ONE-HUNDRED FIFTH DAY

MORNING SESSIONSenate Chamber, Olympia, Sunday, April 24, 2005

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benson, Brown, Deccio, Hargrove, Haugen, McCaslin, Pflug, Poulsen and Stevens.

      The Sergeant at Arms Color Guard consisting of Pages Michael Bahrt and Courtney Jones, presented the Colors. Senator Bob Morton offered the prayer.

 

MOTION

 

      On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the third order of business.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Fraser, moved that Gubernatorial Appointment No. 9323, Linda Villegas Bremer, as Director of the Department of General Administration, be confirmed.

      Senator Fraser spoke in favor of the motion.

 

MOTION

 

On motion of Senator Schoesler, Senators Carrell, Benson, Benton, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Mulliken, Parlette, Pflug, Roach, Stevens and Zarelli were excused.

 

APPOINTMENT OF LINDA VILLEGAS BREMER

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9323, Linda Villegas Bremer as Director of the Department of General Administration.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9323, Linda Villegas Bremer as Director of the Department of General Administration and the appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 4; Excused, 5.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 40

      Absent: Senators Brown, Hargrove, Haugen and Poulsen - 4

      Excused: Senators Benson, Deccio, McCaslin, Pflug and Stevens - 5

Gubernatorial Appointment No. 9323, Linda Villegas Bremer, having received the constitutional majority was declared confirmed as Director of the Department of General Administration.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION


 

      Senator Fraser, moved that Gubernatorial Appointment No. 9116, Marsha Long, as a member of the Personnel Resources Board, be confirmed.

      Senator Fraser spoke in favor of the motion.

 

MOTION

 

On motion of Senator Hewitt, Senators Brown, Haugen, Hargrove and Poulsen were excused.

 

APPOINTMENT OF MARSHA LONG

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9116, Marsha Long as a member of the Personnel Resources Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9116, Marsha Long as a member of the Personnel Resources Board and the appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 2; Excused, 8.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 39

      Absent: Senators Esser and Zarelli - 2

      Excused: Senators Benson, Brown, Deccio, Hargrove, Haugen, McCaslin, Pflug and Stevens - 8

Gubernatorial Appointment No. 9116, Marsha Long, having received the constitutional majority was declared confirmed as a member of the Personnel Resources Board.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Fraser, moved that Gubernatorial Appointment No. 9307, Gary Robinson, as Director of the Department of Information Services, be confirmed.

      Senator Fraser spoke in favor of the motion.

 

MOTION

 

On motion of Senator Brandland, Senator Hewitt was excused.

 

APPOINTMENT OF GARY ROBINSON

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9307, Gary Robinson as Director of the Department of Information Services.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9307, Gary Robinson as Director of the Department of Information Services and the appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 39

      Absent: Senator Prentice - 1

      Excused: Senators Benson, Brown, Deccio, Hargrove, Haugen, Hewitt, McCaslin, Pflug and Stevens - 9

Gubernatorial Appointment No. 9307, Gary Robinson, having received the constitutional majority was declared confirmed as Director of the Department of Information Services.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kohl-Welles, moved that Gubernatorial Appointment No. 9325, Chris Liu, as Director of the Lottery Commission, be confirmed.

      Senator Kohl-Welles spoke in favor of the motion.

 

APPOINTMENT OF CHRIS LIU

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9325, Chris Liu as Director of the Lottery Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9325, Chris Liu as Director of the Lottery Commission and the appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Excused: Senators Benson, Brown, Deccio, Hargrove, Haugen, McCaslin and Stevens - 7

Gubernatorial Appointment No. 9325, Chris Liu, having received the constitutional majority was declared confirmed as Director of the Lottery Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Kohl-Welles, moved that Gubernatorial Reappointment No. 9052, Frank E. Fennerty, Jr., as a member of the Board of Industrial Insurance Appeals Board, be confirmed.

      Senator Kohl-Welles spoke in favor of the motion.

 

REAPPOINTMENT OF FRANK E. FENNERTY, JR.

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9052, Frank E. Fennerty, Jr. as a member of the Board of Industrial Insurance Appeals Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9052, Frank E. Fennerty, Jr. as a member of the Board of Industrial Insurance Appeals Board and the appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Excused: Senators Benson, Brown, Deccio, Hargrove, Haugen, McCaslin and Stevens - 7

Gubernatorial Reappointment No. 9052, Frank E. Fennerty, Jr., having received the constitutional majority was declared confirmed as a member of the Board of Industrial Insurance Appeals Board.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Sheldon, moved that Gubernatorial Reappointment No. 9024, Paul R. Calderon, as a member of the Board of Directors, Small Business Export Finance Assistance Center, be confirmed.

      Senator Sheldon spoke in favor of the motion.

 

REAPPOINTMENT OF PAUL R. CALDERON

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9024, Paul R. Calderon as a member of the Board of Directors, Small Business Export Finance Assistance Center.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9024, Paul R. Calderon as a member of the Board of Directors, Small Business Export Finance Assistance Center and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Excused: Senators Brown, Deccio, Hargrove, Haugen, McCaslin and Stevens - 6

Gubernatorial Reappointment No. 9024, Paul R. Calderon, having received the constitutional majority was declared confirmed as a member of the Board of Directors, Small Business Export Finance Assistance Center.

 

MOTION

 

      Senator Benton moved that the Senate adjourn sine die.

 

REMARKS BY THE PRESIDENT

 

      President Owen: “There is a little process called joint concurrent resolutions.”

 

MOTIONS

 

      On motion of Senator Benton, the motion by Senator Benton was withdrawn.

      Senator Benton moved that the Senate recess until 2:00 p.m. Sunday, April 24, 2005.

      Senator Eide spoke against the motion.

      The President declared the question before the Senate to be the motion by Senator Benton to recess until 2:00 p.m.

      The motion by Senator Benton failed and the Senate did not recess by voice vote.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Rockefeller, moved that Gubernatorial Appointment No. 9248, Jerry Hebert, as a member of the Human Rights Commission, be confirmed.

      Senator Rockefeller spoke in favor of the motion.

 

APPOINTMENT OF JERRY HEBERT

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9248, Jerry Hebert as a member of the Human Rights Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9248, Jerry Hebert as a member of the Human Rights Commission and the appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Absent: Senator Keiser - 1

      Excused: Senators Brown, Deccio, Hargrove, Haugen, McCaslin and Stevens - 6

Gubernatorial Appointment No. 9248, Jerry Hebert, having received the constitutional majority was declared confirmed as a member of the Human Rights Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kline, moved that Gubernatorial Appointment No. 9026, Ellis H. Casson, as a member of the Human Rights Commission, be confirmed.

      Senator Kline spoke in favor of the motion.

 

APPOINTMENT OF ELLIS H. CASSON

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9026, Ellis H. Casson as a member of the Human Rights Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9026, Ellis H. Casson as a member of the Human Rights Commission and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Excused: Senators Brown, Deccio, Hargrove, Haugen, McCaslin and Stevens - 6

Gubernatorial Appointment No. 9026, Ellis H. Casson, having received the constitutional majority was declared confirmed as a member of the Human Rights Commission.

 


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kline, moved that Gubernatorial Appointment No. 9063, Julia L. Garratt, as a member of the Indeterminate Sentence Review Board, be confirmed.

      Senator Kline spoke in favor of the motion.

 

MOTION

 

On motion of Senator Mulliken, Senator Benton was excused.

 

APPOINTMENT OF JULIA L. GARRATT

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9063, Julia L. Garratt as a member of the Indeterminate Sentence Review Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9063, Julia L. Garratt as a member of the Indeterminate Sentence Review Board and the appointment was confirmed by the following vote: Yeas, 41; Nays, 2; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 41

      Voting nay: Senators Honeyford and Schoesler - 2

      Excused: Senators Benton, Brown, Deccio, Hargrove, McCaslin and Stevens - 6

Gubernatorial Appointment No. 9063, Julia L. Garratt, having received the constitutional majority was declared confirmed as a member of the Indeterminate Sentence Review Board.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kline, moved that Gubernatorial Appointment No. 9110, Deborah S. Lee, as a member of the Human Rights Commission, be confirmed.

      Senator Kline spoke in favor of the motion.

 

APPOINTMENT OF DEBORAH S. LEE

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9110, Deborah S. Lee as a member of the Human Rights Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9110, Deborah S. Lee as a member of the Human Rights Commission and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Excused: Senators Brown, Deccio, Hargrove, McCaslin and Stevens - 5

Gubernatorial Appointment No. 9110, Deborah S. Lee, having received the constitutional majority was declared confirmed as a member of the Human Rights Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Kline, moved that Gubernatorial Reappointment No. 9229, Mike Brasfield, as a member of the Sentencing Guidelines Commission, be confirmed.

      Senators Kline and Brandland spoke in favor of the motion.

 

REAPPOINTMENT OF MIKE BRASFIELD

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9229, Mike Brasfield as a member of the Sentencing Guidelines Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9229, Mike Brasfield as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Excused: Senators Brown, Deccio, Hargrove, McCaslin and Stevens - 5

Gubernatorial Reappointment No. 9229, Mike Brasfield, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Kline, moved that Gubernatorial Reappointment No. 9232, Ronald D. Cantu, as a member of the Sentencing Guidelines Commission, be confirmed.

      Senator Kline spoke in favor of the motion.

 

REAPPOINTMENT OF RONALD D. CANTU

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9232, Ronald D. Cantu as a member of the Sentencing Guidelines Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9232, Ronald D. Cantu as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 5; Excused, 3.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 41

      Absent: Senators Benton, Delvin, Finkbeiner, Mulliken and Regala - 5

      Excused: Senators Deccio, McCaslin and Stevens - 3

Gubernatorial Reappointment No. 9232, Ronald D. Cantu, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Prentice, moved that Gubernatorial Appointment No. 9083, Edward James, Jr., as a member of the Board of Trustees, Renton Technical College District No. 27, be confirmed.

      Senator Prentice spoke in favor of the motion.

 

MOTIONS

 

On motion of Senator Weinstein, Senator Regala was excused.

On motion of Senator Hewitt, Senator Mulliken was excused.

 

APPOINTMENT OF EDWARD JAMES, JR.

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9083, Edward James, Jr. as a member of the Board of Trustees, Renton Technical College District No. 27.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9083, Edward James, Jr. as a member of the Board of Trustees, Renton Technical College District No. 27 and the appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Deccio, McCaslin, Mulliken and Stevens - 4

Gubernatorial Appointment No. 9083, Edward James, Jr., having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Renton Technical College District No. 27.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Kline, moved that Gubernatorial Reappointment No. 9240, Tari Eitzen, as a member of the Sentencing Guidelines Commission, be confirmed.

      Senators Kline and Benson spoke in favor of the motion.

 

REAPPOINTMENT OF TARI EITZEN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9240, Tari Eitzen as a member of the Sentencing Guidelines Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9240, Tari Eitzen as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Brown and Kohl-Welles - 2

      Excused: Senators Deccio, McCaslin and Stevens - 3

Gubernatorial Reappointment No. 9240, Tari Eitzen, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 23, 2005

 

MR. PRESIDENT:

      The House had adopted the report of Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2266, and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 23, 2005

 

MR. PRESIDENT:

 

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

      HOUSE BILL NO. 1019,

      SUBSTITUTE HOUSE BILL NO. 1509,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5539,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005


 

MR. PRESIDENT:

The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5227,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6103,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

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

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1830,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 23, 2005

 

MR. PRESIDENT:

 

The House concurred in Senate amendment{s} to the following bill and passed the bill as amended by the Senate:

      SUBSTITUTE HOUSE BILL NO. 2304,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 23, 2005

 

MR. PRESIDENT:

 

      Under suspension of rules SUBSTITUTE SENATE BILL NO. 5602, was returned to second reading for purpose of an amendment{s} and passed the House as amended by the House.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 90.64 RCW to read as follows:

      (1) The legislature finds that a livestock nutrient management program is essential to protecting the quality of the waters of the state and ensuring a healthy and productive livestock industry.

      (2) The departments of agriculture and ecology shall examine their current statutory authorities and provide the legislature with recommendations for statutory changes to fully implement a livestock nutrient management program within the department of agriculture for concentrated animal feeding operations, animal feeding operations, and dairies, as authorized in RCW 90.48.260, 90.64.813, and 90.64.901. In developing recommended statutory changes, the departments shall consult with the livestock nutrient management program development and oversight committee created in RCW 90.64.813. The recommendations must be submitted to the legislature by the departments of agriculture and ecology prior to applying to the environmental protection agency for delegated authority to administer the CAFO portion of the national pollutant discharge elimination system permit program under the federal clean water act.

      (3) For purposes of this act, animal feeding operations (AFOs) and concentrated animal feeding operations (CAFOs) have the same meaning as defined in 40 C.F.R. 122.23.

      (4) This section applies to all operations that meet the definition of an AFO. This section does not apply to true pasture and rangeland operations that do not meet the definition of AFO, however, such operations may have confinement areas that may qualify as an AFO.

      Sec. 2. RCW 90.64.813 and 2003 c 325 s 2 are each amended to read as follows:

      (1) A livestock nutrient management program development and oversight committee is created comprised of the following members((, appointed as follows)):

      (a) The director of the department of agriculture, or the director's designee, who shall serve as committee chair;

      (b) The director of the department of ecology, or the director's designee;

      (c) A representative of the United States environmental protection agency, appointed by the regional director of the agency unless the agency chooses not to be represented on the committee;

      (d) One member from each of the two major caucuses of the house of representatives, appointed by the speaker of the house of representatives, and one member from each of the two major caucuses of the senate, appointed by the president of the senate;

      (e) A representative of commercial shellfish growers, nominated by an organization representing these growers, appointed by the ((governor)) director;

      (((e))) (f) A representative of an environmental interest organization with familiarity and expertise in water quality issues as nominated by a statewide environmental organization, appointed by the ((governor)) director;

      (((f))) (g) A representative of tribal governments as nominated by an organization representing tribal governments((, appointed by the governor));

      (((g))) (h) A representative of Washington State University appointed by the dean of the college of agriculture and home economics;

      (((h))) (i) A representative of the Washington association of conservation districts, appointed by the association's board of officers;

      (((i))) (j) Three representatives of dairy producers nominated by a statewide organization representing dairy producers in the state, appointed by the ((governor)) director;

      (((j))) (k) Two representatives of beef cattle producers nominated by a statewide organization representing beef cattle producers in the state, appointed by the ((governor)) director;

      (((k))) (l) One representative of poultry producers nominated by a statewide organization representing poultry producers in the state, appointed by the ((governor)) director;

      (((l))) (m) One representative of the commercial cattle feedlots nominated by a statewide organization representing commercial cattle feedlots in the state, appointed by the ((governor)) director; ((and))

      (((m))) (n) A representative of any other segment of the livestock industry determined by the director of agriculture to be subject to federal rules regulating animal feeding or concentrated animal feeding operations;

      (o) One representative of horse owners nominated by a statewide organization representing horse owners in the state, appointed by the director; and

      (p) One representative of sheep producers nominated by a statewide organization representing sheep producers in the state, appointed by the director.

      (2) The state department of agriculture shall provide staff for the committee. The department of agriculture may request staff assistance be assigned by the United States environmental protection agency to assist the director in staffing the committee.


      (3) The committee shall establish a work plan that includes a list of tasks and a projected completion date for each task.

      (4) The committee may establish a subcommittee for each of the major industry segments that is covered by the recently adopted federal regulations that pertain to animal feeding operations and concentrated animal feeding operations. The subcommittee shall be composed of selected members of the full committee and additional representatives from that major segment of the livestock industry as determined by the director. The committee shall assign tasks to the subcommittees and shall establish dates for each subcommittee to report back to the full committee.

      (5) The committee shall examine the recently adopted federal regulations that provide for the regulation of animal feeding operations and concentrated animal feeding operations and develop a program to be administered by the department of agriculture that meets the requirements and time frames contained in the federal rules. Elements that the committee shall evaluate include:

      (a) A process for adopting standards and for developing plans for each operation that meet these standards;

      (b) A process for revising current national pollution discharge elimination system permits currently held by livestock operations and to transition these permits into the new system; and

      (c) In consultation with the director, a determination of what other work is needed and what other institutional relationships are needed or desirable. The committee shall consult with representatives of the statewide association of conservation districts regarding any functions or activities that are proposed to be provided through local conservation districts.

      (6) The committee shall review and comment on proposals for grants from the livestock nutrient management account created in RCW 90.64.150.

      (7) The committee shall develop draft proposed legislation that includes:

      (a) Statutory changes, including a timeline to achieve the phased-in levels of regulation under federal law, to comply with the minimum requirements under federal law and the minimum requirements under chapter 90.48 RCW. These changes must meet the requirements necessary to enable the department of agriculture and the department of ecology to pursue the United States environmental protection agency's approval of the transfer of the permitting program as it relates to the concentrated animal feeding operations from the department of ecology to the department of agriculture;

      (b) Statutory changes necessitated by the transfer of functions under chapter 90.64 RCW from the department of ecology to the department of agriculture;

      (c) Continued inspection of dairy operations at least once every two years;

      (d) An outreach and education program to inform the various animal feeding operations and concentrated animal feeding operations of the program's elements; and

      (e) Annual reporting to the legislature on the progress of the state strategy for implementing the animal feeding operation and concentrated animal feeding operation.

      (8) The committee shall provide a report by December 1, 2003, to appropriate committees of the legislature that includes the results of the committee's evaluation under subsection (5) of this section and draft legislation to initiate the program.

      (9) The committee shall evaluate simplified nutrient management planning tools and systematic practices that can be offered to those livestock operations not required to have permits or farm plans. The planning tools and systematic practices may include coordinated resource management and shall differentiate between types of operations, between stock restricted and open range areas, and between regional differences in average annual precipitation. The goal shall be to introduce these practical models through technical assistance, education, and outreach so that all livestock owners will have clear guidance on how to meet basic responsibilities to protect water quality. The committee shall report its recommendations on tools and service delivery options to appropriate committees of the legislature during the September 2005 assembly.

      (10) With respect to the federal requirement that livestock nutrient management plans contain a component ensuring proper management of dead animals, the committee shall review issues concerning routine animal carcass disposal in Washington, including composting, rendering, burying, landfills, and incineration. The committee may appoint a subcommittee including appropriate technical staff from state agencies to undertake this task and make recommendations back to the full committee. At the legislative assembly in September 2005, the department of agriculture, the department of ecology, the state board of health, and committee representatives shall present reports as follows to the appropriate legislative committees:

      (a) The department of ecology shall report on the status of off-site animal composting options that meet the livestock industry's need for disposal alternatives while assuring consumer protection and equity with other composters;

      (b) The department of agriculture shall report on the status of a comprehensive, clearly written guidance document for the livestock industry on alternatives currently available for routine disposal of animal carcasses. The guidance document shall include, at a minimum, the disposal alternatives of rendering, burying, landfills, and composting; and

      (c) The state board of health shall report on the status of rule making that clarifies burial depth, location of burial sites in relation to drinking water wells, and incineration.

      (11) This section expires ((June 30, 2006)) when the federal environmental protection agency delegates authority for the NPDES CAFO program to the department of agriculture. The department of agriculture shall provide notice to the legislature of the date of any such delegation of authority.

      NEW SECTION. Sec. 3. (1) The department of ecology shall develop and maintain a standard protocol for water quality monitoring of the waters of the state within the vicinity of dairies and CAFOs. The protocol shall include sampling methods and procedures and identify the water quality constituents to be monitored.

      (2) The department of ecology shall submit the initial protocol developed according to this section to the appropriate committees of the legislature by December 1, 2005.

      NEW SECTION. Sec. 4. A new section is added to chapter 90.64 RCW to read as follows:

      This section applies to dairies, AFOs, and CAFOs, not required to apply for a permit. Information in plans, records, and reports obtained by state and local agencies from livestock producers under this act regarding (1) number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields shall be disclosable in response to a request for public records under chapter 42.17 RCW only in ranges that provide meaningful information to the public while ensuring confidentiality of business information. The department of agriculture shall adopt rules to implement this section in consultation with affected state and local agencies.

      NEW SECTION. Sec. 5. A new section is added to chapter 42.17 RCW to read as follows:

      The following information in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations, not required to apply for a national pollutant discharge elimination system permit is disclosable only in ranges that provide meaningful information to the public while ensuring confidentiality of business information regarding: (1) Number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields. The department of agriculture shall adopt rules to implement this section in consultation with affected state and local agencies.


      NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW, to be codified after RCW 70.95.305, to read as follows:

      (1) By July 1, 2005, the department of ecology and the department of agriculture, in consultation with the department of health, shall make available to livestock producers clearly written guidelines for the composting of bovine and equine carcasses for routine animal disposal.

      (2) Composters of bovine and equine carcasses are exempt from the metals testing and permit requirements under the solid waste handling rules for compost that is distributed off-site if the following conditions are met:

      (a) The carcasses to be composted are not known or suspected to be affected with a prion-protein disease such as bovine spongiform encephalopathy, a spore-forming disease such as anthrax or other diseases designated by the state veterinarian;

      (b) The composter follows the written guidelines provided for in subsection (1) of this section;

      (c) The composter does not accept for composting animal mortalities from other sources not directly affiliated with the composter's operation;

      (d) The composter provides information to the end-user that includes the source of the material; the quality of the compost as to its nutrient content, pathogens, and stability; and the restrictions on use of the compost as stated in (f) of this subsection;

      (e) The composter reports annually to the department the number of bovines and equines and the amounts of other material composted, including the composter's best estimate of the tonnage or yardage involved; and

      (f) The end-user applies the compost only to agricultural lands that are not used for the production of root crops except as prescribed in the guidelines and ensures no compost comes into contact with the crops harvested from the lands where the compost is applied.

      (3) If a compost production facility does not operate in compliance with the terms and conditions established for an exemption in this section, the facility shall be subject to the permitting requirements for solid waste handling under this chapter.

      Sec. 7. RCW 70.95.315 and 1998 c 156 s 7 are each amended to read as follows:

      The department may assess a civil penalty in an amount not to exceed one thousand dollars per day per violation to any person exempt from solid waste permitting in accordance with RCW 70.95.300 ((or)), 70.95.305, or section 6 of this act who fails to comply with the terms and conditions of the exemption. Each such violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation."

      Correct the title.

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

Senator Rasmussen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5602.

      Senators Rasmussen and Schoesler spoke in favor of the motion.

 

MOTION

 

On motion of Senator Brandland, Senator Carrell was excused.

 

MOTION

 

The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5602.

The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5602 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5602, as amended by the House.

      Senator Schoesler spoke in favor of passage of the bill.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5602, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

SUBSTITUTE SENATE BILL NO. 5602, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

SECOND READING

 

      HOUSE CONCURRENT RESOLUTION NO. 4408, by Representatives Quall, Ormsby, Dunn and McDermott

 

      Creating a joint select committee on secondary education.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, House Concurrent Resolution No. 4408 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      Senator McAuliffe spoke in favor of passage of the resolution.

 

MOTION

 

On motion of Senator Regala, Senator Fairley was excused.

 

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4408.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Concurrent Resolution No. 4408 and the concurrent resolution passed the Senate by the following vote: Yeas, 35; Nays, 11; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brandland, Brown, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 35

      Voting nay: Senators Benson, Benton, Carrell, Hewitt, Honeyford, Johnson, Morton, Mulliken, Oke, Schoesler and Stevens - 11

      Excused: Senators Deccio, Fairley and McCaslin - 3

      HOUSE CONCURRENT RESOLUTION NO. 4408, having received the constitutional majority, was declared passed.

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the third order of business.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Spanel, moved that Gubernatorial Appointment No. 9293, Robert Distler, as a member of the Transportation Commission, be confirmed.

      Senator Spanel spoke in favor of the motion.

 

APPOINTMENT OF ROBERT DISTLER

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9293, Robert Distler as a member of the Transportation Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9293, Robert Distler as a member of the Transportation Commission and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Deccio, Fairley and McCaslin - 3

Gubernatorial Appointment No. 9293, Robert Distler, having received the constitutional majority was declared confirmed as a member of the Transportation Commission.

 

MOTION

 

On motion of Senator Brandland, Senators Schoesler and Poulsen were excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Swecker, moved that Gubernatorial Reappointment No. 9281, Dale Stedman, as a member of the Transportation Commission, be confirmed.

      Senator Swecker spoke in favor of the motion.

 

REAPPOINTMENT OF DALE STEDMAN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9281, Dale Stedman as a member of the Transportation Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9281, Dale Stedman as a member of the Transportation Commission and the appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Deccio, McCaslin, Poulsen and Schoesler - 4

Gubernatorial Reappointment No. 9281, Dale Stedman, having received the constitutional majority was declared confirmed as a member of the Transportation Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Sheldon, moved that Gubernatorial Reappointment No. 9269, Daniel O'Neal, as a member of the Transportation Commission, be confirmed.

      Senator Sheldon spoke in favor of the motion.

 

REAPPOINTMENT OF DANIEL O’NEAL

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9269, Daniel O'Neal as a member of the Transportation Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9269, Daniel O'Neal as a member of the Transportation Commission and the appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Deccio, McCaslin, Poulsen and Schoesler - 4

Gubernatorial Reappointment No. 9269, Daniel O'Neal, having received the constitutional majority was declared confirmed as a member of the Transportation Commission.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

 

MOTION

 

      Senator Haugen, moved that Gubernatorial Reappointment No. 9243, Richard Ford, as a member of the Transportation Commission, be confirmed.

      Senator Haugen spoke in favor of the motion.

 

REAPPOINTMENT OF RICHARD FORD

 


The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9243, Richard Ford as a member of the Transportation Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9243, Richard Ford as a member of the Transportation Commission and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Deccio, McCaslin and Poulsen - 3

Gubernatorial Reappointment No. 9243, Richard Ford, having received the constitutional majority was declared confirmed as a member of the Transportation Commission.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

      The House has passed the following bill{s}:

ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8407,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

      Under suspension of rules ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5454, was returned to second reading for purpose of an amendment{s} and passed the House as amended by the House.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes the state's obligation to provide adequate representation to criminal indigent defendants and to parents in dependency and termination cases. The legislature also recognizes that trial courts are critical to maintaining the rule of law in a free society and that they are essential to the protection of the rights and enforcement of obligations for all. Therefore, the legislature intends to create a dedicated revenue source for the purposes of meeting the state's commitment to improving trial courts in the state, providing adequate representation to criminal indigent defendants, providing for civil legal services for indigent persons, and ensuring equal justice for all citizens of the state.

      NEW SECTION. Sec. 2. A new section is added to chapter 3.46 RCW to read as follows:

      Any city operating a municipal department under this chapter for which the state contributes to district or municipal court judges' salaries under section 7 of this act shall create a city trial court improvement account. An amount equal to one hundred percent of the state's contribution received by the city for the payment of the city's proportionate share of the district or municipal court judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to the municipal department's staffing, programs, facilities, or services, as appropriated by the city legislative authority.

