 12 s 361, 2001 c 300 s 4, 2001 c 217 s 12, and 2001 c 17 s 1 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)

                          Sexually Violent Predator Escape (RCW 9A.76.115)

 

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Explosive devices prohibited (RCW 70.74.180)

                          Hit and Run--Death (RCW 46.52.020(4)(a))

                          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))

                          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(3)(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(3)(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))

                          Endangerment with a Controlled Substance (section 1 of this act)

                          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))

                          Identity Theft 1 (RCW 9.35.020(2)(a))

                          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(3)(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)

                          Identity Theft 2 (RCW 9.35.020(2)(b))

                          Improperly Obtaining Financial Information (RCW 9.35.010)

                          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)


             Sec. 3. RCW 43.43.830 and 1999 c 45 s 5 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.840.

             (1) "Applicant" means:

             (a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

             (b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; or

             (c) Any prospective adoptive parent, as defined in RCW 26.33.020.

             (2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including but not limited to public housing authorities, school districts, and educational service districts.

             (3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

             (4) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

             (5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

             (6) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

             (7) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

             (8) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

             (a) Chiropractic;

             (b) Dentistry;

             (c) Dental hygiene;

             (d) Massage;

             (e) Midwifery;

             (f) Naturopathy;

             (g) Osteopathic medicine and surgery;

             (h) Physical therapy;

             (i) Physicians;

             (j) Practical nursing;

             (k) Registered nursing; and

             (l) Psychology.

             "Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.

             (9) "Unsupervised" means not in the presence of:

             (a) Another employee or volunteer from the same business or organization as the applicant; or

             (b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

             (10) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

             (11) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

             (12) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.


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


             On page 1, line 2 of the title, after "substance;" strike the remainder of the title and insert "amending RCW 43.43.830; reenacting and amending RCW 9.94A.515; adding a new section to chapter 9A.42 RCW; prescribing penalties; and declaring an emergency."


and the same is herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendments to Substitute House Bill No. 2610 and advanced the bill as amended by the Senate to final passage.


             Representatives Darneille and Morell spoke in favor of the passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2610 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives DeBolt, Sehlin, and Skinner - 3.

  

             Substitute House Bill No. 2610, as amended by the Senate having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE

March 12, 2002

Mr. Speaker:


             The Senate has refuses to concur in the House amendment to SECOND SUBSTITUTE SENATE BILL NO. 5949, and asks the House to recede therefrom.


And the same is herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, Second Substitute Senate Bill No. 5949 was returned to second reading for purpose of amendments.


SECOND READING


             SECOND SUBSTITUTE SENATE BILL NO. 5949, by Senate Committee on Transportation (originally sponsored by Senators Haugen and Swecker)


             Erecting and maintaining motorist information sign panels.


             Representative Armstrong moved the adoption of amendment (579):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 47.36 RCW to read as follows:

             (1) When exercising its authority to erect and maintain motorist information sign panels under RCW 47.36.310 and 47.36.320, the department shall contract with a private contractor for a term of ten years. The contractor selected by the department must be incorporated, and must maintain an office, in this state.

             (2) The contractor, at no cost to the department, is solely responsible for marketing, administration, financial management, sign fabrication, installation, and maintenance and is subject to the provisions of this chapter otherwise applicable to the department. The contractor may set the market rate to be charged to businesses advertising on the motorist informational signs.

             (3) A contract entered into between the department and a contractor must require the contractor to administer, fabricate, install, and maintain community historical signs authorized for placement by the department at no cost to the department.

             (4) In department may set the contractual terms it deems necessary to guarantee the performance of the contract. The department shall periodically monitor the performance of the contract.

             (5) In letting a contract under this section the department shall comply with purchasing guidelines adopted by the general services administration."


             Correct the title.


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


             The amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House was placed on final passage.


             Representative Armstrong spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5949, as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5949, as amended by the House and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 92.

             Voting nay: Representatives Cox, and Schoesler - 2.

             Excused: Representatives Ballasiotes, DeBolt, Sehlin, and Skinner - 4.


             Second Substitute Senate Bill No. 5949, as amended by the House, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 2846, by Representatives Romero, Dunshee and Mulliken


             Requiring specific funding to implement the buildable lands review and evaluation program.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Dunshee and Cairnes spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be the final passage of House Bill No. 2846.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2846 and the bill passed the House by the following vote: Yeas - 51, Nays - 44, Absent - 0, Excused - 3.

             Voting yea: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 51.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, Delvin, Dunn, Ericksen, Esser, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, Van Luven, and Woods - 44.

             Excused: Representatives Ballasiotes, DeBolt, and Skinner - 3.


             House Bill No. 2846, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 2926, by Representatives Clements and Grant


             Establishing the state library in the office of the secretary of state.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2926 was substituted for House Bill No. 2926 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2926 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Clements, Alexander, Grant and Hankins spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2926.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2926 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Ballasiotes, DeBolt, and Skinner - 3.


             Substitute House Bill No. 2926, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 2993, by Representatives Linville and Kirby


             Modifying water provisions.


             The bill was read the second time.


             Representative Linville moved the adoption of amendment (584):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 90.54 RCW to read as follows:

             The legislature recognizes the critical importance of providing and securing sufficient water to meet the needs of people, farms, and fish. The legislature finds that an effective way to meet the water needs of people, farms, and fish is through strategies developed and implemented at the local watershed level. The objectives of these strategies are to supply water in sufficient quantities to satisfy the following three water resource objectives:

             (1) Providing sufficient water for residential, commercial, and industrial needs;

             (2) Providing sufficient water for productive fish populations; and

             (3) Providing sufficient water for productive agriculture.

             The legislature affirms its intent to provide continued support for watershed strategies and provides the tools in this bill to assist local watersheds in meeting these objectives.


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

             (1) The department shall, through a network of water masters appointed under this chapter, stream patrollers appointed under chapter 90.08 RCW, and other assigned compliance staff to the extent such a network is funded, achieve compliance with the water laws and rules of the state of Washington in the following sequence:

             (a) The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of their water rights and applicable water laws;

             (b) When the department determines that a violation has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. As part of this first response, the department shall offer information and technical assistance to the person in writing identifying one or more means to accomplish the person's purposes within the framework of the law; and

             (c) If education and technical assistance do not achieve compliance the department shall issue a notice of violation, a formal administrative order under RCW 43.27A.190, or assess penalties under RCW 90.03.600 unless the noncompliance is corrected expeditiously or the department determines no impairment or harm.

             (2) Nothing in the section is intended to prevent the department of ecology from taking immediate action to cause a violation to be ceased immediately if in the opinion of the department the nature of the violation is causing harm to other water rights or to public resources.

             (3) The department of ecology shall to the extent practicable station its compliance personnel within the watershed communities they serve. To the extent practicable, compliance personnel shall be distributed evenly among the regions of the state.


             Sec. 3. RCW 90.46.010 and 2001 c 69 s 2 are each amended to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Greywater" means wastewater having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters.

             (2) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement for residential, business, and governmental purposes.

             (3) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.

             (4) "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur and is no longer considered wastewater.

             (5) "Sewage" means water-carried human wastes from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present.

             (6) "User" means any person who uses reclaimed water.

             (7) "Wastewater" means water and wastes discharged from homes, businesses, and industry to the sewer system.

             (8) "Beneficial use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose.

             (9) "Direct recharge" means the controlled subsurface addition of water directly to the ground water basin that results in the replenishment of ground water.

             (10) "Ground water recharge criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW.

             (11) "Planned ground water recharge project" means any reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface percolation.

             (12) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the department of ecology and the department of health.

             (13) "Streamflow augmentation" means the discharge of reclaimed water to rivers and streams of the state or other surface water bodies, but not wetlands.

             (14) "Surface percolation" means the controlled application of water to the ground surface for the purpose of replenishing ground water.

             (15) "Wetland or wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands regulated under this chapter shall be delineated in accordance with the manual adopted by the department of ecology pursuant to RCW 90.58.380.

             (16) "Constructed beneficial use wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or replace natural wetland functions and values. Constructed beneficial use wetlands are considered "waters of the state."

             (17) "Constructed treatment wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of wastewater or storm water treatment. Constructed treatment wetlands are considered part of the collection and treatment system and are not considered "waters of the state."

             (18) "Agricultural industrial process water" means water that has been used for the purpose of ((agriculture [agricultural])) agricultural processing and has been adequately and reliably treated, so that as a result of that treatment, it is suitable for other agricultural water use.

             (19) "Agricultural processing" means the processing of crops or milk to produce a product primarily for wholesale or retail sale for human or animal consumption, including but not limited to potato, fruit, vegetable, and grain processing.

             (20) "Agricultural water use" means the use of water for irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to, construction, operation, and maintenance of agricultural facilities and livestock operations at farms, ranches, dairies, and nurseries. Examples of these uses include, but are not limited to, dust control, temperature control, and fire control.

             (21) "Industrial reuse water" means water that has been used for the purpose of industrial processing and has been adequately and reliably treated so that, as a result of that treatment, it is suitable for other uses.


             Sec. 4. RCW 90.46.030 and 1992 c 204 s 4 are each amended to read as follows:

             (1) The department of health shall, in coordination with the department of ecology, adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for the industrial and commercial use of reclaimed water.

             (2) The department of health may issue a reclaimed water permit for industrial and commercial uses of reclaimed water to the generator of reclaimed water who may then distribute the water, subject to provisions in the permit governing the location, rate, water quality, and purposes of use.

             (3) The department of health in consultation with the advisory committee established in RCW 90.46.050, shall develop recommendations for a fee structure for permits issued under subsection (2) of this section. Fees shall be established in amounts to fully recover, and not exceed, expenses incurred by the department of health in processing permit applications and modifications, monitoring and evaluating compliance with permits, and conducting inspections and supporting the reasonable overhead expenses that are directly related to these activities. Permit fees may not be used for research or enforcement activities. The department of health shall not issue permits under this section until a fee structure has been established.

             (4) A permit under this section for use of reclaimed water may be issued only to a municipal, quasi-municipal, or other governmental entity or to the holder of a waste discharge permit issued under chapter 90.48 RCW.

             (5) The authority and duties created in this section are in addition to any authority and duties already provided in law with regard to sewage and wastewater collection, treatment, and disposal for the protection of health and safety of the state's waters. Nothing in this section limits the powers of the state or any political subdivision to exercise such authority.

             (6) The department of health may implement the requirements of this section through the department of ecology by execution of a formal agreement between the departments. Upon execution of such an agreement, the department of ecology may issue reclaimed water permits for industrial and commercial uses of reclaimed water by issuance of permits under chapter 90.48 RCW, and may establish and collect fees as required for permits issued under chapter 90.48 RCW.


             Sec. 5. RCW 90.46.130 and 2001 c 69 s 4 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, facilities that reclaim water under this chapter shall not impair any existing water right downstream from any freshwater discharge points of such facilities unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right.

             (2) Agricultural water use of agricultural industrial process water and use of industrial reuse water under this chapter shall not impair existing water rights within the water source that is the source of supply for the agricultural processing plant or the industrial processing and, if the water source is surface water, the existing water rights are downstream from the agricultural processing plant's discharge points existing on July 22, 2001, or from the industrial processing's discharge points existing on the effective date of this section.


             NEW SECTION. Sec. 6. A new section is added to chapter 90.46 RCW to read as follows:

             (1) The permit to use industrial reuse water shall be the permit issued under chapter 90.48 RCW to the owner of the plant that is the source of the industrial process water, who may then distribute the water according to provisions in the permit governing the location, rate, water quality, and purpose. In cases where the department of ecology determines that a proposed use may pose a significant risk to public health, the department shall refer the permit application to the department of health for review and consultation.

             (2) The owner of the industrial plant who obtains a permit under this section has the exclusive right to the use of any industrial reuse water generated from the plant and to the distribution of such water. Use and distribution of the water by the owner is exempt from the permit requirements of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100.

             (3) Nothing in this section affects any right to reuse industrial process water in existence on or before the effective date of this section.


             Sec. 7. RCW 90.38.020 and 2001 c 237 s 28 are each amended to read as follows:

             (1)(a) The department may acquire water rights, including but not limited to storage rights, by purchase, lease, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. A water right acquired by the state that is expressly conditioned to limit its use to instream purposes shall be administered as a trust water right in compliance with that condition.

             (b) If ((an aquatic species is listed as threatened or endangered under federal law for a body of water, or is listed as depressed or threatened by reason of inadequate stream flows under state law, and)) the holder of a right to water from ((the)) a body of water chooses to donate all or a portion of the person's water right to the trust water system to assist in providing ((those)) instream flows on a temporary or permanent basis, the department shall accept the donation on such terms as the person may prescribe as long as the donation satisfies the requirements of subsection (4) of this section and the other applicable requirements of this chapter and the terms prescribed are relevant and material to protecting any interest in the water right retained by the donor. Once accepted, such rights are trust water rights within the conditions prescribed by the donor.

             (2) The department may make such other arrangements, including entry into contracts with other persons or entities as appropriate to ensure that trust water rights acquired in accordance with this chapter can be exercised to the fullest possible extent.

             (3) The trust water rights may be acquired on a temporary or permanent basis.

             (4) A water right donated under subsection (1)(b) of this section shall not exceed the extent to which the water right was exercised during the five years before the donation nor may the total of any portion of the water right remaining with the donor plus the donated portion of the water right exceed the extent to which the water right was exercised during the five years before the donation. A water right holder who believes his or her water right has been impaired by a trust water right donated under subsection (1)(b) of this section may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the donation or exercising a portion of that trust water right donated under subsection (1)(b) of this section is impairing existing water rights in violation of RCW 90.38.902, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not alter a trust water right donated under subsection (1)(b) of this section is appealable to the pollution control hearings board under RCW 43.21B.230. A donated water right's status as a trust water right under this subsection is not evidence of the validity or quantity of the water right.

             (5) Any water right conveyed to the trust water right system as a gift that is expressly conditioned to limit its use to instream purposes shall be managed by the department for public purposes to ensure that it qualifies as a gift that is deductible for federal income taxation purposes for the person or entity conveying the water right.

             (6) If the department acquires a trust water right by lease ((in an area in which a drought order has been issued under RCW 43.83B.405 and is in effect at the time the department leases the water right)), the amount of the trust water right shall not exceed the extent to which the water right was exercised during the five years before the acquisition was made nor may the total of any portion of the water right remaining with the original water right holder plus the portion of the water right leased by the department exceed the extent to which the water right was exercised during the five years before the acquisition. A water right holder who believes his or her water right has been impaired by a trust water right leased under this subsection may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the leasing or exercising (([of])) of a portion of that trust water right leased under this subsection is impairing existing water rights in violation of RCW 90.38.902, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not to alter a trust water right leased under this subsection is appealable to the pollution control hearings board under RCW 43.21B.230. The department's leasing of a trust water right under this subsection is not evidence of the validity or quantity of the water right.

             (7) For a water right donated to or acquired by the trust water rights program on a temporary basis, the full quantity of water diverted or withdrawn to exercise the right before the donation or acquisition shall be placed in the trust water rights program and shall revert to the donor or person from whom it was acquired when the trust period ends.


             Sec. 8. RCW 90.42.040 and 2001 c 237 s 30 are each amended to read as follows:

             (1) All trust water rights acquired by the state shall be placed in the state trust water rights program to be managed by the department. Trust water rights acquired by the state shall be held or authorized for use by the department for instream flows, irrigation, municipal, or other beneficial uses consistent with applicable regional plans for pilot planning areas, or to resolve critical water supply problems. To the extent practicable and subject to legislative appropriation, trust water rights acquired in an area with an approved watershed plan developed under chapter 90.82 RCW shall be consistent with that plan if the plan calls for such acquisition.

             (2) The department shall issue a water right certificate in the name of the state of Washington for each permanent trust water right conveyed to the state indicating the reach or reaches of the stream, the quantity, and the use or uses to which it may be applied. A superseding certificate shall be issued that specifies the amount of water the water right holder would continue to be entitled to as a result of the water conservation project. The superseding certificate shall retain the same priority date as the original right. For nonpermanent conveyances, the department shall issue certificates or such other instruments as are necessary to reflect the changes in purpose or place of use or point of diversion or withdrawal.

             (3) A trust water right retains the same priority date as the water right from which it originated, but as between them the trust right shall be deemed to be inferior in priority unless otherwise specified by an agreement between the state and the party holding the original right.

             (4) Exercise of a trust water right may be authorized only if the department first determines that neither water rights existing at the time the trust water right is established, nor the public interest will be impaired. If impairment becomes apparent during the time a trust water right is being exercised, the department shall cease or modify the use of the trust water right to eliminate the impairment.

             (5) Before any trust water right is created or modified, the department shall, at a minimum, require that a notice be published in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in other newspapers as the department determines is necessary, once a week for two consecutive weeks. At the same time the department shall send a notice containing pertinent information to all appropriate state agencies, potentially affected local governments and federally recognized tribal governments, and other interested parties.

             (6) RCW 90.14.140 through 90.14.230 have no applicability to trust water rights held by the department under this chapter or exercised under this section.

             (7) RCW 90.03.380 has no applicability to trust water rights acquired by the state through the funding of water conservation projects.

             (8) Subsections (4) and (5) of this section do not apply to a trust water right resulting from a donation for instream flows described in RCW 90.42.080(1)(b) or to a trust water right leased under RCW 90.42.080(8) if the period of the lease does not exceed five years. However, the department shall provide the notice described in subsection (5) of this section the first time the trust water right resulting from the donation is exercised.

             (9) Where a portion of an existing water right that is acquired or donated to the trust water rights program will assist in achieving established instream flows, the department shall process the change or amendment of the existing right without conducting a review of the extent and validity of the portion of the water right that will remain with the water right holder.


             Sec. 9. RCW 90.42.080 and 2001 c 237 s 31 are each amended to read as follows:

             (1)(a) The state may acquire all or portions of existing water rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. A water right acquired by the state that is expressly conditioned to limit its use to instream purposes shall be administered as a trust water right in compliance with that condition.

             (b) If ((an aquatic species is listed as threatened or endangered under federal law for a body of water, or is listed as depressed or threatened by reason of inadequate stream flow under state law, and)) the holder of a right to water from ((the)) a body of water chooses to donate all or a portion of the person's water right to the trust water system to assist in providing ((those)) instream flows on a temporary or permanent basis, the department shall accept the donation on such terms as the person may prescribe as long as the donation satisfies the requirements of subsection (4) of this section and the other applicable requirements of this chapter and the terms prescribed are relevant and material to protecting any interest in the water right retained by the donor. Once accepted, such rights are trust water rights within the conditions prescribed by the donor.

             (2) The department may enter into leases, contracts, or such other arrangements with other persons or entities as appropriate, to ensure that trust water rights acquired in accordance with this chapter may be exercised to the fullest possible extent.

             (3) Trust water rights may be acquired by the state on a temporary or permanent basis.

             (4) A water right donated under subsection (1)(b) of this section shall not exceed the extent to which the water right was exercised during the five years before the donation nor may the total of any portion of the water right remaining with the donor plus the donated portion of the water right exceed the extent to which the water right was exercised during the five years before the donation. A water right holder who believes his or her water right has been impaired by a trust water right donated under subsection (1)(b) of this section may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the donation or exercising a portion of that trust water right donated under subsection (1)(b) of this section is impairing existing water rights in violation of RCW 90.42.070, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not to alter a trust water right donated under subsection (1)(b) of this section is appealable to the pollution control hearings board under RCW 43.21B.230. A donated water right's status as a trust water right under this subsection is not evidence of the validity or quantity of the water right.

             (5) The provisions of RCW 90.03.380 and 90.03.390 do not apply to donations for instream flows described in subsection (1)(b) of this section, but do apply to other transfers of water rights under this section.

             (6) No funds may be expended for the purchase of water rights by the state pursuant to this section unless specifically appropriated for this purpose by the legislature.

             (7) Any water right conveyed to the trust water right system as a gift that is expressly conditioned to limit its use to instream purposes shall be managed by the department for public purposes to ensure that it qualifies as a gift that is deductible for federal income taxation purposes for the person or entity conveying the water right.

             (8) If the department acquires a trust water right by lease ((in an area in which a drought order has been issued under RCW 43.83B.405 and is in effect at the time the department leases the water right)), the amount of the trust water right shall not exceed the extent to which the water right was exercised during the five years before the acquisition was made nor may the total of any portion of the water right remaining with the original water right holder plus the portion of the water right leased by the department exceed the extent to which the water right was exercised during the five years before the acquisition. A water right holder who believes his or her water right has been impaired by a trust water right leased under this subsection may request that the department review the impairment claim. If the department determines that exercising the trust water right resulting from the leasing or exercising (([of])) of a portion of that trust water right leased under this subsection is impairing existing water rights in violation of RCW 90.42.070, the trust water right shall be altered by the department to eliminate the impairment. Any decision of the department to alter or not to alter a trust water right leased under this subsection is appealable to the pollution control hearings board under RCW 43.21B.230. The department's leasing of a trust water right under this subsection is not evidence of the validity or quantity of the water right.

             (9) For a water right donated to or acquired by the trust water rights program on a temporary basis, the full quantity of water diverted or withdrawn to exercise the right before the donation or acquisition shall be placed in the trust water rights program and shall revert to the donor or person from whom it was acquired when the trust period ends.


             Sec. 10. RCW 90.03.370 and 2000 c 98 s 3 are each amended to read as follows:

             (1)(a) All applications for reservoir permits ((shall be)) are subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit. The department may accept for processing a single application form covering both a proposed reservoir and a proposed secondary permit or permits for use of water from that reservoir.

             (b) The department shall expedite processing applications for the following types of storage proposals:

             (i) Development of storage facilities that will not require a new water right for diversion or withdrawal of the water to be stored;

             (ii) Adding or changing one or more purposes of use of stored water;

             (iii) Adding to the storage capacity of an existing storage facility; and

             (iv) Applications for secondary permits to secure use from existing storage facilities.

             (c) A secondary permit for the beneficial use of water shall not be required for use of water stored in a reservoir where the water right for the source of the stored water authorizes the beneficial use.

             (2)(a) For the purposes of this section, "reservoir" includes, in addition to any surface reservoir, any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for issuance of a reservoir permit an underground geological formation must meet standards for review and mitigation of adverse impacts identified, for the following issues:

             (i) Aquifer vulnerability and hydraulic continuity;

             (ii) Potential impairment of existing water rights;

             (iii) Geotechnical impacts and aquifer boundaries and characteristics;

             (iv) Chemical compatibility of surface waters and ground water;

             (v) Recharge and recovery treatment requirements;

             (vi) System operation;

             (vii) Water rights and ownership of water stored for recovery; and

             (viii) Environmental impacts.