      NEW SECTION. Sec. 3. A new section is added to chapter 3.50 RCW to read as follows:

      Any city or town operating a municipal court under this chapter for which the state contributes to municipal court judges' salaries under section 7 of this act shall create a city or town trial court improvement account. An amount equal to one hundred percent of the state's contribution for the payment of the city's or town's municipal court judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to the municipal court's staffing, programs, facilities, or services, as appropriated by the city or town legislative authority.

      NEW SECTION. Sec. 4. A new section is added to chapter 3.58 RCW to read as follows:

      Any county with a district court created under this title shall create a county trial court improvement account. An amount equal to one hundred percent of the state's contribution received by the county for the payment of district court judges' salaries under section 8 of this act shall be deposited into the account. Money in the account shall be used to fund improvements to superior and district court staffing, programs, facilities, or services, as appropriated by the county legislative authority.

      NEW SECTION. Sec. 5. A new section is added to chapter 35.20 RCW to read as follows:

      Any city operating a municipal court under this chapter that receives state contribution for municipal court judges' salaries under section 7 of this act of this act shall create a city trial court improvement account. An amount equal to one hundred percent of the state's contribution for the payment of municipal judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to the municipal court's staffing, programs, facilities, or services, as appropriated by the city legislative authority.

      Sec. 6. RCW 3.62.050 and 1987 c 202 s 114 are each amended to read as follows:

      The total expenditures of the district courts, including the cost of providing courtroom and office space, the cost of probation and parole services and any personnel employment therefor, and the cost of providing services necessary for the preparation and presentation of a defense at public expense, except costs of defense to be paid by a city pursuant to RCW 3.62.070 and the portion of district court judges' salaries distributed by the administrator for the courts pursuant to section 7 of this act, shall be paid from the county current expense fund.

      Sec. 7. RCW 2.56.030 and 2002 c 49 s 2 are each amended to read as follows:

      The administrator for the courts shall, under the supervision and direction of the chief justice:

      (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

      (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

      (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

      (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

      (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;


      (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

      (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

      (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

      (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;

      (10) Administer programs and standards for the training and education of judicial personnel;

      (11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

      (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

      (13) Attend to such other matters as may be assigned by the supreme court of this state;

      (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;

      (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 1997, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;

      (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;

      (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts statewide;

      (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;

      (19) Develop a Washington family law handbook in accordance with RCW 2.56.180.

      (20)(a) Administer and distribute amounts appropriated from the equal justice subaccount under section 8(2) of this act for district court judges' and qualifying elected municipal court judges' salary contributions. The administrator for the courts shall develop a distribution formula for these amounts that does not differentiate between district and elected municipal court judges.

      (b) A city qualifies for state contribution of elected municipal court judges' salaries under subsection (20)(a) of this section if:

      (i) The judge is serving in an elected position;

      (ii) The city has established by ordinance that a full-time judge is compensated at a rate equivalent to at least ninety-five percent, but not more than one hundred percent, of a district court judge salary or for a part-time judge on a pro-rate basis the same equivalent; and

      (iii) The city has certified to the office of the administrator for the courts that the conditions in (b)(i) and (ii) of this subsection have been met.

      Sec. 8. RCW 43.08.250 and 2003 1st sp.s. c 25 s 918 are each amended to read as follows:

      (1) The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium ending June 30, 2005, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, treatment for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, the replacement of the department of corrections' offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the family policy council and community public health and safety networks, the street youth program, public notification about registered sex offenders, and narcotics or methamphetamine-related enforcement, education, training, and drug and alcohol treatment services.

      (2) (a) The equal justice subaccount is created as a subaccount of the public safety and education account. The money received by the state treasurer from the increase in fees imposed by sections 9, 10, 12, 13, 14, 17, and 19 of this act shall be deposited in the equal justice subaccount and shall be appropriated only for:

      (i) criminal indigent defense assistance and enhancement at the trial court level, including a criminal indigent defense pilot program;

      (ii) representation of parents in dependency and termination proceedings;

      (iii) civil legal representation of indigent persons; and

      (iv) contribution to district court judges' salaries and to eligible elected municipal court judges' salaries.

      (b) For the 2005-07 fiscal biennium, an amount equal to twenty-five percent of revenues to the equal justice subaccount, less one million dollars, shall be appropriated from the equal justice subaccount to the administrator for the courts for purposes of subsection (2)(a)(iv). For the 2007-09 fiscal biennium and subsequent fiscal biennia, an amount equal to fifty percent of revenues to the equal justice subaccount shall be appropriated from the equal justice subaccount to the administrator for the courts for the purposes of subsection (2)(a)(iv).

      Sec. 9. RCW 3.62.060 and 2003 c 222 s 15 are each amended to read as follows:

      Clerks of the district courts shall collect the following fees for their official services:

      (1) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of ((thirty-one)) forty-three dollars plus any surcharge authorized by RCW 7.75.035. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.

      (2) For issuing a writ of garnishment or other writ, or for filing an attorney issued writ of garnishment, a fee of ((six)) twelve dollars.

      (3) For filing a supplemental proceeding a fee of ((twelve)) twenty dollars.

      (4) For demanding a jury in a civil case a fee of ((fifty)) one hundred twenty-five dollars to be paid by the person demanding a jury.

      (5) For preparing a transcript of a judgment a fee of ((six)) twenty dollars.

      (6) For certifying any document on file or of record in the clerk's office a fee of five dollars.

      (7) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).

      (8) For duplication of part or all of the electronic ((tape or tapes)) recording of a proceeding ten dollars per tape or other electronic storage medium.

      The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.

      NEW SECTION. Sec. 10. A new section is added to chapter 3.62 RCW to read as follows:

      Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of forty-three dollars. This fee shall be subject to division with the state under RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2).

      Sec. 11. RCW 4.12.090 and 1969 ex.s. c 144 s 1 are each amended to read as follows:

      (1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the court to which it is transferred and charge a fee as provided in RCW 36.18.016. The costs and fees thereof and of filing the papers anew must be paid by the party at whose instance the order was made, except in the cases mentioned in RCW 4.12.030(1), in which case the plaintiff shall pay costs of transfer and, in addition thereto, if the court finds that the plaintiff could have determined the county of proper venue with reasonable diligence, it shall order the plaintiff to pay the reasonable attorney's fee of the defendant for the changing of venue to the proper county. The court to which an action or proceeding is transferred has and exercises over the same the like jurisdiction as if it had been originally commenced therein.

      (2) In acting on any motion for dismissal without prejudice in a case where a motion for change of venue under subsection (1) of this section has been made, the court shall, if it determines the motion for change of venue proper, determine the amount of attorney's fee properly to be awarded to defendant and, if the action be dismissed, the attorney's fee shall be a setoff against any claim subsequently brought on the same cause of action.

      Sec. 12. RCW 10.46.190 and 1977 ex.s. c 248 s 1 are each amended to read as follows:

      Every person convicted of a crime or held to bail to keep the peace shall be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions((, and when tried by a jury before a committing magistrate, twenty-five dollars for jury fee,)) for which judgment shall be rendered and ((collection had as in cases of fines)) collected. The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk((, to be by him)) and applied as the jury fee in civil cases is applied.

      Sec. 13. RCW 12.12.030 and 1981 c 260 s 3 are each amended to read as follows:

      After the appearance of the defendant, and before the ((justice)) judge shall proceed to enquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful persons having the qualifications of jurors in the superior court of the same county, unless the parties shall agree upon a lesser number: PROVIDED, That the party demanding the jury shall first pay to the ((justice)) clerk of the court the sum of one hundred twenty-five dollars, which shall be paid over by the ((justice)) clerk of the court to the county, and ((said)) such amount shall be taxed as costs against the losing party.

      Sec. 14. RCW 12.40.020 and 1990 c 172 s 3 are each amended to read as follows:

      A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by RCW 12.40.050, in the small claims department. A filing fee of ((ten)) fourteen dollars plus any surcharge authorized by RCW 7.75.035 shall be paid when the claim is filed. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of fourteen dollars plus any surcharge authorized by RCW 7.75.035.

      Sec. 15. RCW 26.12.240 and 1993 c 435 s 2 are each amended to read as follows:

      A county may create a courthouse facilitator program to provide basic services to pro se litigants in family law cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to ((ten)) twenty dollars on only those superior court cases filed under Title 26 RCW, or both, to pay for the expenses of the courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section.

      Sec. 16. RCW 27.24.070 and 1992 c 54 s 6 are each amended to read as follows:

      In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional law library fund a sum equal to ((twelve)) seventeen dollars for every new probate or civil filing fee, including appeals and for every fee for filing a counterclaim, cross- claim, or third-party claim in any civil action, collected by the clerk of the superior court and ((six)) seven dollars for every fee collected for the commencement of a civil action and for the filing of a counterclaim, cross-claim, or third-party claim in any civil action in district court for the support of the law library in that county or the regional law library to which the county belongs: PROVIDED, That upon a showing of need the ((twelve)) seventeen dollar contribution may be increased up to ((fifteen)) twenty dollars or in counties with multiple library sites up to thirty dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies.

      Sec. 17. RCW 36.18.012 and 2001 c 146 s 1 are each amended to read as follows:

      (1) Revenue collected under this section is subject to division with the state for deposit in the public safety and education account under RCW 36.18.025.

      (2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of ((fifteen)) twenty dollars.

      (3) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law.

      (4) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action ((eighty)) one hundred twelve dollars.

      (5) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged.

      (6) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated.

      (7) A fee of ((two)) twenty dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96A.220, if it is filed within an existing case in the same court.

      (8) A fee of thirty-five dollars must be charged for filing a petition regarding a common law lien under RCW 60.70.060.

      (9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five dollars must be charged.

      (10) For the filing of a tax warrant for unpaid taxes or overpayment of benefits by any agency of the state of Washington, a fee of five dollars on or after July 22, 2001, and for the filing of such a tax warrant or overpayment of benefits on or after July 1, 2003, a fee of twenty dollars, of which forty-six percent of the first five dollars is directed to the public safety and education account established under RCW 43.08.250.

      Sec. 18. RCW 36.18.016 and 2002 c 338 s 2 are each amended to read as follows:

      (1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.

      (2) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of ((twenty)) thirty-six dollars must be paid.

      (3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of two hundred fifty dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional one hundred twenty-five dollar fee will be required of the party demanding the increased number of jurors.

      (b) Upon conviction in criminal cases a jury demand charge of ((fifty)) one hundred twenty-five dollars for a jury of six, or ((one)) two hundred fifty dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.

      (4) For preparing((, transcribing, or certifying)) a certified copy of an instrument on file or of record in the clerk's office, ((with or without seal,)) for the first page or portion of the first page, a fee of ((two)) five dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of ((one)) two dollars for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of fifty cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc must be charged.

      (5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.

      (6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.

      (7) For filing a supplemental proceeding, a fee of twenty dollars must be charged.

      (8) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.

      (((8))) (9) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.

      (((9))) (10) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.

      (((10))) (11) For clerk's services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

      (((11))) (12) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape or other electronic storage medium.

      (((12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.))

      (13) ((For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.

      (14))) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of ((five)) twenty dollars must be charged.

      (((15))) (14) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of ((one)) two hundred ((ten)) dollars must be charged.

      (((16))) (15) A facilitator surcharge of ((ten)) up to twenty dollars must be charged as authorized under RCW 26.12.240.

      (((17))) (16) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.

      (((18))) (17) For filing a claim of frivolous lien under RCW 60.04.081, a fee of thirty-five dollars must be charged.

      (18) For preparation of a change of venue, a fee of twenty dollars must be charged by the originating court in addition to the per page charges in subsection (4) of this section.

      (19) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.

      (((19))) (20) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.

      (((20))) (21) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.

      (((21))) (22) Investment service charge and earnings under RCW 36.48.090 must be charged.

      (((22))) (23) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.

      (((23))) (24) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed two hundred twenty dollars as established by authority of local ordinance. This charge shall be used solely to offset the cost of the mandatory arbitration program.

      (((24))) (25) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.

      (26) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be charged.

      The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state's share of benefits paid to the superior court judges of the state prior to the effective date of this section, and no claim shall lie against the state for such benefits.

      Sec. 19. RCW 36.18.020 and 2000 c 9 s 1 are each amended to read as follows:

      (1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.

      (2) Clerks of superior courts shall collect the following fees for their official services:

      (a) The party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, adoption, or change of name, and any party filing a counterclaim, cross-claim, or third-party claim in any such civil action, shall pay, at the time the paper is filed, a fee of ((one)) two hundred ((ten)) dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of ((thirty)) forty-five dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The ((thirty)) forty-five dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

      (b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the paper is filed, a fee of ((one)) two hundred ((ten)) dollars.

      (c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of ((one)) two hundred ((ten)) dollars.

      (d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of ((forty-one)) fifty-three dollars.

      (e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of ((one)) two hundred ((ten)) dollars.

      (f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of ((one)) two hundred ((ten)) dollars.

      (g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of ((one)) two hundred ((ten)) dollars.

      (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of ((one)) two hundred ((ten)) dollars.

      (i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

      (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

      NEW SECTION. Sec. 20. (1) The sum of two million three hundred thousand dollars, or so much thereof as may be necessary, is appropriated from the equal justice subaccount of the public safety and education account to the office of public defense for the fiscal biennium ending June 30, 2007, solely for the purpose of criminal indigent defense assistance and enhancement in the trial courts. Of this amount, one million dollars is provided solely for a criminal indigent defense pilot program for persons charged with felony or misdemeanor offenses. The pilot program shall include the following: effective implementation of indigency screening; enhanced defense attorney practice standards; and use of investigative and expert services.

      (2) The sum of five million dollars, or so much thereof as may be necessary, is appropriated from the equal justice subaccount of the public safety and education account to the office of public defense for the fiscal biennium ending June 30, 2007, solely for the purpose of representation of parents in dependency and termination proceedings.

      (3) The sum of three million dollars, or so much thereof as may be necessary, is appropriated from the equal justice subaccount of the public safety and education account to the office of civil legal aid for the fiscal biennium ending June 30, 2007, solely for the purpose of civil legal representation of indigent persons.

      (4) The sum of two million four hundred thousand dollars is appropriated from the equal justice subaccount of the public safety and education account to the administrator for the courts for the fiscal biennium ending June 30, 2007, solely for the purposes of district court judges' and elected municipal court judges' salary contributions."

      Correct the title.

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5454.

      Senators Kline and Johnson spoke in favor of the motion.

 

MOTION

 

On motion of Senator Thibaudeau, Senator Prentice was excused.

 

MOTION

 

The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5454.

The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5454 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5454, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5454, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brandland, Brown, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40

      Voting nay: Senators Benson, Benton, Carrell, Hewitt, Honeyford, Mulliken and Parlette - 7

      Excused: Senators Deccio and McCaslin - 2

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5454, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 12:21 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 2:00 p.m.

 

AFTERNOON SESSION

 

The Senate was called to order at 2:00 p.m. by President Owen.

 

MOTION

 

At 2:01 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

EVENING SESSION

 

The Senate was called to order at 4:15 a.m. by President Owen.

 


MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

      The House had adopted the report of Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6090, and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

REPORT OF THE CONFERENCE REPORT

Engrossed Substitute Senate Bill No. 6090

April 23, 2005

 

MR. PRESIDENT:

MR. SPEAKER:

      We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 6090, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in parts I through VIII of this act, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 2005, and ending June 30, 2007, except as otherwise provided, out of the several funds of the state hereinafter named.

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

      (a) "Fiscal year 2006" or "FY 2006" means the fiscal year ending June 30, 2006.

      (b) "Fiscal year 2007" or "FY 2007" means the fiscal year ending June 30, 2007.

      (c) "FTE" means full time equivalent.

      (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

      (e) "Provided solely" means the specified amount may be spent only for the specified purpose.

      Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is unnecessary to fulfill the specified purpose shall lapse.

 

PART I

GENERAL GOVERNMENT

 

      NEW SECTION. Sec. 101. FOR THE HOUSE OF REPRESENTATIVES

General Fund--State Appropriation (FY 2006). . . . . . $30,411,000

General Fund--State Appropriation (FY 2007). . . . . . $30,900,000

                           TOTAL APPROPRIATION. . . . . . . $61,311,000

      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 2006 is provided solely for the committee on fiscal stability.

      (a) The committee on fiscal stability is created, consisting of six members as follows: Three members shall be appointed by the leader of each of the two largest caucuses of the house of representatives. The governor shall appoint an additional person to serve as the chair of the committee. The chair may vote on procedural questions, but may not vote on substantive questions concerning the research or recommendations of the committee.

      (b) The committee shall develop recommendations for specific statutory and constitutional provisions to establish or revise the following: (i) Spending limitations; (ii) tax limits; (iii) emergency reserve accounts; and (iv) tax reforms necessary to create a sustainable system of state and local finance, improve the fairness of state and local taxation, and improve the competitiveness of the state's economy.

      (c) The committee shall conduct a series of public hearings on these topics and its proposed recommendations. The hearings shall be held in locations across the state and shall be structured to encourage full participation by persons who represent a balance of perspectives and constituencies. The committee shall submit its findings and recommendations in a report to the fiscal committees of the legislature by January 1, 2006.

      (d) The committee shall use legislative facilities and staff from the office of program research. The department of revenue shall provide necessary support and information to the committee. The chair of the committee shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. All expenses of the committee, including travel, shall be paid by the house of representatives.

      (2) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the children's and family services task force established in Engrossed Substitute Senate Bill No. 5872 (family/children's department). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 102. FOR THE SENATE

General Fund--State Appropriation (FY 2006). . . . . . $23,253,000

General Fund--State Appropriation (FY 2007). . . . . . $25,368,000

                           TOTAL APPROPRIATION. . . . . . . $48,621,000

      The appropriations in this section are subject to the following conditions and limitations: $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the children's and family services task force established in Engrossed Substitute Senate Bill No. 5872 (family/children's department). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 103. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE

General Fund--State Appropriation (FY 2006). . . . . . . $2,531,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,953,000

                           TOTAL APPROPRIATION. . . . . . . . $4,484,000

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

      (1) Notwithstanding the provisions in this section, the committee may adjust the due dates for projects included on the committee's 2005-07 work plan as necessary to efficiently manage workload.

      (2)(a) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for a study of the basic health plan. Part 1 of the study shall examine the extent to which basic health plan policies and procedures promote or discourage the provision of appropriate, high-quality, cost-effective care to basic health plan enrollees. Issues to be addressed include, but are not limited to, whether (i) enrollees are encouraged to engage in wellness activities and receive preventative services; (ii) evidence-based treatment strategies are identified and promoted; (iii) enrollees are encouraged to use high-quality providers; (iv) enrollees with chronic or other high-cost conditions are identified and provided with appropriate interventions; and (v) innovative health care service delivery methods are encouraged. Part 1 of the study report shall be completed by December 2005.

      (b) Part 2 of the study shall examine the characteristics of individuals enrolled in the basic health plan, and their use of health care services, including, but not limited to, (i) enrollee longevity on the basic health plan; (ii) circumstances that led to basic health plan enrollment; (iii) how enrollees obtained health care prior to basic health plan enrollment; (iv) health care coverage of other household members; (v) service utilization patterns; and (vi) employment status and by whom basic health plan enrollees are employed. Part 2 of the study must be completed by July, 2006.

      (3) $188,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the cost of evaluating the effectiveness of the job development fund grant program required by House Bill No. 1903 (creating a job development fund). If House Bill No. 1903 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (4) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for an evaluation of the budget process used for information technology projects. The evaluation will include: Itemizing total costs for current information technology funding across state agencies; analyzing current processes by which information funding is requested and evaluated; analyzing processes used in the private sector and other states; and assessing the applicability of other practices for improving the state's funding process. A report is due in January 2006.

      (5) $125,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for a study of the current state pupil transportation funding formula. The study will evaluate the extent to which the formula captures the costs of providing pupil transportation for basic education programs. Based on the results of this evaluation, the study shall develop alternative formulas for allocating state funding to school districts for the transportation of students for basic education programs. The alternative formulas shall take into account the legislative definition of basic education programs, promote the efficient use of state and local resources, and allow local district control over the management of pupil transportation systems. In addition, the study shall include a review of the funding mechanisms used by other states and identify best practices.

      (6) Within amounts provided in this section, the committee shall conduct a review of the special education excess cost accounting methodology and expenditure reporting requirements. The committee shall work with the state auditor's office and develop a mutually acceptable work plan in conducting this review. This review may include, but is not limited to: (a) An analysis of the current special education excess cost accounting methodology and related special education expenditure reporting requirements; (b) an examination of whether opportunities exist for modifying the current excess cost accounting methodology and expenditure reporting requirements; (c) an assessment of the potential impact on school districts if the current excess cost accounting methodology and expenditure reporting requirements are modified; and (d) any findings and recommendations from the state auditor's office examination of whether school districts are appropriately and consistently applying the current excess cost methodology. The committee shall provide a report to the appropriate policy and fiscal committees of the legislature in January 2006.

      (7) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the consultant costs related to the study identified in section 505 of Engrossed Second Substitute Senate Bill No. 5763 (mental disorders treatment). If this section is not enacted by June 30, 2005, these amounts shall lapse.

      (8) $86,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to implement the provisions of Engrossed Substitute House Bill No. 1064 (government performance). If Engrossed Substitute House Bill No. 1064 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 104. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

General Fund--State Appropriation (FY 2006). . . . . . . $1,737,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,921,000

                           TOTAL APPROPRIATION. . . . . . . . $3,658,000

      NEW SECTION. Sec. 105. FOR THE OFFICE OF THE STATE ACTUARY

Department of Retirement Systems Expense Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $3,013,000

      The appropriation in this section is subject to the following conditions and limitations: By December 1, 2005, the state actuary shall conduct an actuarial analysis that quantifies, to the greatest extent permissible from available experience data, the fiscal impact of the retire-rehire program for plan 1 of the public employees' retirement system and the teachers' retirement system enacted by chapter 10, Laws of 2001 and chapter 412, Laws of 2003. In addition to the actuarial analysis, the state actuary shall present a range of legislative alternatives to the plan 1 retire-rehire program, including an actuarial analysis of the fiscal impact of proposals to increase the maximum retirement allowance beyond sixty percent of average final compensation. The analysis shall be submitted to the select committee on pension policy, the senate committee on ways and means, and the house of representatives committee on appropriations.

      NEW SECTION. Sec. 106. FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE

General Fund--State Appropriation (FY 2006). . . . . . . $7,288,000

General Fund--State Appropriation (FY 2007). . . . . . . $7,248,000

                           TOTAL APPROPRIATION. . . . . . . $14,536,000

      NEW SECTION. Sec. 107. FOR THE STATUTE LAW COMMITTEE

General Fund--State Appropriation (FY 2006). . . . . . . $4,112,000

General Fund--State Appropriation (FY 2007). . . . . . . $4,398,000

                           TOTAL APPROPRIATION. . . . . . . . $8,510,000

      NEW SECTION. Sec. 108. LEGISLATIVE AGENCIES. In order to achieve operating efficiencies within the financial resources available to the legislative branch, the executive rules committee of the house of representatives and the facilities and operations committee of the senate by joint action may transfer funds among the house of representatives, senate, joint legislative audit and review committee, legislative evaluation and accountability program committee, legislative transportation committee, office of the state actuary, joint legislative systems committee, and statute law committee.

      NEW SECTION. Sec. 109. FOR THE SUPREME COURT

General Fund--State Appropriation (FY 2006). . . . . . . $6,085,000

General Fund--State Appropriation (FY 2007). . . . . . . $6,346,000

                           TOTAL APPROPRIATION. . . . . . . $12,431,000

      NEW SECTION. Sec. 110. FOR THE LAW LIBRARY

General Fund--State Appropriation (FY 2006). . . . . . . $2,011,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,020,000

                           TOTAL APPROPRIATION. . . . . . . . $4,031,000

      NEW SECTION. Sec. 111. FOR THE COURT OF APPEALS

General Fund--State Appropriation (FY 2006). . . . . . $13,866,000

General Fund--State Appropriation (FY 2007). . . . . . $14,358,000

                           TOTAL APPROPRIATION. . . . . . . $28,224,000

      NEW SECTION. Sec. 112. FOR THE COMMISSION ON JUDICIAL CONDUCT

General Fund--State Appropriation (FY 2006). . . . . . . $1,055,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,107,000

                           TOTAL APPROPRIATION. . . . . . . . $2,162,000

      NEW SECTION. Sec. 113. FOR THE ADMINISTRATOR FOR THE COURTS


General Fund--State Appropriation (FY 2006). . . . . . $19,657,000

General Fund--State Appropriation (FY 2007). . . . . . $20,081,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50,106,000

Judicial Information Systems Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25,641,000

                           TOTAL APPROPRIATION. . . . . . $115,485,000

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

      (1) $900,000 of the general fund--state appropriation for fiscal year 2006 and $900,000 of the general fund--state appropriation for fiscal year 2007 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.

      (2) $3,000,000 of the public safety and education account appropriation is provided solely for school district petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. The office of the administrator for the courts shall develop an interagency agreement with the office of the superintendent of public instruction to allocate the funding provided in this subsection. Allocation of this money to school districts shall be based on the number of petitions filed.

      (3) $13,224,000 of the public safety and education account 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. The office of the administrator for the courts shall not retain any portion of these funds to cover administrative costs. The office of the administrator for the courts, 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.

      (4) The distributions made under subsection (3) of this section 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.

      (5) Each fiscal year during the 2005-07 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing truancy, children in need of services, and at-risk youth petitions. Counties shall submit the reports to the administrator for the courts no later than 45 days after the end of the fiscal year. The administrator for the courts shall electronically transmit this information to the chairs and ranking minority members of the house of representatives appropriations committee and the senate ways and means committee no later than 60 days after a fiscal year ends. These reports are deemed informational in nature and are not for the purpose of distributing funds.

      (6) $82,000 of the general fund--state appropriation for fiscal year 2006 and $82,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1112 (creating an additional superior court position). If the bill is not enacted by June 30, 2005, the amounts in this subsection shall lapse.

      (7) $75,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the implementation of Substitute House Bill No. 1854 (driving privilege) and Engrossed Second Substitute Senate Bill No. 5454 (court operations). If neither bill is enacted by June 30, 2005, the amount in this subsection shall lapse.

      NEW SECTION. Sec. 114. FOR THE OFFICE OF PUBLIC DEFENSE

General Fund--State Appropriation (FY 2006). . . . . . . $1,490,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,078,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,175,000

                           TOTAL APPROPRIATION. . . . . . . $16,743,000

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

      (1) $800,000 of the general fund--state appropriation for fiscal year 2006 and $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to expand the parent representation project in dependency and termination cases.

      (2) Amounts provided from the public safety and education account appropriation in this section include funding for investigative services in death penalty personal restraint petitions.

      (3) Within amounts appropriated in this section and in Engrossed Second Substitute Senate Bill No. 5454, the office may, at its discretion, implement Second Substitute House Bill No. 1542 (indigent defense services).

      NEW SECTION. Sec. 115. FOR THE OFFICE OF CIVIL LEGAL AID

General Fund--State Appropriation (FY 2006). . . . . . . $2,883,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,832,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,705,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $2,987,000

                           TOTAL APPROPRIATION. . . . . . . $13,407,000

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

      (1) $2,783,000 of the general fund--state appropriation for fiscal year 2006, $2,732,000 of the general fund--state appropriation for fiscal year 2007, $4,705,000 of the public safety and education account--state appropriation, and $2,987,000 of the violence reduction and drug enforcement account--state appropriation are contingent upon enactment of Substitute House Bill No. 1747 (civil legal services). If the bill is not enacted by June 30, 2005, these appropriations shall be made to the department of community, trade, and economic development and are provided solely for the purpose of civil legal services.

      (2) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are contingent upon enactment of Substitute House Bill No. 1747 (civil legal services). If the bill is not enacted by June 30, 2005, the appropriation shall be made to the department of community, trade, and economic development and is provided solely for a general farm organization with members in every county of the state to develop and administer an alternative dispute resolution system for disputes between farmers and farm workers.

      NEW SECTION. Sec. 116. FOR THE OFFICE OF THE GOVERNOR

General Fund--State Appropriation (FY 2006). . . . . . . $5,600,000

General Fund--State Appropriation (FY 2007). . . . . . . $5,279,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,364,000

Oil Spill Prevention Account Appropriation. . . . . . . . . . .$508,000

Water Quality Account--State Appropriation. . . . . . . . .$4,184,000

                           TOTAL APPROPRIATION. . . . . . . $16,935,000

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


      (1) $4,112,000 of the water quality account appropriation and $1,150,000 of the general fund--federal appropriation are provided solely for the Puget Sound water quality action team to implement the Puget Sound conservation and recovery plan action items PSAT-01 through PSAT-06.

      (2) $200,000 of the general fund--state appropriation for fiscal year 2006, $200,000 of the general fund--state appropriation for fiscal year 2007, and $200,000 of the general fund--federal appropriation are provided solely for one-time corrective actions to address Hood canal's dissolved oxygen problems, the Puget Sound conservation and recovery plan action item PSAT-07.

      (3) As described in section 129(7) of this act, the Puget Sound water quality action team shall make recommendations and report on monitoring activities related to salmon recovery.

      (4) $250,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1152 (early learning council). If House Bill No. 1152 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (5) For the governor's funding request pursuant to RCW 74.39A.300 to be submitted to the legislature by December 20, 2006, it is the intent of the legislature to consider a fringe benefits funding request that provides health care benefits substantially equivalent in cost to those available to individual providers pursuant to chapter 25, Laws of 2003 1st sp. sess.

      (6) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Engrossed Substitute House Bill No. 2097 (management program for Hood Canal). If Engrossed Substitute House Bill No. 2097 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (7) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a review of ocean policy issues in cooperation with individuals with appropriate expertise and the departments of ecology, fish and wildlife, and natural resources. By December 31, 2005, the governor's office shall identify the recommendations of the U.S. commission on ocean policy appropriate for immediate implementation. By December 31, 2006, the governor's office shall provide a report: (a) Summarizing the condition of the state's ocean resources and their contribution to the state's character, quality of life, and economic viability; (b) recommending improvements in coordination among state agencies and other jurisdictions; (c) recommending measures to protect and manage ocean resources; (d) recommending measures to finance ocean protection, management, and development programs; and (e) recommending legislation regarding ocean resources or policy.

      (8) $508,000 of the oil spill prevention account appropriation is provided solely for the oil spill advisory council established in Engrossed Substitute Senate Bill No. 5432 (oil spill oversight council). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 117. FOR THE LIEUTENANT GOVERNOR

General Fund--State Appropriation (FY 2006). . . . . . . . .$752,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$766,000

General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . $1,000

                           TOTAL APPROPRIATION. . . . . . . . $1,519,000

      NEW SECTION. Sec. 118. FOR THE PUBLIC DISCLOSURE COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . $1,989,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,009,000

                           TOTAL APPROPRIATION. . . . . . . . $3,998,000

      NEW SECTION. Sec. 119. FOR THE SECRETARY OF STATE

General Fund--State Appropriation (FY 2006). . . . . . $19,102,000

General Fund--State Appropriation (FY 2007). . . . . . $17,323,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $7,092,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $125,000

Archives and Records Management Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,127,000

Department of Personnel Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$719,000

Local Government Archives Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$12,138,000

Election Account--Federal Appropriation. . . . . . . . . . $47,009,000

                           TOTAL APPROPRIATION. . . . . . $111,635,000

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

      (1) $2,296,000 of the general fund--state appropriation for fiscal year 2006 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) $1,999,000 of the general fund--state appropriation for fiscal year 2006 and $2,403,000 of the general fund--state appropriation for fiscal year 2007 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 2006 and $118,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for legal advertising of state measures under RCW 29.27.072.

      (4)(a) $2,028,004 of the general fund--state appropriation for fiscal year 2006 and $2,063,772 of the general fund--state appropriation for fiscal year 2007 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 2005-07 biennium. The funding level for each year of the contract shall be based on the amount provided in this subsection. 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 contract with the nonprofit organization to provide public affairs coverage.

      (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) $196,000 of the general fund--state appropriation for fiscal year 2006 and $173,000 of the general fund--state appropriation for fiscal year 2007 are provided for the implementation of House Bill No. 1749 (county election procedures). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 120. FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS

General Fund--State Appropriation (FY 2006). . . . . . . . .$277,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$289,000

                           TOTAL APPROPRIATION. . . . . . . . . .$566,000

      The appropriations in this section are subject to the following conditions and limitations: The office shall assist the department of personnel on providing the government-to-government training sessions for federal, state, local, and tribal government employees. The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session. The department of personnel shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.

      NEW SECTION. Sec. 121. FOR THE COMMISSION ON ASIAN-PACIFIC- AMERICAN AFFAIRS

General Fund--State Appropriation (FY 2006). . . . . . . . .$235,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$238,000

                           TOTAL APPROPRIATION. . . . . . . . . .$473,000

      NEW SECTION. Sec. 122. FOR THE STATE TREASURER

State Treasurer's Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$14,124,000

      NEW SECTION. Sec. 123. FOR THE STATE AUDITOR

General Fund--State Appropriation (FY 2006). . . . . . . $1,884,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,441,000

State Auditing Services Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,952,000

                           TOTAL APPROPRIATION. . . . . . . $18,277,000

      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) $731,000 of the general fund--state appropriation for fiscal year 2006 and $727,000 of the general fund--state appropriation for fiscal year 2007 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) The office shall report to the office of financial management and the appropriate fiscal committees of the legislature detailed information on risk-based auditing, its theory, and its application for the audits performed on Washington state government. The report shall include an explanation of how the office identifies, measures, and prioritizes risk, the manner in which the office uses these factors in the planning and execution of the audits of Washington state government, and the methods and procedures used in the conduct of the risk-based audits themselves. The report is due no later than December 1, 2005.

      (4) $1,130,000 of the general fund--state appropriation for fiscal year 2006, $1,695,000 of the general fund--state appropriation for fiscal year 2007, and $2,000 of the state auditing services revolving account--state appropriation for fiscal year 2006 are provided solely for the implementation of Engrossed Substitute House Bill No. 1064 (government performance). If Engrossed Substitute House Bill No. 1064 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (5) $16,000 of the general fund--state appropriation for fiscal year 2006 is provided for a review of special education excess cost accounting and reporting requirements. The state auditor's office shall coordinate this work with the joint legislative audit and review committee's review of the special education excess cost accounting methodology and expenditure reporting requirements. The state auditor's review shall include an examination of whether school districts are (a) appropriately implementing the excess cost accounting methodology; (b) consistently charging special education expenses to the special education and basic education programs; (c) appropriately determining the percentage of expenditures that should be charged to the special education and basic education programs; and (d) appropriately and consistently reporting special education expenditures. The results of this review will be included in the joint legislative audit and review committee's report issued in January 2006.

      NEW SECTION. Sec. 124. FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS

General Fund--State Appropriation (FY 2006). . . . . . . . .$137,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$206,000

                           TOTAL APPROPRIATION. . . . . . . . . .$343,000

      NEW SECTION. Sec. 125. FOR THE ATTORNEY GENERAL

General Fund--State Appropriation (FY 2006). . . . . . . $5,223,000

General Fund--State Appropriation (FY 2007). . . . . . . $5,156,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $2,973,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,303,000

New Motor Vehicle Arbitration Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,313,000

Legal Services Revolving Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185,970,000

Tobacco Prevention and Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$270,000

                           TOTAL APPROPRIATION. . . . . . $203,208,000

      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) 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.

      NEW SECTION. Sec. 126. FOR THE CASELOAD FORECAST COUNCIL

General Fund--State Appropriation (FY 2006). . . . . . . . .$719,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$714,000

                           TOTAL APPROPRIATION. . . . . . . . $1,433,000

      NEW SECTION. Sec. 127. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

General Fund--State Appropriation (FY 2006). . . . . . $66,123,000

General Fund--State Appropriation (FY 2007). . . . . . $67,151,000


General Fund--Federal Appropriation. . . . . . . . . . . . $246,886,000

General Fund--Private/Local Appropriation. . . . . . . . .$12,229,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,439,000

Public Works Assistance Account--State Appropriation$3,395,000

Tourism Development and Promotion Account

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000

Drinking Water Assistance Administrative Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$213,000

Lead Paint Account--State Appropriation. . . . . . . . . . . . . . .$6,000

Building Code Council Account--State Appropriation$1,130,000

Administrative Contingency Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,808,000

Low-Income Weatherization Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,362,000

Violence Reduction and Drug Enforcement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,231,000

Manufactured Home Installation Training Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$240,000

Community and Economic Development Fee Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,570,000

Washington Housing Trust Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$19,009,000

Homeless Families Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000

Public Facility Construction Loan Revolving

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$614,000

                           TOTAL APPROPRIATION. . . . . . $442,006,000

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

      (1) $2,838,000 of the general fund--state appropriation for fiscal year 2006 and $2,838,000 of the general fund--state appropriation for fiscal year 2007 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.

      (2) $5,902,000 of the general fund--federal appropriation is provided solely for the justice assistance grant program, to be distributed in state fiscal year 2006 as follows:

      (a) $2,064,000 to local units of government to continue multijurisdictional narcotics task forces;

      (b) $330,000 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;

      (c) $675,000 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;

      (d) $20,000 to the department for tribal law enforcement;

      (e) $345,000 to the department to continue domestic violence legal advocacy;

      (f) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;

      (g) $351,000 to the department of social and health services, division of alcohol and substance abuse, for juvenile drug courts in eastern and western Washington;

      (h) $626,000 to the department of social and health services to continue youth violence prevention and intervention projects;

      (i) $97,000 to the department to continue evaluation of this grant program;

      (j) $290,000 to the office of financial management for criminal history records improvement;

      (k) $580,000 to the department for required grant administration, monitoring, and reporting on justice assistance grant programs; and

      (l) $464,000 to the department for distribution to small municipalities.

      These amounts represent the maximum justice assistance grant expenditure authority for each program. No program may expend justice assistance 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 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 justice assistance grant funds.

      (3) $170,000 of the general fund--state appropriation for fiscal year 2006 and $170,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to fund domestic violence legal advocacy, in recognition of reduced federal grant funding.

      (4) $28,848,000 of the general fund--state appropriation for fiscal year 2006 and $29,941,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for providing early childhood education assistance. Of these amounts, $1,497,000 in each fiscal year is provided solely to increase the number of children receiving education, and $1,052,000 in fiscal year 2006 and $2,146,000 in fiscal year 2007 are provided solely for a targeted vendor rate increase.

      (5) 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.

      (6) $1,288,000 of the Washington housing trust account--state appropriation is provided solely to implement Engrossed House Bill No. 1074. If the bill is not enacted by June 30, 2005, the amounts in this subsection shall lapse.

      (7) $725,000 of the general fund--state appropriation for fiscal year 2006 and $725,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for food banks to obtain and distribute additional nutritious food; and purchase equipment to transport and store perishable products.

      (8) $500,000 of the general fund--state appropriation for fiscal year 2006 and $500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the community services block grant program to help meet current service demands that exceed available community action resources.

      (9) $215,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for matching funds for a federal economic development administration grant awarded to the city of Kent to conduct a feasibility study and economic analysis for the establishment of a center for advanced manufacturing.

      (10) $20,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the department to compile a report on housing stock in Washington state to identify areas of potentially high risk for child lead exposure. This report shall include an analysis of existing data regarding the ages of housing stock in specific regions and an analysis of data regarding actual lead poisoning cases, which shall be provided by the department of health's childhood lead poisoning surveillance program.

      (11) $150,000 of general fund--state appropriation for fiscal year 2006 is provided solely for the Cascade land conservancy to develop and implement a plan for regional conservation within King, Kittitas, Pierce, and Snohomish counties.

      (12) $50,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the support, including safety and security costs, of the America's freedom salute to be held in the Vancouver, Washington area.

      (13) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to Snohomish county for a law enforcement and treatment methamphetamine pilot program. $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to the Pierce county alliance's methamphetamine family services treatment program and safe streets of Tacoma's methamphetamine prevention service.

      (14) $50,000 of the general fund--state appropriation is provided solely for one pilot project to promote the study and implementation of safe neighborhoods through community planning.

      (15) $287,000 of the general fund--state appropriation for fiscal year 2006 and $288,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for Walla Walla community college to establish the water and environmental studies center to provide workforce education and training, encourage innovative approaches and practices that address environmental and cultural issues, and facilitate the Walla Walla watershed alliance role in promoting communication leading to cooperative conservation efforts that effectively address urban and rural water and environmental issues.

      (16) $50,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for work with the northwest food processors association on the food processing cluster development project.

      (17) $200,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the northwest agriculture incubator project, which will support small farms in economic development.

      (18) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to the department of community, trade, and economic development as the final appropriation for the youth assessment center in Pierce county for activities dedicated to reducing the rate of incarceration of juvenile offenders.

      (19) $235,000 of the general fund--state appropriation for fiscal year 2006 and $235,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the small business incubator program. $250,000 must be distributed as grants and must be matched by an equal amount of private funds.

      (20) The department shall coordinate any efforts geared towards the 2010 Olympics with the regional effort being conducted by the Pacific northwest economic region, a statutory committee.

      (21) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for HistoryLink to expand its free, noncommercial online encyclopedia service on state and local history.

      (22) $25,000 of the general fund--state appropriation for fiscal year 2006 and $25,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for Women's Hearth, a nonprofit program serving the Spokane area's homeless and low-income women.

      NEW SECTION. Sec. 128. FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL

General Fund--State Appropriation (FY 2006). . . . . . . . .$573,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$517,000

                           TOTAL APPROPRIATION. . . . . . . . $1,090,000

      NEW SECTION. Sec. 129. FOR THE OFFICE OF FINANCIAL MANAGEMENT

General Fund--State Appropriation (FY 2006). . . . . . $16,993,000

General Fund--State Appropriation (FY 2007). . . . . . $16,050,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $23,550,000

Public Works Assistance Account--State Appropriation. .$200,000

Violence Reduction and Drug Enforcement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$246,000

State Auditing Services Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25,000

                           TOTAL APPROPRIATION. . . . . . . $57,064,000

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

      (1) $200,000 of the public works assistance account appropriation is provided solely for an inventory and evaluation of the most effective way to organize the state public infrastructure programs and funds. The inventory and evaluation shall be delivered to the governor and the appropriate committees of the legislature by September 1, 2005.

      (2)(a) $182,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for an advisory council to study residential services for persons with developmental disabilities. The study shall identify a preferred system of services and a plan to implement the system within four years. Recommendations shall be provided on the services that best address client needs in different regions of the state and on the preferred system by January 1, 2006. The office of financial management may contract for specialized services to complete the study.

      (b) The advisory council shall consist of thirteen members. Members appointed by the governor, include one representative from each of the governor's office or the office of financial management, the department of social and health services, the Washington state disabilities council, two labor organizations, the community residential care providers, residents of residential habilitation centers, individuals served by community residential programs, and individuals with developmental disabilities who reside or resided in residential habilitation centers. The advisory council shall also include two members of the house of representatives appointed by the speaker of the house of representatives representing the majority and minority caucuses and two members of the senate appointed by the president of the senate representing the majority and minority caucuses. Legislative members of the advisory group shall be reimbursed in accordance with RCW 44.04.120, and nonlegislative members in accordance with RCW 43.03.050 and 44.04.120. Staff support shall be provided by the department of social and health services, the developmental disabilities council, the office of financial management, the house of representatives office of program research, and senate committee services.

      (3) $1,041,000 of the general fund--state appropriation for fiscal year 2006 and $706,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5441 (studying early learning, K-12, and higher education). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.


      (4) $200,000 of the general fund--state appropriation for fiscal year 2006 is provided to the office of regulatory assistance and is subject to the following conditions and limitations:

      (a) This amount is provided solely for the enhanced planning and permit pilot program; and

      (b) Regulatory assistance is to select two local government planning and permitting offices to participate in an enhanced permit assistance pilot program. Such enhancement may include, but is not limited to:

      (i) Creation of local and state interagency planning and permit review teams;

      (ii) Use of advanced online planning and permit applications;

      (iii) Using loaned executives; and

      (iv) Additional technical assistance and guidance for permit applicants.

      (5) $303,000 of the general fund--state appropriation for fiscal year 2006 and $255,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Second Substitute House Bill No. 1970 (government management). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (6) $200,000 of the general fund--state appropriation for fiscal year 2006 and $200,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Substitute Engrossed House Bill No. 1242 (budgeting outcomes and priorities). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (7) The department of ecology, the department of fish and wildlife, the department of natural resources, the conservation commission, and the interagency committee for outdoor recreation shall make recommendations to improve or eliminate monitoring activities related to salmon recovery and watershed health. The agencies shall coordinate with the governor's forum on monitoring and watershed health and consult with the office of financial management in determining the scope and contents of the report.

      The agencies shall prepare a report detailing all new activity and updating all previously identified activity within the comprehensive monitoring strategy. The report shall identify the monitoring activity being performed and include: The purpose of the monitoring activity, when the activity started, who uses the information, how often it is accessed, what costs are incurred by fund, what frequency is used to collect data, what geographic location is used to collect data, where the information is stored, and what is the current status and cost by fund source of the data storage systems.

      The agencies shall provide a status report summarizing progress to the governor's forum on monitoring and watershed health and the office of financial management by March 1, 2006. A final report to the governor's monitoring forum, the office of financial management, and the appropriate legislative fiscal committees shall be submitted no later than September 1, 2006.

      NEW SECTION. Sec. 130. FOR THE OFFICE OF ADMINISTRATIVE HEARINGS

Administrative Hearings Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$29,490,000

      The appropriation in this section is subject to the following conditions and limitations: $103,000 of the administrative hearing revolving account--state appropriation is provided solely to determine, in collaboration with other state agencies, the best mechanism of digital recording for the office of administrative hearings, the manner of conversion from tape recording to digital recording, and the purchase of digital recording devices.

      NEW SECTION. Sec. 131. FOR THE DEPARTMENT OF PERSONNEL

Department of Personnel Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20,323,000

Higher Education Personnel Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,634,000

                           TOTAL APPROPRIATION. . . . . . . $21,957,000

      The appropriations in this section are subject to the following conditions and limitations: The department shall coordinate with the governor's office of Indian affairs on providing the government-to-government training sessions for federal, state, local, and tribal government employees. The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session. The department shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.

      NEW SECTION. Sec. 132. FOR THE WASHINGTON STATE LOTTERY

Lottery Administrative Account--State Appropriation.$24,087,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section may not be expended by the Washington state lottery for any purpose associated with a lottery game offered through any interactive electronic device, including the internet.

      NEW SECTION. Sec. 133. FOR THE COMMISSION ON HISPANIC AFFAIRS

General Fund--State Appropriation (FY 2006). . . . . . . . .$238,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$247,000

                           TOTAL APPROPRIATION. . . . . . . . . .$485,000

      NEW SECTION. Sec. 134. FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS

General Fund--State Appropriation (FY 2006). . . . . . . . .$237,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$240,000

                           TOTAL APPROPRIATION. . . . . . . . . .$477,000

      NEW SECTION. Sec. 135. FOR THE PERSONNEL APPEALS BOARD

Department of Personnel Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,043,000

      NEW SECTION. Sec. 136. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS

Dependent Care Administrative Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$416,000

Department of Retirement Systems Expense Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $45,056,000

                           TOTAL APPROPRIATION. . . . . . . $45,472,000

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

      (1) $13,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1327, chapter 65, Laws of 2005 (purchasing service credit).

      (2) $10,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1269, chapter 21, Laws of 2005 (law enforcement officers' and fire fighters' retirement system plan 2 service credit purchase).

      (3) $55,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1270 (law enforcement officers' and fire fighters' retirement system plan 2 postretirement employment). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (4) $26,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1319, chapter 62, Laws of 2005 (law enforcement officers' and fire fighters' retirement system plan 1 ex-spouse benefits).

      (5) $46,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1325, chapter 64, Laws of 2005 (military service credit purchase).

      (6) $79,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1329, chapter 67, Laws of 2005 (law enforcement officers' and fire fighters' retirement system plan 1 reduced survivor benefit).

      (7) $56,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1936 (emergency medical technician membership in law enforcement officers' and fire fighters' retirement system plan 2 service). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (8) $16,000 of the department of retirement systems expense account is provided solely to implement Senate Bill No. 5522 (purchasing service credit lost due to injury). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 137. FOR THE STATE INVESTMENT BOARD

State Investment Board Expense Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,020,000

      NEW SECTION. Sec. 138. FOR THE DEPARTMENT OF REVENUE

General Fund--State Appropriation (FY 2006). . . . . . $90,065,000

General Fund--State Appropriation (FY 2007). . . . . . $91,207,000

Timber Tax Distribution Account--State Appropriation$5,609,000

Waste Reduction/Recycling/Litter Control--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$108,000

State Toxics Control Account--State Appropriation. . . . . . $73,000

Oil Spill Prevention Account--State Appropriation. . . . . . $14,000

                           TOTAL APPROPRIATION. . . . . . $187,076,000

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

      (1) $113,000 of the general fund--state appropriation for fiscal year 2006, and $93,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1315 (modifying disclosure requirements for the purposes of the real estate excise tax). If House Bill No. 1315 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (2) $7,000 of the general fund--state appropriation for fiscal year 2006 and $2,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute Senate Bill No. 5101 (renewable energy). If Substitute Senate Bill No. 5101 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (3) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the implementation of Engrossed House Bill No. 1241 (modifying vehicle licensing and registration penalties). If Engrossed House Bill No. 1241 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (4) $1,390,000 of the general fund--state appropriation for fiscal year 2006, and $1,240,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the department to employ strategies to enhance current revenue enforcement activities.

      NEW SECTION. Sec. 139. FOR THE BOARD OF TAX APPEALS

General Fund--State Appropriation (FY 2006). . . . . . . $1,362,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,211,000

                           TOTAL APPROPRIATION. . . . . . . . $2,573,000

      NEW SECTION. Sec. 140. FOR THE MUNICIPAL RESEARCH COUNCIL

County Research Services Account--State Appropriation.$787,000

City and Town Research Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,134,000

                           TOTAL APPROPRIATION. . . . . . . . $4,921,000

      NEW SECTION. Sec. 141. FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

OMWBE Enterprises Account--State Appropriation. . .$3,186,000

      The appropriation in this section is subject to the following conditions and limitations: $180,000 of the OMWBE enterprises account appropriation is provided solely for management of private sector grants and coordination of support services to small businesses in the state. It is the intent of the legislature that this amount be funded from new grant revenues and business fees.

      NEW SECTION. Sec. 142. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

General Fund--State Appropriation (FY 2006). . . . . . . . .$321,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$233,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $3,640,000

General Administration Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$32,045,000

                           TOTAL APPROPRIATION. . . . . . . $36,239,000

      The appropriations in this section are subject to the following conditions and limitations: $75,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the implementation of House Bill No. 1830 (alternative public works). If Engrossed Substitute House Bill No. 1830 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 143. FOR THE DEPARTMENT OF INFORMATION SERVICES

Data Processing Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,612,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$684,000

                           TOTAL APPROPRIATION. . . . . . . . $4,296,000

      NEW SECTION. Sec. 144. FOR THE INSURANCE COMMISSIONER

General Fund--Federal Appropriation. . . . . . . . . . . . . . . .$673,000

Insurance Commissioners Regulatory Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$40,253,000

                           TOTAL APPROPRIATION. . . . . . . $40,926,000

      NEW SECTION. Sec. 145. FOR THE BOARD OF ACCOUNTANCY

Certified Public Accountants' Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,962,000

      NEW SECTION. Sec. 146. FOR THE FORENSIC INVESTIGATION COUNCIL

Death Investigations Account--State Appropriation. . . . .$282,000

      The appropriation in this section is subject to the following conditions and limitations: $250,000 of the death investigation account appropriation is provided solely for providing financial assistance to local jurisdictions in multiple death investigations. The forensic investigation council shall develop criteria for awarding these funds for multiple death investigations involving an unanticipated, extraordinary, and catastrophic event or those involving multiple jurisdictions.

      NEW SECTION. Sec. 147. FOR THE HORSE RACING COMMISSION

Horse Racing Commission Operating Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,009,000

      NEW SECTION. Sec. 148. FOR THE LIQUOR CONTROL BOARD

General Fund--State Appropriation (FY 2006). . . . . . . $1,739,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,706,000

Liquor Control Board Construction and Maintenance

      Account--State Appropriation. . . . . . . . . . . . . . . . $12,832,000

Liquor Revolving Account--State Appropriation. . . .$154,080,000

                           TOTAL APPROPRIATION. . . . . . $170,357,000

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

      (1) As authorized under RCW 66.16.010, the liquor control board shall add an equivalent surcharge of $0.42 per liter on all retail sales of spirits, excluding licensee, military and tribal sales, effective no later than July 1, 2005. The intent of this surcharge is to generate additional revenues for the state general fund in the 2005-07 biennium.

      (2) $154,000 of the liquor revolving account--state appropriation is provided solely for the lease of state vehicles from the department of general administration's motor pool.

      (3) $2,228,000 of the liquor revolving account--state appropriation is provided solely for costs associated with the installation of a wide area network that connects all of the state liquor stores and the liquor control board headquarters.

      (4) $186,000 of the liquor revolving account--state appropriation is provided solely for an alcohol education staff coordinator and associated alcohol educational resources targeted toward middle school and high school students.