             (b) Standards for review and standards for mitigation of adverse impacts for an underground artificial storage and recovery project shall be established by the department by rule. Notwithstanding the provisions of RCW 90.03.250 through 90.03.320, analysis of each underground artificial storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed by the department.

             (3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.

             (4) Nothing in chapter 98, Laws of 2000 changes the requirements of existing law governing issuance of permits to appropriate or withdraw the waters of the state.

             (5) The department shall report to the legislature by December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this section and on the status of any applications that have been filed with the department for underground artificial storage and recovery projects by that date.

             (6) Where needed to ensure that existing storage capacity is effectively and efficiently used to meet multiple purposes, the department may authorize reservoirs to be filled more than once per year or more than once per season of use.


             NEW SECTION. Sec. 11. A new section is added to chapter 43.155 RCW to read as follows:

             The water conservation account is created in the custody of the state treasurer. All receipts from federal funding dedicated to water conservation under 16 U.S.C. Sec. 3831 shall be deposited in the account. In addition, the legislature may appropriate money to the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account shall be used for the development and support of water conservation as defined by 16 U.S.C. Sec. 3831. Only the public works board or its designee may make expenditures from the account.


             NEW SECTION. Sec. 12. Section 11 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 immediately."


             Correct the title.


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


             The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Linville and Chandler spoke in favor of passage of the bill.


             There being no objection, Representative Ballasiotes was excused.


             The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2993.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2993 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Ballasiotes, DeBolt, and Skinner - 3.


             Engrossed House Bill No. 2993, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 3002, by Representatives Cody and Sommers


             Concerning the treatment of income and resources for institutionalized persons receiving medical assistance.


             The bill was read the second time.


             Representative Cody moved the adoption of amendment (577):


             On page 1, after line 11, strike all material through line 3 on page 2 and insert the following: "(2) In the interest of supporting the community spouse the department shall allow the maximum resource allowance amount permissible under the social security act for the community spouse for persons institutionalized before July 1, 2002.

             (3) For persons institutionalized on or after July 1, 2002, the department, in the interest of supporting the community spouse, shall allow up to a maximum of thirty thousand dollars in resources for the community spouse. For the fiscal biennium beginning July 1, 2003, and each fiscal biennium thereafter, the maximum resource allowance amount for the community spouse shall be adjusted for economic trends and conditions by increasing the amount allowable by the consumer price index as published by the federal bureau of labor statistics. However, in no case shall the amount allowable exceed the maximum resource allowance permissible under the social security act."


             Representatives Cody and Boldt spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Cody and Sommers spoke in favor of passage of the bill.


             Representatives Boldt, Sehlin and Talcott spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 3002.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 3002 and the bill passed the House by the following vote: Yeas - 52, Nays - 44, Absent - 0, Excused - 2.

             Voting yea: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 52.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, Delvin, Dunn, Ericksen, Esser, Holmquist, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, Van Luven, and Woods - 44.

             Excused: Representatives DeBolt, and Skinner - 2.


             Engrossed House Bill No. 3002, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 3011, by Representatives Fromhold, McIntire and Sommers


             Modifying and studying the local effort assistance program.


             The bill was read the second time.


             Representative Sommers moved the adoption of amendment (582):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the purpose of the local effort assistance program is stated in RCW 28A.500.010 as follows: "The purpose of these funds is to mitigate the effect that above average property tax rates might have on the ability of a school district to raise local revenues to supplement the state's basic program of education. These funds serve to equalize the property tax rates that individual taxpayers would pay for such levies and to provide tax relief to taxpayers in high tax rate school districts."

             The legislature further finds that changes in state and federal funding that have taken place since the local effort assistance program began in 1989 make it necessary to reexamine the local effort assistance funding formula and to determine whether the purpose of the program is being fulfilled.


             NEW SECTION. Sec. 2. (1) The joint task force on local effort assistance is created, to consist of nineteen members:

             (a) Six members of the house of representatives, three appointed by the speaker of the house of representatives and three appointed by the minority leader;

             (b) Six members of the senate, three appointed by the majority leader and three appointed by the minority leader;

             (c) The superintendent of public instruction;

             (d) A member chosen by the Washington state school directors' association;

             (e) A member chosen by the Washington association of school administrators;

             (f) A member chosen by the rural education center;

             (g) A fiscal officer of an educational service district chosen by the superintendent of public instruction in consultation with the superintendents of the educational service districts; and

             (h) Two members from school districts with student enrollments greater than twenty thousand, chosen by the office of the superintendent of public instruction.

             (2) Legislative members of the task force shall be reimbursed for travel expenses as provided in RCW 44.04.120. The staff of the office of superintendent of public instruction, senate committee services, and the office of program research of the house of representatives shall provide support to the task force.

             (3) The task force shall be cochaired by one senator, chosen by the task force, and one representative, chosen by the task force. The task force shall establish rules of procedure at its first meeting.

             (4) The task force shall seek input and advice from stakeholders.


             NEW SECTION. Sec. 3. The joint task force on local effort assistance shall:

             (1) Complete a thorough analysis of the history of the local effort assistance program and its impacts, including a thorough examination of the revenues included in the levy base;

             (2) Determine whether the purpose of the local effort assistance program, as stated in RCW 28A.500.010, is being met under the current allocation formula; and

             (3) Present its findings and provide recommendations to the legislature by December 1, 2002.


             Sec. 4. RCW 28A.500.030 and 1999 c 317 s 3 are each amended to read as follows:

             Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:

             (1) Funds raised by the district through maintenance and operation levies shall be matched with state funds using the following ratio of state funds to levy funds:

             (a) The difference between the district's twelve percent levy rate and the statewide average twelve percent levy rate; to

             (b) The statewide average twelve percent levy rate.

             (2) The maximum amount of state matching funds for districts eligible for local effort assistance shall be the district's twelve percent levy amount, multiplied by the following percentage:

             (a) The difference between the district's twelve percent levy rate and the statewide average twelve percent levy rate; divided by

             (b) The district's twelve percent levy rate.

             (3) Calendar year 2003 allocations and maximum eligibility under this chapter shall be multiplied by 0.99.


             NEW SECTION. Sec. 5. Sections 1 through 3 of this act expire December 31, 2002.


             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."


             Correct the title.


             Representatives Sommers and Cox spoke in favor of the adoption of the amendment.


             Representative Talcott spoke against the adoption of the amendment.


             The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McIntire, Sommers, McIntire (again), Fromhold and Cox spoke in favor of passage of the bill.


             Representatives Sehlin, Woods, Ericksen, Alexander and Talcott spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 3011.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 3011 and the bill passed the House by the following vote: Yeas - 62, Nays - 35, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Ballasiotes, Benson, Berkey, Campbell, Chase, Cody, Conway, Cooper, Cox, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morris, Murray, Nixon, O'Brien, Ogden, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood and Mr. Speaker - 62.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Ballard, Barlean, Boldt, Buck, Bush, Cairnes, Carrell, Casada, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Ericksen, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Morell, Mulliken, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Sump, Talcott, and Woods - 35.

             Excused: Representative Skinner - 1.


             Engrossed House Bill No. 3011, having received the necessary constitutional majority, was declared passed.


             SECOND SUBSTITUTE SENATE BILL NO. 6353, by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Oke and Jacobsen)


             Concerning the use of migratory bird stamp and migratory bird validation fees.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendments, see Journal, 50th Day, March 4, 2002.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House was placed on final passage.


             Representative Rockefeller spoke in favor of passage of the bill.


             Representatives Sump and Mielke spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of Second Substitute Senate Bill No. 6353, as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6353, as amended by the House and the bill passed the House by the following vote: Yeas - 53, Nays - 44, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Ballasiotes, Berkey, Chase, Clements, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Lovick, Lysen, McDermott, McIntire, Miloscia, Murray, O'Brien, Ogden, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 53.

             Voting nay: Representatives Ahern, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Cox, Crouse, Delvin, Dunn, Ericksen, Esser, Holmquist, Jarrett, Linville, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Morris, Mulliken, Nixon, Orcutt, Pearson, Pflug, Reardon, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, and Van Luven - 44.

             Excused: Representative Skinner - 1.


             Second Substitute Senate Bill No. 6353, as amended by the House, having received the necessary constitutional majority, was declared passed.


MESSAGE FROM THE SENATE

March 12, 2002

Mr. Speaker:


             The Senate refuses to concur in the House amendment to ENGROSSED SUBSTITUTE SENATE BILL NO. 6704, and asks the House to recede therefrom.

Tony M. Cook, Secretary


             There being no objection, the House adhered to its position on Engrossed Substitute Senate Bill No. 6704, and asked the Senate to concur thereon.


MESSAGE FROM THE SENATE

March 12, 2002

Mr. Speaker:


             The President has signed:

SUBSTITUTE HOUSE BILL NO. 1397,

SUBSTITUTE HOUSE BILL NO. 1444,

HOUSE BILL NO. 2289,

HOUSE BILL NO. 2352,

HOUSE BILL NO. 2407,

SUBSTITUTE HOUSE BILL NO. 2441,

SUBSTITUTE HOUSE BILL NO. 2541,

SUBSTITUTE HOUSE BILL NO. 2557,

HOUSE BILL NO. 2570,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2574,

SUBSTITUTE HOUSE BILL NO. 2765,

HOUSE BILL NO. 2768,

HOUSE BILL NO. 2893,

SUBSTITUTE HOUSE BILL NO. 2914,

and the same are herewith transmitted.

Tony M. Cook, Secretary


SECOND READING


             HOUSE BILL NO. 2573, by Representatives Schual-Berke, Wood, Doumit, Hunt, Murray, Haigh, Kagi, Berkey, Sullivan, Fisher, Lovick, Jackley, Cooper, Simpson and McDermott


             Funding traffic safety education.


             The bill was read the second time.


             There being no objection, the committee recommendation was not adopted.


             With the consent of the House, amendment (328) was withdrawn.


             Representative Mielke moved the adoption of amendment (600):


             On page 1 line 12 after "((five dollar))" strike "fifteen dollar" and insert:

             "six dollar"


             On page 1 line 12 after "fee," strike "plus an additional fifteen dollar fee to fund traffic safety education in the public schools,"


             On page 2 line 30 after "((seven))" strike "ten" and insert:

             "eight"


             On page 2 line 30 after "dollars" strike ",plus an additional fee of fifteen dollars to fund traffic safety education in the public schools"


             On page 3 line 36 after "deposit" strike "fifteen dollars" and insert:

             "one dollar"


             On page 3 line 38 after "and" strike "fifteen dollars" and insert the following:

             "one dollar"


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


             Representative Schual-Berke spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Mielke moved the adoption of amendment (601):


             On page 1 line 12 after "((five-dollar))" strike "fifteen dollar" and insert:

             "five dollar"


             On page 1 line 12 after "fee," strike "plus an additional fifteen dollar fee to fund traffic safety education in the public schools,"

 

             On page 2 line 30 after "((seven))" strike "ten" and insert:

             "seven"

 

             On page 2 line 30 after "dollars" strike ", plus an additional fee of fifteen dollars to fund traffic safety education in the public schools"

 

             On page 3 line 29 strike all of Sec. 3 and insert the following:

             "Sec. 3. RCW 46.68.041 and 1998 c212 s3 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.

             (2) Sixty-three percent of each fee collected by the department under RCW 46.20.311(1)(b)(ii), (2)(b)(ii), and (3)(b) shall be deposited in the impaired driving safety account.

             (3) The department shall only use fees generated under RCW 46.20.055 and under RCW 46.20.120 to pay for the processing of licenses. These fees shall be used for no other purposes."

 

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

 

             Representative Schual-Berke spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             With the consent of the House, amendment (525) was withdrawn.

 

             Representative Schual-Berke moved the adoption of amendment (588):

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1.  RCW 46.20.055 and 1999 c 274 s 13 are each amended to read as follows:

             (1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a ((five-dollar)) fifteen dollar fee, plus an additional fifteen dollar fee to fund traffic safety education in the public schools, and meets the following requirements:

             (a) Is at least fifteen and one-half years of age; or

             (b) Is at least fifteen years of age and:

             (i) Has submitted a proper application; and

             (ii) Is enrolled in a traffic safety education program approved and accredited by the superintendent of public instruction that includes practice driving.

             (2) Nonphoto permit fee. An applicant who meets the requirements of subsection (1) of this section other than payment of the five-dollar fee may obtain a driver's instruction permit without a photograph by paying a fee of four dollars.

             (((3))) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:

             (a) A traffic safety education course as defined by RCW 28A.220.020(2); or

             (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).

             The department may require proof of registration in such a course as it deems necessary.

             (((4))) (3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

             (a) The person has immediate possession of the permit; and

             (b) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

             (((5))) (4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.

             (a) The department may issue one additional one-year permit.

             (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.

 

             Sec. 2.  RCW 46.20.120 and 1999 c 308 s 1 are each amended to read as follows:

             An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.

             (1) Waiver. The department may waive:

             (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or

             (b) The actual demonstration of the ability to operate a motor vehicle if the applicant:

             (i) Surrenders a valid driver's license issued by the person's previous home state; and

             (ii) Is otherwise qualified to be licensed.

             (2) Fee. Each applicant for a new license must pay an examination fee of ((seven)) ten dollars, plus an additional fee of fifteen dollars to fund traffic safety education in the public schools.

             (a) The examination fee is in addition to the fee charged for issuance of the license.

             (b) "New license" means a license issued to a driver:

             (i) Who has not been previously licensed in this state; or

             (ii) Whose last previous Washington license has been expired for more than five years.

             (3) A person whose license expired or will expire on or after January 1, 1998, while he or she was or is living outside the state may:

             (a) Apply to the department to extend the validity of his or her license for no more than twelve months. If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of five dollars for each license extension;

             (b) Apply to the department to renew his or her license by mail. If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail. If a person qualifies for a mail-in renewal he or she is not required to pass an examination nor provide an updated photograph. He or she must, however, pay the fee required by RCW 46.20.181 plus an additional five-dollar mail-in renewal fee. A license renewed by mail that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

             (4) If a person's driver's license is extended or renewed under subsection (3) of this section while he or she is outside the state, he or she must submit to the examination required under this section within sixty days of returning to this state. The department will not assess a penalty or examination fee for the examination.

 

             Sec. 3.  RCW 46.68.041 and 1998 c 212 s 3 are each amended to read as follows:

             (1) ((Except as provided in subsection (2) of this section, t))The department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer ((who shall deposit such moneys to the credit of the highway safety fund)).

             (2) The state treasurer shall deposit fifteen dollars of each driver’s instruction permit fee collected under the provisions of RCW 46.20.055(1) and fifteen dollars of each driver’s license examination fee collected under the provisions of RCW 46.20.120(2) to the credit of the public safety and education account for use in traffic safety education in public schools.

             (3) The state treasurer shall deposit ((S))sixty-three percent of each fee collected by the department under RCW 46.20.311 (1)(b)(ii), (2)(b)(ii), and (3)(b) ((shall be deposited in)) to the credit of the impaired driving safety account.

             (4) The state treasurer shall deposit the remainder of the funds collected under subsections (1), (2) and (3) of this section to the credit of the highway safety fund.

 

             NEW SECTION. Sec. 4. This act takes effect on July 1, 2002."

 

 

             Representative Schual-Berke spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Schual-Berke and Hankins spoke in favor of passage of the bill.

 

             Representatives Mielke, Ericksen and Morell spoke against the passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2573.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed House Bill No. 2573 and the bill passed the House by the following vote: Yeas - 58, Nays - 38, Absent - 0, Excused - 2.

             Voting yea: Representatives Anderson, Ballasiotes, Berkey, Campbell, Chase, Cody, Conway, Cooper, Cox, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 58.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Ballard, Barlean, Boldt, Buck, Bush, Cairnes, Carrell, Casada, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Sump, Talcott, and Van Luven - 38.

             Excused: Representatives Benson, and Skinner - 2.

 

             Engrossed House Bill No. 2573, having received the necessary constitutional majority, was declared passed.

 

             HOUSE BILL NO. 2451, by Representatives Fisher, Chase and Ogden; by request of Governor Locke

 

             Making supplemental transportation appropriations.

 

             The bill was read the second time. There being no objection, Substitute House Bill No. 2451 was substituted for House Bill No. 2451 and the substitute bill was placed on the second reading calendar.

 

             Substitute House Bill No. 2451 was read the second time.

 

             With the consent of the House, amendments (531) and (571) were withdrawn.

 

             Representative Bush moved the adoption of amendment (570):

 

             On page 5, line 28, before "$368,000" insert "(1)"

 

             On page 5, after line 29, insert:

             "(2) $15,000,000 of the rural arterial trust account--state is provided solely for the construction of Canyon Road east from 192nd street east to 224th street east."

 

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

 

             Representative Fisher spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Ericksen moved the adoption of amendment (536):

 

             On page 9, after line 15, insert the following:

             "(3) The legislative transportation committee shall form a working group to evaluate the feasibility of developing an alternative corridor to Interstate 5 and Interstate 405 to expedite the movement of commerce between the Canadian border, the central Puget Sound region, the south Puget Sound region, and more southerly areas. The corridor would run from approximately the Canadian border in the north to approximately Lewis county in the south. This alternative corridor analysis shall address truck, rail, pipeline, and other utility needs for the corridor, to determine the feasibility of financing and constructing such a corridor, taking into consideration: (a) Anticipated present and future freight demand as well as freight traffic relief for existing state highway and rail routes; (b) the potential for carrying general purpose traffic to provide relief for other state highway routes; (c) a cost-benefit analysis detailing various funding possibilities, including federal funds and the use of charges and tolls to fund construction and operation of the corridor as a utility corridor and a toll facility; (d) an analysis detailing possible right of way locations, including but not limited to property donations, trades, or credits between or among the public and private sector; and (e) possible private sector, local, or other partnerships that may be used to fund the project.

             The working group shall report its findings to the full committee by December 15, 2002."

 

             Representatives Ericksen, Cooper and Mitchell spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             Representative Dunshee moved the adoption of amendment (550):

 

             On page 9, after line 26, insert the following:

 

             "Sec. 209. 2001 2nd sp.s. c 14 s 207 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION COMMISSION

Motor Vehicle Account--State Appropriation. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                      773,000

 

             The appropriation in this section is subject to the following conditions and limitations: The commission shall exercise its authority to commence proceedings to name state route No. 99 the William P. Stewart Memorial Highway."

 

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

 

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

 

             The amendment was adopted.

 

             Representative Schmidt moved the adoption of amendment (553):

 

             On page 15, after line 23, insert the following:

             "(6) The department shall work cooperatively with the national guard to develop and make available a national guard sticker which may be affixed to a license plate. The stickers shall be available upon application. The department shall charge a fee for the stickers sufficient to defray the costs of production."

 

             Representative Schmidt and Simpson spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             Representative Simpson moved the adoption of amendment (567):

 

             On page 15, after line 23, insert the following:

             "(6) The department shall work cooperatively with the Washington state council of firefighters to develop and make available a firefighter sticker which may be affixed to a license plate. The stickers shall be available upon application to members of the international association of firefighters. The department shall charge a fee for the stickers sufficient to defray the costs of production."

 

             Representative Simpson, Fisher, Campbell and Cooper spoke in favor of the adoption of the amendment.

 

             Representative Mitchell spoke against the adoption of the amendment.

 

             The amendment was adopted.

 

             Representative Fisher moved the adoption of amendment (538):

 

             On page page 18, line 27, after "status." insert "Appropriations shall initially be allotted as appropriated in this act."

 

             On page 18, line 29, after "commission" insert "and the director of financial management"

 

             On page 21, line 9, after "status." insert "Appropriations shall initially be allotted as appropriated in this act."

 

             On page 21, line 11, after "commission" insert "and the director of financial management"

 

             On page 31, line 19, after "status." insert "Appropriations shall initially be allotted as appropriated in this act."

 

             On page 31, line 21, after "commission" insert "and the director of financial management"

 

             On page 18, line 11, after "(($391,637,000))" strike "310,364,000" and insert "330,364,000"

 

             On page 25, line 24, before "in" strike "$50,000,000" and insert "(($50,000,000)) $53,440,000"

 

             On page 21, line 20, strike "31,884,000" and insert "32,402,000"

 

             On page 21, line 24, strike "32,009,000" and insert "32,527,000"

 

             On page 35, line 32, before "Motor", strike "(((1)))" and insert "(1)"

 

             Beginning on page 35, line 36, strike:

             "(((2) Advanced Right of Way Revolving Account Appropriation:

For transfer to the Motor Vehicle Fund. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$             15,000,000))"

 

and insert:

             "(2) Advanced Right of Way Revolving Account Appropriation:

For transfer to the Motor Vehicle Fund. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$                15,000,000"

 

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

 

             The amendment was adopted.

 

             Representative Bush moved the adoption of amendment (568):

 

             On page 19, after line 3, insert the following:

             "(8) $23,000,000 of the motor vehicle account--state appropriation is provided solely for engineering, right-of-way acquisition, and construction of the Yelm bypass."

 

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

 

             Representative Fisher spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative moved the adoption of amendment (574):

 

             On page 19, after line 3, insert the following:

             "(8) $22,000,000 of the motor vehicle account--state appropriation is provided solely for design, right-of-way acquisition, and construction for adding two lanes to state route 7 from two hundred twenty-fourth street to two hundred and sixtieth street."

 

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

 

             Representative Fisher spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Bush moved the adoption of amendment (569):

 

             On page 19, after line 3, insert the following:

             "(8) $10,000,000 of the motor vehicle account--state appropriation is provided solely for engineering, right-of-way acquisition, and construction of an additional lane on state route 162 from Orting to state route 410."

 

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

 

             Representative Fisher spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Anderson moved the adoption of amendment (532):

 

             On page 19, after line 3, insert the following:

 

             "(8) $6,012,000 of the motor vehicle account--state appropriation is provided solely for right-of-way and construction for the state route 202 widening project between state route 520 and Sahalee way."

 

             Representatives Anderson and Pflug spoke in favor of the adoption of the amendment.

 

             Representative Fisher spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Morell moved the adoption of amendment (537):

 

             On page 19, after line 3, insert the following:

 

             "(8) $140,000 of the motor vehicle account--state appropriation is provided solely for beginning construction on the new state route 167 north sumner interchange."

 

             Representatives Morell and Roach spoke in favor of the adoption of the amendment.

 

             Representatives Fisher and Mitchell spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             With the consent of the House, amendment (540) was withdrawn.

 

             Representative Murray moved the adoption of amendment (599):

 

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

 

             "(7)The department of transportation, with approval of the transportation commission, shall expend funds appropriated under this section on the Alaska Way viaduct. Spending on other projects within the preservation program shall be adjusted to accommodate these expenditures."

 

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

 

             The amendment was adopted.

 

             Representative Fisher moved the adoption of amendment (602):

 

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

 

             "(7)The department of transportation, with approval of the transportation commission, shall expend up to $3,000,000 of the motor vehicle account--state appropriation on the incident response program. Spending on other projects within the preservation program shall be adjusted to accommodate these expenditures."

 

             Representatives Fisher, Mitchell and Armstrong spoke in favor of the adoption of the amendment.

 

             Representative Mielke spoke against the adoption of the amendment.

 

             The amendment was adopted.

 

             Representative Fisher moved the adoption of amendment (539):

 

             On page 26, line 17, strike "310,932,000" and insert "311,312,000"

 

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

 

             The amendment was adopted.

 

             With the consent of the House, amendment (531) was withdrawn.

 

             Representative Nixon moved the adoption of amendment (533):

 

             On page 28, line 10, after "legislature." insert the following:

 

"The request for funding shall be sufficient to support a system that prevents the disclosure of personally identifying information of persons who use a smart card to facilitate payment of ferry fares. The requested system may facilitate the disclosure of aggregate information on fare collection to governmental agencies or groups concerned with public transportation or public safety as long as the data does not contain any personally identifying information. The requested system shall not prevent the release of personally identifying information to law enforcement agencies when required by a subpoena."

 

             Representative Nixon and Cooper spoke in favor of the adoption of the amendment.

 

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

 

             The Speaker stated the question before the House to be adoption of amendment (533) to Substitute House Bill No. 2451.

 

ROLL CALL

 

             The Clerk called the roll on the adoption of amendment (533) to Substitute House Bill No. 2451, and the amendment was adopted by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 97.

             Excused: Representative Skinner - 1.

 

             Representative Fisher moved the adoption of amendment (541):

 

             On page 28, line 34, after "activity:" insert the following:

             "(1)"

 

             On page 28, after line 36, insert the following:

             "(2) The entire Washington fruit express account is provided solely to promote the shipment of a variety of agricultural products, including but not limited to, apples, pears, and potatoes."

 

             Representatives Fisher and Mitchell spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Fisher, Mitchell, Mielke and Cooper spoke in favor of passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2451.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2451 and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Orcutt, Pearson, Quall, Reardon, Rockefeller, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 87.

             Voting nay: Representatives Anderson, Cox, Esser, Hunt, Morris, Nixon, Pflug, Roach, Romero, and Schoesler - 10.

             Excused: Representative Skinner - 1.

 

             Engrossed Substitute House Bill No. 2451, having received the necessary constitutional majority, was declared passed.

 

             SUBSTITUTE SENATE BILL NO. 6814, by Senate Committee on Transportation (originally sponsored by Senator Haugen)

 

             Revising transportation fees.

 

             The bill was read the second time.

 

             There being no objection, the committee amendment by the Committee on Transportation was before the House for purpose of amendment. (For committee amendments, see Journal, 50th Day, March 4, 2002.)

 

             Representative Hankins moved the adoption of amendment (561):

 

             On page 8 line 32 after "fee" strike "of thirty dollars" and insert:

             "of fifteen dollars"

 

             On page 11 line 31 after "((seven))" strike "twenty-four" and insert:

             "ten"

 

             On page 26 after line 5 strike all of Sec. 29.

 

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

 

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

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House was placed on final passage.

 

             Representatives Wood, Hankins and Mitchell spoke in favor of passage of the bill.

 

             Representative Mielke, Boldt and Holmquist spoke against the passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Substitute Senate Bill No. 6814, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6814, as amended by the House and the bill passed the House by the following vote: Yeas - 56, Nays - 41, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Ballasiotes, Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 56.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Holmquist, Lisk, Mastin, McMorris, Mielke, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, and Van Luven - 41.

             Excused: Representative Skinner - 1.

 

             Substitute Senate Bill No. 6814, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

MESSAGES FROM THE SENATE

March 12, 2002

Mr. Speaker:

 

             The President has signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5236,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6641,

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

March 13, 2002

Mr. Speaker:

 

             The Senate concurred in the House amendment to the following bills and passed the bills as amended by the House:

SUBSTITUTE SENATE BILL NO. 6351,

SUBSTITUTE SENATE BILL NO. 6439,

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

March 13, 2002

Mr. Speaker:

 

             The Senate has receded from its amendment to ENGROSSED HOUSE BILL NO. 2723 and passed the bill without said amendments, and the same is herewith transmitted.

Tony M. Cook, Secretary

 

March 13, 2002

Mr. Speaker:

 

             The President has signed:

SUBSTITUTE SENATE BILL NO. 6351,

SUBSTITUTE SENATE BILL NO. 6439,

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

March 13, 2002

Mr. Speaker:

 

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

SENATE BILL NO. 6828,

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

SENATE AMENDMENTS TO HOUSE BILL

 

March 13, 2002

Mr. Speaker:

 

             The Senate has passed HOUSE CONCURRENT RESOLUTION NO. 4427, with the following amendments:

 

             On page 1, after line 3, strike all material through "(water)." on line 14 and insert the following:

             "NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the State of Washington, the Senate concurring, That the cutoff dates established in Senate Concurrent Resolution No. 8424 shall not apply to budgets, matters necessary to implement budgets, transportation, and Senate Bill No. 5082 (rural counties), House Bill No. 2846 (buildable lands review and evaluation program), Senate Bill No. 6368 (prescription drugs), Senate Bill No. 6383 (retirement options), House Bill No. 2573 (traffic safety education), House Bill No. 2901 (unemployment insurance), House Bill No. 2950 (local government finance), House Bill No. 3010 (pension policy committee), House Bill No. 2896 (pension portability), House Bill No. 2732 (hospital business and occupation tax), Senate Bill No. 6762, House Bill No. 2993 (water), House Bill No. 2632 (higher education retirement), Senate Bill No. 5965 (real estate excise tax for housing), House Bill No. 2697 (growth management/economic development), House Bill No. 3029 (keno on-line games), Senate Bill No. 6252, Senate bill No. 6564, Senate Bill No. 6431, Senate Bill No. 6251, and Senate Bill No. 6749."

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendment to House Concurrent Resolution No. 4427 and advanced the concurrent resolution as amended by the Senate to final adoption.

 

             House Concurrent Resolution No. 4427 was adopted.

 

SENATE AMENDMENTS TO HOUSE BILL

March 13, 2002

Mr. Speaker:

 

             The Senate receded from its amendments to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2671, and under suspension of the rules returned ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2671 to second reading for purpose of amendments. The Senate further adopted the following amendment and passed the measure as amended"

 

             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. (1) The legislature finds that the health and safety of its citizens, natural resources, and the environment are vital interests of the state that must be protected to preserve the state's quality of life. The legislature also finds that the state's economic well-being is a vital interest that depends upon the development of fair, coordinated environmental permitting processes that ensure that the state not only protects natural resources but also encourages appropriate activities that stimulate growth and development. The legislature further finds that Washington's environmental protection programs have established strict standards to reduce pollution and protect public health and safety and the environment.

             (2) The legislature also finds that, as the number of environmental and land use laws have grown in Washington, so have the number of permits required of business and government. The increasing number of individual permits and permit agencies has generated the potential for conflict, overlap, and duplication among various state, local, and federal permits. Lack of coordination in the processing of project applications may cause costly delays and frustration to applicants.

             (3) The legislature further finds that not all project applicants require the same type of assistance. Applicants with small projects may merely need information about local and state permits and assistance in applying for those permits, while intermediate-sized projects may require a facilitated permit process, and large complex projects may need extensive coordination among local, state, and federal agencies and tribal governments.

             (4) The legislature, therefore, finds that a range of assistance and coordination options should be available to project applicants from a state office independent of any local, state, or federal permit agency. The legislature finds that citizens, businesses, and project applicants should be provided with:

             (a) A reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that may apply to any given project;

             (b) Facilitated interagency forums for discussion of significant issues related to the multiple permitting processes if needed for some project applicants; and

             (c) Active coordination of all applicable regulatory and land use permitting procedures if needed for some project applicants.

             (5) The legislature declares that the purpose of this chapter is to transfer the existing permit assistance center in the department of ecology to a new office of permit assistance in the office of financial management to:

             (a) Assure that citizens, businesses, and project applicants will continue to be provided with vital information regarding environmental and land use laws and with assistance in complying with environmental and land use laws to promote understanding of these laws and to protect public health and safety and the environment;

             (b) Ensure that facilitation of project permit decisions by permit agencies promotes both process efficiency and environmental protection;

             (c) Allow for coordination of permit processing for large projects upon project applicants' request and at project applicants' expense to promote efficiency, ensure certainty, and avoid conflicts among permit agencies; and

             (d) Provide these services through an office independent of any permit agency to ensure that any potential or perceived conflicts of interest related to providing these services or making permit decisions can be avoided.

             (6) The legislature intends that establishing an office of permit assistance will provide these services without abrogating or limiting the authority of any permit agency to make decisions on permits that it issues. The legislature therefore declares that the office of permit assistance shall have authority to provide these services but shall not have any authority to make decisions on permits.

 

             NEW SECTION. Sec. 2. (1) The office of permit assistance is created in the office of financial management and shall be administered by the office of the governor to assist citizens, businesses, and project applicants.

             (2) The office shall:

             (a) Maintain and furnish information as provided in section 5 of this act;

             (b) Furnish facilitation as provided in section 6 of this act;

             (c) Furnish coordination as provided in section 7 of this act;

             (d) Coordinate cost reimbursement as provided in section 8 of this act;

             (e) Work with state agencies and local governments to continue to develop a range of permit assistance options for project applicants;

             (f) Review initiatives developed by the transportation permit efficiency and accountability committee established in chapter 47.06C RCW and determine if any would be beneficial if implemented for other types of projects;

             (g) Work to develop informal processes for dispute resolution between agencies and permit applicants;

             (h) Conduct customer surveys to evaluate its effectiveness; and

             (i) Provide the following biennial reports to the governor and the appropriate committees of the legislature:

             (i) A performance report, based on the customer surveys required in (h) of this subsection;

             (ii) A report on any statutory or regulatory conflicts identified by the office in the course of its duties that arise from differing legal authorities and roles of agencies and how these were resolved. The report may include recommendations to the legislature and to agencies; and

             (iii) A report regarding use of outside independent consultants under section 8 of this act, including the nature and amount of work performed and implementation of requirements relating to costs.

             (3) The office shall give priority to furnishing assistance to small projects when expending general fund moneys allocated to it.

 

             NEW SECTION. Sec. 3. (1) The office shall operate on the principle that citizens of the state of Washington should receive the following information regarding permits:

             (a) A date and time for a decision on a permit;

             (b) The information required for an agency to make a decision on a permit, recognizing that changes in the project or other circumstances may change the information required; and

             (c) An estimate of the maximum amount of costs in fees, studies, or public processes that will be incurred by the project applicant.

             (2) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.

 

             NEW SECTION. Sec. 4. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Office" means the office of permit assistance in the office of financial management established in section 2 of this act.

             (2) "Permit" means any permit, certificate, use authorization, or other form of governmental approval required in order to construct or operate a project in the state of Washington.

             (3) "Permit agency" means any state or local agency authorized by law to issue permits.

             (4) "Project" means any activity, the conduct of which requires a permit or permits from one or more permit agencies.

             (5) "Project applicant" means a citizen, business, or any entity seeking a permit or permits in the state of Washington.

 

             NEW SECTION. Sec. 5. The office shall assist citizens, businesses, and project applicants by maintaining and furnishing information, including, but not limited to:

             (1) To the extent possible, compiling and periodically updating one or more handbooks containing lists and explanations of permit laws, including all relevant local, state, federal, and tribal laws. In providing this information, the office shall seek the cooperation of relevant local, state, and federal agencies and tribal governments;

             (2) Establishing and providing notice of a point of contact for obtaining information;

             (3) Working closely and cooperatively with the business license center in providing efficient and nonduplicative service;

             (4) Collecting and making available information regarding federal, state, local, and tribal government programs that rely on private professional expertise to assist agencies in project permit review; and

             (5) Developing a call center and a web site.

 

             NEW SECTION. Sec. 6. At the request of a project applicant, the office shall assist the project applicant in determining what regulatory requirements, processes, and permits apply to the project, as provided in this section.

             (1) The office shall assign a project facilitator who shall discuss applicable regulatory requirements, permits, and processes with the project applicant and explain the available options for obtaining required permits.

             (2) If the project applicant and the project facilitator agree that the project would benefit from a project scoping, the project facilitator shall conduct a project scoping by the project applicant and the relevant state and local permit agencies. The project facilitator shall invite the participation of the relevant federal permit agencies and tribal governments.

             (a) The purpose of the project scoping is to identify the issues and information needs of the project applicant and the participating permit agencies regarding the project, share perspectives, and jointly develop a strategy for the processing of required permits by each participating permit agency.

             (b) The scoping shall address:

             (i) The permits that are required for the project;

             (ii) The permit application forms and other application requirements of the participating permit agencies;

             (iii) The specific information needs and issues of concern of each participant and their significance; 

             (iv) Any statutory or regulatory conflicts that might arise from the differing authorities and roles of the permit agencies;

             (v) Any natural resources, including federal or state listed species, that might be adversely affected by the project and might cause an alteration of the project or require mitigation; and

             (vi) The anticipated time required for permit decisions by each participating permit agency, including the time required to determine if the permit application is complete, to conduct environmental review, and to review and process the application. In determining the time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated applications, hearings, and comment periods.

             (c) The outcome of the project scoping shall be documented in writing, furnished to the project applicant, and be made available to the public.

             (d) The project scoping shall be completed within sixty days of the project applicant's request for a project scoping.

             (e) Upon completion of the project scoping, the participating permit agencies shall proceed under their respective authority. The agencies are encouraged to remain in communication for purposes of coordination until their final permit decisions are made.

             (3) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.

 

             NEW SECTION. Sec. 7. (1) The office may coordinate the processing by participating permit agencies of permits required for a project, at the request of the project applicant through a cost reimbursement agreement as provided in subsection (3) of this section or with the agreement of the project applicant as provided in subsection (4) of this section.

             (2) The office shall assign a project coordinator to perform any or all of the following functions, as specified by the terms of a cost reimbursement agreement under subsection (3) of this section or an agreement under subsection (4) of this section:

             (a) Serve as the main point of contact for the project applicant;

              (b) Conduct a project scoping as provided in section 6(2) of this act;

             (c) Verify that the project applicant has all the information needed to complete applications;

             (d) Coordinate the permit processes of the permit agencies;

             (e) Manage the applicable administrative procedures;

             (f) Work to assure that timely permit decisions are made by the permit agencies and maintain contact with the project applicant and the permit agencies to ensure adherence to schedules;

             (g) Assist in resolving any conflict or inconsistency among permit requirements and conditions; and

             (h) Coordinate with relevant federal permit agencies and tribal governments to the extent possible.

             (3) At the request of a project applicant and as provided in section 8 of this act, the project coordinator shall coordinate negotiations among the project applicant, the office, and participating permit agencies to enter into a cost reimbursement agreement and shall coordinate implementation of the agreement, which shall govern coordination of permit processing by the participating permit agencies.

             (4) The office may determine that it is in the public interest to coordinate the processing of permits for certain projects that are complex in scope, require multiple permits, involve multiple jurisdictions, or involve a significant number of affected parties. Upon such a determination, the office may enter into an agreement with the project applicant and the participating permit agencies to coordinate the processing of permits for the project. The office may limit the number of such agreements according to the resources available to the office and the permit agencies at the time.

 

             NEW SECTION. Sec. 8. (1) The office may coordinate negotiation and implementation of a written agreement among the project applicant, the office, and participating permit agencies to recover from the project applicant the reasonable costs incurred by the office in carrying out the provisions of sections 6(2) and 7(2) of this act and by participating permit agencies in carrying out permit processing tasks specified in the agreement.

             (2) The office may coordinate negotiation and implementation of a written agreement among the project applicant, the office, and participating permit agencies to recover from the project applicant the reasonable costs incurred by outside independent consultants selected by the office and participating permit agencies to perform permit processing tasks.

             (3) Outside independent consultants may only bill for the costs of performing those permit processing tasks that are specified in a cost reimbursement agreement under this section. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. 

             (4) The office shall adopt a policy to coordinate cost reimbursement agreements with outside independent consultants. Cost reimbursement agreements coordinated by the office under this section must be based on competitive bids that are awarded for each agreement from a prequalified consultant roster.

             (5) Independent consultants hired under a cost reimbursement agreement, shall report directly to the permit agency. The office shall assure that final decisions are made by the permit agency and not by the consultant.

             (6) The office shall develop procedures for determining, collecting, and distributing cost reimbursement for carrying out the provisions of this chapter.

             (7) For a cost reimbursement agreement, the office and participating permit agencies shall negotiate a work plan and schedule for reimbursement. Prior to distributing scheduled reimbursement to the agencies, the office shall verify that the agencies have met the obligations contained in their work plan.

             (8) Prior to commencing negotiations with the project applicant for a cost reimbursement agreement, the office shall request work load analyses from each participating permitting agency. These analyses shall be available to the public. The work load of a participating permit agency may only be modified with the concurrence of the agency and if there is both good cause to do so and no significant impact on environmental review.

             (9) The office shall develop guidance to ensure that, in developing cost reimbursement agreements, conflicts of interest are eliminated.

             (10) For project permit processes that it coordinates, the office shall coordinate the negotiation of all cost reimbursement agreements executed under RCW 43.21A.690, 43.30.420, 43.70.630, 43.300.080, and 70.94.085. The office and the permit agencies shall be signatories to the agreements. Each permit agency shall manage performance of its portion of the agreement.

             (11) If a permit agency or the project applicant foresees, at any time, that it will be unable to meet its obligations under the cost reimbursement agreement, it shall notify the office and state the reasons. The office shall notify the participating permit agencies and the project applicant and, upon agreement of all parties, adjust the schedule, or, if necessary, coordinate revision of the work plan.

 

             NEW SECTION. Sec. 9. (1) There is established the permit assistance advisory council. The council shall:

             (a) Assess the performance of the office;

             (b) Review customer surveys conducted by the office to determine the effectiveness of the office; and

             (c) Make recommendations for improving the performance of the office in carrying out the provisions of this chapter.

             (2) The council shall be composed of eleven members.

             (a) The governor shall appoint seven members, who shall reflect geographical balance and the diversity of population within Washington state. The governor shall include representation from business, the environmental community, agriculture, port districts, counties, cities, and the tribes.

             (b) Two members shall be members of the senate selected by the president of the senate with one member selected from each caucus in the senate, and two members shall be members of the house of representatives selected by the speaker of the house of representatives with one member selected from each caucus in the house of representatives. The legislative members shall be nonvoting members of the council.

             (3) Nonlegislative members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and three shall serve for four years. Thereafter members shall be appointed to four-year terms.

             (4) Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated.

             (5) Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

             (6) The council shall elect a chair and a vice-chair from the voting members. The chair and vice-chair shall serve a term of one year.

             (7) The council shall meet at least four times per year.

 

             NEW SECTION. Sec. 10. (1) The powers, duties, and functions of the permit assistance center at the department of ecology are transferred to the office created in section 2 of this act.

             (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology in carrying out the powers, functions, and duties transferred shall be made available to the office. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office.

             (b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on June 30, 2002, be transferred and credited to the office.

             (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

             (3) All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office. All existing contracts and obligations shall remain in full force and shall be performed by the office.

             (4) The transfer of the powers, duties, and functions of the permit assistance center shall not affect the validity of any act performed before the effective date of this act.

             (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

 

             NEW SECTION. Sec. 11. Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council under chapter 80.50 RCW.

 

             NEW SECTION. Sec. 12. (1) Nothing in this chapter shall be construed to abrogate or diminish the functions, powers, or duties granted to any permit agency by law.

             (2) Nothing in this chapter grants the office authority to decide if a permit shall be issued. The authority for determining if a permit shall be issued shall remain with the permit agency.

 

             NEW SECTION. Sec. 13. A new section is added to chapter 43.131 RCW to read as follows:

             The office of permit assistance established in section 2 of this act and its powers and duties shall be terminated June 30, 2007, as provided in section 14 of this act.

 

             NEW SECTION. Sec. 14. A new section is added to chapter 43.131 RCW to read as follows:

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2008:

             (1) Section 1 of this act;

             (2) Section 2 of this act;

             (3) Section 3 of this act;

             (4) Section 4 of this act;

             (5) Section 5 of this act;

             (6) Section 6 of this act;

             (7) Section 7 of this act;

             (8) Section 8 of this act;

             (9) Section 9 of this act;

             (10) Section 10 of this act;

             (11) Section 11 of this act; and

             (12) Section 12 of this act.

 

             NEW SECTION. Sec. 15. The joint legislative and audit review committee shall work within its existing resources in conducting the sunset review for the office of permit assistance.

 

             NEW SECTION. Sec. 16. Sections 1 through 12 of this act constitute a new chapter in Title 43 RCW.

 

             NEW SECTION. Sec. 17. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2002, in the omnibus appropriations act, this act is null and void.

 

             NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

 

             On page 1, line 2 of the title, after "ecology;" strike the remainder of the title and insert "adding new sections to chapter 43.131 RCW; adding a new chapter to Title 43 RCW; creating new sections; and declaring an emergency."

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendments to Engrossed Second Substitute House Bill No. 2671 and advanced the bill as amended by the Senate to final passage.

 

             Representatives Schoesler and Doumit spoke in favor of the passage of the bill.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2671 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 95.

             Voting nay: Representatives Mielke, and Mulliken - 2.

             Excused: Representative Skinner - 1.

  

             Engrossed Second Substitute House Bill No. 2671, as amended by the Senate having received the constitutional majority, was declared passed.

 

SENATE AMENDMENTS TO HOUSE BILL

March 13, 2002

Mr. Speaker:

 

             The Senate receded from its amendments to HOUSE BILL NO. 2380, and under suspension of the rules returned HOUSE BILL NO 2380 to second reading for purpose of amendments. The Senate further adopted the following amendment and passed the measure as amended.

 

             On page 2, after line 34, insert the following:

 

             "Sec. 2. RCW 13.40.040 and 1999 c 167 s 2 are each amended to read as follows:

             (1) A juvenile may be taken into custody:

             (a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

             (b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

             (c) Pursuant to a court order that the juvenile be held as a material witness; or

             (d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.

             (2) A juvenile may not be held in detention unless there is probable cause to believe that:

             (a) The juvenile has committed an offense or has violated the terms of a disposition order; and

             (i) The juvenile will likely fail to appear for further proceedings; or

             (ii) Detention is required to protect the juvenile from himself or herself; or

             (iii) The juvenile is a threat to community safety; or

             (iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

             (v) The juvenile has committed a crime while another case was pending; or

             (b) The juvenile is a fugitive from justice; or

             (c) The juvenile's parole has been suspended or modified; or

             (d) The juvenile is a material witness.