      (5) $2,261,000 of the liquor revolving account--state appropriation is provided solely for replacement of essential computer equipment, improvement of security measures, and improvement to the core information technology infrastructure.

      (6) $2,800,000 of the liquor control board construction and maintenance account--state appropriation is provided solely for the certificate of participation to fund the expansion of the liquor distribution center.

      (7) $3,233,000 of the liquor revolving account--state appropriation is provided solely for upgrades to material handling system and warehouse management system software and equipment, and associated staff to increase the liquor distribution center's shipping capacity.

      (8) $2,746,000 of the liquor revolving account--state appropriation is provided solely for additional state liquor store and retail business analysis staff. The additional liquor store staff will be deployed to those stores with the greatest potential for increased customer satisfaction and revenue growth. The liquor control board, using the new retail business analysis staff and, if needed, an independent consultant, will analyze the impact of additional staff on customer satisfaction and revenue growth and make recommendations that will increase the effectiveness and efficiency of all the liquor control board's retail-related activities. Using best practices and benchmarks from comparable retail organizations, the analysis will evaluate and make recommendations, at a minimum, on the following issues: Optimal staffing levels and store locations and numbers of stores (both state liquor stores and contract liquor stores); options for an improved retail organizational structure; strategies to increase the retail decision-making capacity; and resources required for enhanced internal organizational support of the retail activities. In support of this evaluation, a survey shall be employed to gauge customer satisfaction with state and contract liquor store services. A written evaluation with recommendations shall be submitted to the governor and the legislative fiscal committees by October 1, 2006.

      (9) $187,000 of the general fund--state appropriation for fiscal year 2006 and $122,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Senate Bill No. 6097 (tobacco products enforcement). If Senate Bill No. 6097 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (10) $1,435,000 of the liquor revolving account--state appropriation is provided solely for the implementation of Substitute House Bill No. 1379 (liquor retail plan). If Substitute House Bill No. 1379 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 149. FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Public Service Revolving Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$28,436,000

Pipeline Safety Account--State Appropriation. . . . . . . .$2,877,000

Pipeline Safety Account--Federal Appropriation. . . . . .$1,535,000

                           TOTAL APPROPRIATION. . . . . . . $32,848,000

      NEW SECTION. Sec. 150. FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS

Volunteer Firefighters' and Reserve Officers'

      Administrative Account--State Appropriation. . . . . . $768,000

      NEW SECTION. Sec. 151. FOR THE MILITARY DEPARTMENT

General Fund--State Appropriation (FY 2006). . . . . . $10,084,000

General Fund--State Appropriation (FY 2007). . . . . . . $9,362,000

General Fund--Federal Appropriation. . . . . . . . . . . . $165,970,000

General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . $2,000

Enhanced 911 Account--State Appropriation. . . . . . . .$34,766,000

Disaster Response Account--State Appropriation. . . . . $2,277,000

Disaster Response Account--Federal Appropriation. . $11,008,000

Worker and Community Right-to-Know Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$314,000

Nisqually Earthquake Account--State Appropriation. . .$6,713,000

Nisqually Earthquake Account--Federal Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$29,127,000

Military Department Rental and Lease Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$378,000

                           TOTAL APPROPRIATION. . . . . . $270,001,000

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

      (1) $2,277,000 of the disaster response account--state appropriation and $11,008,000 of the disaster response account--federal appropriation may be spent only on disasters declared by the governor and with the approval of the office of financial management. The military department shall 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 2005-07 biennium based on current revenue and expenditure patterns.

      (2) $6,713,000 of the Nisqually earthquake account--state appropriation and $29,127,000 of the Nisqually earthquake account--federal appropriation are provided solely for response and recovery costs associated with the February 28, 2001, earthquake. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing earthquake recovery 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 (e) estimates of future payments by biennium. This information shall be displayed by fund, by type of assistance, and by amount paid on behalf of state agencies or local organizations. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the Nisqually earthquake 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 2005-07 biennium based on current revenue and expenditure patterns.

      (3) $127,586,000 of the general fund--federal appropriation is provided solely for homeland security, subject to the following conditions:

      (a) Any communications equipment purchased by local jurisdictions or state agencies shall be consistent with standards set by the Washington state interoperability executive committee;

      (b) This amount shall not be allotted until a spending plan is reviewed by the governor's domestic security advisory group and approved by the office of financial management;

      (c) The department shall submit a quarterly report to the office of financial management and the legislative fiscal committees detailing the governor's domestic security advisory group recommendations; homeland security revenues and expenditures, including estimates of total federal funding for the state; incremental changes from the previous estimate, planned and actual homeland security expenditures by the state and local governments with this federal funding; and matching or accompanying state or local expenditures; and

      (d) The department shall submit a report by December 1st of each year to the office of financial management and the legislative fiscal committees detailing homeland security revenues and expenditures for the previous fiscal year by county and legislative district.

      (4) $867,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the Cowlitz county 911 communications center for the purpose of purchasing or reimbursing the purchase of interoperable radio communication technology to improve disaster response in the Mount St. Helens area.

      (5) No funds from sources other than fees from voice over internet protocol (VOIP) providers may be used to implement technologies specific to the integration of VOIP 911 with E-911. The military department, in conjunction with the department of revenue, shall propose methods for assuring the collection of an appropriate enhanced 911 excise tax from VOIP 911 providers and shall report their recommendations to the legislature by November 1, 2005.

      NEW SECTION. Sec. 152. FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . $2,776,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,824,000

Department of Personnel Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,945,000

                           TOTAL APPROPRIATION. . . . . . . . $8,545,000

      NEW SECTION. Sec. 153. FOR THE GROWTH PLANNING HEARINGS BOARD

General Fund--State Appropriation (FY 2006). . . . . . . $1,571,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,587,000

                           TOTAL APPROPRIATION. . . . . . . . $3,158,000

      The appropriations in this section are subject to the following conditions and limitations: $9,000 of the general fund--state appropriation for fiscal year 2006 and $9,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Western Board to relocate. If the Western Board does not relocate by June 30, 2006, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 154. FOR THE STATE CONVENTION AND TRADE CENTER

State Convention and Trade Center Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30,512,000

State Convention and Trade Center Operating

      Account--State Appropriation. . . . . . . . . . . . . . . . $46,470,000

                           TOTAL APPROPRIATION. . . . . . . $76,982,000

      NEW SECTION. Sec. 155. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

General Fund--State Appropriation (FY 2006). . . . . . . . .$550,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$549,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,446,000

General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . $14,000

                           TOTAL APPROPRIATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,559,000

 

(End of part)

 

PART II

HUMAN SERVICES

 

      NEW SECTION. Sec. 201. 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.

      (2) The department of social and health services shall not initiate any services that 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) The department is authorized to develop an integrated health care program designed to slow the progression of illness and disability and better manage Medicaid expenditures for the aged and disabled population. Under this Washington medicaid integration partnership (WMIP) the department may combine and transfer such Medicaid funds appropriated under sections 204, 206, 208, and 209 of this act as may be necessary to finance a unified health care plan for the WMIP program enrollment. The WMIP pilot projects shall not exceed a daily enrollment of 6,000 persons during the 2005-2007 biennium. The amount of funding assigned to the pilot projects from each program may not exceed the average per capita cost assumed in this act for individuals covered by that program, actuarially adjusted for the health condition of persons enrolled in the pilot, times the number of clients enrolled in the pilot. In implementing the WMIP pilot projects, the department may: (a) Withhold from calculations of "available resources" as set forth in RCW 71.24.025 a sum equal to the capitated rate for individuals enrolled in the pilots; and (b) employ capitation financing and risk-sharing arrangements in collaboration with health care service contractors licensed by the office of the insurance commissioner and qualified to participate in both the medicaid and medicare programs. The department shall conduct an evaluation of the WMIP, measuring changes in participant health outcomes, changes in patterns of service utilization, participant satisfaction, participant access to services, and the state fiscal impact.

      (4) In accordance with RCW 74.39A.300, the appropriations to the department of social and health services in this act are sufficient to implement the compensation and fringe benefits of the collective bargaining agreement reached between the governor and the exclusive bargaining representative of individual providers of home care services.

      NEW SECTION. Sec. 202. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM

General Fund--State Appropriation (FY 2006). . . . . $251,005,000

General Fund--State Appropriation (FY 2007). . . . . $266,350,000

General Fund--Federal Appropriation. . . . . . . . . . . . $421,401,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $400,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,754,000

Violence Reduction and Drug Enforcement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,510,000

                           TOTAL APPROPRIATION. . . . . . $951,420,000


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

      (1) $2,271,000 of the general fund--state appropriation for fiscal year 2006, $2,271,000 of the general fund--state appropriation for fiscal year 2007, and $1,584,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."

      (2) $701,000 of the general fund--state appropriation for fiscal year 2006 and $701,000 of the general fund--state appropriation for fiscal year 2007 are provided solely 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) $375,000 of the general fund--state appropriation for fiscal year 2006, $375,000 of the general fund--state appropriation for fiscal year 2007, and $322,000 of the general fund--federal appropriation are provided solely 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) $125,000 of the general fund--state appropriation for fiscal year 2004 and $125,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually.

      (5) The providers for the 31 HOPE beds shall be paid a $1,000 base payment per bed per month, and reimbursed for the remainder of the bed cost only when the beds are occupied.

      (6) Within amounts provided for the foster care and adoption support programs, the department shall control reimbursement decisions for foster care and adoption support cases such that the aggregate average cost per case for foster care and for adoption support does not exceed the amounts assumed in the projected caseload expenditures. The department shall adjust adoption support benefits to account for the availability of the new federal adoption support tax credit for special needs children. The department shall report annually by October 1st to the appropriate committees of the legislature on the specific efforts taken to contain costs.

      (7) $3,837,000 of the general fund--state appropriation for fiscal year 2006, $6,352,000 of the general fund--state appropriation for fiscal year 2007, and $4,370,000 of the general fund--federal appropriation are provided solely for reforms to the child protective services and child welfare services programs, including 30-day face-to-face contact for children in out-of-home care, improved timeliness of child protective services investigations, an enhanced in-home child welfare services program, and education specialist services. The department shall report by December 1st of each year on the implementation status of the enhancements, including the hiring of new staff, and the outcomes of the reform efforts. The information provided shall include a progress report on items in the child and family services review program improvement plan and areas identified for improvement in the Braam lawsuit settlement.

      (8) Within amounts appropriated in this section, priority shall be given to proven intervention models, including evidence-based prevention and early intervention programs identified by the Washington institute for public policy and the department. The department shall include information on the number, type, and outcomes of the evidence-based programs being implemented in its reports on child welfare reform efforts.

      (9) $177,000 of the general fund--state appropriation for fiscal year 2006 and $178,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the state association of children's advocacy centers. Funds may be used for (a) children's advocacy centers that meet the national children's alliance accreditation standards for full membership, and are members in good standing; (b) communities in the process of establishing a center; and (c) the state association of children's advocacy centers. A 50 percent match will be required of each center receiving state funding.

      (10) $50,000 of the general fund--state appropriation for fiscal year 2006 and $50,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a street youth program in Spokane.

      (11) $4,672,000 of the general fund--state appropriation for fiscal year 2006 and $4,672,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for secure crisis residential centers.

      (12) $572,000 of the general fund--state appropriation for fiscal year 2006, $572,000 of the general fund--state appropriation for fiscal year 2007, and $1,144,000 of the general fund--federal appropriation are provided solely for section 305 of Senate Bill No. 5763 (mental disorders treatment) for chemical dependency specialist services.

      (13) $3,500,000 of the general fund--state appropriation for fiscal year 2007 and $1,500,000 of the general fund--federal appropriation are provided solely for Engrossed Senate Bill No. 5922 (child neglect). If the bill is not enacted by June 30, 2005, these amounts shall lapse.

      NEW SECTION. Sec. 203. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM

General Fund--State Appropriation (FY 2006). . . . . . $78,552,000

General Fund--State Appropriation (FY 2007). . . . . . $81,760,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $5,998,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,098,000

Violence Reduction and Drug Enforcement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$38,385,000

Juvenile Accountability Incentive Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,621,000

                           TOTAL APPROPRIATION. . . . . . $211,414,000

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

      (1) $706,000 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.

      (2) $6,156,000 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.

      (3) $1,020,000 of the general fund--state appropriation for fiscal year 2006, $1,030,000 of the general fund--state appropriation for fiscal year 2007, and $5,345,000 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.

      (4) $2,997,000 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.

      (5) For the purposes of a pilot project, the juvenile rehabilitation administration shall provide a block grant, rather than categorical funding, for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative to the Pierce county juvenile court. To evaluate the effect of decategorizing funding for youth services, the juvenile court shall do the following:

      (a) Develop intermediate client outcomes according to the risk assessment tool (RAT) currently used by juvenile courts and in coordination with the juvenile rehabilitation administration;

      (b) Track the number of youth participating in each type of service, intermediate outcomes, and the incidence of recidivism within twenty-four months of completion of services;

      (c) Track similar data as in (b) of this subsection with an appropriate comparison group, selected in coordination with the juvenile rehabilitation administration and the family policy council;

      (d) Document the process for managing block grant funds on a quarterly basis, and provide this report to the juvenile rehabilitation administration and the family policy council; and

      (e) Provide a process evaluation to the juvenile rehabilitation administration and the family policy council by June 20, 2006, and a concluding report by June 30, 2007. The court shall develop this evaluation in consultation with the juvenile rehabilitation administration, the family policy council, and the Washington state institute for public policy.

      (6) $319,000 of the general fund--state appropriation for fiscal year 2006 and $678,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to establish a reinvesting in youth pilot program. Participation shall be limited to three counties or groups of counties, including one charter county with a population of over eight hundred thousand residents and at least one county or group of counties with a combined population of three hundred thousand residents or less.

      (a) Only the following intervention service models shall be funded under the pilot program: (i) Functional family therapy; (ii) multi-systemic therapy; and (iii) aggression replacement training.

      (b) Subject to (c) of this subsection, payments to counties in the pilot program shall be sixty-nine percent of the average service model cost per youth times the number of youth engaged by the selected service model. For the purposes of calculating the average service model cost per engaged youth for a county, the following costs will be included: Staff salaries, staff benefits, training, fees, quality assurance, and local expenditures on administration.

      (c) Distribution of moneys to the charter county with a population of over eight hundred thousand residents shall be based upon the number of youth that are engaged by the intervention service models, up to six hundred thousand dollars for the biennium. The department may distribute the remaining grant moneys to the other counties selected to participate in the pilot program.

      (d) The department shall provide recommendations to the legislature by June 30, 2006, regarding a cost savings calculation methodology, a funds distribution formula, and criteria for service model eligibility for use if the reinvesting in youth program is continued in future biennia.

      (e) $248,000 of the general fund--state appropriation for fiscal year 2006 and $496,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to reimburse counties for local juvenile disposition alternatives implemented pursuant to House Bill No. 2073 (juvenile sentencing) and Senate Bill No. 5719 (community commitment). The juvenile rehabilitation administration, in consultation with the juvenile court administrators, shall develop an equitable distribution formula for the funding provided in this subsection, and negotiate contracts that would avoid the cost of a youth kept in the community costing more than serving the youth in a juvenile rehabilitation institution and parole program on an average daily population basis. The juvenile rehabilitation administration may adjust the funding level provided in this subsection in the event that utilization rates of the disposition alternatives are lower than the level anticipated by the total appropriation to the juvenile rehabilitation administration in this section. The juvenile rehabilitation administration shall report to the appropriate policy and fiscal committees of the legislature on the use of the disposition alternatives and revocations by December 1, 2006. If either bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 204. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM

      (1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS

General Fund--State Appropriation (FY 2006). . . . . $261,430,000

General Fund--State Appropriation (FY 2007). . . . . $269,285,000

General Fund--Federal Appropriation. . . . . . . . . . . . $336,771,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,970,000

                           TOTAL APPROPRIATION. . . . . . $869,456,000

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

      (a) In fiscal year 2006 the department shall continue and in fiscal year 2007 it shall complete the phased-in implementation of the revised medicaid allocation formula under which each regional support network is paid the same standard capitation rate per medicaid eligible person, adjusted by age and disability status.

      (b) $103,400,000 of the general fund--state appropriation for fiscal year 2006 and $103,400,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for persons and services not covered by the medicaid program. The department shall distribute these amounts among the regional support networks according to a formula that, consistent with RCW 71.24.035(13), assures continuation of fiscal year 2003 levels of nonmedicaid service in each regional support network area for the following service categories in the following priority order: (i) Crisis and commitment services; (ii) community inpatient services; and (iii) residential care services, including personal care and emergency housing assistance. The remaining amounts shall be distributed based upon a formula that incorporates each regional support network's percentage of the state's population. In consultation with regional support networks and other interested groups, the department shall report to the joint legislative and executive task force by September 2006 on options for modifying the allocation formula to assure equitable statewide access to essential nonmedicaid services.

      (c) 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 disability services administration for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability.

      (d) Within amounts 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 shall 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 required nonfederal share of the increased medicaid payment provided for operation of this project.

      (e) $3,100,000 of the general fund--state appropriation for fiscal year 2006 and $3,375,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to establish a base community psychiatric hospitalization payment rate. The base payment rate shall be $400 per indigent patient day at hospitals that accept commitments under the involuntary treatment act, and $550 per medicaid patient day at free-standing psychiatric hospitals that accept commitments under the involuntary treatment act. The department shall allocate these funds among the regional support networks to reflect projected expenditures at the enhanced payment level by hospital and region.

      (f) At least $902,000 of the federal block grant funding appropriated in this subsection shall be used for the continued operation of the mentally ill offender pilot program.

      (g) $2,146,000 of the general fund--state appropriation for fiscal year 2006, $4,408,000 of the general fund--state appropriation for fiscal year 2007, and $4,559,000 of the general fund--federal appropriation are provided solely for a vendor rate increase to regional support networks for medicaid and nonmedicaid services, to the extent that: Amounts provided in this subsection (1) to serve medicaid clients through regional support networks are sufficient to ensure compliance with federally approved actuarially sound medicaid rate ranges in every rate category. If such amounts are not sufficient to ensure compliance, funds provided in this subsection (1)(g) shall first be applied to address any noncompliant rate category; remaining amounts shall be allocated among the regional support networks by applying a uniform percentage of increase across regional support networks.

      (h) $5,000,000 of the general fund--state appropriation for fiscal year 2006 and $5,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for mental health services for mentally ill offenders while confined in a county or city jail and for facilitating access to programs that offer mental health services upon mentally ill offenders' release from confinement. These amounts shall supplement, and not supplant, local or other funding or in-kind resources currently being used for these purposes. The department is authorized to transfer such amounts as are necessary, which are not to exceed $418,000 of the general fund--state appropriation for fiscal year 2006 and $418,000 of the general fund--state appropriation for fiscal year 2007, to the economic services program for the purposes of implementing section 12 of Engrossed Second Substitute House Bill No. 1290 (community mental health) related to reinstating and facilitating access to mental health services upon mentally ill offenders' release from confinement.

      (i) $1,500,000 of the general fund--state appropriation for fiscal year 2006 and $1,500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for grants for innovative mental health service delivery projects. Such projects may include, but are not limited to, clubhouse programs and projects for integrated health care and behavioral health services for general assistance recipients. These amounts shall supplement, and not supplant, local or other funding currently being used for activities funded under the projects authorized in this subsection.

      (j) The department is authorized to continue to expend federal block grant funds, and special purpose federal grants, through direct contracts, rather than through contracts with regional support networks; and to distribute such funds through a formula other than the one established pursuant to RCW 71.24.035(13).

      (k) The department is authorized to continue to contract directly, rather than through contracts with regional support networks, for children's long-term inpatient facility services.

      (l) $2,250,000 of the general fund--state appropriation for fiscal year 2006, $2,250,000 of the general fund--state appropriation for fiscal year 2007, and $4,500,000 of the general fund--federal appropriation are provided solely for the continued operation of community residential and support services for persons who are older adults or who have co-occurring medical and behavioral disorders and who have been discharged or diverted from a state psychiatric hospital. These funds shall be used to serve individuals whose treatment needs constitute substantial barriers to community placement, who no longer require active psychiatric treatment at an inpatient hospital level of care, and who no longer meet the criteria for inpatient involuntary commitment. Coordination of these services will be done in partnership between the mental health program and the aging and disability services administration. The funds are not subject to the standard allocation formula applied in accordance with RCW 71.24.035(13)(a).

      (m) $750,000 of the general fund--state appropriation for fiscal year 2006 and $750,000 of the general fund--state appropriation for fiscal year 2007 are provided to continue performance-based incentive contracts to provide appropriate community support services for individuals with severe mental illness who have been discharged from the state hospitals. These funds will be used to enhance community residential and support services provided by regional support networks through other state and federal funding.

      (n) $539,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to assist with the one-time start-up costs of two evaluation and treatment facilities. Funding for ongoing program operations shall be from existing funds that would otherwise be expended upon short-term treatment in state or community hospitals.

      (o) $550,000 of the general fund--state appropriation for fiscal year 2006 and $150,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a pilot project that provides integrated care through a facility specializing in long-term rehabilitation services for people with chronic mental illness who are chronically medically-compromised. This project is to be implemented in coordination with and under the auspices of a regional support network.


      (p) Sufficient funds are appropriated in this section to implement the integrated chemical dependency/mental health screening and assessment provisions of section 601 of Senate Bill No. 5763.

      (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2006). . . . . $104,749,000

General Fund--State Appropriation (FY 2007). . . . . $110,534,000

General Fund--Federal Appropriation. . . . . . . . . . . . $150,115,000

General Fund--Private/Local Appropriation. . . . . . . . .$29,632,000

                           TOTAL APPROPRIATION. . . . . . $395,030,000

      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) $3,725,000 of the general fund--state appropriation for fiscal year 2006 and $3,675,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to operate at least one more forensic ward at western state hospital than was operational in December 2004, and to employ professional staff in addition to those assigned in December 2004 to conduct outpatient evaluations of competency to stand trial.

      (c) $45,000 of the general fund--state appropriation for fiscal year 2006 and $45,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for payment to the city of Lakewood on September 1 of each year for police services provided by the city at western state hospital and adjacent areas.

      (3) CIVIL COMMITMENT

General Fund--State Appropriation (FY 2006). . . . . . $43,322,000

General Fund--State Appropriation (FY 2007). . . . . . $46,551,000

                           TOTAL APPROPRIATION. . . . . . . $89,873,000

      (4) SPECIAL PROJECTS

General Fund--State Appropriation (FY 2006). . . . . . . . .$643,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$994,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $3,209,000

                           TOTAL APPROPRIATION. . . . . . . . $4,846,000

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

      (a) $75,000 of the general fund--state appropriation for fiscal year 2006, $75,000 of the general fund--state appropriation for fiscal year 2007, and $40,000 of the general fund--federal appropriation are provided solely to implement the request for proposal process required by House Bill No. 1290 (community mental health). If House Bill No. 1290 is not enacted by June 30, 2005, these amounts shall lapse.

      (b) $178,000 of the general fund--state appropriation for fiscal year 2006 and $221,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to develop and to train community mental health staff in the use of the integrated chemical dependency/mental health screening and assessment system and tool required by section 601 of Senate Bill No. 5763 (mental disorders treatment). If section 601 of Senate Bill No. 5763 is not enacted by June 30, 2005, these amounts shall lapse.

      (5) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2006). . . . . . . $3,620,000

General Fund--State Appropriation (FY 2007). . . . . . . $3,550,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $6,671,000

                           TOTAL APPROPRIATION. . . . . . . $13,841,000

      The appropriations in this subsection are subject to the following conditions and limitations: $125,000 of the general fund--state appropriation for fiscal year 2006, $125,000 of the general fund--state appropriation for fiscal year 2007, and $164,000 of the general fund--federal appropriation are provided solely for the institute for public policy to continue the longitudinal analysis directed in chapter 334, Laws of 2001 (mental health performance audit), and, to the extent funds are available within these amounts, to build upon the evaluation of the impacts of chapter 214, Laws of 1999 (mentally ill offenders).

      NEW SECTION. Sec. 205. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM

      (1) COMMUNITY SERVICES

General Fund--State Appropriation (FY 2006). . . . . $299,027,000

General Fund--State Appropriation (FY 2007). . . . . $311,869,000

General Fund--Federal Appropriation. . . . . . . . . . . . $505,414,000

Health Services Account--State Appropriation. . . . . . . . .$904,000

                           TOTAL APPROPRIATION. . . . .$1,117,214,000

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

      (a) The entire health services account appropriation, $213,000 of the general fund--state appropriation for fiscal year 2006, $400,000 of the general fund--state appropriation for fiscal year 2007, and $600,000 of the general fund--federal appropriation are provided solely for health care benefits for agency home care workers who are employed through state contracts for at least twenty hours a week. The per worker per month state contribution per agency to the cost of health care benefits shall be no greater than $380.06 in fiscal year 2006 and $413.14 in fiscal year 2007.

      (b) Individuals receiving family support or high school transition payments as supplemental security income (SSI) state supplemental payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.

      (c) $516,000 of the general fund--state appropriation for fiscal year 2006, $1,563,000 of the general fund--state appropriation for fiscal year 2007, and $2,078,000 of the general fund--federal appropriation are provided solely for community residential and support services. Funding in this subsection shall be prioritized for (i) residents of residential habilitation centers who are able to be adequately cared for in community settings and who choose to live in those community settings; (ii) clients without residential services who are at immediate risk of institutionalization or in crisis; (iii) children who are aging out of other state services; and (iv) current home and community-based waiver program clients who have been assessed as having an immediate need for increased services. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. In order to maximize the number of clients served and ensure the cost-effectiveness of the waiver programs, the department will strive to limit new client placement expenditures to 90 percent of the budgeted daily rate. If this can be accomplished, additional clients may be served with excess funds provided the total projected carry-forward expenditures do not exceed the amounts estimated. The department shall electronically 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) $579,000 of the general fund--state appropriation for fiscal year 2006, $1,531,000 of the general fund--state appropriation for fiscal year 2007, and $2,110,000 of the general fund--federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues. Funding in this subsection shall be prioritized for (i) clients being diverted or discharged from the state psychiatric hospitals; (ii) clients participating in the dangerous mentally ill offender program; (iii) clients participating in the community protection program; and (iv) mental health crisis diversion outplacements. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. In order to maximize the number of clients served and ensure the cost-effectiveness of the waiver programs, the department will strive to limit new client placement expenditures to 90 percent of the budgeted daily rate. If this can be accomplished, additional clients may be served with excess funds if the total projected carry-forward expenditures do not exceed the amounts estimated. The department shall implement the four new waiver programs such that decisions about enrollment levels and the amount, duration, and scope of services maintain expenditures within appropriations. The department shall electronically 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.