             (3) Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).

             (4) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

             (((4))) (5) Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of social and health services. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping."

 

             Renumber the remaining section consecutively.

 

             On page 1, line 1 of the title, after "to" strike all material through "72.01.410;" on line 2, and insert "children offenders; amending RCW 72.01.410 and 13.40.040;"

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendments to House Bill No. 2380 and advanced the bill as amended by the Senate to final passage.

 

             Representative Dickerson spoke in favor of the passage of the bill.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of House Bill No. 2380 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 97.

             Excused: Representative Skinner - 1.

  

             House Bill No. 2380, as amended by the Senate having received the constitutional majority, was declared passed.

 

SENATE AMENDMENTS TO HOUSE BILL

March 13, 2002

Mr. Speaker:

 

             The Senate receded from its amendments to SECOND SUBSTITUTE HOUSE BILL NO. 2867, and under suspension of the rules returned SECOND SUBSTITUTE HOUSE BILL NO. 2867 to second reading for purpose of amendments. The Senate further adopted the following amendments and passed the measure as amended:

 

             On page 2, after line 34, insert the following:

 

             "Sec. 2. RCW 13.40.040 and 1999 c 167 s 2 are each amended to read as follows:

             (1) A juvenile may be taken into custody:

             (a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

             (b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

             (c) Pursuant to a court order that the juvenile be held as a material witness; or

             (d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.

             (2) A juvenile may not be held in detention unless there is probable cause to believe that:

             (a) The juvenile has committed an offense or has violated the terms of a disposition order; and

             (i) The juvenile will likely fail to appear for further proceedings; or

             (ii) Detention is required to protect the juvenile from himself or herself; or

             (iii) The juvenile is a threat to community safety; or

             (iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

             (v) The juvenile has committed a crime while another case was pending; or

             (b) The juvenile is a fugitive from justice; or

             (c) The juvenile's parole has been suspended or modified; or

             (d) The juvenile is a material witness.

             (3) Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).

             (4) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

             (((4))) (5) Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of social and health services. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping."

 

             Renumber the remaining section consecutively.

 

             On page 1, line 1 of the title, after "to" strike all material through "72.01.410;" on line 2, and insert "children offenders; amending RCW 72.01.410 and 13.40.040;"

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendments to Second Substitute House Bill No. 2867 and advanced the bill as amended by the Senate to final passage.

 

             Representatives Schoesler and Dunshee spoke in favor of the passage of the bill.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Second Substitute House Bill No. 2867 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 97.

             Excused: Representative Skinner - 1.

  

             Second Substitute House Bill No. 2867, as amended by the Senate having received the constitutional majority, was declared passed.

 

SENATE AMENDMENTS TO HOUSE BILL

March 12, 2002

Mr. Speaker:

 

             The Senate has passed HOUSE BILL NO. 2444, with the following amendments:

 

             Strike everything after the enacting clause and insert the following:

 

             "Sec. 1. RCW 70.128.120 and 2001 c 319 s 8 are each amended to read as follows:

             Each adult family home provider and each resident manager shall have the following minimum qualifications:

             (1) Twenty-one years of age or older;

             (2) For those applying after September 1, 2001, to be licensed as providers, and for resident managers whose employment begins after September 1, 2001, a United States high school diploma or general educational development (GED) certificate or any English or translated government documentation of the following:

             (a) Successful completion of government-approved public or private school education in a foreign country that includes an annual average of one thousand hours of instruction over twelve years or no less than twelve thousand hours of instruction;

             (b) A foreign college, foreign university, or United States community college two-year diploma;

             (c) Admission to, or completion of coursework at, a foreign university or college for which credit was granted;

             (d) Admission to, or completion of coursework at, a United States college or university for which credits were awarded;

             (e) Admission to, or completion of postgraduate coursework at, a United States college or university for which credits were awarded; or

             (f) Successful passage of the United States board examination for registered nursing, or any professional medical occupation for which college or university education preparation was required;

             (3) Good moral and responsible character and reputation;

             (4) Literacy in the English language, however, a person not literate in the English language may meet the requirements of this subsection by assuring that there is a person on staff and available who is able to communicate or make provisions for communicating with the resident in his or her primary language and capable of understanding and speaking English well enough to be able to respond appropriately to emergency situations and be able to read and understand resident care plans;

             (5) Management and administrative ability to carry out the requirements of this chapter;

             (6) Satisfactory completion of department-approved basic training and continuing education training as specified by the department in rule, based on recommendations of the community long-term care training and education steering committee and working in collaboration with providers, consumers, caregivers, advocates, family members, educators, and other interested parties in the rule-making process;

             (7) Satisfactory completion of department-approved, or equivalent, special care training before a provider may provide special care services to a resident;

             (8) Not been convicted of any crime listed in RCW 43.43.830 and 43.43.842; and

             (9) ((Registered with the department of health; and

             (10))) For those applying after September 1, 2001, to be licensed as providers, and for resident managers whose employment begins after September 1, 2001, at least three hundred twenty hours of successful, direct caregiving experience obtained after age eighteen to vulnerable adults in a licensed or contracted setting prior to operating or managing an adult family home.

 

             NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:

             (1) RCW 18.48.010 (Definitions) and 1996 c 81 s 2 & 1995 c 260 s 7;

             (2) RCW 18.48.020 (Registration) and 2000 c 93 s 5, 1996 c 81 s 4, & 1995 c 260 s 8;

             (3) RCW 18.48.030 (Application of uniform disciplinary act) and 1995 c 260 s 9;

             (4) RCW 18.48.050 (Elder care--Professionalization of providers) and 1998 c 272 s 7; and

             (5) RCW 18.48.060 (Advisory committee--Composition--Vacancies--Meetings--Travel expenses--Civil immunity) and 2000 c 171 s 18 & 1998 c 272 s 8.

 

             Sec. 3. RCW 70.128.220 and 1998 c 272 s 9 are each amended to read as follows:

             Adult family homes have developed rapidly in response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population. The growing demand for elder care with a new focus on issues affecting senior citizens, including persons with developmental disabilities, mental illness, or dementia, has prompted a growing professionalization of adult family home providers to address quality care and quality of life issues consistent with standards of accountability and regulatory safeguards for the health and safety of the residents. The establishment of an advisory committee to the ((department of health and the)) department of social and health services under ((RCW 18.48.060)) section 4 of this act formalizes a stable process for discussing and considering these issues among residents and their advocates, regulatory officials, and adult family home providers. The dialogue among all stakeholders interested in maintaining a healthy option for the aging population in community settings assures the highest regard for the well-being of these residents within a benign and functional regulatory environment. The secretary shall be advised by an advisory committee on adult family homes established under ((RCW 18.48.060)) section 4 of this act.

             ((Establishment of the advisory committee shall not prohibit the department of social and health services from utilizing other advisory activities that the department of social and health services deems necessary for program development.))

 

             NEW SECTION. Sec. 4. A new section is added to chapter 70.128 RCW to read as follows:

             (1) In an effort to ensure a cooperative process among the department, adult family home provider representatives, and resident and family representatives on matters pertaining to the adult family home program, the secretary, or his or her designee, shall designate an advisory committee. The advisory committee must include: Representatives from the industry including four adult family home providers, at least two of whom are affiliated with recognized adult family home associations; one representative from the state long-term care ombudsman program; one representative from the statewide resident council program; and two representatives of families and other consumers. The secretary shall appoint a chairperson for the committee from the committee membership for a term of one year. In appointing the chairperson, the secretary shall consult with members of the committee. Depending on the topic to be discussed, the department may invite other representatives in addition to the named members of the advisory committee. The secretary, or his or her designee, shall periodically, but not less than quarterly, convene a meeting of the advisory committee to encourage open dialogue on matters affecting the adult family home program. It is, minimally, expected that the department will discuss with the advisory committee the department's inspection, enforcement, and quality improvement activities, in addition to seeking their comments and recommendations on matters described under subsection (2) of this section.

             (2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory committee prior to the adoption of rules and standards, implementation of adult family home provider programs, or development of methods and rates of payment.

             (3) Establishment of the advisory committee shall not prohibit the department of social and health services from utilizing other advisory activities that the department of social and health services deems necessary for program development.

             (4) Members of the advisory committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 from license fees collected under chapter 70.128 RCW.

 

             NEW SECTION. Sec. 5. The department of health shall return the funds collected by the department in connection with the power, functions, and duties repealed under section 2 of this act, less actual program costs, to credentialed adult family home providers and resident managers registered under chapter 18.48 RCW. The department of health shall determine the formula for distribution of these funds based upon payment of registration fees during the previous two renewal periods.

 

             Sec. 6. RCW 18.130.040 and 2001 c 251 s 27 are each amended to read as follows:

             (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

             (2)(a) The secretary has authority under this chapter in relation to the following professions:

             (i) Dispensing opticians licensed under chapter 18.34 RCW;

             (ii) Naturopaths licensed under chapter 18.36A RCW;

             (iii) Midwives licensed under chapter 18.50 RCW;

             (iv) Ocularists licensed under chapter 18.55 RCW;

             (v) Massage operators and businesses licensed under chapter 18.108 RCW;

             (vi) Dental hygienists licensed under chapter 18.29 RCW;

             (vii) Acupuncturists licensed under chapter 18.06 RCW;

             (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

             (ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

             (x) Persons registered under chapter 18.19 RCW;

             (xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW;

             (xii) Persons registered as nursing pool operators under chapter 18.52C RCW;

             (xiii) Nursing assistants registered or certified under chapter 18.88A RCW;

             (xiv) Health care assistants certified under chapter 18.135 RCW;

             (xv) Dietitians and nutritionists certified under chapter 18.138 RCW;

             (xvi) Chemical dependency professionals certified under chapter 18.205 RCW;

             (xvii) Sex offender treatment providers certified under chapter 18.155 RCW;

             (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

             (xix) ((Persons registered as adult family home providers and resident managers under RCW 18.48.020;

             (xx))) Denturists licensed under chapter 18.30 RCW;

             (((xxi))) (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW; and

             (((xxii))) (xxi) Surgical technologists registered under chapter 18.215 RCW.

             (b) The boards and commissions having authority under this chapter are as follows:

             (i) The podiatric medical board as established in chapter 18.22 RCW;

             (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

             (iii) The dental quality assurance commission as established in chapter 18.32 RCW;

             (iv) The board of hearing and speech as established in chapter 18.35 RCW;

             (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

             (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

             (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

             (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

             (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

             (x) The board of physical therapy as established in chapter 18.74 RCW;

             (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

             (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

             (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

             (xiv) The veterinary board of governors as established in chapter 18.92 RCW.

             (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

             (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

 

             NEW SECTION. Sec. 7. Section 1 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 immediately."

 

             On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "regulation of adult family home providers and resident managers; amending RCW 70.128.120, 70.128.220, and 18.130.040; adding a new section to chapter 70.128 RCW; creating a new section; repealing RCW 18.48.010, 18.48.020, 18.48.030, 18.48.050, and 18.48.060; and declaring an emergency."

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendments to House Bill No. 2444 and advanced the bill as amended by the Senate to final passage.

 

             Representative Darneille spoke in favor of the passage of the bill.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of House Bill No. 2444 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 97.

             Excused: Representative Skinner - 1.

  

             House Bill No. 2444, as amended by the Senate having received the constitutional majority, was declared passed.

 

SENATE AMENDMENTS TO HOUSE BILL

March 13, 2002

Mr. Speaker:

 

             The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2403, with the following amendments:

 

             On page 1, on line 16 ,after "boards" strike the following: "of regents"

 

             On page 2, on line 33, after "the" strike the following: "respective"

 

             On page 2, on line 33, after "of" strike the following: "regents and"

 

             On page 3, on line 34, after "means" strike the following: "the board of regents or"

 

             On page 4, on line 18, after "means" strike the following: "the University of Washington, Washington State University,"

 

             On page 12, on line 28, after "faculty" strike the following: "or board of regents"

 

             On page 13, on line 29, after "the" strike the following: "board of regents or"

 

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House concurred in the Senate amendments to Second Substitute House Bill No. 2403 and advanced the bill as amended by the Senate to final passage.

 

             Representatives Kenney, Clements, Schoesler and McIntire spoke in favor of the passage of the bill.

 

             Representative Cox spoke against the passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2403, as amended by the Senate.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Second Substitute House Bill No. 2403, as amended by the Senate and the bill passed the House by the following vote: Yeas - 52, Nays - 45, Absent - 0, Excused - 1, Not Voting - 0.

             Voting yea: Representatives Berkey, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 52.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, Van Luven, and Woods - 45.

             Excused: Representative Skinner - 1.

 

             Second Substitute House Bill No. 2403, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 13, 2002

Mr. Speaker:

 

             The Senate insists on its position on SENATE BILL NO. 5478 and asks the House to recede from the House amendments.

 

And the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House adhered to its position on Senate Bill No. 5478 and asked the Senate to concur thereon.

 

SECOND READING

 

             HOUSE BILL NO. 2458, by Representative Sommers; by request of Department of Social and Health Services

 

             Authorizing the department of social and health services to establish licensing fees for adult family homes.

 

             The bill was read the second time.

 

             Representative Sommers moved the adoption of amendment (576):

 

             On page 2, line 27, after "amount" strike all material through "homes" on line 29 and insert "consistent with the adult family home licensing expenditures and revenues authorized in the biennial appropriations act"

 

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

 

             The amendment was adopted.

 

             Representative Cody moved the adoption of amendment (594):

 

             On page 3, after line 2, insert the following:

 

             "NEW SECTION. Sec. 2. A new section is added to chapter 70.128 RCW to read as follows:

 

             No department employee shall discriminate or retaliate in any manner against an adult family home operator or employee on the basis or for the reason that the operator or employee made a complaint against the department or any of its employees."

 

             Correct the title.

 

             Representatives Cody and Mastin spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             The bill was ordered engrossed.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Cody and Sommers spoke in favor of passage of the bill.

 

             Representatives Sehlin, Campbell, Boldt, Mielke and Darneille spoke against the passage of the bill.

 

             There being no objection, the House deferred action on Engrossed House Bill No. 2458, and the bill held its place on third reading.

 

             THIRD SUBSTITUTE SENATE BILL NO. 5514, by Senate Committee on Ways & Means (originally sponsored by Senators Spanel, Carlson, Hale, Gardner, Rasmussen, Winsley, Regala, Costa and Fraser)

 

             Changing provisions relating to public facilities districts.

 

             The bill was read the second time.

 

             Representative Mielke moved the adoption of amendment (598):

 

             On page 6, beginning on line 9, strike all of subsection (1) and insert the following:

             "(1)(a) Except as provided in subsection (6) of this section and (b) of this subsection, the governing body of a public facilities district created before July 31, 2002, under chapter 35.57 or 36.100 RCW that commences construction of a new regional center, or improvement or rehabilitation of an existing ((new)) regional center, before January 1, ((2003)) 2004, may impose a sales and use tax in accordance with the terms of this chapter.

             (b) Except as provided in subsection (6) of this section, the governing body of a public facilities district created under chapter 35.57 or 36.100 RCW, that is located in a county with a population between three hundred thousand and three hundred seventy-five thousand, as determined by the office of financial management and published each year by the department for the period July 1st to June 30th, and that commences construction of a new regional center, or improvement or rehabilitation of an existing regional center, before January 1, 2003, may impose a sales and use tax in accordance with the terms of this chapter.

             (c) The tax is in addition to other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the public facilities district. The rate of tax shall not exceed 0.033 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax."

 

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

 

             Representative Gombosky spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Boldt moved the adoption of amendment (597):

 

             On page 6, beginning on line 13, strike "new" and insert "((new))"

 

             On page 7, line 8, after "(5)" insert "No moneys collected under this section may be used for the construction of a new regional center, or improvement or rehabilitation of an existing regional center where the public facilities district created under chapter 35.57 or 36.100 RCW has entered into a project labor agreement involving the construction, improvement, or rehabilitation of a regional center.

             (6)"

 

             Renumber the remaining subsection consecutively and correct internal references accordingly.

 

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

 

             Representative Gombosky spoke against the adoption of the amendment.

 

             The amendment was not adopted.

 

             Representative Gombosky moved the adoption of amendment (587):

 

             On page 7, after line 18, insert the following:

 

             "Sec. 5. RCW 35.21.280 and 1999 c 165 s 19 are each amended to read as follows:

             (1) Every city and town may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place: PROVIDED, No city or town shall impose such tax on persons paying an admission to any activity of any elementary or secondary school or any public facility of a public facility district under chapter 35.57 or 36.100 RCW for which a tax is imposed under RCW 35.57.100 or 36.100.210((. This)), except the city or town may impose a tax on persons paying an admission to any activity of such public facility if the city or town uses the admission tax revenue it collects on the admission charges to that public facility for the construction, operation, maintenance, repair, replacement, or enhancement of that public facility or to develop, support, operate, or enhance programs in that public facility.

             (2) Tax authorization under this section includes a tax on persons who are admitted free of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same privileges or accommodations. A city that is located in a county with a population of one million or more may not levy a tax on events in stadia constructed on or after January 1, 1995, that are owned by a public facilities district under chapter 36.100 RCW and that have seating capacities over forty thousand. The city or town may require anyone who receives payment for an admission charge to collect and remit the tax to the city or town.

             (3) The term "admission charge" includes:

             (((1))) (a) A charge made for season tickets or subscriptions;

             (((2))) (b) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations;

             (((3))) (c) A charge made for food and refreshment in any place where free entertainment, recreation or amusement is provided;

             (((4))) (d) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;

             (((5))) (e) Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile."

 

             Correct the title.

 

             Representatives Gombosky and Alexander spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House was placed on final passage.

 

             Representatives Gombosky and Alexander spoke in favor of passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Third Substitute Senate Bill No. 5514, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Third Substitute Senate Bill No. 5514, as amended by the House and the bill passed the House by the following vote: Yeas - 89, Nays - 8, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Buck, Cairnes, Campbell, Carrell, Casada, Chase, Clements, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 89.

             Voting nay: Representatives Boldt, Bush, Chandler, Crouse, Holmquist, Lisk, Mulliken, and Schindler - 8.

             Excused: Representative Skinner - 1.

 

             Third Substitute Senate Bill No. 5514, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

             SENATE BILL NO. 6591, by Senators Prentice and Oke; by request of Department of Revenue

 

             Changing the taxation of tobacco products to provide for the taxation of products purchased for resale from persons immune from state tax.

 

             The bill was read the second time.

 

             Representative Gombosky moved the adoption of amendment (596):

             "NEW SECTION. Sec. 5. A new section is added to chapter 82.26 RCW to read as follows:

             (1) The department shall by rule establish the invoice detail required under RCW 82.26.060 for a distributor under RCW 82.26.010(3)(d) and for those invoices required to be provided to retailers under RCW 82.26.070.

             (2) If a retailer fails to keep invoices as required under chapter 82.32 RCW, the retailer is liable for the tax owed on any uninvoiced tobacco products but not penalties and interest, except as provided in subsection (3) of this section.

             (3) If the department finds that the nonpayment of tax by the retailer was willful or if in the case of a second or plural nonpayment of tax by the retailer, penalties and interest shall be assessed in accordance with chapter 82.32 RCW."

 

             Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.

 

             Representatives Gombosky and Cairnes spoke in favor of the adoption of the amendment.

 

             The amendment was adopted.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House was placed on final passage.

 

             Representatives Gombosky, Cairnes and Clements spoke in favor of passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Senate Bill No. 6591, as amended by the House.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Senate Bill No. 6591, as amended by the House and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Ballasiotes, Barlean, Benson, Berkey, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, McDermott, McIntire, McMorris, Miloscia, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 87.

             Voting nay: Representatives Armstrong, Ballard, Boldt, Bush, Crouse, Dunn, Mastin, Mielke, Mitchell, and Schindler - 10.

             Excused: Representative Skinner - 1.

 

             Senate Bill No. 6591, as amended by the House, having received the necessary constitutional majority, was declared passed.

 

             There being no objection, Rule 13c was suspended.

 

MESSAGES FROM THE SENATE

March 13, 2002

Mr. Speaker:

 

             The President has signed:

SECOND SUBSTITUTE SENATE BILL NO. 5949,

SECOND SUBSTITUTE SENATE BILL NO. 6353,

and the same are herewith transmitted.

Tony M. Cook, Secretary

 

March 13, 2002

Mr. Speaker:

 

             The Senate has passed:

ENGROSSED HOUSE BILL NO. 2993,

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

             There being no objection, the House reverted to the fourth order of business.

 

INTRODUCTION & FIRST READING

 

SB 5082            by Senators Haugen, T. Sheldon, Rasmussen and Gardner

 

             AN ACT Relating to defining rural counties for purposes of sales and use tax for public facilities; and amending RCW 82.14.370.

 

SB 6585            by Senators Thibaudeau and Deccio; by request of Department of Social and Health Services

 

             AN ACT Relating to requiring support payments for developmentally disabled children in out-of-home care as a result of the budget deficit; and amending RCW 13.34.160, 13.34.270, 74.13.031, 74.13.350, and 74.20A.030.

 

SSB 6833          by Senate Committee on Ways & Means (originally sponsored by Senators Brown, Winsley, Thibaudeau and Franklin)

 

             AN ACT Relating to medical care for certain immigrants; amending RCW 74.08A.100 and 74.09.415; and providing an effective date.

 

             There being no objection, Senate Bill No. 5082 was read the first time, the rules were suspended and the bill was placed on the second reading calendar.

 

             There being no objection, Senate Bill No. 6585 was read the first time, the rules were suspended and the bill was placed on the second reading calendar.

 

             There being no objection, Substitute Senate Bill No. 6833 was read the first time, the rules were suspended and the bill was placed on the second reading calendar.

 

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

 

SECOND READING

 

             SUBSTITUTE SENATE BILL NO. 6823, by Senate Committee on Ways & Means (originally sponsored by Senators Finkbeiner and McAuliffe)

 

             Regarding the salary formula for state-funded basic education certificated instructional staff.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Sommers and Cox spoke in favor of passage of the bill.

 

             Representative Sehlin and Talcott spoke against the passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Substitute Senate Bill No. 6823.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6823 and the bill passed the House by the following vote: Yeas - 50, Nays - 47, Absent - 0, Excused - 1.

             Voting yea: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 50.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, Van Luven, and Woods - 47.

             Excused: Representative Skinner - 1.

 

             Substitute Senate Bill No. 6823, having received the necessary constitutional majority, was declared passed.