      (e) $900,000 of the general fund--state appropriation for fiscal year 2006 and $1,600,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of a flexible family support pilot program for families who are providing care and support for family members with developmental disabilities. The program shall provide funding for support services such as respite care, training and counseling, assistive technologies, transition services, and assistance with extraordinary household expenses.

      (i) To receive funding, an individual must: (A) Be eligible for services from the division of developmental disabilities; (B) live with his or her family; (C) not live independently or with a spouse; (D) not receive paid services through the division, including medicaid personal care and medicaid waiver services; and (E) have gross household income of less than or equal to four hundred percent of the federal poverty level.

      (ii) The department shall determine individual funding awards based on the following criteria: (A) Documented need for services, with priority given to individuals in crisis or at immediate risk of needing institutional services, individuals who transition from high school without employment or day program opportunities, individuals cared for by a single parent, and individuals with multiple disabilities; (B) number and ages of family members and their relation to the individual with developmental disabilities; (C) gross annual household income; and (D) availability of state funds.

      Funding awards may be made as one-time awards or on a renewable basis. Renewable awards shall be for a period of twelve months for the biennium. Awards shall be based upon the criteria provided in this subsection, but shall be within the following limits: Maximum of $4,000 per year for an individual whose gross annual household income is up to 100 percent of the federal poverty level; maximum of $3,000 per year for an individual whose gross annual household income is up to 200 percent of the federal poverty level; maximum of $2,000 per year for an individual whose gross annual household income is up to 300 percent of the federal poverty level; and maximum of $1,000 per year for an individual whose gross annual household income is up to 400 percent of the federal poverty level. Of the amounts provided in this subsection, $150,000 of the general fund--state appropriation for fiscal year 2006 and $300,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for one-time awards.

      (iii) Eligibility for, and the amount of, renewable awards and one-time awards shall be redetermined annually and shall correspond with the application of the department's mini-assessment tool. At the end of each award period, the department must redetermine eligibility for funding, including increases or reductions in the level of funding, as appropriate.

      (iv) By November 1, 2006, the department shall provide recommendations to the appropriate policy and fiscal committees of the legislature on strategies for integrating state-funded family support programs, including, if appropriate, the flexible family support pilot program, into a single program. The department shall also provide a status report on the flexible family support pilot program, which shall include the following information: The number of applicants for funding; the total number of awards; the number and amount of both annual and one-time awards, broken down by household income levels; and the purpose of the awards.

      (v) The department shall manage enrollment and award levels so as to not exceed the amounts appropriated for this purpose.

      (f) $840,000 of the general fund--state appropriation for fiscal year 2006, $1,979,000 of the general fund--state appropriation for fiscal year 2007, and $1,219,000 of the general fund--federal appropriation are provided solely for employment and day services. Priority consideration for this new funding shall be young adults with developmental disabilities living with their family who need employment opportunities and assistance after high school graduation. Services shall be provided for both waiver and nonwaiver clients.

      (g) $1,000,000 of the general fund--state appropriation for fiscal year 2006, $1,000,000 of the general fund--state appropriation for fiscal year 2007, and $2,000,000 of the general fund--federal appropriation are provided for implementation of the administrative rate standardization. These amounts are in addition to any vendor rate increase adopted by the legislature.

      (h) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for services to community clients provided by licensed professionals at the state residential habilitation centers. The division shall submit claims for reimbursement for services provided to clients living in the community with medical assistance or third-party health coverage, as appropriate, and shall implement a system for billing clients without coverage. The department shall provide a report by December 1, 2006, to the appropriate committees of the legislature on the number of clients served, services provided, and expenditures and revenues associated with those services.

      (i) $65,000 of the general fund--state appropriation for fiscal year 2006, $65,000 of the general fund--state appropriation for fiscal year 2007, and $130,000 of the general fund--federal appropriation are provided solely for supplemental compensation increases for direct care workers employed by home care agencies in recognition of higher labor market cost pressures experienced by agencies subject to collective bargaining obligations. In order for a specific home care agency to be eligible for such increases, home care agencies shall submit the following to the department:

      (i) Proof of a legally binding, written commitment to increase the compensation of agency home care workers; and

      (ii) Proof of the existence of a method of enforcement of the commitment, such as arbitration, that is available to the employees or their representative, and proof that such a method is expeditious, uses a neutral decision maker, and is economical for the employees.

      (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2006). . . . . . $76,062,000

General Fund--State Appropriation (FY 2007). . . . . . $78,545,000

General Fund--Federal Appropriation. . . . . . . . . . . . $152,479,000

General Fund--Private/Local Appropriation. . . . . . . . .$12,000,000

                           TOTAL APPROPRIATION. . . . . . $319,086,000

      The appropriations in this subsection are subject to the following conditions and limitations: The developmental disabilities program is authorized to use funds appropriated in this section to purchase goods and supplies through direct contracting with vendors when the program determines it is cost-effective to do so.

      (3) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2006). . . . . . . $2,457,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,068,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $3,034,000


                           TOTAL APPROPRIATION. . . . . . . . $7,559,000

      The appropriations in this subsection are subject to the following conditions and limitations: $578,000 of the general fund--state appropriation for fiscal year 2006 and $578,000 of the general fund--federal appropriation are provided solely for the purpose of developing and implementing a consistent needs assessment instrument for use on all clients with developmental disabilities. In developing the instrument, the department shall develop a process for collecting data on family income for minor children with developmental disabilities and all individuals who are receiving state-only funded services. The department shall ensure that this information is captured as part of the client assessment process.

      (4) SPECIAL PROJECTS

General Fund--State Appropriation (FY 2006). . . . . . . . . .$11,000

General Fund--State Appropriation (FY 2007). . . . . . . . . .$17,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $16,668,000

                           TOTAL APPROPRIATION. . . . . . . $16,696,000

      NEW SECTION. Sec. 206. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM

General Fund--State Appropriation (FY 2006). . . . . $604,891,000

General Fund--State Appropriation (FY 2007). . . . . $623,448,000

General Fund--Federal Appropriation. . . . . . . . . . .$1,264,939,000

General Fund--Private/Local Appropriation. . . . . . . . .$18,939,000

Health Services Account--State Appropriation. . . . . . . $4,888,000

                           TOTAL APPROPRIATION. . . . .$2,517,105,000

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

      (1) The entire health services account appropriation, $610,000 of the general fund--state appropriation for fiscal year 2006, $610,000 of the general fund--state appropriation for fiscal year 2007, and $5,552,000 of the general fund--federal appropriation are provided solely for health care benefits for agency home care workers who are employed through state contracts for at least twenty hours a week. The per worker per month state contribution per agency to the cost of health care benefits shall be no greater than $380.06 in fiscal year 2006 and $413.14 in fiscal year 2007.

      (2) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate shall not exceed $149.14 for fiscal year 2006 and shall not exceed $153.50 for fiscal year 2007.

      (3) In accordance with chapter 74.46 RCW, the department shall issue certificates of capital authorization that result in up to $16 million of increased asset value completed and ready for occupancy in fiscal year 2006; up to $16 million of increased asset value completed and ready for occupancy in fiscal year 2007; and up to $16 million of increased asset value completed and ready for occupancy in fiscal year 2008.

      (4) 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.

      (5) In accordance with chapter 74.39 RCW, the department may implement two medicaid waiver programs for persons who do not qualify for such services as categorically needy, subject to federal approval and the following conditions and limitations:

      (a) One waiver program shall include coverage of care in community residential facilities. Enrollment in the waiver shall not exceed 600 persons at any time.

      (b) The second waiver program shall include coverage of in-home care. Enrollment in this second waiver shall not exceed 200 persons at any time.

      (c) The department shall identify the number of medically needy nursing home residents, and enrollment and expenditures on each of the two medically needy waivers, on monthly management reports.

      (d) If it is necessary to establish a waiting list for either waiver because the budgeted number of enrollment opportunities has been reached, the department shall track how the long-term care needs of applicants assigned to the waiting list are met.

      (6) $1,413,000 of the general fund--state appropriation for fiscal year 2006, $2,887,000 of the general fund--state appropriation for fiscal year 2007, and $4,305,000 of the general fund--federal appropriation are provided solely to increase compensation for direct care workers employed by home care agencies by 27 cents per hour on July 1, 2005, and by an additional 23 cents per hour on July 1, 2006. 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 increase.

      (7) $1,786,000 of the general fund--state appropriation for fiscal year 2006 and $1,804,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for operation of the volunteer chore services program.

      (8) The department shall establish waiting lists to the extent necessary to assure that annual expenditures on the community options program entry systems (COPES) program do not exceed appropriated levels. In establishing and managing any such waiting list, the department shall assure priority access to persons with the greatest unmet needs, as determined by department assessment processes.

      (9) $93,000 of the general fund--state appropriation for fiscal year 2006, $8,000 of the general fund--state appropriation for fiscal year 2007, and $101,000 of the general fund--federal appropriation are provided solely to expand the number of boarding homes that receive exceptional care rates for persons with Alzheimer's disease and related dementias who might otherwise require nursing home care. The department may expand the number of licensed boarding home facilities that specialize in caring for such conditions by up to 85 beds in fiscal year 2006 and up to 150 beds in fiscal year 2007.

      (10) $305,000 of the general fund--state appropriation for fiscal year 2006 and $377,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the senior farmer's market nutrition program.

      (11) Within amounts appropriated in this section, the department shall develop and implement a pilot program that authorizes assisted living facilities to offer dual-occupancy accommodations to publicly-funded residents who would otherwise be placed in a skilled nursing facility or adult family home. The pilot shall include contracted assisted living facilities that are ineligible to receive capital add-on payments and whose Medicaid occupancy rates exceeded 50 percent as of December 31, 2004.

      (12) $109,000 of the general fund--state appropriation for fiscal year 2006, $90,000 of the general fund--state appropriation for fiscal year 2007, and $198,000 of the general fund--federal appropriation are provided solely for the implementation of Second Substitute House Bill No. 1220 (long-term care financing). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (13) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for area agencies on aging, or entities with which area agencies on aging contract, to provide a kinship navigator for grandparents and other kinship caregivers of children in both western and eastern Washington.

      (a) Kinship navigator services shall include but not be limited to assisting kinship caregivers with understanding and navigating the system of services for children in out-of-home care while reducing barriers faced by kinship caregivers when accessing services.


      (b) In providing kinship navigator services, area agencies on aging shall give priority to helping kinship caregivers maintain their caregiving role by helping them access existing services and supports, thus keeping children from entering foster care.

      (14) $435,000 of the general fund--state appropriation for fiscal year 2006, $435,000 of the general fund--state appropriation for fiscal year 2007, and $870,000 of the general fund--federal appropriation are provided solely for supplemental compensation increases for direct care workers employed by home care agencies in recognition of higher labor market cost pressures experienced by agencies subject to collective bargaining obligations. In order for a specific home care agency to be eligible for such increases, home care agencies shall submit the following to the department:

      (i) Proof of a legally binding, written commitment to increase the compensation of agency home care workers; and

      (ii) Proof of the existence of a method of enforcement of the commitment, such as arbitration, that is available to the employees or their representative, and proof that such a method is expeditious, uses a neutral decision maker, and is economical for the employees.

      NEW SECTION. Sec. 207. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM

General Fund--State Appropriation (FY 2006). . . . . $483,166,000

General Fund--State Appropriation (FY 2007). . . . . $501,081,000

General Fund--Federal Appropriation. . . . . . . . . . .$1,246,447,000

General Fund--Private/Local Appropriation. . . . . . . . .$31,466,000

                           TOTAL APPROPRIATION. . . . .$2,262,160,000

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

      (1) $273,333,000 of the general fund--state appropriation for fiscal year 2006, $273,333,000 of the general fund--state appropriation for fiscal year 2007, and $1,020,292,000 of the general fund--federal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department shall:

      (a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Outcome data regarding job retention and wage progression shall be reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months. The department shall also report the percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months; and

      (b) Submit a report by October 1, 2005, to the fiscal committees of the legislature containing a spending plan for the WorkFirst program. The plan shall identify how spending levels in the 2005-2007 biennium will be adjusted to stay within available federal grant levels and the appropriated state-fund levels.

      (2) $75,833,000 of the general fund--state appropriation for fiscal year 2006 and $74,358,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for cash assistance and other services to recipients in the general assistance--unemployable program. Within these amounts:

      (a) The department may expend funds for services that assist recipients to obtain employment and reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed the funds provided. Mental health, substance abuse, and vocational rehabilitation services may be provided to recipients whose incapacity is not severe enough to qualify for services through a regional support network, the alcoholism and drug addiction treatment and support act, or the division of vocational rehabilitation to the extent that those services are necessary to eliminate or minimize barriers to employment;

      (b) The department shall review the general assistance caseload to identify recipients that would benefit from assistance in becoming naturalized citizens, and thus be eligible to receive federal supplemental security income benefits. Those cases shall be given high priority for naturalization funding through the department;

      (c) The department shall identify general assistance recipients who are or may be eligible to receive health care coverage or services through the federal veteran's administration and assist recipients in obtaining access to those benefits; and

      (d) The department shall report by November of each year to the appropriate committees of the legislature on the progress and outcomes of these efforts.

      (3) Within amounts appropriated in this section, the department shall increase the state supplemental payment by $10 per month for SSI clients who reside in nursing facilities, residential habilitation centers, or state hospitals and who receive a personal needs allowance and decrease other state supplemental payments.

      (4) $5,000,000 of the general fund--state appropriation for fiscal year 2006 and $10,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a subsidy rate increase for child care providers. Of this amount, $500,000 per year shall be targeted for child care providers in urban areas of region 1 and $500,000 per year shall be targeted for one or more tiered-reimbursement pilot projects.

      NEW SECTION. Sec. 208. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM

General Fund--State Appropriation (FY 2006). . . . . . $57,235,000

General Fund--State Appropriation (FY 2007). . . . . . $66,956,000

General Fund--Federal Appropriation. . . . . . . . . . . . $110,175,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $633,000

Criminal Justice Treatment Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,500,000

Violence Reduction and Drug Enforcement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$48,842,000

Problem Gambling Treatment Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,081,000

                           TOTAL APPROPRIATION. . . . . . $303,922,000

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

      (1) $1,500,000 of the problem gambling treatment account appropriation is provided solely for the program established in Engrossed Substitute House Bill No. 1031 (problem gambling). If legislation creating the account is not enacted by June 30, 2005, this amount shall lapse.

      (2) $1,339,000 of the general fund--state appropriation for fiscal year 2006 and $1,338,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the parent child assistance program, including an expansion of services to southwestern Washington. The department shall contract with the University of Washington and community-based providers in Spokane, Yakima, and southwestern Washington for the provision of this program. For all contractors, indirect charges for administering the program shall not exceed ten percent of the total contract amount. The amounts provided in this subsection are sufficient to fund section 303 of Senate Bill No. 5763 (mental disorders treatment).

      (3) $2,000,000 of the general fund--state appropriation for fiscal year 2006 and $3,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for vendor rate adjustments for residential treatment providers for chemical dependency services.

      (4) $465,000 of the general fund--state appropriation for fiscal year 2006, $934,000 of the general fund--state appropriation for fiscal year 2007, $1,319,000 of the general fund--federal appropriation, and $700,000 of the violence reduction and drug enforcement account appropriation are provided solely for vendor rate adjustments for residential treatment providers. To the extent that a portion of this funding is sufficient to maintain sufficient residential treatment capacity, remaining amounts may then be used to provide vendor rate adjustments to other types of providers as prioritized by the department in order to maintain or increase treatment capacity.

      (5) $1,916,000 of the general fund--state appropriation for fiscal year 2006 and $4,278,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for integrated pilot programs as required by section 203 of Senate Bill No. 5763 (mental disorders treatment). If section 203 of Senate Bill No. 5763 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (6) $244,000 of the general fund--state appropriation for fiscal year 2006 and $244,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for intensive case management pilot programs as required by section 220 of Senate Bill No. 5763 (mental disorders treatment). If section 220 of Senate Bill No. 5763 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (7) $159,000 of the general fund--state appropriation for fiscal year 2006, $140,000 of the general fund--state appropriation for fiscal year 2007, and $161,000 of the general fund--federal appropriation are provided solely for development of the integrated chemical dependency/mental health screening and assessment tool required by section 601 of Senate Bill No. 5763 (mental disorders treatment), and associated training and quality assurance. If section 601 of Senate Bill No. 5763 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 209. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM

General Fund--State Appropriation (FY 2006). . . .$1,481,212,000

General Fund--State Appropriation (FY 2007). . . .$1,596,101,000

General Fund--Federal Appropriation. . . . . . . . . . .$4,036,615,000

General Fund--Private/Local Appropriation. . . . . . . . . .$2,000,000

Emergency Medical Services and Trauma Care Systems

      Trust Account--State Appropriation. . . . . . . . . . . .$15,000,000

Health Services Account--State Appropriation. . . . . $636,942,000

                           TOTAL APPROPRIATION. . . . .$7,767,870,000

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

      (1) Based on quarterly expenditure reports and caseload forecasts, if the department estimates that expenditures for the medical assistance program will exceed the appropriations, the department shall take steps including but not limited to reduction of rates or elimination of optional services to reduce expenditures so that total program costs do not exceed the annual appropriation authority.

      (2) The department shall continue to extend medicaid eligibility to children through age 18 residing in households with incomes below 200 percent of the federal poverty level.

      (3) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.

      (4) Sufficient amounts are appropriated in this section for the department to continue podiatry services for medicaid-eligible adults.

      (5) Sufficient amounts are appropriated in this section for the department to provide an adult dental benefit that is equivalent to the benefit provided in the 2003-05 biennium.

      (6) In accordance with RCW 74.46.625, $6,000,000 of the general fund--federal appropriation is provided solely for supplemental payments to nursing homes operated by public hospital districts. The public hospital district shall be responsible for providing the required nonfederal match for the supplemental payment, and the payments shall not exceed the maximum allowable under federal rules. It is the legislature's intent that the payments shall be supplemental to and shall not in any way offset or reduce the payments calculated and provided in accordance with part E of chapter 74.46 RCW. It is the legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall not be disallowed solely because such costs have been paid by revenues retained by the nursing home from these supplemental payments.

      (7) $1,660,000 of the health services account appropriation, $4,361,000 of the general fund--federal appropriation, $1,350,000 of the general fund--state appropriation for fiscal year 2006, and $1,351,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for grants to rural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.

      (8) $22,081,000 of the health services account appropriation and $20,714,000 of the general fund--federal appropriation are provided solely for grants to nonrural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.

      (9) In response to the federal directive to eliminate intergovernmental transfer transactions effective June 30, 2005, the department is directed to implement the inpatient hospital certified public expenditures program for the 2005-07 biennium. The program shall apply to all public hospitals, including those owned or operated by the state, except those classified as critical access hospitals or state psychiatric institutions. Hospitals in the program shall be paid and shall retain (a) one hundred percent of the federal portion of each medicaid inpatient fee-for-service claim payable by the medical assistance administration; and (b) one hundred percent of the federal portion of the maximum disproportionate share hospital payment allowable under federal regulations. Medicaid fee-for-service claim amounts shall be established by applying the department's ratio of costs to charges payment methodology. The department shall provide participating hospitals with the information and instructions needed by the hospital to certify the public expenditures required to qualify for the federal portions of both the medicaid inpatient fee-for-service payments and the disproportionate share hospital payments. In the event that any part of the program including, but not limited to, allowable certified public expenditures, is disallowed by the federal government, the department shall not seek recoupment of payments from the hospitals, provided the hospitals have complied with the directions of the department for participation in the program. The legislature intends that hospitals in the program receive no less in combined state and federal payments than they would have received under the methodology that was in place during fiscal year 2005. The department shall therefore make additional grant payments, not to exceed the amounts provided in this subsection, to hospitals whose total payments under the program would otherwise be less than the total state and federal payments they would have received under the methodology in effect during fiscal year 2005. $37,034,000 of the general fund--state appropriation for fiscal year 2006, $37,552,000 of the general fund--state appropriation for fiscal year 2007, $8,300,000 of the emergency medical services and trauma care systems trust account--state appropriation, and $45,450,000 of the general fund--federal appropriation are provided solely for new state grant and upper payment limit programs for the participating hospitals.

      (10) $4,372,000 of the general fund--state appropriation for fiscal year 2006, $4,014,000 of the general fund--state appropriation for fiscal year 2007, and $65,112,000 of the general fund--federal appropriation are provided solely for development and implementation of a replacement system for the existing medicaid management information system.

      (11) $150,000 of the general fund--state appropriation for fiscal year 2006, $75,000 of the general fund--state appropriation for fiscal year 2007, and $225,000 of the general fund--federal appropriation are provided solely for the department to contract for an independent analysis of the medical assistance administration's current system for establishing hospital inpatient payment rates, and for recommendations on a new or updated system. The department shall submit an interim report of study findings by December 1, 2005, and a final report by November 15, 2006. The interim report shall include a comparison of the strengths and weaknesses of the current rate-setting system relative to those used by other state, federal, and private payers. The final report shall include recommendations on the design and implementation of a new or updated system that will promote equity among hospitals, access to quality care and improved health outcomes for patients, and cost-control and efficiency for taxpayers. The study should make use of complete and current cost data from a wide variety of hospitals, recognize unique aspects of hospital service delivery structures and medicaid payment systems in Washington, recognize impacts on productivity and quality of care that may result from hospital compensation, recruitment, and retention policies, and provide opportunities for comment and participation by key interest groups in the identification and assessment of alternatives.

      (12) Payment rates for hospital inpatient and outpatient services shall be increased by an average of 1.3 percent effective July 1, 2005, and by an average of an additional 1.3 percent effective July 1, 2006. The inpatient increases shall be provided only on the portion of a hospital's rate that excludes medical education and outlier costs, and shall be allocated so that hospitals with lower costs of care (excluding medical education and outlier costs) receive larger percentage increases than those with higher costs of care. The inpatient increases shall be allocated in three percentage increments, with the lowest-cost hospitals receiving the largest percentage rate increase, highest-cost hospitals receiving the smallest percentage increase, and medium-cost hospitals receiving the average of the highest and the lowest percentage rate increase. Increases shall not be provided to those hospitals that are certified as critical access. Sufficient funds are appropriated in this section for Healthy Options contractors to increase hospital payment rates commensurate with the increases in fee-for-service payment rates.

      (13) When a person is ineligible for medicaid solely by reason of residence in an institution for mental diseases, the department shall provide the person with the same benefits as he or she would receive if eligible for medicaid, using state-only funds to the extent necessary.

      (14) The medical assistance administration is authorized to use funds appropriated in this section to purchase goods and supplies through direct contracting with vendors when the administration determines it is cost-effective to do so.

      (15) The legislature affirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.

      (16) By October 1, 2005, the department shall recommend to the governor and legislature at least two pilot project designs which seem likely to reduce avoidable emergency room utilization at no net cost to the state within the projects' first eighteen months of operation.

      (17) Within funds appropriated in this section, the department shall participate in the health technology assessment program required in section 213(6) of this act.

      (18) The department is also required to participate in the joint health purchasing project described in section 213(7) of this act.

      (19) The department shall, within available resources, continue operation of the medical care services care management pilot project for clients receiving general assistance benefits in King and Pierce counties. The project may use a full or partial capitation model that includes a mechanism for shared savings. The department shall provide a report to the appropriate committees of the legislature by January 1, 2006, on costs, savings, and any outcomes or quality measures associated with the pilot programs during the first year of operation.

      (20) By October 1, 2005, the department shall report to the appropriate committees of the legislature on the potential fiscal and programmatic costs and benefits associated with an expansion of managed care pilot programs to SSI and other eligible medicaid elderly and disabled persons.

      (21) Within the funding provided in section 207(2) of this act, the medical assistance administration and the economic services administration may implement a time-limited transitional prescription drug benefit for general assistance unemployable recipients who obtain employment and who have no other source of health insurance coverage. The benefit shall be limited to coverage of prescription drugs and medication management. The benefit shall be limited to one year. The department shall implement a premium schedule for the benefits under this subsection that is related to the participant's income. The minimum premium shall be twenty dollars per month. Recipients of this transitional benefit shall not be considered part of the general assistance caseload unless eligibility is established under standard reapplication procedures.

      (22) By November 15, 2006, the department of social and health services, in consultation with the department of revenue and the health care authority, shall report to the health care and fiscal committees of the legislature on options for providing financial incentives for private practice physicians to serve uninsured, medicare, and medicaid patients. The report shall include an assessment of the relative costs and effectiveness of strategies including, but not limited to, tax credits and payment rate increases. The report shall further suggest alternative mechanisms and thresholds for varying tax credits and payment enhancements according to the extent to which a provider serves uninsured, medicare, and medicaid patients.

      NEW SECTION. Sec. 210. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAM

General Fund--State Appropriation (FY 2006). . . . . . $11,202,000

General Fund--State Appropriation (FY 2007). . . . . . $11,350,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $86,908,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $440,000

Telecommunications Devices for the Hearing and

      Speech Impaired--State Appropriation. . . . . . . . . . .$1,791,000

                           TOTAL APPROPRIATION. . . . . . $111,691,000

      The appropriations in this section are subject to the following conditions and limitations: The division of vocational rehabilitation shall maintain support for existing clubhouse programs at the 2003-2005 level.

      NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM


General Fund--State Appropriation (FY 2006). . . . . . $32,933,000

General Fund--State Appropriation (FY 2007). . . . . . $29,910,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $51,489,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $810,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,452,000

Violence Reduction and Drug Enforcement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,791,000

Domestic Violence Prevention Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,345,000

                           TOTAL APPROPRIATION. . . . . . $120,730,000

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

      (1) $500,000 of the general fund--state appropriation for fiscal year 2006 and $500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for funding of the teamchild project through the governor's juvenile justice advisory committee.

      (2) $2,452,000 of the public safety and education account--state appropriation and $1,791,000 of the violence reduction and drug enforcement account--state appropriation are provided solely for the family policy council.

      (3) $3,195,000 of the general fund--state appropriation for fiscal year 2006, $639,000 of the general fund--state appropriation for fiscal year 2007, and $3,834,000 of the general--fund federal appropriation are provided solely to implement the 2005-07 home care worker collective bargaining agreement.

      (4) $1,345,000 of the domestic violence prevention account is provided solely for the implementation of Engrossed Substitute House Bill No. 1314 (domestic violence prevention). If legislation creating the account is not enacted by June 30, 2005, this amount shall lapse.

      NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAM

General Fund--State Appropriation (FY 2006). . . . . . $46,381,000

General Fund--State Appropriation (FY 2007). . . . . . $46,380,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $45,103,000

                           TOTAL APPROPRIATION. . . . . . $137,864,000

      NEW SECTION. Sec. 213. FOR THE STATE HEALTH CARE AUTHORITY

General Fund--Federal Appropriation. . . . . . . . . . . . . . $3,140,000

State Health Care Authority Administrative Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $29,394,000

Medical Aid Account--State Appropriation. . . . . . . . . . . .$171,000

Health Services Account--State Appropriation. . . . . $456,207,000

                           TOTAL APPROPRIATION. . . . . . $488,912,000

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

      (1) Within amounts appropriated in this section and sections 205 and 206 of this act, the health care authority shall continue to provide an enhanced basic health plan subsidy for foster parents licensed under chapter 74.15 RCW and workers in state-funded home care programs. Under this enhanced subsidy option, foster parents and home care workers with family incomes below 200 percent of the federal poverty level shall be allowed to enroll in the basic health plan at the minimum premium amount charged to enrollees with incomes below sixty-five percent of the federal poverty level.

      (2) The health care authority shall require organizations and individuals which are paid to deliver basic health plan services and which choose to sponsor enrollment in the subsidized basic health plan to pay 133 percent of the premium amount which would otherwise be due from the sponsored enrollees.

      (3) The administrator shall take at least the following actions to assure that persons participating in the basic health plan are eligible for the level of assistance they receive: (a) Require submission of (i) income tax returns, and recent pay history, from all applicants, or (ii) other verifiable evidence of earned and unearned income from those persons not required to file income tax returns; (b) check employment security payroll records at least once every twelve months on all enrollees; (c) require enrollees whose income as indicated by payroll records exceeds that upon which their subsidy is based to document their current income as a condition of continued eligibility; (d) require enrollees for whom employment security payroll records cannot be obtained to document their current income at least once every six months; (e) not reduce gross family income for self-employed persons by noncash-flow expenses such as, but not limited to, depreciation, amortization, and home office deductions, as defined by the United States internal revenue service; and (f) pursue repayment and civil penalties from persons who have received excessive subsidies, as provided in RCW 70.47.060(9).

      (4) $19,108,000 of the health services account--state appropriation is provided solely for funding for health care services provided through local community clinics.

      (5) $391,000 of the health services account appropriation is provided solely for implementation of Substitute Senate Bill No. 5471, chapter 129, Laws of 2005 (drug purchasing consortium).

      (6) The health care authority shall conduct a health technology assessment pilot project to evaluate scientific evidence regarding current and evolving health care procedures, services and technology. The pilot shall be a joint effort of the departments of social and health services, labor and industries, corrections, and veteran's affairs and the health care authority. Upon completion of assessment of a procedure, service or technology, the agencies shall make every effort, consistent with federal and state law, to jointly decide: (a) On coverage of the procedure, service or technology by each agency, and (b) if covered, the guidelines or criteria that will be applied to medical necessity decisions.

      (7) The departments of social and health services, labor and industries and the health care authority, in collaboration with affected health care providers, facilities, and contracted health plans, shall design and implement a joint health purchasing project that links payment to health care provider or facility performance, particularly where such performance is expected to improve patient outcomes or where there are wide variations in clinical practice used to treat a condition or illness. The purchasing effort shall utilize evidence-based performance measures that are designed to improve quality of care and yield measurable and significant savings. The project shall include payment mechanisms that create incentives to improve quality of care. On or before December 1, 2006, the agencies shall report to relevant policy and fiscal committees of the legislature on the status of the purchasing project, including actual and anticipated savings.

      (8) $395,000 of the health services account appropriation is provided solely for implementation of Substitute House Bill No. 1689 (dental residency program). If Substitute House Bill No. 1689 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (9) $250,000 of the health services account appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1688 (certificate of need program). If Engrossed Second Substitute House Bill No. 1688 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (10) $316,000 of the health services account--state appropriation and $15,000 of the general fund--federal appropriation are provided solely for a study of electronic medical records systems pursuant to Substitute Senate Bill No. 5064 (electronic medical records). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.


      (11) The health care authority shall study alternatives for the provision of a high deductible health plan and health savings accounts for enrollees in the basic health and public employees' benefits board plans that conform to section 223, Part VII of subchapter B of chapter 1 of the internal revenue code of 1986. The board shall submit a report to the legislature by December 1, 2005, on options for implementation of pilot programs for the basic health and public employees' benefits board plans and a full scale offering. The board's report shall include estimates of the fiscal impact of each option.

      NEW SECTION. Sec. 214. FOR THE HUMAN RIGHTS COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . $2,596,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,634,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,741,000

                           TOTAL APPROPRIATION. . . . . . . . $6,971,000

      The appropriations in this section are subject to the following conditions and limitations: The commission shall submit a report by December 1st of each year to the office of financial management and the legislative fiscal committees detailing any changes in existing federal revenues for the remainder of the current fiscal year and changes in projections of federal revenue for the upcoming fiscal year.

      NEW SECTION. Sec. 215. FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS

Worker and Community Right-to-Know Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,000

Accident Account--State Appropriation. . . . . . . . . . . .$16,399,000

Medical Aid Account--State Appropriation. . . . . . . . .$16,398,000

                           TOTAL APPROPRIATION. . . . . . . $32,817,000

      NEW SECTION. Sec. 216. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$19,003,000

Death Investigations Account--State Appropriation. . . . .$148,000

Municipal Criminal Justice Assistance Account--

      Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . $460,000

                           TOTAL APPROPRIATION. . . . . . . $19,611,000

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

      (1) During the 2005-2007 biennium, the criminal justice training commission is authorized to raise existing fees charged for firearms certification for security guards in excess of the fiscal growth factor established pursuant to RCW 43.135.055, if necessary, to meet the actual costs of conducting the certification programs and the appropriation levels in this section.

      (2) $100,000 of the public safety and education account--state appropriation is provided solely for support of the coalition of small police agencies major crimes task force. The purpose of this task force is to pool its resources and to establish an efficient and cooperative approach in addressing major violent crimes.

      (3) Amounts provided within this section are sufficient to implement the provisions of section 2 of House Bill No. 1136 (electronic monitoring system).

      NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF LABOR AND INDUSTRIES

General Fund--State Appropriation (FY 2006). . . . . . . $7,554,000

General Fund--State Appropriation (FY 2007). . . . . . . $7,648,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$27,277,000

Public Safety and Education Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,000,000

Asbestos Account--State Appropriation. . . . . . . . . . . . . . $808,000

Electrical License Account--State Appropriation. . . . .$34,743,000

Farm Labor Revolving Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28,000

Worker and Community Right-to-Know Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,836,000

Public Works Administration Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,664,000

Accident Account--State Appropriation. . . . . . . . . . .$206,490,000

Accident Account--Federal Appropriation. . . . . . . . . .$13,621,000

Medical Aid Account--State Appropriation. . . . . . . . $205,011,000

Medical Aid Account--Federal Appropriation. . . . . . . . $3,185,000

Plumbing Certificate Account--State Appropriation. . . $1,657,000

Pressure Systems Safety Account--State Appropriation.$3,324,000

                           TOTAL APPROPRIATION. . . . . . $525,846,000

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

      (1) $700,000 of the accident account--state appropriation and $699,000 of the medical aid account--state appropriation are provided solely for the construction of a computer system to collect data from self-insured employers and are contingent on the passage of Substitute House Bill No. 1310 (workers compensation reporting) on mandatory electronic data reporting by self-insured employers. If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (2) $27,227,000 of the public safety and education account--state appropriation, and $10,000,000 of the public safety and education account--federal appropriation are provided solely for the crime victims' compensation program, subject to the following conditions:

      (a) Reimbursement shall be provided throughout the 2005-2007 biennium for full reimbursement of sexual assault forensic exams at workers' compensation rates; and

      (b) In accordance with RCW 7.68.015, it is the policy of the state that the department of labor and industries operate the crime victims' compensation program within the amounts provided for this program in this subsection.

      (3) $200,000 of the accident account--state appropriation is provided solely to reimburse the department of agriculture for the agricultural worker pesticide handling and application training program.

      (4) $71,000 of the medical aid account--state appropriation and $71,000 of the accident account--state appropriation are provided solely for the review of payment of medical bills and authorization for medical procedures by self-insurers.

      (5) The department is required to participate in the health technology assessment program required in section 213(6) of this act.

      (6) The department is also required to participate in the joint health purchasing project described in section 213(7) of this act.

      (7) $35,000 of the general fund--state appropriation for fiscal year 2006 and $8,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 1393 (older mobile homes). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (8) $182,000 of the accident account--state appropriation and $623,000 of the medical aid account--state appropriation are provided solely to expand the Spokane center of occupational health and education to include Yakima county. The Spokane center of occupational health will recruit and train approximately one hundred sixty physicians in Yakima county on best practices for occupational medicine and work with labor and business to improve quality and outcomes of medical care provided to injured workers.

      (9) $158,000 of the accident account--state appropriation and $158,000 of the medical aid account--state appropriation are provided solely to implement Substitute House Bill No. 1856 (annual audits of the state industrial insurance fund). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.


      (10) The department shall delay the costs associated with implementation of phase II of its indirect cost allocation plan for the public works administration account until July 1, 2007.

      NEW SECTION. Sec. 218. FOR THE INDETERMINATE SENTENCE REVIEW BOARD

General Fund--State Appropriation (FY 2006). . . . . . . $1,092,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,096,000

                           TOTAL APPROPRIATION. . . . . . . . $2,188,000

      NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      (1) HEADQUARTERS

General Fund--State Appropriation (FY 2006). . . . . . . $1,918,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,880,000

Charitable, Educational, Penal, and Reformatory

      Institutions Account--State Appropriation. . . . . . . . . . $10,000

                           TOTAL APPROPRIATION. . . . . . . . $3,808,000

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

      (a) The department shall participate in the health technology assessment program required in section 213(6) of this act.

      (b) The department shall participate in the joint health purchasing project described in section 213(7) of this act.

      (c) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided for the department to conduct a feasibility study of a veterans' cemetery in eastern Washington. The study shall include location, acquisition costs, projection of continued operations costs, and revenue sources for acquisition and operations. A final report of the findings shall be submitted no later than December 15, 2005.

      (d) $70,000 of the general fund--state appropriation for fiscal year 2006 and $70,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Senate Bill No. 5539 (veterans conservation corps). If Senate Bill No. 5539 is not enacted by June 30, 2005, these amounts shall lapse.

      (2) FIELD SERVICES

General Fund--State Appropriation (FY 2006). . . . . . . $2,811,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,809,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . .$343,000

General Fund--Private/Local Appropriation. . . . . . . . . .$2,016,000

                           TOTAL APPROPRIATION. . . . . . . . $7,979,000

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

      (a) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the development of a public service announcement outreach campaign directed at returning veterans from Operation Iraqi Freedom and Operation Enduring Freedom.

      (b) $75,000 of the general fund--state appropriation for fiscal year 2006 and $95,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the post traumatic stress counseling program expansion to address the needs of veterans returning from Iraq and Afghanistan.

      (3) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2006). . . . . . . $8,259,000

General Fund--State Appropriation (FY 2007). . . . . . . $8,238,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $31,436,000

General Fund--Private/Local Appropriation. . . . . . . . .$26,338,000

                           TOTAL APPROPRIATION. . . . . . . $74,271,000

      NEW SECTION. Sec. 220. FOR THE HOME CARE QUALITY AUTHORITY

General Fund--State Appropriation (FY 2006). . . . . . . . .$919,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,093,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,034,000

                           TOTAL APPROPRIATION. . . . . . . . $3,046,000

      The appropriations in this section are subject to the following conditions and limitations: The legislature encourages the home care quality authority to move forward with implementation of a statewide referral registry system by use of any existing and future agency administrative moneys and by seeking other means of funding, including grants and additional funding resources.

      NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF HEALTH

General Fund--State Appropriation (FY 2006). . . . . . $64,090,000

General Fund--State Appropriation (FY 2007). . . . . . $64,485,000

General Fund--Federal Appropriation. . . . . . . . . . . . $455,467,000

General Fund--Private/Local Appropriation. . . . . . . .$101,479,000

Hospital Commission Account--State Appropriation. . .$2,615,000

Health Professions Account--State Appropriation. . . .$51,659,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$600,000

Emergency Medical Services and Trauma Care Systems

       Trust Account--State Appropriation. . . . . . . . . . . $12,578,000

Safe Drinking Water Account--State Appropriation. . . $2,907,000

Drinking Water Assistance Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,158,000

Waterworks Operator Certification--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,098,000

Drinking Water Assistance Administrative Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$326,000

Water Quality Account--State Appropriation. . . . . . . . .$3,680,000

State Toxics Control Account--State Appropriation. . . $2,843,000

Medical Test Site Licensure Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,790,000

Youth Tobacco Prevention Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,806,000

Public Health Supplemental Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,306,000

Accident Account--State Appropriation. . . . . . . . . . . . . . $275,000

Medical Aid Account--State Appropriation. . . . . . . . . . . . $46,000

Health Services Account--State Appropriation. . . . . . $38,101,000

Tobacco Prevention and Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$52,677,000

Patient Safety Account--State Appropriation. . . . . . . . . . $641,000

                           TOTAL APPROPRIATION. . . . . . $878,625,000

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

      (1) The department or any successor agency is authorized to raise existing fees charged for the clandestine drug lab program, the drinking water program, radioactive materials license fees, X-ray facility registration fees, shellfish commercial paralytic shellfish poisoning fees, the water recreation program, the wastewater management program, newborn specialty clinic fees, acute care hospitals, psychiatric hospitals, child birth centers, correctional medical facilities, alcoholism hospitals, and the midwifery program, in excess of the fiscal growth factor pursuant to RCW 43.135.055, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section. However, the department may not raise existing fees charged for the midwifery program by more than twenty percent over the biennium.

      (2) $1,363,000 of the general fund--state fiscal year 2006 appropriation, $1,363,000 of the general fund--state fiscal year 2007 appropriation, and $676,000 of the general fund--local appropriation are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.

      (3) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.

      (4) $383,000 of the general fund--state appropriation for fiscal year 2006, $317,000 of the general fund--state appropriation for fiscal year 2007, and $600,000 of the aquatic lands enhancement account appropriation are provided solely to assist counties in marine areas complete on-site sewage system management plans and electronic data bases to inventory on-site sewage systems.

      (5) $60,000 of the health professions account appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5470 (prescription importation). If Engrossed Substitute Senate Bill No. 5470 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (6) $268,000 of the health professions account appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 2266 (precursor drugs). If Engrossed Substitute House Bill No. 2266 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (7) $42,000 of the health professions account appropriation is provided solely for implementation of Second Substitute House Bill No. 1168 (prescription reimportation). If Second Substitute House Bill No. 1168 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (8) $82,000 of the general fund--state appropriation for fiscal year 2006, $52,000 of the general fund--state appropriation for fiscal year 2007, and $641,000 of the patient safety account appropriation are provided solely for implementation of Engrossed Second Substitute House Bill No. 1291 (patient safety practices). If Engrossed Second Substitute House Bill No. 1291 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (9) $100,000 of the general fund--state appropriation for fiscal year 2006 and $200,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the department to implement a multi-year pilot project covering Adams, Chelan, Douglas, Grant and Franklin counties for persons with household income at or below 200 percent of the federal poverty level who are ineligible for family planning services through the medicaid program. Individuals who will be served under the pilot program include women who have never been pregnant, are not currently pregnant, or are beyond the family planning extension period allowed for first steps program eligibility. It is anticipated that the pilot program will serve approximately 500 women. The department will provide a preliminary report to the appropriate committees of the legislature by January 1, 2006, and a final report by January 1, 2007.

      (10) $462,000 of the general fund--private/local appropriation is provided solely to support specialty clinics that provide treatment services to children that are identified with one of the five heritable or metabolic disorders added to the newborn screening panel by the state board of health in 2003.

      (11) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the farmers' market nutrition program of the special supplemental nutrition program for women, infants and children. It is anticipated that these funds will enable the department to expand 2004 participation levels by 8,000 persons annually.

      (12) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the infertility prevention project to implement effective prevention strategies designed to reduce the prevalence of chlamydia and gonorrhea and their potentially debilitating complications.

      (13) With funds appropriated in this section, the medical advisory committee to the early detection breast and cervical cancer screening program shall study and recommend strategies for adopting emerging technologies and best practices from the national, state, and local levels in the field of early prevention and detection for breast and cervical cancer, and assist the early detection breast and cervical cancer screening program in implementing policy that follows the best practices of high quality health care for clinical, diagnostic, preventative, pathologic, radiological, and oncology services. The committee will report its recommendations to the legislature by December 15, 2006.

      (14) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to develop and implement best practices in preventative health care for children. The department and the kids get care program of public health - Seattle and King county will work in collaboration with local health care agencies to disseminate strategic interventions that are focused on evidence-based best practices for improving health outcomes in children and saving health-care costs.

      (15) $48,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 1075 (nursing quality commission). If Substitute House Bill No. 1075 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (16) $74,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 1137 (physical therapy). If Substitute House Bill No. 1137 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (17) $109,000 of the health professions account appropriation is provided solely for implementation of House Bill No. 1546 (naturopathic physicians). If House Bill No. 1546 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (18) $80,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 1689 (dental health services). If Substitute House Bill No. 1689 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (19) $42,000 of the general fund--state appropriation for fiscal year 2006 and $24,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1605 (soil contamination). If Engrossed Second Substitute House Bill No. 1605 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (20) $40,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for implementation of Substitute House Bill No. 1951 (vision exams for children). If Substitute House Bill No. 1951 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (21) $43,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for implementation of Engrossed Senate Bill No. 5049 (mold in residential units). If Engrossed Senate Bill No. 5049 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (22) $26,000 of the general fund--state appropriation for fiscal year 2006 and $12,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Senate Bill No. 5311 (autism task force). If Senate Bill No. 5311 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.


      (23) $168,000 of the health services account appropriation is provided solely for a two-year pilot project under which parents have the option to choose vaccines which do not contain mercury.

      NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF CORRECTIONS

      (1) ADMINISTRATION AND SUPPORT SERVICES

General Fund--State Appropriation (FY 2006). . . . . . $52,282,000

General Fund--State Appropriation (FY 2007). . . . . . $41,838,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,022,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $26,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,768,000

Industrial Insurance Account--State Appropriation. . . . . . . .$1,000

                           TOTAL APPROPRIATION. . . . . . . $97,937,000

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

      (a) $11,250,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for phase three of the department's offender-based tracking system replacement project. This amount is conditioned on the department satisfying the requirements of section 902 of this act.

      (b) $26,000 of the general fund--state appropriation for fiscal year 2006 and $44,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 1402 (offender travel or transfer). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (2) CORRECTIONAL OPERATIONS

General Fund--State Appropriation (FY 2006). . . . . $516,992,000

General Fund--State Appropriation (FY 2007). . . . . $545,816,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $4,424,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $2,984,000

                           TOTAL APPROPRIATION. . . . .$1,070,216,000

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

      (a) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following: Lease-develop with the option to purchase or lease-purchase work release beds in facilities throughout the state for $8,561,000.

      (b) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. Any funds generated in excess of actual costs shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.

      (c) The department shall provide funding for the pet partnership program at the Washington corrections center for women at a level at least equal to that provided in the 1995-97 biennium.

      (d) The department shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.

      (e) During the 2005-07 biennium, when contracts are established or renewed for offender pay phone and other telephone services provided to inmates, the department shall select the contractor or contractors primarily based on the following factors: (i) The lowest rate charged to both the inmate and the person paying for the telephone call; and (ii) the lowest commission rates paid to the department, while providing reasonable compensation to cover the costs of the department to provide the telephone services to inmates and provide sufficient revenues for the activities funded from the institutional welfare betterment account.

      (f) The department shall participation in the health technology assessment program required in section 213(6) of this act. The department shall also participate in the joint health purchasing project described in section 213(7) of this act.

      (g) The Harborview medical center shall provide inpatient and outpatient hospital services to offenders confined in department of corrections facilities at a rate no greater than the average rate that the department has negotiated with other community hospitals in Washington state.

      (3) COMMUNITY SUPERVISION

General Fund--State Appropriation (FY 2006). . . . . . $82,210,000

General Fund--State Appropriation (FY 2007). . . . . . $81,646,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,736,000

                           TOTAL APPROPRIATION. . . . . . $180,592,000

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

      (a) The department shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.

      (b) $268,000 of the general fund--state appropriation for fiscal year 2006 and $484,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 1402 (offender travel or transfer). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (c) $122,000 of the general fund--state appropriation for fiscal year 2006 and $82,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1136 (electronic monitoring system). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (4) CORRECTIONAL INDUSTRIES

General Fund--State Appropriation (FY 2006). . . . . . . . .$838,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$882,000

                           TOTAL APPROPRIATION. . . . . . . . $1,720,000

      The appropriations in this subsection are subject to the following conditions and limitations: $110,000 of the general fund--state appropriation for fiscal year 2006 and $110,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for transfer to the jail industries board. The board shall use the amounts provided only for administrative expenses, equipment purchases, and technical assistance associated with advising cities and counties in developing, promoting, and implementing consistent, safe, and efficient offender work programs.

      (5) INTERAGENCY PAYMENTS

General Fund--State Appropriation (FY 2006). . . . . . $33,839,000

General Fund--State Appropriation (FY 2007). . . . . . $33,838,000

                           TOTAL APPROPRIATION. . . . . . . $67,677,000

      NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF SERVICES FOR THE BLIND

General Fund--State Appropriation (FY 2006). . . . . . . $1,887,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,939,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $15,326,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . $80,000

                           TOTAL APPROPRIATION. . . . . . . $19,232,000

      NEW SECTION. Sec. 224. FOR THE SENTENCING GUIDELINES COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . . .$864,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$861,000

                           TOTAL APPROPRIATION. . . . . . . . $1,725,000


      NEW SECTION. Sec. 225. FOR THE EMPLOYMENT SECURITY DEPARTMENT

General Fund--State Appropriation (FY 2006). . . . . . . . . .$60,000

General Fund--State Appropriation (FY 2007). . . . . . . . . .$60,000

General Fund--Federal Appropriation. . . . . . . . . . . . $259,865,000

General Fund--Private/Local Appropriation. . . . . . . . .$31,857,000

Unemployment Compensation Administration Account--

      Federal Appropriation. . . . . . . . . . . . . . . . . . . . . $199,217,000

Administrative Contingency Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$14,946,000

Employment Service Administrative Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$24,411,000

                           TOTAL APPROPRIATION. . . . . . $530,416,000

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

      (1) $2,087,000 of the unemployment compensation administration account--federal appropriation is provided from amounts made available to the state by section 903(d) of the Social Security Act (Reed Act). This amount is provided to replace obsolete information technology infrastructure.

      (2) $12,735,000 of the unemployment compensation administration account--federal appropriation is provided from amounts made available to the state by section 903(d) of the Social Security Act (Reed Act). This amount is authorized for state choice administrative functions. The department shall submit recommendations by September 1, 2007, to the office of financial management and the legislative fiscal committees for options reducing the costs of the state choice administrative functions for the 2007-2009 biennium. If these options require any statutory changes, the department shall submit agency request legislation to the appropriate legislative policy committees and fiscal committees by December 15, 2007.

      (3) $2,300,000 of the unemployment compensation administration account--federal appropriation is provided from amounts made available to the state by section 903(d) of the Social Security Act (Reed Act). This amount is authorized to continue implementation of chapter 4, Laws of 2003 2nd sp. sess. and for implementation costs relating to Engrossed House Bill No. 2255 (unemployment insurance).

      (4) $4,578,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the Social Security Act (Reed Act). These funds are authorized to provide direct services to unemployment insurance claimants and providing job search review.

 

(End of part)

 

PART III

NATURAL RESOURCES

 

      NEW SECTION. Sec. 301. FOR THE COLUMBIA RIVER GORGE COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . . .$471,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$478,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $859,000

                           TOTAL APPROPRIATION. . . . . . . . $1,808,000

      NEW SECTION. Sec. 302. FOR THE DEPARTMENT OF ECOLOGY

General Fund--State Appropriation (FY 2006). . . . . . $40,648,000

General Fund--State Appropriation (FY 2007). . . . . . $40,344,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $73,911,000

General Fund--Private/Local Appropriation. . . . . . . . .$13,287,000

Special Grass Seed Burning Research

      Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$14,000

Reclamation Account--State Appropriation. . . . . . . . . . $2,646,000

Flood Control Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,084,000

State Emergency Water Projects Revolving

      Account--State Appropriation. . . . . . . . . . . . . . . . . $1,456,000

Waste Reduction/Recycling/Litter Control--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15,067,000

State Drought Preparedness Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$221,000

State and Local Improvements Revolving

      Account (Water Supply Facilities)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$384,000

Vessel Response Account--State Appropriation. . . . . . $2,876,000

Site Closure Account--State Appropriation. . . . . . . . . . . .$655,000

Water Quality Account--State Appropriation. . . . . . . .$28,021,000

Wood Stove Education and Enforcement

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$357,000

Worker and Community Right-to-Know

      Account--State Appropriation. . . . . . . . . . . . . . . . . $2,142,000

State Toxics Control Account--State Appropriation. . $78,169,000

State Toxics Control Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$379,000

Local Toxics Control Account--State Appropriation. . .$5,258,000

Water Quality Permit Account--State Appropriation. .$31,909,000

Underground Storage Tank Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,883,000

Environmental Excellence Account--State Appropriation$504,000

Biosolids Permit Account--State Appropriation. . . . . . . . $851,000

Hazardous Waste Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,153,000

Air Pollution Control Account--State Appropriation. .$11,199,000

Oil Spill Prevention Account--State Appropriation. . .$10,219,000

Air Operating Permit Account--State Appropriation. . .$2,679,000

Freshwater Aquatic Weeds Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,534,000

Oil Spill Response Account--State Appropriation. . . . .$7,079,000

Metals Mining Account--State Appropriation. . . . . . . . . . .$14,000

Water Pollution Control Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$413,000

Water Pollution Control Revolving Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,995,000

Freshwater Aquatic Algae Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$509,000

                           TOTAL APPROPRIATION. . . . . . $386,860,000

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

      (1) $2,526,196 of the general fund--state appropriation for fiscal year 2006, $2,526,195 of the general fund--state appropriation for fiscal year 2007, $366,000 of the general fund--federal appropriation, $2,581,000 of the state toxics account--state appropriation, $540,806 of the water quality account--state appropriation, $3,748,220 of the water quality permit account--state appropriation, and $705,000 of the oil spill prevention account are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items DOE-01, DOE-02, DOE-04, DOE-06, DOE-07, DOE-08, and DOE-09.

      (2) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.

      (3) $4,054,000 of the state toxics control account appropriation is provided solely for methamphetamine lab clean-up activities.

      (4) $170,000 of the oil spill prevention account appropriation is provided solely for implementation of the Puget Sound conservation and recovery plan action item UW-02 through a contract with the University of Washington's sea grant program to continue an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.

      (5) $2,500,000 of the general fund--state appropriation for fiscal year 2006 and $2,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for shoreline grants to local governments to implement Substitute Senate Bill No. 6012 (shoreline management), chapter 262, Laws of 2003.