 

             SENATE BILL NO. 6832, by Senators Brown, Winsley, Thibaudeau, Deccio and Franklin

 

             Establishing department of social and health services authority to purchase interpreter services for public assistance recipients.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Cody and Boldt spoke in favor of passage of the bill.

 

             Representative Mulliken spoke against the passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Senate Bill No. 6832.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Senate Bill No. 6832 and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 96.

             Voting nay: Representative Mulliken - 1.

             Excused: Representative Skinner - 1.

 

             Senate Bill No. 6832, having received the necessary constitutional majority, was declared passed.

 

             SENATE BILL NO. 5082, by Senators Haugen, T. Sheldon, Rasmussen and Gardner

 

             Defining rural counties for purposes of sales and use tax for public facilities in rural counties.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives Barlean and Sehlin spoke in favor of passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Senate Bill No. 5082.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Senate Bill No. 5082 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 95.

             Voting nay: Representatives Cairnes and Roach - 2.

             Excused: Representative Skinner - 1.

 

             Senate Bill No. 5082, having received the necessary constitutional majority, was declared passed.

 

             SUBSTITUTE SENATE BILL NO. 6833, by Senate Committee on Ways & Means (originally sponsored by Senators Brown, Winsley, Thibaudeau and Franklin)

 

             Revising medical care eligibility for certain immigrants.

 

             The bill was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

 

             Representatives * spoke in favor of passage of the bill.

 

             Representative * spoke against the passage of the bill.

 

             The Speaker stated the question before the House to be the final passage of Substitute Senate Bill No. 6833.

 

ROLL CALL

 

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6833 and the bill passed the House by the following vote: Yeas - 52, Nays - 45, Absent - 0, Excused - 1.

             Voting yea: Representatives Ballasiotes, Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 52.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott, Van Luven, and Woods - 45.

             Excused: Representative Skinner - 1.

 

             Substitute Senate Bill No. 6833, having received the necessary constitutional majority, was declared passed.

 

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6387, by Senate Committee on Ways & Means (originally sponsored by Senator Brown; by request of Governor Locke)

 

             Making 2001-03 biennium supplemental operating appropriations.

 

             The bill was read the second time.

 

             Representative Sommers moved the adoption of amendment (580):

 

             Strike everything after the enacting clause and insert the following:

 

"PART I

GENERAL GOVERNMENT

 

             Sec. 101. 2001 2nd sp.s. c 7 s 101 (uncodified) is amended to read as follows:

FOR THE HOUSE OF REPRESENTATIVES

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 28,313,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((28,497,000))

27,072,000

Department of Retirement Systems Expense Account--State Appropriation. . . . . . . . . . .$                        45,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((56,855,000))

55,430,000

 

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

             (1) $25,000 of the general fund--state appropriation is provided solely for allocation to Project Citizen, a program of the national conference of state legislatures to promote student civic involvement.

             (2) $15,000 of the general fund--state appropriation for fiscal year 2002 is provided for the legislature to continue the services of expert counsel on legal and policy issues relating to services for persons with developmental disabilities.

 

             Sec. 102. 2001 2nd sp.s. c 7 s 102 (uncodified) is amended to read as follows:

FOR THE SENATE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 22,863,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((23,999,000))

22,799,000

Department of Retirement Systems Expense Account--State Appropriation. . . . . . . . . . .$                        45,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((46,907,000))

45,707,000

 

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

             (1) $25,000 of the general fund--state appropriation is provided solely for allocation to Project Citizen, a program of the national conference of state legislatures to promote student civic involvement.

             (2) $15,000 of the general fund--state appropriation for fiscal year 2002 is provided for the legislature to continue the services of expert counsel on legal and policy issues relating to services for persons with developmental disabilities.

 

             Sec. 103. 2001 2nd sp.s. c 7 s 103 (uncodified) is amended to read as follows:

FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,436,000))

2,131,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,938,000))

2,150,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,374,000))

4,281,000

 

             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 2002 and $75,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the joint legislative audit and review committee to conduct an evaluation of the client outcomes of the high school transition program operated by the department of social and health services division of developmental disabilities. The study shall identify the different approaches that have been used in providing transition services and whether some approaches are more or less successful in helping young adults with developmental disabilities achieve greater levels of independence. The study shall evaluate how transition programs reduce the level of support provided to clients as they achieve greater levels of independence, and shall be submitted to the appropriate committees of the legislature by December 1, 2002.)) $130,000 of the general fund--state appropriation for fiscal year 2002 and $470,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for conducting a performance audit of the department of social and health services division of developmental disabilities. The audit shall determine whether the division has complied with significant laws and regulations applicable to the program and evaluate the adequacy of management processes for measuring, reporting, and monitoring program effectiveness, economy, and efficiency.

             (a) Special emphasis shall be placed on how the division:

             (i) Determines and monitors eligibility;

             (ii) Determines what types and levels of services are to be provided;

             (iii) Determines that clients are receiving services;

             (iv) Tracks client progress and evaluates the benefits of services being provided;

             (v) Enforces the terms of its contracts with providers; and

             (vi) Determines it is doing an efficient and effective job of meeting its legislative mandates.

             (b) The audit shall also include a comparison among the division of developmental disabilities and other program areas in the department of social and health services that deliver similar client services. This comparison shall cover eligibility assessment, functional needs assessment, service requirements assessment, and the linkage between assessed client needs and the agency services authorized and delivered.

             (c) The committee shall make recommendations, as appropriate, for the improvement of services and system performance. The committee may contract for consulting services in conducting the study. Interim findings shall be submitted to the fiscal committees of the legislature by December 1, 2002. The final report shall be submitted to the legislature no later than June 30, 2003.

             (2) $50,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the joint legislative audit and review committee to conduct a capacity planning study of the capital facilities of the state school for the deaf. The committee's study shall be carried out in conjunction with the study of educational service delivery models conducted by the state institute for public policy. The study shall be submitted to the fiscal committees of the legislature by September 30, 2002.

             (3) (($35,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for)) The joint legislative audit and review committee ((to)) shall conduct a review of water conservancy boards. The review shall include an assessment of the operating costs of existing boards; the sources of funding for board operations; sources of in-kind support for board operations; assessment of the value of water rights subject to change or transfer decisions; the range of costs of processing water right transfer applications by the boards as well as by the department of ecology for applications filed directly with the department; the costs to the department of training, assistance, and review of board recommendations on applications; board membership and board recordkeeping; and public participation procedures for both the water conservancy boards and the department of ecology. The committee shall submit its review by ((January 1, 2003)) December 1, 2004, to the appropriate policy and fiscal committees of the legislature.

             (4) $40,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for a follow-up review to report number 98-3, the performance audit of the department of corrections. The follow-up study shall include but not be limited to a review of:

             (a) Community supervision activities performed by the department;

             (b) The implementation of risk-based classification and community placement models;

             (c) The early implementation of the offender accountability act; and

             (d) The cost impacts of the risk-based models and the offender accountability act.

             The committee shall consult with the Washington state institute for public policy regarding data and findings from the institute's current studies on these issues. A report of the follow-up study shall be submitted to the relevant policy and fiscal committees of the legislature by December 21, 2001. Upon the completion of the follow-up review, the committee shall make a determination whether an additional phase of study is needed. If further study is indicated, the committee shall submit to the relevant policy and fiscal committees of the legislature its plan and cost estimate for such study by March 29, 2002.

             (5) $140,000 of the general fund--state appropriation for fiscal year 2002 is provided for a study of children's mental health in Washington. The study shall include but not be limited to:

             (a) A review of plans and services for children, including those for early periodic screening, diagnosis, and treatment;

             (b) A review of the implementation of the plans;

             (c) A review of the availability and reliability of fiscal, program, and outcome data relating to mental health services provided to children; and

             (d) A survey of mental health services for children among the state's regional support networks.

             The committee shall make recommendations, as appropriate, for the improvement of services and system performance, including the need for performance and client outcome measures. The committee may contract for consulting services in conducting the study. The committee shall submit a report to the appropriate policy and fiscal committees of the legislature by July 1, 2002.

             (6) Within the amounts provided in this section, the joint legislative audit and review committee shall conduct a study of the Washington management service. The study shall include findings regarding (a) growth in the number of positions in the Washington management service, (b) growth in salary levels and structure since the Washington management service's inception, and (c) other compensation practices used within the Washington management service. The department of personnel shall cooperate with the committee in conducting the study and provide information as requested by the committee. The committee shall provide a report to the fiscal committees of the legislature by December 31, 2001.

             (7) Within the amounts provided in this section, the joint legislative audit and review committee shall review all aspects of the mental health prevalence study completed in accordance with section 204 of this act, including but not limited to the contractor selection process, if any; the study design and workplan; the implementation of the study; and the draft and final reports.

             (8) The committee shall study and report on pipeline safety as provided in section 149 of this act.

 

             Sec. 104. 2001 2nd sp.s. c 7 s 104 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,329,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,462,000))

1,418,000

Public Works Assistance Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $                      203,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,994,000))

2,950,000

 

             Sec. 105. 2001 2nd sp.s. c 7 s 105 (uncodified) is amended to read as follows:

FOR THE OFFICE OF THE STATE ACTUARY

Department of Retirement Systems Expense Account--State Appropriation. . . . . . . . . . .$              ((1,923,000))

2,054,000

 

             The appropriation in this section is subject to the following conditions and limitations: The joint committee on pension policy, in collaboration with various interested parties, shall study issues of pension governance and recommend legislation for consideration in the 2002 legislative session.

 

             Sec. 106. 2001 2nd sp.s. c 7 s 106 (uncodified) is amended to read as follows:

FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   6,421,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((7,043,000))

6,832,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((13,464,000))

13,253,000

 

             Sec. 107. 2001 2nd sp.s. c 7 s 107 (uncodified) is amended to read as follows:

FOR THE STATUTE LAW COMMITTEE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   3,909,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,038,000))

3,917,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((7,947,000))

7,826,000

 

             The appropriations in this section are subject to the following conditions and limitations: $41,000 of the general fund fiscal year 2002 appropriation and $43,000 of the general fund fiscal year 2003 appropriation are provided solely for the uniform legislation commission.

 

             Sec. 108. 2001 2nd sp.s. c 7 s 109 (uncodified) is amended to read as follows:

FOR THE SUPREME COURT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((5,423,000))

5,500,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((5,510,000))

5,487,000

                          TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $            ((10,933,000))

10,987,000

 

             Sec. 109. 2001 2nd sp.s. c 7 s 110 (uncodified) is amended to read as follows:

FOR THE LAW LIBRARY

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,982,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,983,000))

1,924,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((3,965,000))

3,906,000

 

             Sec. 110. 2001 2nd sp.s. c 7 s 111 (uncodified) is amended to read as follows:

FOR THE COURT OF APPEALS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((12,746,000))

12,894,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((12,878,000))

12,724,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((25,624,000))

25,618,000

 

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

             (1) $505,000 of the general fund--state appropriation for fiscal year 2002 and $606,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for lease increases associated with the division I facility. ((Within the funds provided in this subsection, the court of appeals shall conduct a space planning study exploring options dealing with remodeling existing space to accommodate needs and evaluating the cost and benefits of moving to another location.))

             (2) $168,000 of the general fund--state appropriation for fiscal year 2002 and $159,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for providing compensation adjustments to nonjudicial staff of the court of appeals. Within the funds provided in this subsection, the court of appeals shall determine the specific positions to receive compensation adjustments based on recruitment and retention difficulties, new duties or responsibilities assigned, and salary inversion or compression within the court of appeals.

 

             Sec. 111. 2001 2nd sp.s. c 7 s 112 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON JUDICIAL CONDUCT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      955,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((969,000))

940,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,924,000))

1,895,000

 

             Sec. 112. 2001 2nd sp.s. c 7 s 113 (uncodified) is amended to read as follows:

FOR THE ADMINISTRATOR FOR THE COURTS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((14,247,000))

14,900,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((14,386,000))

15,388,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$            ((29,634,000))

27,468,000

Judicial Information Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$                 27,758,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((86,025,000))

85,514,000

 

             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. As required by 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. During each fiscal year in the 2001-03 biennium, the office of the administrator for the courts shall send written notice to the office of community development in the department of community, trade, and economic development when each county pays its fifty percent share for the year.

             (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 2002, $285,000 of the general fund--state appropriation for fiscal year 2003, 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) $750,000 of the general fund--state appropriation for fiscal year 2002 and $750,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for court-appointed special advocates in dependency matters. The administrator for the courts, after consulting with the association of juvenile court administrators and the 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.

             (7) $750,000 of the public safety and education account--state appropriation is provided solely for judicial program enhancements. Within the funding provided in this subsection, the administrator for the courts, in consultation with the supreme court, shall determine the program or programs to receive an enhancement. Among the programs that may be funded from the amount provided in this subsection are unified family courts.

             (8) (($1,618,000 of the public safety and education account--state appropriation is provided solely for increases for juror pay. The office of the administrator for the courts may contract with local governments to provide additional juror pay. The contract shall provide that the local government is responsible for the first ten dollars of juror compensation for each day or partial day of jury service, and the state shall reimburse the local government for any additional compensation, excluding the first day, up to a maximum of fifteen dollars per day.)) $1,800,000 of the judicial information systems account--state appropriation is provided solely for improvements and enhancements to the judicial information systems. This funding shall only be expended after the office of the administrator for the courts certifies to the office of financial management that there will be at least a $1,000,000 ending fund balance in the judicial information systems account at the end of the 2001-03 biennium.

 

             Sec. 113. 2001 2nd sp.s. c 7 s 114 (uncodified) is amended to read as follows:

FOR THE OFFICE OF PUBLIC DEFENSE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      600,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      500,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$            ((12,626,000))

12,344,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((13,226,000))

13,444,000

 

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

             (1) (($233,000)) $204,000 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 chapter 303, Laws of 1999 (court funding).

             (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 appropriations ((is)) are provided solely for the continuation of 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. A final evaluation shall be submitted to the governor and the fiscal committees of the legislature no later than February 1, 2002.

             (d) The chair of the office of public defense advisory committee shall appoint an implementation committee to:

             (i) Develop criteria for a statewide program to improve dependency and termination defense;

             (ii) Examine caseload impacts to the courts resulting from improved defense practices; and

             (iii) Identify methods for the efficient use of expert services and means by which parents may effectively access services.

             If sufficient funds are available, the office of public defense shall contract with the Washington state institute for public policy to research how reducing dependency and termination case delays affects foster care and to identify factors that are reducing the number of family reunifications that occur in dependency and termination cases.

             (5) $50,000 of the public safety and education account--state appropriation is provided solely for the evaluation required in chapter 92, Laws of 2000 (DNA testing).

             (6) $235,000 of the public safety and education account--state appropriation is provided solely for the office of public defense to contract with an existing public defender association to establish a capital defense assistance center.

 

             Sec. 114. 2001 2nd sp.s. c 7 s 115 (uncodified) is amended to read as follows:

FOR THE OFFICE OF THE GOVERNOR

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,537,000))

4,497,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,524,000))

4,028,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      219,000

Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                   3,908,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((13,188,000))

12,652,000

 

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

             (1) $3,908,000 of the water quality account appropriation and $219,000 of the general fund--federal appropriation are provided solely for the Puget Sound water quality action team to implement 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 2002 ((and $100,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for the salmon recovery office to support the efforts of the independent science panel.

 

             Sec. 115. 2001 2nd sp.s. c 7 s 116 (uncodified) is amended to read as follows:

FOR THE LIEUTENANT GOVERNOR

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      449,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((451,000))

428,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((900,000))

877,000

 

             Sec. 116. 2001 2nd sp.s. c 7 s 117 (uncodified) is amended to read as follows:

FOR THE PUBLIC DISCLOSURE COMMISSION

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,910,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,903,000))

1,846,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((3,813,000))

3,756,000

 

             Sec. 117. 2001 2nd sp.s. c 7 s 118 (uncodified) is amended to read as follows:

FOR THE SECRETARY OF STATE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((10,513,000))

10,485,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((8,707,000))

6,446,000

Archives and Records Management Account--State Appropriation. . . . . . . . . . . . . . . . . .$              ((7,295,000))

7,877,000

Archives and Records Management Account--Private/Local Appropriation. . . . . . . . . . .$              ((3,860,000))

4,572,000

Department of Personnel Service Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $                 ((719,000))

701,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((31,094,000))

30,081,000

 

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

             (1) (($2,296,000)) $2,126,000 of the general fund--state appropriation for fiscal year 2002 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. Counties shall be reimbursed only for those odd-year election costs that the secretary of state validates as eligible for reimbursement.

             (2) (($2,193,000)) $2,143,000 of the general fund--state appropriation for fiscal year 2002 and (($2,712,000)) $2,578,000 of the general fund--state appropriation for fiscal year 2003 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.

             (3) $125,000 of the general fund--state appropriation for fiscal year 2002 and (($125,000)) $118,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for legal advertising of state measures under RCW 29.27.072.

             (4)(a) $1,944,004 of the general fund--state appropriation for fiscal year 2002 and $1,986,772 of the general fund--state appropriation for fiscal year 2003 are provided solely for contracting with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of statewide significance during the 2001-2003 biennium. An eligible nonprofit organization must be formed solely for the purpose of, and be experienced in, providing gavel-to-gavel television coverage of state government deliberations and other events of statewide significance and must have received a determination of tax-exempt status under section 501(c)(3) of the federal internal revenue code. 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.

             (b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a four-year contract with the nonprofit organization to provide public affairs coverage through June 30, 2006.

             (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.

             (5)(a) $149,316 of the archives and records management--state appropriation and $597,266 of the archives and records management--private/local appropriation are provided solely for the construction of an eastern regional archives. The amounts provided in this subsection shall lapse if:

             (i) The financing contract for the construction of an eastern regional archives building is not authorized in the capital budget for the 2001-03 fiscal biennium; or

             (ii) Substitute House Bill No. 1926 (increasing the surcharge on county auditor recording fees) is not enacted by July 31, 2001.

             (b) (($613,879)) $566,879 of the archives and records management--state appropriation and (($463,102)) $451,102 of the archives and records management--private/local appropriation are provided solely for the design and establishment of an electronic data archive, including the acquisition of hardware and software. The amounts provided in this subsection shall lapse if:

             (i) The financing contract for acquisition of technology hardware and software for the electronic data archive is not authorized in the capital budget for the 2001-03 fiscal biennium; or

             (ii) Substitute House Bill No. 1926 (increasing the surcharge on county auditor recording fees) is not enacted by June 30, 2001.

             (6) If the financing contract for expansion of the state records center is not authorized in the capital budget for fiscal biennium 2001-03, then $641,000 of the archives and records management account--state appropriation shall lapse.

             (7) (($867,000)) $1,635,000 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).

 

             Sec. 118. 2001 2nd sp.s. c 7 s 119 (uncodified) is amended to read as follows:

FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      269,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((282,000))

274,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((551,000))

543,000

 

             Sec. 119. 2001 2nd sp.s. c 7 s 120 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      233,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((233,000))

201,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((466,000))

434,000

 

             Sec. 120. 2001 2nd sp.s. c 7 s 123 (uncodified) is amended to read as follows:

FOR THE STATE AUDITOR

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,078,000))

901,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,324,000))

1,401,000

State Auditing Services Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . . .$            ((13,540,000))

13,193,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((15,942,000))

15,495,000

 

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

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

             (2) (($910,000)) $901,000 of the general fund--state appropriation for fiscal year 2002 and (($910,000)) $901,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.

             (3)(a) $500,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for contracts with an independent entity or entities to conduct objective and systematic performance audits of the division of developmental disabilities of the department of social and health services and the Washington department of fish and wildlife.

             (b) The performance audits shall provide an independent assessment of the performance of the division of developmental disabilities of the department of social and health services and the Washington department of fish and wildlife. The audits shall include, but not be limited to: (i) Quality and process management practices; (ii) independent and internal audit function; (iii) internal and external customer satisfaction; (iv) program effectiveness; (v) fiscal productivity and efficiency; and (vi) statutory and regulatory compliance.

             (c) The state auditor shall report the findings of the performance audits to the appropriate legislative committees by June 30, 2003.

 

             Sec. 121. 2001 2nd sp.s. c 7 s 124 (uncodified) is amended to read as follows:

FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                        80,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((152,000))

147,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((232,000))

227,000

 

             Sec. 122. 2001 2nd sp.s. c 7 s 125 (uncodified) is amended to read as follows:

FOR THE ATTORNEY GENERAL

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   4,811,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,806,000))

4,070,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   2,868,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$              ((1,789,000))

1,753,000

Tobacco Prevention and Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$                      277,000

New Motor Vehicle Arbitration Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$                   1,163,000

Legal Services Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$          ((147,306,000))

147,422,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((163,020,000))

162,364,000

 

             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) Prior to entering into any negotiated settlement of a claim against the state, that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations.

             (4)(a) $87,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the office of the attorney general to prepare a report by October 1, 2002, on federal and Indian reserved water rights, and to submit the report to the standing committees of the legislature having jurisdiction over water resources. The objectives of the report shall be to:

             (i) Examine and characterize the types of water rights issues involved;

             (ii) Examine the approaches of other states to such issues and their results;

             (iii) Examine methods for addressing such issues including, but not limited to, administrative, judicial, or other methods, or any combinations thereof; and

             (iv) Examine implementation and funding requirements.

             (b) Following receipt of the report, the standing committees of the legislature having jurisdiction over water resources shall seek and consider the recommendations of the relevant departments and agencies of the United States, the federally recognized Indian tribes with water-related interests in the state, and water users in the state and shall develop recommendations.

 

             Sec. 123. 2001 2nd sp.s. c 7 s 126 (uncodified) is amended to read as follows:

FOR THE CASELOAD FORECAST COUNCIL

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      631,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((619,000))

600,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,250,000))

1,231,000

 

             NEW SECTION. Sec. 124. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:

FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS. The department of financial institutions shall reduce its fiscal year 2003 expenditures from the financial services regulation account by the amount of $357,000.

 

             Sec. 125. 2001 2nd sp.s. c 7 s 127 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((71,083,500))

70,893,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((70,873,500))

60,499,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               173,342,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                   7,980,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$            ((10,300,000))

10,094,000

Public Works Assistance Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $                   1,911,000

Salmon Recovery Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                   1,500,000

Film and Video Promotion Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$                        25,000

Building Code Council Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,061,000))

1,226,000

Administrative Contingency Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$                   1,777,000

Low-Income Weatherization Assistance Account--State Appropriation. . . . . . . . . . . . . . $                   3,292,000

Violence Reduction and Drug Enforcement Account–State Appropriation. . . . . . . . . . . .$              ((6,081,000))

7,513,000

Manufactured Home Installation Training Account–State Appropriation. . . . . . . . . . . . . $                      256,000

Community Economic Development Account–State Appropriation. . . . . . . . . . . . . . . . . $                      113,000

Washington Housing Trust Account–State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$              ((5,597,000))

10,368,000

Public Facility Construction Loan Revolving Account--State Appropriation. . . . . . . . . . $                 ((550,000))

586,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((354,242,000))

351,375,000

 

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

             (1) It is the intent of the legislature that the department of community, trade, and economic development receive separate programmatic allotments for the office of community development and the office of trade and economic development. Any appropriation made to the department of community, trade, and economic development for carrying out the powers, functions, and duties of either office shall be credited to the appropriate office.

             (2) $3,085,000 of the general fund--state appropriation for fiscal year 2002 and (($3,085,000)) $2,838,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a contract with the Washington technology center. For work essential to the mission of the Washington technology center and conducted in partnership with universities, the center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1995-97 fiscal biennium.

             (3) $61,000 of the general fund--state appropriation for fiscal year 2002 and $62,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of the Puget Sound work plan and agency action item OCD-01.

             (4) (($10,403,445)) $10,804,156 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 2002 as follows:

             (a) $3,603,250 to local units of government to continue multijurisdictional narcotics task forces;

             (b) $620,000 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;

             (c) $1,363,000 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;

             (d) $200,000 to the department for grants to support tribal law enforcement needs;

             (e) $991,000 to the department of social and health services, division of alcohol and substance abuse, for drug courts in eastern and western Washington;

             (f) $302,551 to the department for training and technical assistance of public defenders representing clients with special needs;

             (g) $88,000 to the department to continue a substance abuse treatment in jails program, to test the effect of treatment on future criminal behavior;

             (h) $697,075 to the department to continue domestic violence legal advocacy;

             (i) $903,000 to the department of social and health services, juvenile rehabilitation administration, to continue youth violence prevention and intervention projects;

             (j) $60,000 to the Washington association of sheriffs and police chiefs to complete the state and local components of the national incident-based reporting system;

             (k) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;

             (l) $91,000 to the department to continue the governor's council on substance abuse;

             (m) $99,000 to the department to continue evaluation of Byrne formula grant programs;

             (n) (($500,469)) $901,180 to the office of financial management for criminal history records improvement; and

             (o) $825,100 to the department for required grant administration, monitoring, and reporting on Byrne formula grant programs.

             These amounts represent the maximum Byrne grant expenditure authority for each program. No program may expend Byrne grant funds in excess of the amounts provided in this subsection. If moneys in excess of those appropriated in this subsection become available, whether from prior or current fiscal year Byrne grant distributions, the department shall hold these moneys in reserve and may not expend them without specific appropriation. These moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. As part of its budget request for the succeeding year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.

             (5) (($470,000)) $320,000 of the general fund--state appropriation for fiscal year 2002 and (($470,000)) $320,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the rural economic ((development activities including $200,000 for the Washington manufacturing service, and $100,000 for business retention and expansion)) opportunity fund.

             (6) $1,250,000 of the general fund--state appropriation for fiscal year 2002 and $1,250,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to operate, repair, and staff shelters for homeless families with children.

             (7) $2,500,000 of the general fund--state appropriation for fiscal year 2002 and $2,500,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to operate transitional housing for homeless families with children. The grants may also be used to make partial payments for rental assistance.

             (8) $1,250,000 of the general fund--state appropriation for fiscal year 2002 and $1,250,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for consolidated emergency assistance to homeless families with children.

             (9) $205,000 of the general fund--state appropriation for fiscal year 2002 and $205,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to Washington Columbia river gorge counties to implement their responsibilities under the national scenic area management plan. Of this amount, $390,000 is provided for Skamania county and $20,000 is provided for Clark county.

             (10) $698,000 of the general fund--state appropriation for fiscal year 2002, $698,000 of the general fund--state appropriation for fiscal year 2003, and $1,101,000 of the administrative contingency account appropriation are provided solely for contracting with associate development organizations to maintain existing programs.

             (11) $600,000 of the public safety and education account appropriation is provided solely for sexual assault prevention and treatment programs.

             (12) $680,000 of the Washington housing trust account appropriation is provided solely to conduct a pilot project designed to lower infrastructure costs for residential development.

             (13) $50,000 of the general fund--state appropriation for fiscal year 2002 and $50,000 of the general fund--state appropriation for fiscal year 2003 are provided to the department solely for providing technical assistance to developers of housing for farmworkers.

             (14) $370,000 of the general fund--state appropriation for fiscal year 2002, $371,000 of the general fund--state appropriation for fiscal year 2003, and $25,000 of the film and video promotion account appropriation are provided solely for the film office to bring film and video production to Washington state.

             (15) $22,000 of the general fund--state appropriation for fiscal year 2002 ((and $23,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely as a matching grant to support the Washington state senior games. State funding shall be matched with at least an equal amount of private or local governmental funds.

             (16) $500,000 of the general fund--state appropriation for fiscal year 2002 and $500,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to food banks and food distribution centers to increase their ability to accept, store, and deliver perishable food.

             (17) $230,000 of the general fund--state appropriation for fiscal year 2002, $230,000 of the general fund--state appropriation for fiscal year 2003, and the entire community economic development account appropriation are provided solely for support of the developmental disabilities endowment governing board and startup costs of the endowment program. Startup costs are a loan from the state general fund and will be repaid from funds within the program as determined by the governing board. The governing board may use state appropriations to implement a sliding-scale fee waiver for families earning below 150 percent of the state median family income. The director of the department, or the director of the subsequent department of community development, may implement fees to support the program as provided under RCW 43.330.152.

             (18) $880,000 of the public safety and education account appropriation is provided solely for community-based legal advocates to assist sexual assault victims with both civil and criminal justice issues. If Senate Bill No. 5309 is not enacted by June 30, 2001, the amount provided in this subsection shall lapse.

             (19) $65,000 of the general fund--state appropriation for fiscal year 2002 and $65,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a contract with a food distribution program for communities in the southwestern portion of the state and for workers impacted by timber and salmon fishing closures and reductions. The department may not charge administrative overhead or expenses to the funds provided in this subsection.

             (20) $120,000 of the general fund--state appropriation for fiscal year 2002 and $120,000 of the ((general fund--state)) Washington housing trust account appropriation for fiscal year 2003 are provided solely as one-time pass-through funding to currently licensed overnight youth shelters. If Substitute House Bill No. 2060 (low-income housing) is not enacted by June 30, 2002, the fiscal year 2003 appropriation shall be made from the state general fund.

             (21) $1,868,000 of the Washington housing trust account appropriation for fiscal year 2003 is provided solely for emergency shelter assistance. If Substitute House Bill No. 2060 (low-income housing) is not enacted by June 30, 2002, the fiscal year 2003 appropriation shall be made from the state general fund.

             (22) Repayments of outstanding loans granted under RCW 43.63A.600, the mortgage and rental assistance program, shall be remitted to the department, including any current revolving account balances. The department shall contract with a lender or contract collection agent to act as a collection agent of the state. The lender or contract collection agent shall collect payments on outstanding loans, and deposit them into an interest-bearing account. The funds collected shall be remitted to the department quarterly. Interest earned in the account may be retained by the lender or contract collection agent, and shall be considered a fee for processing payments on behalf of the state. Repayments of loans granted under this chapter shall be made to the lender or contract collection agent as long as the loan is outstanding, notwithstanding the repeal of the chapter.

             (((22))) (23) $75,000 of the general fund--state appropriation for fiscal year 2002 ((and $75,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for the community connections program in Walla Walla.

             (((23))) (24) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided to the office of community development solely for the purposes of providing assistance to industrial workers who have been displaced by energy cost-related industrial plant closures in rural counties. For purposes of this subsection, "rural county" is as defined in RCW 82.14.370(5). The office of community development shall distribute the amount in this subsection to community agencies that assist the displaced industrial workers in meeting basic needs including, but not limited to, emergency medical and dental services, family and mental health counseling, food, energy costs, mortgage, and rental costs. The department shall not retain more than two percent of the amount provided in this subsection for administrative costs.

             (((24))) (25) $91,500 of the general fund--state appropriation for fiscal year 2002 and $91,500 of the general fund--state appropriation for fiscal year 2003 are provided solely for services related to the foreign representative contract for Japan.

             (((25))) (26) $81,000 of the general fund--state appropriation for fiscal year 2002 ((and $81,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for business finance and loan programs.

             (((26))) (27) $150,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the quick sites initiative program.

             (((27))) (28) $120,000 of the general fund--state appropriation for fiscal year 2002 ((and $120,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for operating a business information hotline.

             (((28))) (29) $29,000 of the general fund--state appropriation for fiscal year 2002 ((and $29,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for travel expenses associated with the office of trade and economic development's provision of outreach and technical assistance services to businesses and local economic development associations.

             (((29))) (30) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for information technology enhancements designed to improve the delivery of agency services to customers.

             (31) $300,000 of the general fund--state appropriation for fiscal year 2003 is provided to reimburse nonprofit associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public for back leasehold excise taxes assessed by the department of revenue.

             (32) $10,111,682 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 2003 as follows:

             (a) $3,551,972 to local units of government to continue multijurisdictional narcotics task forces;

             (b) $611,177 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;

             (c) $1,343,603 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;

             (d) $197,154 to the department for grants to support tribal law enforcement needs;

             (e) $976,897 to the department of social and health services, division of alcohol and substance abuse, for drug courts in eastern and western Washington;

             (f) $298,246 to the department for training and technical assistance of public defenders representing clients with special needs;

             (g) $687,155 to the department to continue domestic violence legal advocacy;

             (h) $890,150 to the department of social and health services, juvenile rehabilitation administration, to continue youth violence prevention and intervention projects;

             (i) $89,705 to the department to continue the governor's council on substance abuse;

             (j) $97,591 to the department to continue evaluation of Byrne formula grant programs;

             (k) $494,675 to the office of financial management for criminal history records improvement;

             (l) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence; and

             (m) $813,358 to the department for required grant administration, monitoring, and reporting on Byrne formula grant programs.

             These amounts represent the maximum Byrne grant expenditure authority for each program. No program may expend Byrne grant funds in excess of the amounts provided in this subsection. If moneys in excess of those appropriated in this subsection become available, whether from prior or current fiscal year Byrne grant distributions, the department shall hold these moneys in reserve and may not expend them without specific appropriation. These moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. As part of its budget request for the succeeding year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.

             (33) $165,000 of the building code council account appropriation for fiscal year 2003 is provided solely for the state building code council pursuant to Senate Bill No. 5352 (building code council fee increase). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (34) $202,000 of the mobile home park relocation account appropriation for fiscal year 2003 is provided solely for the department to administer the mobile home relocation assistance program as provided by Second Substitute Senate Bill No. 5354 (mobile home relocation assistance fee). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (35) The appropriations in this section reflect a reduction of $504,000 from the general fund--state appropriation for fiscal year 2003. To implement this reduction, the office of trade and economic development shall take actions consistent with its mission, goals, and objectives to reduce operating costs. Such action, to the greatest extent possible, shall maintain direct payments to service providers, grants to other entities, and other pass-through funds. Examples of actions that may be taken to effect this reduction include hiring freezes, employee furloughs, staffing reductions, restricted travel and training, delaying purchases of equipment, and limiting personal service contracts.

             (36) $40,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to implement the state task force on funding for community-based services to victims of crime as provided in Senate Bill No. 6763. If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (37) The appropriations in this section reflect a reduction of $1,641,000 from the general fund--state appropriation for fiscal year 2003. To implement this reduction, the office of community development shall take actions consistent with its mission, goals, and objectives to reduce operating costs. Such action, to the greatest extent possible, shall maintain direct payments to service providers, grants to other entities, and other pass-through funds. Examples of actions that may be taken to effect this reduction include hiring freezes, employee furloughs, staffing reductions, restricted travel and training, delaying purchases of equipment, and limiting personal service contracts.

 

             Sec. 126. 2001 2nd sp.s. c 7 s 128 (uncodified) is amended to read as follows:

FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      512,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((514,000))

499,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,026,000))

1,011,000

 

             Sec. 127. 2001 2nd sp.s. c 7 s 129 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 12,456,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((12,024,000))

12,158,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 23,657,000

Violence Reduction and Drug Enforcement Account--State Appropriation. . . . . . . . . . . .$                 ((229,000))

226,000

State Auditing Services Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . . .$                        25,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((48,391,000))

48,522,000

 

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

             (1) The office of financial management shall review policies and procedures regarding purchasing of information technology upgrades by state agencies. Information technology upgrades include replacement workstations, network equipment, operating systems and application software. The review shall document existing policies and procedures, and shall compare alternative upgrade policies that reduce the overall cost to state government for maintaining adequate information technology to meet the existing business needs of state agencies. Findings and recommendations from this review shall be reported to appropriate committees of the legislature by December 1, 2001.

             (2) State agencies that provide services to other state agencies are expected to reduce their expenditures and to share the savings with their clients. The office of financial management shall achieve a reduction of $339,000 in its billings for financial system services purchased by state agencies in fiscal year 2003. The reduction is expected to result from both reduced demand for services and reduced rates.

             (3) $500,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for implementation of Engrossed Second Substitute House Bill No. 2671 (permit assistance center). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

 

             Sec. 128. 2001 2nd sp.s. c 7 s 130 (uncodified) is amended to read as follows:

FOR THE OFFICE OF ADMINISTRATIVE HEARINGS

Administrative Hearings Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . .$            ((21,938,000))

22,394,000

 

             Sec. 129. 2001 2nd sp.s. c 7 s 131 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF PERSONNEL

Department of Personnel Service Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$            ((17,297,000))

17,035,000

Higher Education Personnel Services Account--State Appropriation. . . . . . . . . . . . . . . . $                   1,636,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((18,933,000))

18,671,000

 

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

             (1) The department of personnel may charge agencies through the data processing revolving account up to $561,000 in fiscal year 2002 to study the development of a new personnel and payroll system. The unexpended amount of $545,000 shall be refunded to agencies in the form of reduced agency billings in fiscal year 2003.

             (2) Funding to cover ((these)) expenses under subsection (1) of this section shall be realized from agency FICA savings associated with the pretax benefits contributions plans. Funding is subject to section 902 of this act.

 

             Sec. 130. 2001 2nd sp.s. c 7 s 132 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE LOTTERY

Lottery Administrative Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $            ((22,130,000))

21,795,000

 

             NEW SECTION. Sec. 131. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:

             STATE GAMBLING COMMISSION. The state gambling commission is directed to reduce its fiscal year 2003 expenditures from the gambling revolving account by the amount of $450,000.

 

             Sec. 132. 2001 2nd sp.s. c 7 s 133 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON HISPANIC AFFAIRS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      226,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((234,000))

210,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((460,000))

436,000

 

             Sec. 133. 2001 2nd sp.s. c 7 s 134 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      211,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((209,000))

207,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((420,000))

418,000

 

             Sec. 134. 2001 2nd sp.s. c 7 s 135 (uncodified) is amended to read as follows:

FOR THE PERSONNEL APPEALS BOARD

Department of Personnel Service Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$              ((1,679,000))

1,705,000

 

             The appropriation in this section is subject to the following conditions and limitations: $26,000 of the department of personnel services account appropriation is provided solely for paying accrued annual and sick leave to a retired board member.

 

             Sec. 135. 2001 2nd sp.s. c 7 s 136 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS

Dependent Care Administrative Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$                      378,000

Department of Retirement Systems Expense Account--State Appropriation. . . . . . . . . . .$            ((49,562,000))

49,183,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((49,940,000))

49,561,000

 

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

             (1) $1,000,000 of the department of retirement systems expense account appropriation is provided solely for support of the information systems project known as the electronic document image management system.

             (2) $120,000 of the department of retirement systems expense account appropriation is provided solely for locating inactive members entitled to retirement benefits.

             (3) $117,000 of the department of retirement systems expense account appropriation is provided solely for modifications to the retirement information systems to accommodate tracking of postretirement employment on an hourly basis.

             (4) $440,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5143 (Washington state patrol retirement systems plan 2).

             (5) $6,420,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of public employees' retirement system plan 3 (chapter 247, Laws of 2000).

             (6) (($101,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Senate Bill No. 5144 (LEOFF survivor benefit). If the bill is not enacted by July 31, 2001, the amount provided in this subsection shall lapse.

             (7) $744,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Second Engrossed Substitute Senate Bill No. 6166 (LEOFF restructuring). If the bill is not enacted by July 31, 2001, the amount provided in this subsection shall lapse.)) $96,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6376 (PERS plan 3 transfer payment). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (7) $9,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6377 (TRS plan 1 extended school year). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (8) $12,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6378 (LEOFF plan 2 part-time leave of absence). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (9) $122,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6379 (transferring service credit to WSPRS). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (10) $651,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 6380 (survivor benefits). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (11) $53,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6381 (PERS plan 1 terminated vested). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (12) $130,000 of the department of retirement systems expense account appropriation for fiscal year 2003 is provided solely for the implementation of House Bill No. 2896 (EMT service credit transfer). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (13) The appropriations in this section are reduced to reflect savings resulting from a 0.01 percent reduction of the department of retirement systems administrative expense rate, effective May 1, 2002, from 0.23 to 0.22 for the remainder of the 2001-03 biennium.

 

             Sec. 136. 2001 2nd sp.s. c 7 s 137 (uncodified) is amended to read as follows:

FOR THE STATE INVESTMENT BOARD

State Investment Board Expense Account--State Appropriation. . . . . . . . . . . . . . . . . . . . $            ((12,876,000))

13,461,000

 

             Sec. 137. 2001 2nd sp.s. c 7 s 138 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF REVENUE

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((72,820,000))

72,823,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((72,387,000))

78,149,000

Timber Tax Distribution Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$                   5,131,000

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

Multimodal Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$                      109,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((150,520,000))

156,394,000

 

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

             (1) $269,000 of the general fund--state appropriation for fiscal year 2002 and $49,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to establish and provide staff support to a committee on taxation to study the elasticity, equity, and adequacy of the state's tax system.

             (((1))) (a) The committee shall consist of eleven members. The department shall appoint six academic scholars from the fields of economics, taxation, business administration, public administration, public policy, and other relevant disciplines as determined by the department, after consulting with the majority and minority leaders in the senate, the co-speakers in the house of representatives, the chair of the ways and means committee in the senate, and the co-chairs of the finance committee in the house of representatives. The governor and the chairs of the majority and minority caucuses in each house of the legislature shall each appoint one member to the committee. These appointments may be legislative members. The members of the committee shall either elect a voting chair from among their membership or a nonvoting chair who is not a member of the committee. Members of the committee shall serve without compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

             (((2))) (b) The purpose of the study is to determine how well the current tax system functions and how it might be changed to better serve the citizens of the state in the twenty-first century. In reviewing options for changes to the tax system, the committee shall develop multiple alternatives to the existing tax system. To the extent possible, the alternatives shall be designed to increase the harmony between the tax system of this state and the surrounding states, encourage commerce and business creation, and encourage home ownership. In developing alternatives, the committee shall examine and consider the effects of tax incentives, including exemptions, deferrals, and credits. The alternatives shall range from incremental improvements in the current tax structure to complete replacement of the tax structure. In conducting the study, the committee shall examine the tax structures of other states and review previous studies regarding tax reform in this state. In developing alternatives, the committee shall be guided by administrative simplicity, economic neutrality, fairness, stability, and transparency. Most of the alternatives presented by the committee to the legislature shall be revenue neutral and contain no income tax.

             (((3))) (c) The department shall create an advisory group to include, but not be limited to, representatives of business, state agencies, local governments, labor, taxpayers, and other advocacy groups. The group shall provide advice and assistance to the committee.

             (((4))) (d) The committee shall present a final report of its findings and alternatives to the ways and means committee in the senate and the finance committee in the house of representatives by November 30, 2002.

             (2) $90,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the department to conduct a study of tax incentives.

             (a) The tax incentives covered by the study shall include the following:

             (i) The rural county distressed areas sales tax deferral and exemption under chapter 82.60 RCW;

             (ii) The rural county business and occupation tax credit for computer software development in RCW 82.04.4456;

             (iii) The business and occupation tax jobs credit under chapter 82.62 RCW;

             (iv) The business and occupation tax credit for international services under RCW 82.04.44525;

             (v) The business and occupation tax credit for help-desk services in rural counties under RCW 82.04.4457;

             (vi) The high technology business and occupation tax credit under RCW 82.04.4452;

             (vii) The high technology sales tax deferral/exemption in chapter 82.63 RCW; and

             (viii) The manufacturing, research and development, and testing operations sales and use tax exemptions under RCW 82.08.02565 and 82.12.02565.

             (b) Taxpayer participation in the study is voluntary. Taxpayer information used in the study is confidential under the provisions of chapter 82.32 RCW. Additionally, the identity of any study participants may not be disclosed.

             (c) The purpose of the study is to allow the legislature to evaluate the success of tax incentives in terms of job creation, product development, and other factors that are considered a return on investment of public funds. The study shall include information such as the amount of the incentive taken, the annual number of net new jobs as a result of the incentive, current employment, number of new products developed, the types and amounts of other taxes paid, whether the business expanded or is located in a certain area as a result of the incentive, and other information determined by the department to be relevant to the study.

             (d) The department shall report to the appropriate legislative committees of the senate and house of representatives by November 30, 2002.

             (3) $109,000 of the multimodal transportation account--state appropriation for fiscal year 2003 is provided solely for the department to implement the provisions of House Bill No. 2969 (transportation). If the bill is not enacted by January 1, 2003, the amount provided in this subsection shall lapse. Further, the amount provided in this subsection shall lapse to the extent that funds are provided for this purpose in the transportation appropriations act.

             (4) $3,000 of the general fund--state appropriation for fiscal year 2002 and $111,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the department to implement the provisions of House Bill No. 2658 (municipal business and occupation tax). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

 

             Sec. 138. 2001 2nd sp.s. c 7 s 139 (uncodified) is amended to read as follows:

FOR THE BOARD OF TAX APPEALS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,193,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,038,000))

1,007,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,231,000))

2,200,000

 

             Sec. 139. 2001 2nd sp.s. c 7 s 142 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      549,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((630,000))

655,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,930,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                 ((444,000))

223,000

State Capitol Vehicle Parking Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $                      154,000

General Administration Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . $            ((41,419,000))

39,546,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((45,126,000))

43,057,000

 

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

             (1) The department shall conduct a review of the ultimate purchasing system to evaluate the following: (a) The degree to which program objectives and assumptions were achieved; (b) the degree to which planned schedule of phases, tasks, and activities were accomplished; (c) an assessment of estimated and actual costs of each phase; (d) an assessment of project cost recovery/cost avoidance, return on investment, and measurable outcomes as each relate to the agency's business functions and other agencies' business functions; and (e) the degree to which integration with the agency and state information technology infrastructure was achieved. The department will receive written input from participating pilot agencies that describes measurable organizational benefits and cost avoidance opportunities derived from use of the ultimate purchasing system. The performance review shall be submitted to the office of financial management and the appropriate legislative fiscal committees by July 1, 2002.