      (6) $156,000 of the general fund--state appropriation for fiscal year 2006 and $144,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to expand the department's pilot program for processing 401 water quality certification projects to a statewide process and timeline to meet improved permit processing accountability and timelines, which will result in 90 percent of routine certifications occurring within 90 days of application, and acknowledgement of receipt of the application being sent within 10 days.

      (7) Fees approved by the department of ecology in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (8) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to support water measurement and water storage components of the Columbia River Initiative Program.

      (9) $661,000 of the reclamation account--state appropriation is provided solely to implement Senate Bill No. 5831 (well construction fees). If the bill is enacted by June 30, 2005, $150,000 from the general fund--state appropriation for fiscal year 2006 and $150,000 from the general fund--state appropriation for fiscal year 2007 provided in this section shall lapse. If the bill is not enacted by June 30, 2005, the amount provided from the reclamation account in this subsection shall lapse.

      (10) $509,000 of the freshwater aquatic algae control account--state is provided solely for implementation of Engrossed Substitute Senate Bill No. 5699 (aquatic invasive species). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (11) $250,000 of the state toxics control account--state appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1605 (soil contamination). If the bill is not enacted by June 30, 2005, the amount in this subsection shall lapse.

      (12) $200,000 of the water quality account--state appropriation is provided solely for the department to contract with the state conservation commission to provide statewide coordination and support for coordinated resource management.

      NEW SECTION. Sec. 303. FOR THE STATE PARKS AND RECREATION COMMISSION

 General Fund--State Appropriation (FY 2006). . . . . .$34,527,000

General Fund--State Appropriation (FY 2007). . . . . . $34,669,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $2,738,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . $71,000

Winter Recreation Program Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,110,000

Off Road Vehicle Account--State Appropriation. . . . . . . $225,000

Snowmobile Account--State Appropriation. . . . . . . . . .$4,805,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$345,000

Parks Renewal and Stewardship Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$38,480,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $47,000

Parks Renewal and Stewardship Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000

                           TOTAL APPROPRIATION. . . . . . $117,317,000

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

      (1) Fees approved by the state parks and recreation commission in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (2) $79,000 of the general fund--state appropriation for fiscal year 2006 and $79,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a grant for the operation of the Northwest avalanche center.

      (3) $191,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action item PRC-02.

      (4) $185,000 of the parks renewal and stewardship account--state appropriation is provided solely to develop a plan for public education and tourist orientation and interpretation at selected state park sites along the route of the ice age floods from Spokane to the Pacific ocean.

      NEW SECTION. Sec. 304. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

General Fund--State Appropriation (FY 2006). . . . . . . $1,401,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,414,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $18,455,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $250,000

Aquatic Lands Enhancement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $254,000

Water Quality Account--State Appropriation. . . . . . . . . . $200,000

Firearms Range Account--State Appropriation. . . . . . . . . .$24,000

Recreation Resources Account--State Appropriation. . .$3,176,000

NOVA Program Account--State Appropriation. . . . . . . . $809,000

                           TOTAL APPROPRIATION. . . . . . . $25,983,000

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

      (1) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.

      (2) $16,025,000 of the general fund--federal appropriation is provided solely for implementation of the forest and fish agreement rules. These funds will be passed through to the department of natural resources and the department of fish and wildlife.

      (3) During the 2005-07 fiscal biennium, any county that purchased land before 1978 for off-road vehicle sports park recreation pursuant to 1972 ex.s. c 153 and 1975 1st ex.s. c 34 may discharge its contractual obligations for state-funded capital improvements on those lands if by no later than June 30, 2007:

      (a) It sells on the open market, at the highest price achievable, all such lands and related facilities and equipment. After deducting reasonable expenses for the cost of sale, all remaining funds will be deposited within thirty days of closing to the nonhighway and off-road vehicle activities program account in the office of the state treasurer. Any funds derived from such sale shall be expended in accordance with RCW 46.09.170(2)(d)(ii)(A) in the same manner as funds the committee receives from RCW 46.09.110 and shall be used for off-road vehicle recreation facilities in areas west of the crest of the Cascade Mountains with preference for developing a new off-road vehicle sports park; or

      (b) With the consent of the interagency committee, it gives all such lands and related facilities and equipment to a state or local agency. The state or local agency must agree to make the lands available for purposes related to motorized off-road vehicle recreation. The agency will not be responsible for contractual obligations for previous state-funded capital improvements on those lands. The interagency committee may award a one time noncompetitive grant to the agency for renovation and other capital improvements and for initial operating costs. If a transfer of property under this subsection (b) is not approved prior to June 30, 2006, then the property shall be sold according to (a) of this subsection.


      (4) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the biodiversity strategy.

      (5) $20,000 of the general fund--state appropriation for fiscal year 2006 and $20,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for coordination of federal, state, tribal, local, and private aquatic monitoring efforts. The department shall provide a memorandum to the office of financial management and legislative fiscal committees in January of every year which specifies performance measures to reduce redundancy, increase efficiency, and help meet the goals and objectives of the various entities involved in monitoring and if these performance measures were met.

      NEW SECTION. Sec. 305. FOR THE ENVIRONMENTAL HEARINGS OFFICE

 General Fund--State Appropriation (FY 2006). . . . . . .$1,057,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,064,000

                           TOTAL APPROPRIATION. . . . . . . . $2,121,000

      NEW SECTION. Sec. 306. FOR THE CONSERVATION COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . $2,235,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,253,000

Water Quality Account--State Appropriation. . . . . . . . .$4,175,000

                           TOTAL APPROPRIATION. . . . . . . . $8,663,000

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

      (1) $197,000 of the general fund--state appropriation for fiscal year 2006 and $197,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action item CC-01.

      (2) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.

      (3) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Substitute House Bill No. 1462 (relating to funding for conservation districts). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 307. FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund--State Appropriation (FY 2006). . . . . . $45,751,000

General Fund--State Appropriation (FY 2007). . . . . . $44,545,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $42,261,000

General Fund--Private/Local Appropriation. . . . . . . . .$36,025,000

Off Road Vehicle Account--State Appropriation. . . . . . . $392,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,813,000

Recreational Fisheries Enhancement--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,547,000

Warm Water Game Fish Account--State Appropriation.$2,898,000

Eastern Washington Pheasant Enhancement

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$750,000

Wildlife Account--State Appropriation. . . . . . . . . . . . $62,776,000

Wildlife Account--Federal Appropriation. . . . . . . . . . $30,966,000

Wildlife Account--Private/Local Appropriation. . . . . .$10,379,000

Game Special Wildlife Account--State Appropriation. .$2,147,000

Game Special Wildlife Account--Federal Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,858,000

Game Special Wildlife Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$468,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$588,000

Environmental Excellence Account--State Appropriation$15,000

Regional Fisheries Salmonid Recovery

      Account--Federal Appropriation. . . . . . . . . . . . . . . $1,755,000

Oil Spill Prevention Account--State Appropriation. . . .$1,040,000

Recreation Resources Account--State Appropriation. . . . . $36,000

Oyster Reserve Land Account--State Appropriation. . . . .$411,000

Freshwater Aquatic Algae Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$750,000

                           TOTAL APPROPRIATION. . . . . . $302,171,000

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

      (1) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.

      (2) $1,556,714 of the general fund--state appropriation for fiscal year 2006 and $1,556,713 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items DFW-01 through DFW-06, DFW-08 through DFW-12, and DFW-16.

      (3) $225,000 of the general fund--state appropriation for fiscal year 2006 and $225,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of hatchery reform recommendations defined by the hatchery scientific review group.

      (4) The department shall support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.

      (5) The department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within the amount provided for the agency, the department shall provide support to the department of health to enforce state shellfish harvest laws.

      (6) $180,000 of the wildlife account--state appropriation is provided solely to test deer and elk for chronic wasting disease and to document the extent of swan lead poisoning. Of this amount, $65,000 is provided solely to document the extent of swan lead poisoning and to begin environmental cleanup.

      (7) The department shall provide quarterly status reports to the office of financial management regarding the replacement of the Washington interactive licensing system and the implementation of the hydraulic permit management system.

      (8) The department shall prepare a report detailing the hydraulic permit approval program applications and project types. The department shall coordinate with the office of financial management in determining the contents of the report. At minimum, the report shall include permits by applicant (name, state, local, federal, tribal entity, etc.), project type (pamphlet, minor, medium, major, extension, revision, etc.) and project location (county and water resource inventory area). The department shall submit the report to the office of financial management and legislative fiscal committees no later than September 1, 2006.

      (9) $1,900,000 of the state wildlife account--state is provided solely to implement Senate Bill No. 5234 (expanding hunter access to private lands). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (10) $72,000 of the state wildlife account--state appropriation is provided solely to implement House Bill No. 1211 (multiple season big game permit). If the bill is not enacted by June 30, 2005, the amount provided in this section shall lapse.

      (11) $75,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for a grant to the grizzly bear outreach project to disseminate accurate information about grizzly bears and the grizzly bear recovery process in the north Cascades mountains.


      (12) $750,000 of the freshwater aquatic algae control account--state appropriation is provided solely to implement Senate Bill No. 5699 (preventing and controlling aquatic invasive species and algae). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (13) $703,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to purchase six purse seine and three gill net licenses to meet the provisions of the United States/Canada salmon treaty.

      (14) $50,000 of the wildlife account--state appropriation is provided solely for reimbursements for damage to commercial livestock caused by cougars.

      (15) $10,000 of the general fund--state appropriation for fiscal year 2006 and $10,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for chum salmon production at Minter creek hatchery.

      (16) $45,000 of the general fund--federal appropriation for fiscal year 2006 and $45,000 of the general fund--federal appropriation for fiscal year 2007 are provided solely for the management of Canada goose seasons to increase the number of hunting days in southwest Washington.

      (17) $46,000 of the wildlife account--state appropriation is provided solely to increase the number of courses providing the hunter education training program created in RCW 77.32.155. The department shall reduce the current backlog of applicants waiting to take the training program and provide for a stable supply of training program courses in order to avoid future backlogs.

      (18) $481,000 of the wildlife account--state appropriation is provided solely to continued operation of the Naselle Hatchery during the 2005-07 biennium. This will increase production by 3 million Chinook, 1 million Coho, and 30,000 trout.

      (19) $120,000 of the wildlife account--state appropriation is provided solely to implement Senate Bill No. 5232 (turkey tags). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (20) $223,000 of the wildlife account--state appropriation is provided solely to implement Senate Bill No. 5227 (wildlife harvest reports). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (21) $4,000 of the wildlife account--state appropriation is provided solely to implement House Bill No. 1210 (temporary fishing license). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 308. FOR THE DEPARTMENT OF NATURAL RESOURCES

General Fund--State Appropriation (FY 2006). . . . . . $49,220,000

General Fund--State Appropriation (FY 2007). . . . . . $43,757,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $15,202,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,275,000

Forest Development Account--State Appropriation. . .$54,441,000

Off-Road Vehicle Account--State Appropriation. . . . . .$3,986,000

Surveys and Maps Account--State Appropriation. . . . . $2,436,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,344,000

Resources Management Cost Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$85,941,000

Surface Mining Reclamation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,841,000

Disaster Response Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

Water Quality Account--State Appropriation. . . . . . . . .$2,630,000

Aquatic Land Dredged Material Disposal Site

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$652,000

Natural Resources Conservation Areas Stewardship

      Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$34,000

State Toxics Control Account--State Appropriation. . . $2,155,000

Air Pollution Control Account--State Appropriation. . . . $555,000

Derelict Vessel Removal Account--State Appropriation$1,137,000

Agricultural College Trust Management

      Account--State Appropriation. . . . . . . . . . . . . . . . . $1,962,000

                           TOTAL APPROPRIATION. . . . . . $280,568,000

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

      (1) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.

      (2) $18,000 of the general fund--state appropriation for fiscal year 2006, $18,000 of the general fund--state appropriation for fiscal year 2007, and $1,652,050 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items DNR-01 and DNR-02.

      (3) $138,000 of the resource management cost account--state appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1896 (geoduck harvest). If the bill is not enacted by June 30, 2005, the amount in the subsection shall lapse.

      (4) $953,000 of the general fund--state appropriation for fiscal year 2006 and $950,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for deposit into the agricultural college trust management account and are provided solely to manage approximately 70,700 acres of Washington State University's agricultural college trust lands.

      (5) $10,635,000 of the general fund--state appropriation for fiscal year 2006, $13,635,000 of the general fund--state appropriation for fiscal year 2007, and $5,000,000 of the disaster response account--state appropriation are provided solely for emergency fire suppression. Of these amounts, up to $250,000 may be expended for staff and other necessary resources to design and implement a fire data-collection system that includes financial- and performance-management information for fires over 10 acres in size.

      None of the general fund and disaster response account amounts provided in this subsection may be used to fund agency indirect and administrative expenses. Agency indirect and administrative costs shall be allocated among the agency's remaining accounts and appropriations.

      (6) $582,000 of the aquatic lands enhancement account appropriation is provided solely for spartina control.

      (7) Fees approved by the board of natural resources in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (8) $9,000,000 of the general fund--state appropriation for fiscal year 2006 and $2,000,000 of the aquatic lands enhancement account--state appropriation are provided solely for the purposes of settling those claims identified in the consent decree and settlement agreement in U.S., et al. v. State of Washington, et al. Subproceeding No. 89-3 (Shellfish), United States District Court for the Western District of Washington at Seattle, Case No. C70-9213. The expenditure of this appropriation is contingent on the release of those claims in this subproceeding. In the event that the federal government does not appropriate $22,000,000 for this purpose by June 30, 2006, the amounts provided in this subsection shall lapse.

      (9) $2,155,000 of the state toxics account--state appropriation is provided solely for the department to meet its obligations with the U.S. environmental protection agency for the clean-up of Commencement Bay and other sites.

      (10) The department shall not develop the Gull Harbor facility without first submitting a master plan to the appropriate committees of the legislature. The plan shall ensure continued public access to the waterfront. The plan shall also examine alternative locations to the Gull Harbor site that would colocate marine equipment for all state agencies needing water access in Thurston county. The report shall be submitted by December 1, 2006.

      (11) $250,000 of the general fund--state appropriation for fiscal year 2006, $250,000 of the general fund--state appropriation for fiscal year 2007, and $500,000 of the resource management cost account--state appropriation are provided solely for a report on the future of Washington forests. The purpose of the report is to examine economic, recreational, and environmental trends influencing the forest products industry and secondary manufacturing sectors in Washington state. The department shall contract with the University of Washington college of forestry resources. The college shall consult with the University of Washington economics department for the section on investment returns from granted lands. The report shall contain the following parts:

      (a) An update of the 1992 timber supply study for Washington state that was conducted by the University of Washington. The update may be accomplished by reviewing the most recent similar data available in existing reports, examining a sample of the original 1992 study sample of lands, and through other existing data sources that may reveal relevant trends and changes since 1992.

      (b) An independent assessment of the economic contribution of the forest products industry, and secondary manufacturing sectors, to the state. This assessment will also examine some of the macroeconomic trends likely to affect the industry in the future.

      (c) A comparison of the competitive position of Washington's forest products industry globally, and with other leading forest products states, or regions, of the United States. This evaluation should compare the relative tax burden for growing and harvesting timber between the states or regions and the relative cost of adhering to regulations, and identify the competitive advantages of each state or region.

      (d) An assessment of the trends and dynamics that commercial and residential development play in the conversion of the state's forests to nonforestry uses. The assessment will involve gathering relevant data, reviewing that data, and analyzing the relationship between development and the conversion of forest land uses.

      (e) Recommendations on: (i) Policy changes that would enhance the competitive position of Washington's forest products industry in Washington state; (ii) policy changes that would, to the extent possible, ensure that a productive forest land base continues to be managed for forest products, recreation, and environmental and other public benefits into the future; and (iii) policy changes that would enhance the recreational opportunities on working forest lands in the state.

      (f) Based on the information derived from (a) through (d) of this subsection, an assessment of the expected rate of return from state granted lands. This section of the reports shall also review reports prepared by the department over the past ten years that describe the investment returns from granted lands. The review of these previous reports shall compare and critique the methodology and indicators used to report investment returns. The review shall recommend appropriate measures of investment returns from granted lands.

      (g) Analyze and recommend policies and programs to assist Cascade foothills area landowners and communities in developing and implementing innovative approaches to retaining traditional forestry while at the same time accommodating new uses that strengthen the economic and natural benefits from forest lands. For the purposes of this section, the Cascade foothills area generally encompasses the nonurbanized lands within the Cascade mountain range and drainages lying between three hundred and three thousand feet above mean sea level, and located within Whatcom, Skagit, Snohomish, King, Pierce, Thurston, and Lewis counties.

      (12) $4,000 of the general fund--state appropriation for fiscal year 2005 and $4,000 of the general fund--state appropriation for fiscal year 2006 are provided solely to compensate the forest board trust for a portion of the lease to the Crescent television improvement district consistent with RCW 79.13.520.

      NEW SECTION. Sec. 309. FOR THE DEPARTMENT OF AGRICULTURE

General Fund--State Appropriation (FY 2006). . . . . . $11,000,000

General Fund--State Appropriation (FY 2007). . . . . . $10,443,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $10,608,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $413,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,986,000

Water Quality Account--State Appropriation. . . . . . . . . . $968,000

State Toxics Control Account--State Appropriation. . . $3,416,000

Water Quality Permit Account--State Appropriation. . . . $238,000

                           TOTAL APPROPRIATION. . . . . . . $39,072,000

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

      (1) $37,000 of the general fund--state appropriation for fiscal year 2006 and $37,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of the Puget Sound conservation and recovery plan and agency action item WSDA-01.

      (2) Fees and assessments approved by the department in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (3) Within funds appropriated in this section, the department, in addition to the authority provided in RCW 17.26.007, may enter into agreements with federal agencies to eradicate spartina from private lands that may provide a source of reinfestation to public lands.

      (4) $36,000 of the general fund--state appropriation for fiscal year 2006 and $37,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for an economic impact study of fairs in the state of Washington.

      (5) $12,000 of the general fund--state appropriation for fiscal year 2006 and $13,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for indemnity payments for poultry that are ordered by the department to be slaughtered or destroyed.

      (6) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for market promotion and trade barrier grants.

      (7) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the small farm and direct marketing program.

      (8) $466,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to complete a database application that would consolidate program information and enable the department to more effectively respond to a food safety or animal disease emergency.

      (9) $150,000 of the general fund--state appropriation for fiscal year 2006 and $150,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement the Washington wine brand campaign.

      (10) The department shall consult with affected agricultural industries before fees for fruit and vegetable inspections may be raised. The consultation shall include a review of current inspection services, the cost of providing those services, and the discontinuation of unnecessary services.


      NEW SECTION. Sec. 310. FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM Pollution Liability Insurance Program Trust

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$861,000

 

(End of part)

 

PART IV

TRANSPORTATION

 

      NEW SECTION. Sec. 401. FOR THE DEPARTMENT OF LICENSING

General Fund--State Appropriation (FY 2006). . . . . . . $1,886,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,787,000

Architects' License Account--State Appropriation. . . . . . $728,000

Cemetery Account--State Appropriation. . . . . . . . . . . . . .$224,000

Professional Engineers' Account--State Appropriation$3,179,000

Real Estate Commission Account--State Appropriation$7,583,000

Master License Account--State Appropriation. . . . . . .$11,593,000

Uniform Commercial Code Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,936,000

Real Estate Education Account--State Appropriation. . . .$275,000

Real Estate Appraiser Commission

      Account--State Appropriation. . . . . . . . . . . . . . . . . $1,345,000

Business and Professions Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,927,000

Real Estate Research Account--State Appropriation. . . . .$301,000

Wildlife Account--State Appropriation. . . . . . . . . . . . . . . .$13,000

Funeral Directors and Embalmers

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$534,000

Geologists' Account--State Appropriation. . . . . . . . . . . . . .$34,000

Data Processing Revolving Account--State Appropriation.$29,000

Derelict Vessel Removal Account--State Appropriation. . .$31,000

                           TOTAL APPROPRIATION. . . . . . . $40,405,000

      (1) The appropriations in this section are subject to the following conditions and limitations: In accordance with RCW 43.24.086, it is the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. For each licensing program covered by RCW 43.24.086, the department shall set fees at levels sufficient to fully cover the cost of administering the licensing program, including any costs associated with policy enhancements funded in the 2005-07 fiscal biennium. Pursuant to RCW 43.135.055, during the 2005-07 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs.

      (2) $7,685,000 of the business and professions account--state appropriation is subject to enactment of Substitute House Bill No. 1394 (business and professions account). If the bill is not enacted by June 30, 2005, the appropriations out of this account shall be made from the general fund.

      (3) $1,653,000 of the master license account--state appropriation is subject to enactment of House Bill No. 2131 (master licensing service). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (4) $34,000 of the general fund--state appropriation for fiscal year 2006 are subject to enactment of House Bill No. 1241 (vehicle licensing and registration). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (5) $180,000 of the real estate appraiser commission account--state appropriation is provided solely to implement Senate Bill No. 5274 (real estate appraisers). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      NEW SECTION. Sec. 402. FOR THE STATE PATROL

General Fund--State Appropriation (FY 2006). . . . . . $36,089,000

General Fund--State Appropriation (FY 2007). . . . . . $30,702,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $4,356,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $595,000

Death Investigations Account--State Appropriation. . . .$5,615,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,941,000

Enhanced 911 Account--State Appropriation. . . . . . . . . . $573,000

County Criminal Justice Assistance

      Account--State Appropriation. . . . . . . . . . . . . . . . . $2,883,000

Municipal Criminal Justice Assistance

      Account--State Appropriation. . . . . . . . . . . . . . . . . $1,154,000

Fire Service Trust Account--State Appropriation. . . . . . . $131,000

Fire Service Training Account--State Appropriation. . .$7,550,000

State Toxics Control Account--State Appropriation. . . . .$468,000

Violence Reduction and Drug Enforcement

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$313,000

Fingerprint Identification

      Account--State Appropriation. . . . . . . . . . . . . . . . . $6,257,000

Disaster Response Account--State Appropriation. . . . . . . . .$2,000

DNA Data Base Account--State Appropriation. . . . . . . . .$150,000

Aquatic Invasive Species Prevention Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$222,000

                           TOTAL APPROPRIATION. . . . . . $102,001,000

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

      (1) $200,000 of the fire service training account--state appropriation is provided solely for two FTEs in the office of state fire marshal to exclusively review K-12 construction documents for fire and life safety in accordance with the state building code. It is the intent of this appropriation to provide these services only to those districts that are located in counties without qualified review capabilities.

      (2) $222,000 of the aquatic invasive species prevention account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5699 (aquatic invasive species). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      (3) $250,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the implementation of Engrossed House Bill No. 1241 (vehicle licensing and registration). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

 

(End of part)

 

PART V

EDUCATION

 

      NEW SECTION. Sec. 501. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

      (1) STATE AGENCY OPERATIONS

General Fund--State Appropriation (FY 2006). . . . . . $12,946,000

General Fund--State Appropriation (FY 2007). . . . . . $12,870,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $30,248,000

                           TOTAL APPROPRIATION. . . . . . . $56,064,000

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

      (a) $10,836,000 of the general fund--state appropriation for fiscal year 2006 and $10,910,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the operation and expenses of the office of the superintendent of public instruction. Within the amounts provided in this subsection, the superintendent shall recognize the extraordinary accomplishments of four students who have demonstrated a strong understanding of the civics essential learning requirements to receive the Daniel J. Evans civic education award. The students selected for the award must demonstrate understanding through completion of at least one of the classroom-based civics assessment models developed by the superintendent of public instruction, and through leadership in the civic life of their communities. The superintendent shall select two students from eastern Washington and two students from western Washington to receive the award, and shall notify the governor and legislature of the names of the recipients.

      (b) $428,000 of the general fund--state appropriation for fiscal year 2006 and $428,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.

      (c) $509,000 of the general fund--state appropriation for fiscal year 2006 and $504,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the operation and expenses of the Washington professional educator standards board. Within the amounts provided in this subsection, the Washington professional educator standards board shall pursue the implementation of recent study recommendations including: (i) Revision of teacher mathematics endorsement competencies and alignment of teacher tests to the updated competencies, and (ii) development of mathematics specialist endorsement.

      (d) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for increased attorney general fees related to School Districts' Alliance for Adequate Funding of Special Education et al. v. State of Washington et al., Thurston County Superior Court Cause No. 04-2-02000-7.

      (e) $950,000 of the general fund--state appropriation for fiscal year 2006 and $950,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for replacement of the apportionment system, which includes the processes that collect school district budget and expenditure information, staffing characteristics, and the student enrollments that drive the funding process.

      (f)(i) $45,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the office of the superintendent of public instruction and the department of health to collaborate and develop a work group to assess school nursing services in class I school districts. The work group shall consult with representatives from the following groups: School nurses, schools, students, parents, teachers, health officials, and administrators. The work group shall:

      (A) Study the need for additional school nursing services by gathering data about current school nurse-to-student ratios in each class I school district and assessing the demand for school nursing services by acuity levels and the necessary skills to meet those demands. The work group also shall recommend to the legislature best practices in school nursing services, including a dedicated, sustainable funding model that would best meet the current and future needs of Washington's schools and contribute to greater academic success of all students. The work group shall make recommendations for school nursing services, and may examine school nursing services by grade level. The work group shall assess whether funding for school nurses should continue as part of basic education; and

      (B) In collaboration with managed care plans that contract with the department of social and health services medical assistance administration to provide health services to children participating in the medicaid and state children's health insurance program, identify opportunities to improve coordination of and access to health services for low-income children through the use of school nurse services. The work group shall evaluate the feasibility of pooling school district and managed care plan funding to finance school nurse positions in school districts with high numbers of low-income children.

      (ii) The office of superintendent of public instruction shall report the work group's findings and plans for implementation to the legislature by February 1, 2006.

      (g) $78,000 of the general fund--state appropriation for fiscal year 2006 and $78,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to provide direct services and support to schools around an integrated, interdisciplinary approach to instruction in conservation, natural resources, sustainability, and human adaptation to the environment. Specific integration efforts will focus on science, math, and the social sciences. Integration between basic education and career and technical education, particularly agricultural and natural sciences education, is to be a major element.

      (2) STATEWIDE PROGRAMS

General Fund--State Appropriation (FY 2006). . . . . . $10,192,000

General Fund--State Appropriation (FY 2007). . . . . . $10,155,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $47,465,000

                           TOTAL APPROPRIATION. . . . . . . $67,812,000

      The appropriations in this subsection are provided solely for the statewide programs specified in this subsection and are subject to the following conditions and limitations:

      (a) HEALTH AND SAFETY

      (i) A maximum of $2,541,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $2,541,000 of the general fund--state appropriation for fiscal year 2007 are provided for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.