             (2) $60,000 of the general administration services account appropriation is provided solely for costs associated with the development of the information technology architecture to link the risk management information system and the tort division's case management system, and the reconciliation of defense cost reimbursement information.

             (3) $44,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the department to implement the waste management and recycling provisions of Substitute House Bill No. 2308 (encouraging recycling and waste reduction). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

             (4) State agencies that provide services to other state agencies are expected to reduce their expenditures and to share the savings with their clients. The department of general administration shall achieve a reduction of $1,302,000 in its billings for motor pool, consolidated mail, and other services that state agencies purchase in fiscal year 2003. The reduction is expected to result from both reduced demand for services and reduced rates.

 

             Sec. 140. 2001 2nd sp.s. c 7 s 143 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF INFORMATION SERVICES

Data Processing Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$              ((3,706,000))

3,610,000

 

             The appropriation in this section is subject to the following conditions and limitations:

             (1) Fifteen independent private, nonprofit colleges, located in Washington state, have requested connection to the K-20 educational telecommunications network. These K-20 connections shall be provided to the private schools on a full cost reimbursement basis, net of the value of services and information provided by the private institutions, based on criteria approved by the K-20 board.

             (2) Some private K-12 schools have requested limited "pilot connections" to the K-20 network to test the technical and economic feasibility of one or more connection models. These K-20 connections shall be provided to the private K-12 schools on a full cost reimbursement basis, net of the value of services and information provided by the private K-12 schools based on criteria approved by the K-20 board.

             (3) In the 2001-03 biennium, the department shall incorporate statewide elements for a common technology infrastructure into the state strategic information technology plan that state agencies shall then use in establishing individual agency business applications.

             (4) The department shall implement the $10,800,000 service rate reduction it proposed on August 14, 2000.

             (5) State agencies that provide services to other state agencies are expected to reduce their expenditures and to share the savings with their clients. The department of information services shall achieve a reduction of $1,995,000 in its billings for services purchased by state agencies in fiscal year 2003. The reduction is expected to result from both reduced demand for services and reduced rates.

 

             Sec. 141. 2001 2nd sp.s. c 7 s 144 (uncodified) is amended to read as follows:

FOR THE INSURANCE COMMISSIONER

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      622,000

Insurance Commissioners Regulatory Account--State Appropriation. . . . . . . . . . . . . . . . $            ((29,053,000))

29,928,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((29,675,000))

30,550,000

 

             The appropriations in this section are subject to the following conditions and limitations: $693,000 of the insurance commissioner's regulatory account appropriation is provided solely for moving and renovation costs associated with the colocation of the agency's Olympia-area facilities. Expenditures from this amount shall be subject to the approval of the department of general administration.

 

             Sec. 142. 2001 2nd sp.s. c 7 s 147 (uncodified) is amended to read as follows:

FOR THE HORSE RACING COMMISSION

Horse Racing Commission Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,504,000))

4,436,000

 

             Sec. 143. 2001 2nd sp.s. c 7 s 148 (uncodified) is amended to read as follows:

FOR THE LIQUOR CONTROL BOARD

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,483,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,484,000))

1,439,000

General Fund--Federal Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                        99,000

Liquor Control Board Construction and Maintenance

             Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $              ((8,114,000))

9,684,000

Liquor Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $          ((142,148,000))

125,927,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((153,229,000))

138,632,000

 

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

             (1) $1,573,000 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) $4,803,000 of the liquor revolving account appropriation is provided solely for the costs associated with the development and implementation of a merchandising business system. Expenditures of any funds for this system are conditioned upon the approval of the merchandising business system's feasibility study by the information services board. The amount provided in this subsection is also conditioned upon satisfying the requirements of section 902 of this act.

             (3) $84,000 of the liquor control board construction and maintenance account appropriation for fiscal year 2003 is provided solely for the liquor control board to employ additional staff during the holiday season to handle the expected increase in sales volume at the Seattle distribution center.

 

             Sec. 144. 2001 2nd sp.s. c 7 s 149 (uncodified) is amended to read as follows:

FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Public Service Revolving Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $            ((27,108,000))

26,702,000

Pipeline Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                   3,305,000

Pipeline Safety Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                      822,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((31,235,000))

30,829,000

 

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

             (1) $3,011,000 of the pipeline safety account--state appropriation and $822,000 of the pipeline safety account--federal appropriation are provided solely for the implementation of Substitute Senate Bill No. 5182 (pipeline safety). If the bill is not enacted by June 30, 2001, the amount provided in this subsection shall lapse.

             (2) $294,000 of the pipeline safety account--state appropriation is provided solely for an interagency agreement with the joint legislative audit and review committee for a report on hazardous liquid and gas pipeline safety programs. The committee shall review staff use, inspection activity, fee methodology, and costs of the hazardous liquid and gas pipeline safety programs and report to the appropriate legislative committees by July 1, 2003. The report shall include a comparison of interstate and intrastate programs, including but not limited to the number and complexity of regular and specialized inspections, mapping requirements for each program, and allocation of administrative costs to each program. If Substitute Senate Bill No. 5182 (pipeline safety) is not enacted by June 30, 2001, the amount provided in this section shall lapse.

 

             Sec. 145. 2001 2nd sp.s. c 7 s 151 (uncodified) is amended to read as follows:

FOR THE MILITARY DEPARTMENT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   9,165,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((8,979,000))

8,710,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 22,509,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                      234,000

Enhanced 911 Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $            ((16,544,000))

20,269,000

Disaster Response Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((582,000))

2,010,000

Disaster Response Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((3,392,000))

6,510,000

Worker and Community Right to Know Fund--State Appropriation. . . . . . . . . . . . . . . . . $                      283,000

Nisqually Earthquake Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $            ((37,884,000))

29,027,000

Nisqually Earthquake Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $          ((157,795,000))

49,641,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((257,367,000))

148,358,000

 

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

             (1) (($582,000)) $1,906,000 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) disasters approved in the 1999-01 biennium budget. The military department may, upon approval of the director of financial management, use portions of the disaster response account--state appropriation to offset costs of new disasters occurring before June 30, 2003. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees 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 shall be displayed by individual disaster, by fund, and by type of assistance. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the disaster response account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2001-03 biennium based on current revenue and expenditure patterns.

             (2) $100,000 of the general fund--state fiscal year 2002 appropriation and $100,000 of the general fund--state fiscal year 2003 appropriation are provided solely for implementation of the conditional scholarship program pursuant to chapter 28B.103 RCW.

             (3) $60,000 of the general fund--state appropriation for fiscal year 2002 and $60,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Senate Bill No. 5256 (emergency management compact). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.

             (4) $35,000 of the general fund--state fiscal year 2002 appropriation and $35,000 of the general fund--state fiscal year 2003 appropriation are provided solely for the north county emergency medical service.

             (5) (($1,374,000)) $2,145,000 of the Nisqually earthquake account--state appropriation and (($3,861,000)) $4,174,000 of the Nisqually earthquake account--federal appropriation are provided solely for the military department's costs associated with coordinating the state's response to the February 28, 2001, earthquake.

             (6) (($1,347,000)) $678,000 of the Nisqually earthquake account--state appropriation and (($5,359,000)) $3,420,000 of the Nisqually earthquake account--federal appropriation are provided solely for mitigation costs associated with the earthquake for state and local agencies. Of the amount from the Nisqually earthquake account--state appropriation, (($898,000)) $217,000 is provided for the state matching share for state agencies and (($449,000)) $462,000 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).

             (7) (($35,163,000)) $8,970,000 of the Nisqually earthquake account--state appropriation and (($148,575,000)) $42,047,000 of the Nisqually earthquake account--federal appropriation are provided solely for public assistance costs associated with the earthquake for state and local agencies. Of the amount from the Nisqually earthquake account--state appropriation, (($20,801,000)) $3,924,000 is provided for the state matching share for state agencies and (($14,362,000)) $5,046,000 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). ((Upon approval of the director of financial management, the military department may use portions of the Nisqually earthquake account--state appropriations to cover other response and recovery costs associated with the Nisqually earthquake that are not eligible for federal emergency management agency reimbursement. The military department is to submit a quarterly report detailing the costs authorized under this subsection to the office of financial management and the legislative fiscal committees.))

             (8) $17,234,000 of the Nisqually earthquake account--state appropriation is provided solely to cover other response and recovery costs associated with the Nisqually earthquake that are not eligible for federal emergency management agency reimbursement. Prior to expending funds provided in this subsection, the military department shall obtain prior approval of the director of financial management. Prior to approving any single project of over $1,000,000, the office of financial management shall notify the fiscal committees of the legislature. The military department is to submit a quarterly report detailing the costs authorized under this subsection to the office of financial management and the legislative fiscal committees.

             (9) $2,818,000 of the enhanced 911 account--state appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 6034 or House Bill No. 2595 (enhanced 911 excise tax). If neither bill is enacted by June 30, 2002, the amount provided in this subsection shall lapse.

 

             Sec. 146. 2001 2nd sp.s. c 7 s 152 (uncodified) is amended to read as follows:

FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,154,000))

2,225,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,164,000))

2,339,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((4,318,000))

4,564,000

 

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

             (1) $71,000 of the general fund--state appropriation for fiscal year 2002 and $214,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the purpose of implementing requirements associated with Initiative Measure No. 775 (home care workers).

             (2) $47,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to implement House Bill No. 2403 and House Bill No. 2540 (higher education collective bargaining). If House Bill No. 2403 is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

 

             Sec. 147. 2001 2nd sp.s. c 7 s 153 (uncodified) is amended to read as follows:

FOR THE GROWTH PLANNING HEARINGS BOARD

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,497,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((1,506,000))

1,461,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((3,003,000))

2,958,000

 

PART II

HUMAN SERVICES

 

             Sec. 201. 2001 2nd sp.s. c 7 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 in this act. However, after May 1, 2002, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2002 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) To the extent that transfers under subsection (3)(a) of this section are insufficient to fund actual expenditures in excess of fiscal year 2002 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.

             (c) 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.

             (4) In the event the department receives additional unrestricted federal funds or achieves savings in excess of that anticipated in this act, the department shall use up to $5,000,000 of such funds to initiate a pilot project providing integrated support services to homeless individuals needing mental health services, alcohol or substance abuse treatment, medical care, or who demonstrate community safety concerns. Before such a pilot project is initiated, the department shall notify the fiscal committees of the legislature of the plans for such a pilot project including the source of funds to be used.

 

             Sec. 202. 2001 2nd sp.s. c 7 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 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((225,789,000))

225,104,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((239,013,000))

231,042,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((372,408,000))

369,403,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                      400,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$                 ((987,000))

964,000

Violence Reduction and Drug Enforcement Account--State Appropriation. . . . . . . . . . . .$              ((5,702,000))

5,639,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((844,299,000))

832,552,000

 

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

             (1) $2,237,000 of the fiscal year 2002 general fund--state appropriation, (($2,288,000)) $2,271,000 of the fiscal year 2003 general fund--state appropriation, and (($1,590,000)) $1,584,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."

             (2) $685,000 of the general fund--state fiscal year 2002 appropriation and $701,000 of the general fund--state fiscal year 2003 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.

             (3) $524,000 of the general fund--state fiscal year 2002 appropriation ((and $536,000)), $375,000 of the general fund--state fiscal year 2003 appropriation, and $161,000 of the general fund--federal 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.

             (4) $1,260,000 of the fiscal year 2002 general fund--state appropriation, $1,248,000 of the fiscal year 2003 general fund--state appropriation, and (($4,196,000)) $4,150,000 of the violence reduction and drug enforcement account appropriation are provided solely for the family policy council and community public health and safety networks. The funding level for the family policy council and community public health and safety networks represents a 25 percent reduction below the funding level for the 1999-2001 biennium. Funding levels shall be reduced 25 percent for both the family policy council and network grants. Reductions to network grants shall be allocated so as to maintain current funding levels, to the greatest extent possible, for projects with the strongest evidence of positive outcomes and for networks with substantial compliance with contracts for network grants.

             (5) $2,215,000 of the fiscal year 2002 general fund--state appropriation, $4,394,000 of the fiscal year 2003 general fund--state appropriation, and $5,604,000 of the general fund--federal appropriation are provided solely for reducing the average caseload level per case-carrying social worker. Average caseload reductions are intended to increase the amount of time social workers spend in direct contact with the children, families, and foster parents involved with their open cases. The department shall use some of the funds provided in several local offices to increase staff that support case-carrying social workers in ways that will allow social workers to increase direct contact time with children, families, and foster parents. To achieve the goal of reaching an average caseload ratio of 1:24 by the end of fiscal year 2003, the department shall develop a plan for redeploying 30 FTEs to case-carrying social worker and support positions from other areas in the children and family services budget. The FTE redeployment plan shall be submitted to the fiscal committees of the legislature by December 1, 2001.

             (6) $1,000,000 of the fiscal year 2002 general fund--state appropriation and $1,000,000 of the fiscal year 2003 general fund--state appropriation are provided solely for increasing foster parent respite care services that improve the retention of foster parents and increase the stability of foster placements. The department shall report quarterly to the appropriate committees of the legislature progress against appropriate baseline measures for foster parent retention and stability of foster placements.

             (7) $1,050,000 of the general fund--federal appropriation is provided solely for increasing kinship care placements for children who otherwise would likely be placed in foster care. These funds shall be used for extraordinary costs incurred by relatives at the time of placement, or for extraordinary costs incurred by relatives after placement if such costs would likely cause a disruption in the kinship care placement. $50,000 of the funds provided shall be contracted to the Washington institute for public policy to conduct a study of kinship care placements. The study shall examine the prevalence and needs of families who are raising related children and shall compare services and policies of Washington state with other states that have a higher rate of kinship care placements in lieu of foster care placements. The study shall identify possible changes in services and policies that are likely to increase appropriate kinship care placements.

             (8) $3,386,000 of the fiscal year 2002 general fund--state appropriation, (($7,671,000)) $5,710,000 of the fiscal year 2003 general fund--state appropriation, and (($20,819,000)) $19,819,000 of the general fund--federal appropriation are provided solely for increases in the cost per case for foster care and adoption support. $16,000,000 of the general fund--federal amount shall remain unalloted until the office of financial management approves a plan submitted by the department to achieve a higher rate of federal earnings in the foster care program. That plan shall also be submitted to the fiscal committees of the legislature and shall indicate projected federal revenue compared to actual fiscal year 2001 levels. Within the amounts provided for foster care, the department shall increase the basic rate for foster care to an average of $420 per month on July 1, 2001((, and to an average of $440 per month on July 1, 2002)). The department shall use the remaining funds provided in this subsection to pay for increases in the cost per case for foster care and adoption support. The department shall seek to control rate increases and reimbursement decisions for foster care and adoption support cases such that the cost per case for family foster care, group care, receiving homes, and adoption support does not exceed the amount assumed in the projected caseload expenditures plus the amounts provided in this subsection.

             (9) $1,767,000 of the general fund--state appropriation for fiscal year 2002, (($2,461,000)) $1,767,000 of the general fund--state appropriation for fiscal year 2003, and (($1,485,000)) $1,241,000 of the general fund--federal appropriation are provided solely for rate and capacity increases for child placing agencies. Child placing agencies shall increase their capacity by 15 percent in fiscal year 2002 ((and 30 percent in fiscal year 2003)).

             (10) The department shall provide secure crisis residential facilities across the state in a manner that: (a) Retains geographic provision of these services; and (b) retains beds in high use areas.

             (11) $125,000 of the general fund--state appropriation for fiscal year 2002 and $125,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually, as described in House Bill No. 1525 (foster parent retention program).

 

             Sec. 203. 2001 2nd sp.s. c 7 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 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((36,625,000))

83,151,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((38,125,000))

79,107,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((14,609,000))

13,803,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                 ((380,000))

1,110,000

Juvenile Accountability Incentive Account--Federal Appropriation. . . . . . . . . . . . . . . . . $              ((9,361,000))

10,461,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$              ((6,196,000))

6,047,000

Violence Reduction and Drug Enforcement Account--State Appropriation. . . . . . . . . . . .$            ((21,972,000))

37,174,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((127,268,000))

230,853,000

 

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

             (((a))) (1) $686,000 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))) (2) $5,980,000 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))) (3) $1,161,000 of the general fund--state appropriation for fiscal year 2002, $1,162,000 of the general fund--state appropriation for fiscal year 2003, and $5,190,000 of the violence reduction and drug enforcement account 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))) (4) $2,515,000 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))) (5) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 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))) (6) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a contract for expanded services of the teamchild project.

             (((g))) (7) $423,000 of the general fund--state appropriation for fiscal year 2002, (($924,000)) $754,100 of the general fund--state appropriation for fiscal year 2003, (($174,000)) $152,000 of the general fund--federal appropriation, (($196,000)) $172,000 of the public safety and education assistance account appropriation, and (($690,000)) $604,000 of the violence reduction and drug enforcement account appropriation are provided solely to increase payment rates for contracted service providers.

             (((h))) (8) $16,000 of the general fund--state appropriation for fiscal year 2002 and $16,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of chapter 167, Laws of 1999 (firearms on school property). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 167, Laws of 1999, and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.

             (((i))) (9) $3,441,000 of the general fund--state appropriation for fiscal year 2002 and $3,441,000 of the general fund--state appropriation for fiscal year 2003 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.

             (((j))) (10) $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 (i) and (j) 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.

             (((k))) (11) The distributions made under (((i))) (9) and (((j))) (10) 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.

             (((l))) (12) Each quarter during the 2001-03 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.

             (((m))) (13) $1,692,000 of the juvenile accountability incentive account--federal appropriation is provided solely for the continued implementation of a pilot program to provide for postrelease planning and treatment of juvenile offenders with co-occurring disorders.

             (((n))) (14) $22,000 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 (m) of this subsection.

             (((o))) (15) $900,000 of the general fund--state appropriation for fiscal year 2002 and $900,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the continued implementation of the juvenile violence prevention grant program established in section 204, chapter 309, Laws of 1999.

             (((p))) (16) $33,000 of the general fund--state appropriation for fiscal year 2002 and $29,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of House Bill No. 1070 (juvenile offender basic training). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.

             (((q))) (17) $21,000 of the general fund--state appropriation for fiscal year 2002 and $42,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Senate Bill No. 5468 (chemical dependency). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.

             (((r))) (18) 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.

 

             (((2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 46,773,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 48,735,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                        14,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                      740,000

Violence Reduction and Drug Enforcement Account--State Appropriation. . . . . . . . . . . .$                 15,280,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$               111,542,000

 

             The appropriations in this subsection are subject to the following conditions and limitations:)) (19) $40,000 of the general fund--state appropriation for fiscal year 2002 and (($84,000)) $68,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to increase payment rates for contracted service providers.

 

             (((3) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,738,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,765,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      307,000

Juvenile Accountability Incentive Account--Federal Appropriation. . . . . . . . . . . . . . . . . $                   1,100,000

Violence Reduction and Drug Enforcement Account--State Appropriation. . . . . . . . . . . .$                      421,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 5,331,000))

 

             (20) $945,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for providing additional research-based services to the juvenile parole population. The juvenile rehabilitation administration shall consult with the institute for public policy in deciding which interventions to provide to the parole population.

             (21) The juvenile rehabilitation administration shall continue to allot and expend funds provided in this section by the category and budget unit structure submitted to the legislative evaluation and accountability program committee.

 

             Sec. 204. 2001 2nd sp.s. c 7 s 204 (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 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((191,089,000))

194,566,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((194,884,000))

177,206,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((339,077,000))

358,377,000

General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $              ((4,363,000))

25,596,000

Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   2,450,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((731,863,000))

758,195,000

 

             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) $388,000 of the general fund--state appropriation for fiscal year 2002, (($1,927,000)) $2,829,000 of the general fund--state appropriation for fiscal year 2003, and (($2,349,000)) $3,157,000 of the general fund--federal appropriation are provided solely for development and operation of community residential and support services for persons whose treatment needs constitute substantial barriers to community placement and who no longer require active psychiatric treatment at an inpatient hospital level of care, no longer meet the criteria for inpatient involuntary commitment, and who are clinically ready for discharge from a state psychiatric hospital. In the event that enough patients are not transitioned or diverted from the state hospitals to close at least two hospital wards by July 2002, and ((two)) four additional wards by April 2003, a proportional share of these funds shall be transferred to the appropriations in subsection (2) of this section to support continued care of the patients in the state hospitals. Primary responsibility and accountability for provision of appropriate community support for persons placed with these funds shall reside with the mental health program and the regional support networks, with partnership and active support from the alcohol and substance abuse and from the aging and adult services programs. The department shall negotiate performance-based incentive contracts ((with those regional support networks which have the most viable plans for providing appropriate community support services for significant numbers of persons from their area who would otherwise be served in the state hospitals)) to provide appropriate community support services for individuals leaving the state hospitals under this subsection. The department shall first seek to contract with regional support networks before offering a contract to any other party. The funds appropriated in this subsection shall not be considered "available resources" as defined in RCW 71.24.025 and are not subject to the standard allocation formula applied in accordance with RCW 71.24.035(13)(a).

             (d) At least $1,000,000 of the federal block grant funding appropriated in this subsection shall be used for (i) initial development, training, and operation of the community support teams which will work with long-term state hospital residents prior and subsequent to their return to the community; and (ii) development of support strategies which will reduce the unnecessary and excessive use of state and local hospitals for short-term crisis stabilization services. Such strategies may include training and technical assistance to community long-term care and substance abuse providers; the development of diversion beds and stabilization support teams; examination of state hospital policies regarding admissions; and the development of new contractual standards to assure that the statutory requirement that 85 percent of short-term detentions be managed locally is being fulfilled. The department shall report to the fiscal and policy committees of the legislature on the results of these efforts by November 1, 2001, and again by November 1, 2002.

             (e) The department is authorized to implement a new formula for allocating available resources among the regional support networks. The distribution formula shall use the number of persons eligible for the state medical programs funded under chapter 74.09 RCW as the measure of the requirement for the number of acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed in accordance with RCW 71.24.035(13)(a). The new formula shall be phased in over a period of no less than six years. Furthermore, the department shall increase the medicaid capitation rates which a regional support network would otherwise receive under the formula by an amount sufficient to assure that total funding allocated to the regional support network in fiscal year 2002 increases by up to ((2.1)) 3.5 percent over the amount actually paid to that regional support network in fiscal year 2001, and by up to an additional ((2.3)) 5.0 percent in fiscal year 2003, if total funding to the regional support network would otherwise increase by less than those percentages under the new formula, and provided that the nonfederal share of the higher medicaid payment rate is provided by the regional support network from local funds.

             (f) Within funds appropriated in this subsection, the department shall contract with the Clark county regional support network for development and operation of a project demonstrating 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 chapter 275-57 WAC. 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 after meeting all other medicaid spending requirements assumed in this subsection. The regional support network shall provide the department with (i) periodic reports on project service levels, methods, and outcomes; and (ii) an intergovernmental transfer equal to the state share of the increased medicaid payment provided for operation of this project.

             (g) 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 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) Prioritized for use in those areas of the state which are at greatest risk of lacking sufficient inpatient psychiatric treatment capacity, rather than being distributed on a formula basis; (ii) prioritized for use by those hospitals which do not receive low-income disproportionate share hospital payments as of the date of application for funding; and (iii) 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. Payments from the amount provided in this subsection shall not be made to any provider that has not agreed that, except for prospective rate increases, the payment shall offset, on a dollar-for-dollar basis, any liability that may be established against, or any settlement that may be agreed to by the state, regarding the rate of state reimbursement for inpatient psychiatric care. 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.

             (h) The department shall assure that no regional support network uses more than 8.0 percent of the state and federal funds received from appropriations in this subsection for regional support network administration.

             (i) The department shall assure that each regional support network increases spending on direct client services in fiscal years 2002 and 2003 by at least the same percentage as the total state, federal, and local funds allocated to the regional support network in those years exceeds the amounts allocated to it in fiscal year 2001.

             (j) The department shall reduce state funding otherwise payable to a regional support network in fiscal years 2002 and 2003 by the full amount by which the regional support network's reserves and fund balances as of December 31, 2001, exceed the required risk reserve for that regional support network. The required reserve amount shall be calculated by applying the risk reserve percentage specified in the department's contract with the regional support network to the total state and federal revenues for which the regional support network would otherwise be eligible in accordance with this subsection. As used in this subsection, "reserves" does not include capital project reserves established in accordance with state accounting and reporting standards before January 1, 2002.

             (k) The department shall cooperate with the department of community, trade, and economic development to develop a proposal to create a structurally and functionally independent mental health ombudsman program. The proposal shall include recommendations about the statutory and administrative changes needed to establish a structurally and functionally independent ombudsman system. The departments shall report to the appropriate policy and fiscal committees of the legislature by November 1, 2002.

 

             (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((85,836,000))

84,878,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((83,001,000))

80,784,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((139,098,000))

139,821,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $            ((29,289,000))

29,532,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((337,224,000))

335,015,000

 

             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 seek to reduce the census of the two state psychiatric hospitals by ((120)) 178 beds by April 2003 by arranging and providing community residential, mental health, and other support services for long-term state hospital patients whose treatment needs constitute substantial barriers to community placement and who no longer require active psychiatric treatment at an inpatient hospital level of care, no longer meet the criteria for inpatient involuntary commitment, and who are clinically ready for discharge from a state psychiatric hospital. No such patient is to move from the hospital until a team of community professionals has become familiar with the person and their treatment plan; assessed their strengths, preferences, and needs; arranged a safe, clinically-appropriate, and stable place for them to live; assured that other needed medical, behavioral, and social services are in place; and is contracted to monitor the person's progress on an ongoing basis. The department and the regional support networks shall endeavor to assure that hospital patients are able to return to their area of origin, and that placements are not concentrated in proximity to the hospitals.

             (d) For each month subsequent to the month in which a state hospital bed has been closed in accordance with (c) of this subsection, the mental health program shall transfer to the medical assistance program state funds equal to the state share of the monthly per capita expenditure amount estimated for categorically needy-disabled persons in the most recent forecast of medical assistance expenditures.

             (e) The department shall report to the appropriate committees of the legislature by November 1, 2001, and by November 1, 2002, on its plans for and progress toward achieving the objectives set forth in (c) of this subsection.

 

             (3) CIVIL COMMITMENT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((20,037,000))

18,267,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((22,441,000))

20,934,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((42,478,000))

39,201,000

 

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

             (a) (($2,062,000)) $1,587,000 of the general fund--state appropriation for fiscal year 2002 and (($3,698,000)) $2,646,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for operational costs associated with a less restrictive step-down placement facility on McNeil Island.

             (b) (($1,000,000)) $300,000 of the general fund--state appropriation for fiscal year 2002 and (($1,000,000)) $300,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for mitigation funding for jurisdictions affected by the placement of less restrictive alternative facilities for persons conditionally released from the special commitment center facility being constructed on McNeil Island. Of this amount, up to $45,000 per year is provided for the city of Lakewood for police protection reimbursement at Western State Hospital and adjacent areas, up to $45,000 per year is provided for training police personnel on chapter 12, Laws of 2001, 2nd sp. sess. (3ESSB 6151), up to $125,000 per year is provided for Pierce county for reimbursement of additional costs, and the remaining amounts are for other documented costs by jurisdictions directly impacted by the placement of the secure community transition facility on McNeil Island. Pursuant to chapter 12, Laws of 2001, 2nd sp. sess (3ESSB 6151), the department shall continue to work with local jurisdictions towards reaching agreement for mitigation costs.

             (c) By October 1, 2001, the department shall report to the office of financial management and the fiscal committees of the house of representatives and senate detailing information on plans for increasing the efficiency of staffing patterns at the new civil commitment center facility being constructed on McNeil Island.

             (d) $600,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the implementation of Substitute Senate Bill No. 6594 (secure community transition facilities). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.

 

             (4) SPECIAL PROJECTS

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      444,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                      443,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   2,082,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   2,969,000

 

             (5) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   3,104,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((3,231,000))

3,111,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((5,796,000))

5,659,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((12,131,000))

11,874,000

 

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

             (a) $113,000 of the general fund--state appropriation for fiscal year 2002, $125,000 of the general fund--state appropriation for fiscal year 2003, and $164,000 of the general fund--federal appropriation are provided solely for the institute for public policy to evaluate the impacts of chapter 214, Laws of 1999 (mentally ill offenders), chapter 217, Laws of 2000 (atypical anti-psychotic medications), chapter 297, Laws of 1998 (commitment of mentally ill persons), and chapter 334, Laws of 2001 (mental health performance audit).

             (b) $168,000 of the general fund--state appropriation for fiscal year 2002, $243,000 of the general fund--state appropriation for fiscal year 2003, and $411,000 of the general fund--federal appropriation are provided solely for the development and implementation of a uniform outcome-oriented performance measurement system to be used in evaluating and managing the community mental health service delivery system consistent with the recommendations contained in the joint legislative audit and review committee's audit of the public mental health system. Once implemented, the use of performance measures will allow comparison of measurement results to established standards and benchmarks among regional support networks, service providers, and against other states. The department shall provide a report to the appropriate committees of the legislature on the development and implementation of the use of performance measures by October 2002.

             (c) $125,000 of the general fund--state appropriation for fiscal year 2002, $125,000 of the general fund--state appropriation for fiscal year 2003, and $250,000 of the general fund--federal appropriation are provided solely for a study of the prevalence of mental illness among the state's regional support networks and the appropriate allocation of state hospital beds among the networks. The prevalence study shall examine how reasonable estimates of the prevalence of mental illness relate to the incidence of persons enrolled in medical assistance programs in each regional support network area. In conducting ((this)) the prevalence study, the department shall consult with the joint legislative audit and review committee, regional support networks, community mental health providers, and mental health consumer representatives. The department shall submit a final report on ((its)) the findings of the prevalence study to the fiscal, health care, and human services committees of the legislature by November 1, 2003. In preparing the report on allocation of state hospital beds, the department shall: (i) Utilize the most current and reliable applicable academic research, and shall consult with academic and other national experts on mental health inpatient care; (ii) estimate the relative need for short-term and long-term inpatient psychiatric care in each of the state's regions, based on the factors that the experts identify as the best predictors of need, including geographic proximity to the hospitals; and (iii) identify options for changing the current distribution of state hospital beds among the regional support networks. This report shall be prepared in consultation with representatives of people with mental illness and the regional support networks, and shall be submitted to appropriate committees of the legislature. The department shall maintain the same relative allocation of budgeted, nonforensic state hospital beds among the regional support networks as was in effect during fiscal year 2002 until at least thirty days after adjournment of the first regular legislative session following submission of the report on the appropriate allocation of these beds. This subsection does not prohibit the replacement of current state hospital beds with community alternatives as provided elsewhere in this section.

 

             Sec. 205. 2001 2nd sp.s. c 7 s 205 (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 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((231,693,000))

233,705,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((242,347,000))

255,415,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((396,151,000))

405,773,000

Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 ((741,000))

903,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((870,932,000))

895,796,000

 

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

             (a) The legislature finds that comprehensive reform of the developmental disabilities program is required. Recent audits and litigation indicate a need to improve the quality of program data, strengthen program and fiscal management, and clarify the criteria and determination of eligibility for services. Additional resources are also needed to expand access to community services. The appropriations in this section are intended to address the most urgent needs while strengthening program and fiscal accountability. The department shall provide monthly progress reports to the appropriate committees of the legislature on actions taken in three areas: The implementation of expanded services, the development and implementation of a new home and community based medicaid waiver, and improvements in program and fiscal management.

             (b) $10,050,000 of the fiscal year 2003 general fund--state appropriation and $3,550,000 of the general fund--federal appropriation are provided solely for expanded access to community services. A total of $7,800,000 is provided for additional residential services for persons on the home and community based waiver. A total of $3,600,000 is provided for family support and high school transition. A total of $2,700,000 is provided between this subsection and subsection (3) of this section for staffing and other costs to improve oversight of quality of care, program management, and fiscal management. New funding for family support and high school transition along with a portion of existing funding for these programs shall be provided as supplemental security income (SSI) state supplemental payments. The legislature finds that providing cash assistance to individuals and families needing these supports promotes self-determination and independence. It is the intent of the legislature that the department shall comply with federal requirements to maintain aggregate funding for SSI state supplemental payments while promoting self-determination and independence for persons with developmental disabilities in families with taxable incomes at or below 150 percent of median family income. Individuals receiving family support or high school transition payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments. These amounts and the specified expansion of community services are intended to be the fiscal component of the negotiated settlement in the pending litigation on developmental disabilities services, ARC v. Quasim.

             (c) The health services account appropriation and (($753,000)) $904,000 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))) (d) $902,000 of the general fund--state appropriation for fiscal year 2002, $3,372,000 of the general fund--state appropriation for fiscal year 2003, and $4,056,000 of the general fund--federal appropriation are provided solely for community services for residents of residential habilitation centers (RHCs) who are able to be adequately cared for in community settings and who choose to live in those community settings. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $280. If the number and timing of residents choosing to move into community settings is not sufficient to achieve the RHC cottage consolidation plan assumed in the appropriations in subsection (2) of this section, the department shall transfer sufficient appropriations from this subsection to subsection (2) of this section to cover the added costs incurred in the RHCs. The department shall report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of residents moving into community settings and the actual expenditures for all community services to support those residents.

             (((c) $1,440,000)) (e) $1,153,000 of the general fund--state appropriation for fiscal year 2002, (($3,041,000)) $3,054,000 of the general fund--state appropriation for fiscal year 2003, and (($4,311,000)) $4,031,000 of the general fund--federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues or are diverted or discharged from state psychiatric hospitals. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $275. The department shall report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of persons served with these additional community services, where they were residing, what kinds of services they were receiving prior to placement, and the actual expenditures for all community services to support these clients.

             (((d) $1,005,000 of the general fund--state appropriation for fiscal year 2002, $2,262,000 of the general fund--state appropriation for fiscal year 2003, and $2,588,000 of the general fund--federal appropriation are provided solely for increasing case/resource management resources to improve oversight and quality of care for persons enrolled in the medicaid home and community services waiver for persons with developmental disabilities.)) (f) The department shall not increase total enrollment in home and community based waivers for persons with developmental disabilities except for ((increases)) changes assumed in additional funding provided in subsections (b) ((and (c))), (d), and (e) of this section. Prior to submitting to the health care financing authority any additional home and community based waiver request for persons with developmental disabilities, the department shall submit a summary of the waiver request to the appropriate committees of the legislature. The summary shall include eligibility criteria, program description, enrollment projections and limits, and budget and cost effectiveness projections that distinguish the requested waiver from other existing or proposed waivers.

             (((e))) (g) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and $1,000,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for employment, or other day activities and training programs, for young adults with developmental disabilities who complete their high school curriculum in 2001 or 2002. These services are intended to assist with the transition to work and more independent living. Funding shall be used to the greatest extent possible for vocational rehabilitation services matched with federal funding. In recent years, the state general fund appropriation for employment and day programs has been underspent. These surpluses, built into the carry forward level budget, shall be redeployed for high school transition services.

             (((f))) (h) $369,000 of the fiscal year 2002 general fund--state appropriation and $369,000 of the fiscal year 2003 general fund--state appropriation are provided solely for continuation of the autism pilot project started in 1999.

             (((g))) (i) $4,049,000 of the general fund--state appropriation for fiscal year 2002, $1,734,000 of the general fund--state appropriation for fiscal year 2003, and $5,369,000 of the general fund--federal appropriation are provided solely to increase compensation by an average of fifty cents per hour for low-wage workers providing state-funded services to persons with developmental disabilities. These funds, along with funding provided for vendor rate increases, are sufficient to raise wages an average of fifty cents and cover the employer share of unemployment and social security taxes on the amount of the wage increase. In consultation with the statewide associations representing such agencies, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002.

             (j) $1,310,000 of the general fund--state appropriation for fiscal year 2003 and $1,207,000 of the general fund--federal appropriation are provided solely for an increase of twenty-five cents per hour on October 1, 2002, for individual and agency home care workers who provide state-funded services to persons with developmental disabilities. The amount provided in this section also includes the funds needed for the employer share of unemployment and social security taxes on the amount of the wage increase required by this subsection. The wage increases for individual providers required by this subsection are subject to the collective bargaining provisions of Initiative Measure No. I-775 (chapter 3, Laws of 2002).

 

             (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((71,977,000))

69,375,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$            ((69,303,000))

68,203,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((145,641,000))

145,672,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $            ((10,230,000))

11,230,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((297,151,000))

294,480,000

 

             The appropriations in this subsection are subject to the following conditions and limitations: Pursuant to RCW 71A.12.160, if residential habilitation center capacity is not being used for permanent residents, the department ((may)) shall make residential habilitation center vacancies available for respite care and any other services needed to care for clients who are not currently being served in a residential habilitation center and whose needs require staffing levels similar to current residential habilitation center residents. Providing respite care shall not impede the department's ability to consolidate cottages, and maintain expenditures within allotments, as assumed in the appropriations in this subsection.

 

             (3) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,601,000))

1,711,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,623,000))

2,007,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((2,413,000))

2,612,000

Telecommunications Devices for the Hearing and

             Speech Impaired Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   1,767,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              ((7,637,000))

8,097,000

 

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

             (a) $270,000 of the fiscal year 2003 general fund--state appropriation and $170,000 of the general fund--federal appropriation are provided solely for improved fiscal management of the home and community-based waiver and other community services.

             (b) (($50,000 of the fiscal year 2002 general fund--state appropriation and $50,000 of the fiscal year 2003 general fund--state appropriation are)) $100,000 of the telecommunications devices for the hearing and speech impaired account appropriation is provided solely for increasing the contract amount for the southeast Washington deaf and hard of hearing services center due to increased workload.

 

             (4) SPECIAL PROJECTS

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                 11,995,000

 

             Sec. 206. 2001 2nd sp.s. c 7 s 206 (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 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((518,911,000))

505,983,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((537,907,000))

513,154,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$       ((1,078,417,000))

1,053,299,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $              ((4,324,000))

11,803,000

Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                   4,523,000

             TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$       ((2,144,082,000))

2,088,762,000

 

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

             (1) The entire health services account appropriation, $1,210,000 of the general fund--state appropriation for fiscal year 2002, $1,423,000 of the general fund--state appropriation for fiscal year 2003, and $6,794,000 of the general fund--federal appropriation 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, and only for persons with incomes below 200 percent of the federal poverty level. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.

             (2) $1,706,000 of the general fund--state appropriation for fiscal year 2002 and $1,706,000 of the general fund--state appropriation for fiscal year 2003, 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 chapter 74.46 RCW, the weighted average nursing facility payment rate shall be no more than $128.79 for fiscal year 2002, and no more than (($134.45)) $132.58 for fiscal year 2003. For all facilities, the therapy care, support services, and operations component rates established in accordance with chapter 74.46 RCW shall be adjusted for economic trends and conditions by 2.1 percent effective July 1, 2001, and by an additional ((2.3)) 1.5 percent effective July 1, 2002. For case-mix facilities, direct care component rates established in accordance with chapter 74.46 RCW shall also be adjusted for economic trends and conditions by 2.1 percent effective July 1, 2001, and by an additional 2.3 percent effective July 1, 2002. Additionally, to facilitate the transition to a fully case-mix based direct care payment system, the median price per case-mix unit for each of the applicable direct care peer groups shall be increased on a one-time basis by 2.64 percent effective July 1, 2002.

             (4) In accordance with Substitute House Bill No. 2242 (nursing home rates), the department shall issue certificates of capital authorization which result in up to $10 million of increased asset value completed and ready for occupancy in fiscal year 2003; in up to $27 million of increased asset value completed and ready for occupancy in fiscal year 2004; and in up to $27 million of increased asset value completed and ready for occupancy in fiscal year 2005.

             (5) 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.

             (6) Within funds appropriated in this section and in section 204 of this act, the aging and adult services program shall coordinate with and actively support the efforts of the mental health program and of the regional support networks to provide stable community living arrangements for persons with dementia and traumatic brain injuries who have been long-term residents of the state psychiatric hospitals. The aging and adult services program shall report to the health care and fiscal committees of the legislature by November 1, 2001, and by November 1, 2002, on the actions it has taken to achieve this objective.

             (7) Within funds appropriated in this section and in section 204 of this act, the aging and adult services program shall devise and implement strategies in partnership with the mental health program and the regional support networks to reduce the use of state and local psychiatric hospitals for the short-term stabilization of persons with dementia and traumatic brain injuries. Such strategies may include training and technical assistance to help long-term care providers avoid and manage behaviors which might otherwise result in psychiatric hospitalizations; monitoring long-term care facilities to assure residents are receiving appropriate mental health care and are not being inappropriately medicated or hospitalized; the development of diversion beds and stabilization support teams; and the establishment of systems to track the use of psychiatric hospitals by long-term care providers. The aging and adult services program shall report to the health care and fiscal committees of the legislature by November 1, 2001, and by November 1, 2002, on the actions it has taken to achieve this objective.

             (8) In accordance with Substitute House Bill No. 1341, the department may implement ((two)) a medicaid waiver program((s)) for persons who do not qualify for such services as categorically needy, subject to federal approval and the following conditions and limitations:

             (a) ((One)) The waiver program shall include coverage of ((home-based services, and the second shall include coverage of)) care in community residential facilities. ((Enrollment in the waiver covering home-based services shall not exceed 150 persons by the end of fiscal year 2002, nor 200 persons by the end of fiscal year 2003.)) Enrollment in the waiver ((covering community residential services)) shall not exceed ((500)) 50 persons by the end of fiscal year 2002, nor ((900)) 600 persons by the end of fiscal year 2003.

             (b) For each month of waiver service delivered to a person who was not covered by medicaid prior to their enrollment in the waiver, the aging and adult services program shall transfer to the medical assistance program state and federal funds equal to the monthly per capita expenditure amount, net of drug rebates, estimated for medically needy-aged persons in the most recent forecast of medical assistance expenditures.

             (c) The department shall identify the number of medically needy nursing home residents, and enrollment and expenditures on ((each of)) the ((two)) medically needy waiver((s)), on monthly management reports.

             (d) The department shall track and report to health care and fiscal committees of the legislature by November 15, 2002, on the types of long-term care support a sample of waiver participants were receiving prior to their enrollment in the waiver, how those services were being paid for, and an assessment of their adequacy.

             (9) $50,000 of the general fund--state appropriation for fiscal year 2002 and $50,000 of the general fund--state appropriation for fiscal year 2003 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.

             (10) $364,000 of the general fund--state appropriation for fiscal year 2002, $364,000 of the general fund--state appropriation for fiscal year 2003, and $740,000 of the general fund--federal appropriation are provided solely for payment of exceptional care rates so that persons with Alzheimer's disease and related dementias who might otherwise require nursing home or state hospital care can instead be served in boarding home-licensed facilities which specialize in the care of such conditions.

             (11) From funds appropriated in this section, the department shall increase compensation for individual and for agency home care providers. Payments to individual home care providers are to be increased from $7.18 per hour to $7.68 per hour on July 1, 2001, and to $7.93 per hour on October 1, 2002. Payments to agency providers are to be increased to $13.30 per hour on July 1, 2001, and to $13.44 per hour on July 1, 2002, and to $13.72 on October 1, 2002. All but 18 cents per hour of the July 1, 2001, increase to agency providers, and all but 3 cents per hour of the October 1, 2002, increase, is to be used to increase wages for direct care workers. The appropriations in this section also include the funds needed for the employer share of unemployment and social security taxes on the amount of the wage increase required by this subsection. The October 1, 2002, wage increases for individual providers are subject to the collective bargaining provisions of Initiative Measure No. 775 (chapter 3, Laws of 2002).

             (12) $2,507,000 of the general fund--state appropriation for fiscal year 2002, $2,595,000 of the general fund--state appropriation for fiscal year 2003, and $5,100,000 of the general fund--federal appropriation are provided solely for prospective rate increases intended to increase compensation by an average of fifty cents per hour for low-wage workers in agencies which contract with the state to provide community residential services for persons with functional disabilities. In consultation with the statewide associations representing such agencies, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the wage increase.

             (13) $1,082,000 of the general fund--state appropriation for fiscal year 2002, $1,082,000 of the general fund--state appropriation for fiscal year 2003, and $2,204,000 of the general fund--federal appropriation are provided solely for prospective rate increases intended to increase compensation for low-wage workers in nursing homes which contract with the state. For fiscal year 2002, the department shall add forty-five cents per patient day to the direct care rate which would otherwise be paid to each nursing facility in accordance with chapter 74.46 RCW. For fiscal year 2003, the department shall increase the median price per case-mix unit for each of the applicable peer groups by six-tenths of one percent in order to distribute the available funds. In consultation with the statewide associations representing nursing facilities, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002, and by December 1, 2002.

 

             Sec. 207. 2001 2nd sp.s. c 7 s 207 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((436,440,000))

442,984,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$          ((424,870,000))

394,974,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$       ((1,356,351,000))

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