      (ii) A maximum of $96,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $96,000 of the general fund-- state appropriation for fiscal year 2007 are provided for the school safety center in the office of the superintendent of public instruction subject to the following conditions and limitations:

      (A) The safety center shall: Disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.

      (B) The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel.

      (iii) A maximum of $100,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $100,000 of the general fund--state appropriation for fiscal year 2007 are provided for a school safety training program provided by the criminal justice training commission. The commission, in collaboration with the school safety center advisory committee, shall provide the school safety training for all school administrators and school safety personnel, including school safety personnel hired after the effective date of this section.

      (iv) $40,000 of the general fund--state appropriation is provided solely for the safety center advisory committee to develop and distribute a pamphlet to promote internet safety for children, particularly in grades seven through twelve. The pamphlet shall be posted on the superintendent of public instruction's web site. To the extent possible, the pamphlet shall be distributed in schools throughout the state and in other areas accessible to youth, including but not limited to libraries and community centers.


      (v) $11,600,000 of the general fund--federal appropriation is provided for safe and drug free schools and communities grants for drug and violence prevention activities and strategies.

      (vi) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2007 are provided for a nonviolence and leadership training program provided by the institute for community leadership. The program shall provide a request for proposal process, with up to 80 percent funding, for nonviolence leadership workshops serving at least 12 school districts with direct programming in 36 elementary, middle, and high schools throughout Washington state.

      (b) TECHNOLOGY

      A maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2007 are provided for K-20 telecommunications network technical support in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network.

      (c) GRANTS AND ALLOCATIONS

      (i) $787,000 of the fiscal year 2006 appropriation and $799,000 of the fiscal year 2007 appropriation are provided solely for the special services pilot projects. The office of the superintendent of public instruction shall allocate these funds to the district or districts participating in the pilot program according to the provisions of RCW 28A.630.015.

      (ii) A maximum of $548,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $548,000 of the general fund--state appropriation for fiscal year 2007 are provided for alternative certification routes. Funds may be used by the professional educator standards board to continue existing alternative-route grant programs and to create new alternative-route programs in regions of the state with service shortages.

      (iii) A maximum of $31,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $31,000 of the general fund--state appropriation for fiscal year 2007 are provided for operation of the Cispus environmental learning center.

      (iv) A maximum of $1,224,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $1,224,000 of the general fund--state appropriation for fiscal year 2007 are provided for in-service training and educational programs conducted by the Pacific Science Center.

      (v) A maximum of $1,079,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $1,079,000 of the general fund--state appropriation for fiscal year 2007 are provided for the Washington state leadership assistance for science education reform (LASER) regional partnership coordinated at the Pacific Science Center.

      (vi) A maximum of $97,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $97,000 of the general fund--state appropriation for fiscal year 2007 are provided to support vocational student leadership organizations.

      (vii) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2007 are provided for the Washington civil liberties education program.

      (viii) $1,000,000 of the general fund--state appropriation for fiscal year 2006 and $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Washington state achievers scholarship program. The funds shall be used to support community involvement officers that recruit, train, and match community volunteer mentors with students selected as achievers scholars.

      (ix) $1,521,000 of the general fund--federal appropriation is provided for the advanced placement fee program to increase opportunities for low-income students and under-represented populations to participate in advanced placement courses and to increase the capacity of schools to provide advanced placement courses to students.

      (x) $8,292,000 of the general fund--federal appropriation is provided for comprehensive school reform demonstration projects to provide grants to low-income schools for improving student achievement through adoption and implementation of research-based curricula and instructional programs.

      (xi) $19,587,000 of the general fund--federal appropriation is provided for 21st century learning center grants, providing after-school and inter-session activities for students.

      (xii) $383,000 of the general fund--state appropriation for fiscal year 2006 and $294,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Lorraine Wojahn dyslexia pilot reading program in up to five school districts.

      (xiii) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for developing and disseminating curriculum and other materials documenting women's role in World War II.

      NEW SECTION. Sec. 502. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT

General Fund--State Appropriation (FY 2006). . . .$4,180,957,000

General Fund--State Appropriation (FY 2007). . . .$4,243,010,000

                           TOTAL APPROPRIATION. . . . .$8,423,967,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) Allocations for certificated staff salaries for the 2005-06 and 2006-07 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:

      (a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:

      (i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;

      (ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3;

      (iii) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12; and

      (iv) An additional 4.2 certificated instructional staff units for grades K-3 and an additional 7.2 certificated instructional staff units for grade 4. Any funds allocated for the additional certificated units provided in this subsection (iv) shall not be considered as basic education funding;

      (A) Funds provided under this subsection (2)(a)(iv) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio in grades K-4 equal to or greater than 53.2 certificated instructional staff per thousand full-time equivalent students. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-4 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;

      (B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-4 may dedicate up to 1.3 of the 53.2 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-4. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;

      (C) Any district maintaining a ratio in grades K-4 equal to or greater than 53.2 certificated instructional staff per thousand full-time equivalent students may use allocations generated under this subsection (2)(a)(iv) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 5-6. Funds allocated under this subsection (2)(a)(iv) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants;

      (b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month;

      (c)(i) On the basis of full-time equivalent enrollment in:

      (A) Vocational education programs approved by the superintendent of public instruction, a maximum of 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 19.5 full-time equivalent vocational students; and

      (B) Skills center programs meeting the standards for skills center funding established in January 1999 by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students;

      (ii) Vocational full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported vocational enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support; and

      (iii) Indirect cost charges by a school district to vocational-secondary programs shall not exceed 15 percent of the combined basic education and vocational enhancement allocations of state funds;

      (d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:

      (i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and

      (ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;

      (e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:

      (i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and

      (ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;

      (f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:

      (i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;

      (ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.

      Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students;

      (g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit; and

      (h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.

      (3) Allocations for classified salaries for the 2005-06 and 2006-07 school years shall be calculated using formula-generated classified staff units determined as follows:

      (a) For enrollments generating certificated staff unit allocations under subsection (2)(d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections;

      (b) For all other enrollment in grades K-12, including vocational full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and

      (c) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.

      (4) Fringe benefit allocations shall be calculated at a rate of 10.90 percent in the 2005-06 school year and 11.90 percent in the 2006-07 school year for certificated salary allocations provided under subsection (2) of this section, and a rate of 14.57 percent in the 2005-06 school year and 15.82 percent in the 2006-07 school year for classified salary allocations provided under subsection (3) of this section.

      (5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows:

      (a) The number of certificated staff units determined in subsection (2) of this section; and

      (b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent.

      (6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(a), (b), and (d) through (h) of this section, there shall be provided a maximum of $9,112 per certificated staff unit in the 2005-06 school year and a maximum of $9,285 per certificated staff unit in the 2006-07 school year.

      (b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(A) of this section, there shall be provided a maximum of $22,377 per certificated staff unit in the 2005-06 school year and a maximum of $22,802 per certificated staff unit in the 2006-07 school year.

      (c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(B) of this section, there shall be provided a maximum of $17,362 per certificated staff unit in the 2005-06 school year and a maximum of $17,692 per certificated staff unit in the 2006-07 school year.

      (7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $531.09 for the 2005-06 and 2006-07 school years per allocated classroom teachers exclusive of salary increase amounts provided in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported statewide for the prior school year.

      (8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.

      (9) The superintendent may distribute a maximum of $7,621,000 outside the basic education formula during fiscal years 2006 and 2007 as follows:

      (a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $513,000 may be expended in fiscal year 2006 and a maximum of $523,000 may be expended in fiscal year 2007;

      (b) For summer vocational programs at skills centers, a maximum of $2,035,000 may be expended for the 2006 fiscal year and a maximum of $2,035,000 for the 2007 fiscal year;

      (c) A maximum of $365,000 may be expended for school district emergencies;

      (d) A maximum of $485,000 each fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs; and

      (e) $394,000 of the general fund--state appropriation for fiscal year 2006 and $787,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for incentive grants to encourage school districts to increase enrollment in vocational skills centers. Up to $500 for each full-time equivalent student may be proportionally distributed to a school district or school districts increasing skills centers enrollment above the levels in the 2004-05 school year. The office of the superintendent of public instruction shall develop criteria for awarding incentive grants pursuant to this subsection. The total amount allocated pursuant to this subsection shall be limited to $1,181,000 for the 2005-07 biennium.

      (10) For purposes of RCW 84.52.0531, the increase per full-time equivalent student is 5.2 percent from the 2004-05 school year to the 2005-06 school year and 3.4 percent from the 2005-06 school year to the 2006-07 school year.

      (11) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2)(b) through (h) of this section, the following shall apply:

      (a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and

      (b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2)(a) through (h) of this section shall be reduced in increments of twenty percent per year.

      NEW SECTION. Sec. 503. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION. (1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:

      (a) Salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 12E by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP Document 1Sb; and

      (b) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12E.

      (2) For the purposes of this section:

      (a) "LEAP Document 1Sb" means the computerized tabulation establishing staff mix factors for certificated instructional staff according to education and years of experience, as developed by the legislative evaluation and accountability program committee on March 18, 2005, at 10:00 hours; and

      (b) "LEAP Document 12E" means the computerized tabulation of 2005-06 and 2006-07 school year salary allocations for certificated administrative staff and classified staff and derived and total base salaries for certificated instructional staff as developed by the legislative evaluation and accountability program committee on April 6, 2005, at 10:00 hours.

      (3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 10.26 percent for school year 2005-06 and 11.26 percent for school year 2006-07 for certificated staff and for classified staff 11.07 percent for school year 2005-06 and 12.32 percent for the 2006-07 school year.

      (4)(a) Pursuant to RCW 28A.150.410, the following state-wide salary allocation schedules for certificated instructional staff are established for basic education salary allocations:

K-12 Salary Allocation Schedule For Certificated Instructional Staff

2005-06 School Year

Years of

 

 

 

 

 

 

 

 

 

MA+90

Service

 

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

or PHD

0

 

30,383

31,204

32,054

32,906

35,640

37,401

36,426

39,161

40,924

1

 

30,792

31,624

32,485

33,375

36,137

37,889

36,831

39,594

41,345

2

 

31,181

32,022

32,892

33,850

36,605

38,375

37,239

39,994

41,764

3

 

31,583

32,431

33,311

34,299

37,049

38,861

37,626

40,373

42,187

4

 

31,977

32,862

33,747

34,770

37,536

39,361

38,031

40,796

42,623

5

 

32,384

33,273

34,167

35,247

38,002

39,864

38,442

41,199

43,061

6

 

32,802

33,672

34,596

35,729

38,472

40,344

38,864

41,607

43,478

7

 

33,536

34,420

35,356

36,551

39,334

41,258

39,655

42,437

44,362

8

 

34,612

35,543

36,502

37,796

40,616

42,611

40,899

43,720

45,714

9

 

 

36,707

37,713

39,054

41,940

44,002

42,156

45,044

47,106

10

 

 

 

38,938

40,376

43,301

45,432

43,479

46,405

48,535

11

 

 

 

 

41,737

44,726

46,900

44,840

47,830

50,003

12

 

 

 

 

43,055

46,189

48,428

46,255

49,292

51,532

13

 

 

 

 

 

47,688

49,993

47,720

50,791

53,096

14

 

 

 

 

 

49,194

51,618

49,227

52,396

54,721

15

 

 

 

 

 

50,474

52,961

50,507

53,758

56,144

16 or more

 

 

 

51,483

54,019

51,517

54,833

57,266

K-12 Salary Allocation Schedule For Certificated Instructional Staff

2006-07 School Year

Years of

 

 

 

 

 

 

 

 

 

MA+90

Service

 

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

or PHD

0

 

30,900

31,735

32,599

33,466

36,247

38,038

37,046

39,827

41,620

1

 

31,316

32,162

33,038

33,942

36,752

38,534

37,458

40,268

42,048

2

 

31,712

32,566

33,451

34,426

37,228

39,028

37,873

40,674

42,475

3

 

32,121

32,983

33,878

34,883

37,679

39,523

38,266

41,060

42,905

4

 

32,521

33,421

34,321

35,362

38,174

40,031

38,678

41,491

43,348

5

 

32,935

33,840

34,748

35,846

38,649

40,543

39,097

41,900

43,794

6

 

33,360

34,245

35,185

36,337

39,127

41,031

39,526

42,315

44,218

7

 

34,107

35,005

35,957

37,173

40,003

41,960

40,330

43,159

45,116

8

 

35,201

36,148

37,123

38,439

41,307

43,336

41,594

44,464

46,492

9

 

 

37,332

38,355

39,718

42,654

44,751

42,873

45,810

47,908

10

 

 

 

39,601

41,063

44,038

46,205

44,219

47,194

49,361

11

 

 

 

 

42,448

45,487

47,698

45,603

48,644

50,853

12

 

 

 

 

43,788

46,975

49,252

47,042

50,131

52,409

13

 

 

 

 

 

48,499

50,844

48,532

51,655

54,000

14

 

 

 

 

 

50,031

52,496

50,065

53,287

55,652

15

 

 

 

 

 

51,333

53,862

51,366

54,673

57,099

16 or more

 

 

 

52,359

54,938

52,393

55,766

58,241

      (b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.

      (c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:

      (i) Credits earned since receiving the masters degree; and

      (ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree.

      (5) For the purposes of this section:

      (a) "BA" means a baccalaureate degree.

      (b) "MA" means a masters degree.

      (c) "PHD" means a doctorate degree.

      (d) "Years of service" shall be calculated under the same rules adopted by the superintendent of public instruction.

      (e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 and 28A.415.023.

      (6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:

      (a) The employee has a masters degree; or

      (b) The credits were used in generating state salary allocations before January 1, 1992.

      (7) The certificated instructional staff base salary specified for each district in LEAP Document 12E and the salary schedules in subsection (4)(a) of this section include two learning improvement days. A school district is eligible for the learning improvement day funds only if the learning improvement days have been added to the 180-day contract year. If fewer days are added, the additional learning improvement allocation shall be adjusted accordingly. The additional days shall be limited to specific activities identified in the state required school improvement plan related to improving student learning that are consistent with education reform implementation, and shall not be considered part of basic education. The principal in each school shall assure that the days are used to provide the necessary school-wide, all staff professional development that is tied directly to the school improvement plan. The school principal and the district superintendent shall maintain documentation as to their approval of these activities. The length of a learning improvement day shall not be less than the length of a full day under the base contract. The superintendent of public instruction shall ensure that school districts adhere to the intent and purposes of this subsection.

      (8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2) and subsection (7) of this section.

      NEW SECTION. Sec. 504. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS

General Fund--State Appropriation (FY 2006). . . . .$73,981,000

General Fund--State Appropriation (FY 2007). . . .$186,968,000

Education Legacy Trust Account--State Appropriation.$470,000


General Fund--Federal Appropriation. . . . . . . . . . . . . . $864,000

                           TOTAL APPROPRIATION. . . . .$262,283,000

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

      (1) $135,669,000 is provided for a cost of living adjustment of 1.2 percent effective September 1, 2005, and another 1.7 percent effective September 1, 2006, for state formula staff units. The appropriations include associated incremental fringe benefit allocations at rates of 10.26 percent for the 2005-06 school year and 11.26 percent for the 2006-07 school year for certificated staff and 11.07 percent for the 2005-06 school year and 12.32 percent for the 2006-07 school year for classified staff.

      (a) The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in part V of this act. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in sections 502 and 503 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in sections 502 and 503 of this act.

      (b) The appropriations in this section provide cost of living and incremental fringe benefit allocations based on formula adjustments as follows:

 

School Year

 

  

2005-06

2006-07

Pupil Transportation (per weighted pupil mile)

$0.28

 

$0.68

 

Highly Capable (per formula student)

$2.96

 

$7.26

 

Transitional Bilingual Education (per eligible bilingual student)

$7.92

 

$19.44

 

Learning Assistance (per formula student)

$1.69

 

$4.14

 

      (c) The appropriations in this section include $251,000 for fiscal year 2006 and $676,000 for fiscal year 2007 for salary increase adjustments for substitute teachers.

      (2) $126,614,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $582.47 per month for the 2005-06 and 2006-07 school years. The appropriations in this section provide for a rate increase to $629.07 per month for the 2005-06 school year and $679.39 per month for the 2006-07 school year. The adjustments to health insurance benefit allocations are at the following rates:

 

School Year

 

2005-06

2006-07

Pupil Transportation (per weighted pupil mile)

$0.42

 

$0.88

 

Highly Capable (per formula student)

$2.89

 

$5.97

 

Transitional Bilingual Education (per eligible bilingual student)

$7.54

 

$15.69

 

Learning Assistance (per formula student)

$1.49

 

$3.11

 

 


      (3) The rates specified in this section are subject to revision each year by the legislature.

      NEW SECTION. Sec. 505. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION

General Fund--State Appropriation (FY 2006). . . .$242,170,000

General Fund--State Appropriation (FY 2007). . . .$248,575,000

                           TOTAL APPROPRIATION. . . . .$490,745,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) A maximum of $796,000 of this fiscal year 2006 appropriation and a maximum of $812,000 of the fiscal year 2007 appropriation may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.

      (3) $5,000 of the fiscal year 2006 appropriation and $5,000 of the fiscal year 2007 appropriation are provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons.

      (4) Allocations for transportation of students shall be based on reimbursement rates of $41.51 per weighted mile in the 2005-06 school year and $42.01 per weighted mile in the 2006-07 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction multiplied by the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school multiplied by the per mile reimbursement rate for the school year multiplied by 1.29.

      (5) For busses purchased between July 1, 2005, and June 30, 2007, the office of superintendent of public instruction shall provide reimbursement funding to a school district only after the superintendent of public instruction determines that the school bus was purchased from the list established pursuant to RCW 28A.160.195(2) or a comparable competitive bid process based on the lowest price quote based on similar bus categories to those used to establish the list pursuant to RCW 28A.160.195. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts.

      (6) Beginning with the 2005-06 school year, the superintendent of public instruction shall base depreciation payments for school district buses on the five-year average of lowest bids in the appropriate category of bus. In the final year on the depreciation schedule, the depreciation payment shall be based on the current state price. The superintendent may include a weighting or other adjustment factor in the averaging formula to ease the transition from the current-price depreciation system to the average depreciation system. Prior to making any depreciation payment in the 2005-06 school year, the superintendent shall notify the office of financial management and the fiscal committees of the legislature of the specific depreciation formula to be used. The replacement cost shall be based on the lowest bid in the appropriate bus category for that school year. A maximum of $50,000 of the fiscal year 2006 appropriation may be expended for software programming costs associated with the implementation of this subsection.

      NEW SECTION. Sec. 506. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMS

General Fund--State Appropriation (FY 2006). . . . . .$3,147,000

General Fund--State Appropriation (FY 2007). . . . . .$3,159,000

General Fund--Federal Appropriation. . . . . . . . . . .$288,774,000

                           TOTAL APPROPRIATION. . . . .$295,080,000

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

      (1) $3,000,000 of the general fund--state appropriation for fiscal year 2006 and $3,000,000 of the general fund--state appropriation for fiscal year 2007 are provided for state matching money for federal child nutrition programs.

      (2) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the 2007 fiscal year appropriation are provided for summer food programs for children in low-income areas.

      (3) $47,000 of the general fund--state appropriation for fiscal year 2006 and $59,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to reimburse school districts for school breakfasts served to students enrolled in the free or reduced price meal program pursuant to House Bill No. 1771 (requiring school breakfast programs in certain schools). If House Bill No. 1771 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 507. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS

General Fund--State Appropriation (FY 2006). . . .$460,032,000

General Fund--State Appropriation (FY 2007). . . .$471,961,000

General Fund--Federal Appropriation. . . . . . . . . . .$435,464,000

                           TOTAL APPROPRIATION. . .$1,367,457,000

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

      (1) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure that special education students as a class receive their full share of the general apportionment allocation accruing through sections 502 and 504 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education excess cost allocation funded in this section.

      (2)(a) The superintendent of public instruction shall use the excess cost methodology developed and implemented for the 2001-02 school year using the S-275 personnel reporting system and all related accounting requirements to ensure that:

      (i) Special education students are basic education students first;

      (ii) As a class, special education students are entitled to the full basic education allocation; and

      (iii) Special education students are basic education students for the entire school day.

      (b) The S-275 and accounting changes in effect since the 2001-02 school year shall supercede any prior excess cost methodologies and shall be required of all school districts.

      (3) Each fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (4) The superintendent of public instruction shall distribute state and federal funds to school districts based on two categories: The optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program.

      (5)(a) For the 2005-06 and 2006-07 school years, the superintendent shall make allocations to each district based on the sum of:

      (i) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, multiplied by the district's average basic education allocation per full-time equivalent student, multiplied by 1.15; and

      (ii) A district's annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent determined pursuant to subsection (6)(b) of this section, multiplied by the district's average basic education allocation per full-time equivalent student multiplied by 0.9309.

      (b) For purposes of this subsection, "average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 and shall not include enhancements, secondary vocational education, or small schools.

      (6) The definitions in this subsection apply throughout this section.

      (a) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).

      (b) "Enrollment percent" means the district's resident special education annual average enrollment, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment.

      Each district's general fund--state funded special education enrollment shall be the lesser of the district's actual enrollment percent or 12.7 percent.

      (7) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be calculated in accordance with subsection (6)(b) of this section, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.

      (8) To the extent necessary, $18,940,000 of the general fund--state appropriation and $28,698,000 of the general fund--federal appropriation are provided for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided in subsection (5) of this section. If safety net awards exceed the amount appropriated in this subsection (8), the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:

      (a) The committee shall consider unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

      (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

      (c) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.

      (d) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.

      (e) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.

      (9) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.

      (10) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:

      (a) One staff from the office of superintendent of public instruction;

      (b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and

      (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

      (11) A maximum of $678,000 may be expended from the general fund--state appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program.

      (12) A maximum of $1,000,000 of the general fund--federal appropriation is provided for projects to provide special education students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.

      (13) A maximum of $100,000 of the general fund--federal appropriation shall be expended to create a special education ombudsman program within the office of superintendent of public instruction. The purpose of the program is to provide support to parents, guardians, educators, and students with disabilities. The program will provide information to help families and educators understand state laws, rules, and regulations, and access training and support, technical information services, and mediation services. The ombudsman program will provide data, information, and appropriate recommendations to the office of superintendent of public instruction, school districts, educational service districts, state need projects, and the parent and teacher information center.

      (14) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent. In addition to other purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues.

      (15) A maximum of $1,200,000 of the general fund--federal appropriation may be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services.

      (16) $1,400,000 of the general fund--federal appropriation shall be expended for one-time grants to school districts for the start-up costs of implementing web-based programs that assist schools in meeting state and federal requirements regarding individualized education plans.

      (17) The superintendent, consistent with the new federal IDEA reauthorization, shall continue to educate school districts on how to implement a birth-to-three program and review the cost effectiveness and learning benefits of early intervention.

      (18) A school district may carry over from one year to the next year up to 10 percent of the general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program.

      NEW SECTION. Sec. 508. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS

General Fund--State Appropriation (FY 2006). . . . . .$3,694,000

General Fund--State Appropriation (FY 2007). . . . . .$3,724,000

                           TOTAL APPROPRIATION. . . . . . .$7,418,000

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

      (1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).

      (2) The educational service districts, at the request of the state board of education pursuant to RCW 28A.310.010 and 28A.310.340, may receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education post-site visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.

      NEW SECTION. Sec. 509. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE

General Fund--State Appropriation (FY 2006). . . .$174,465,000

General Fund--State Appropriation (FY 2007). . . .$182,702,000

                           TOTAL APPROPRIATION. . . . .$357,167,000

      NEW SECTION. Sec. 510. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS

General Fund--State Appropriation (FY 2006). . . . .$19,084,000

General Fund--State Appropriation (FY 2007). . . . .$19,673,000

                           TOTAL APPROPRIATION. . . . . .$38,757,000

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

      (1) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.

      (3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.

      (4) The funded staffing ratios for education programs for juveniles age 18 or less in department of corrections facilities shall be the same as those provided in the 1997-99 biennium.

      (5) $219,000 of the general fund--state appropriation for fiscal year 2006 and $219,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to maintain at least one certificated instructional staff and related support services at an institution whenever the K-12 enrollment is not sufficient to support one full-time equivalent certificated instructional staff to furnish the educational program. The following types of institutions are included: Residential programs under the department of social and health services for developmentally disabled juveniles, programs for juveniles under the department of corrections, and programs for juveniles under the juvenile rehabilitation administration.

      (6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.

      NEW SECTION. Sec. 511. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS

General Fund--State Appropriation (FY 2006). . . . . .$6,860,000

General Fund--State Appropriation (FY 2007). . . . . .$6,926,000

                           TOTAL APPROPRIATION. . . . . .$13,786,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of $347.24 per funded student for the 2005-06 school year and $349.48 per funded student for the 2006-07 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment.

      (3) $170,000 of the fiscal year 2006 appropriation and $170,000 of the fiscal year 2007 appropriation are provided for the centrum program at Fort Worden state park.

      (4) $90,000 of the fiscal year 2006 appropriation and $90,000 of the fiscal year 2007 appropriation are provided for the Washington destination imagination network and future problem-solving programs.

      NEW SECTION. Sec. 512. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR MISCELLANEOUS PURPOSES UNDER THE ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT ACT AND THE NO CHILD LEFT BEHIND ACT

General Fund--Federal Appropriation. . . . . . . . . . . .$22,084,000

      NEW SECTION. Sec. 513. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS

General Fund--State Appropriation (FY 2006). . . . .$43,076,000

General Fund--State Appropriation (FY 2007). . . . .$40,427,000

General Fund--Federal Appropriation. . . . . . . . . . .$123,345,000

                           TOTAL APPROPRIATION. . . . .$206,848,000

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

      (1) ASSESSMENT

      $19,810,000 of the general fund--state appropriation for fiscal year 2006, $16,105,000 of the general fund--state appropriation for fiscal year 2007, and $16,111,000 of the general fund--federal appropriation are provided solely for development and implementation of the Washington assessments of student learning (WASL), including development and implementation of retake assessments for high school students who are not successful in one or more content areas of the WASL and development of alternative assessments or appeals procedures to implement the certificate of academic achievement. Within these amounts, the superintendent of public instruction shall contract for the early return of 10th grade student WASL results, on or around June 10th of each year.

      (2) PROFESSIONAL DEVELOPMENT

      (a) $548,000 of the fiscal year 2006 general fund--state appropriation and $548,000 of the fiscal year 2007 general fund--state appropriation are provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.

      (b) $2,348,000 of the general fund--state appropriation for fiscal year 2006 and $2,348,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260, and for a mentor academy. Up to $200,000 of the amount in this subsection may be used each fiscal year to operate a mentor academy to help districts provide effective training for peer mentors. Funds for the teacher assistance program shall be allocated to school districts based on the number of first year beginning teachers.

      (c) $705,000 of the general fund--state appropriation for fiscal year 2006 and $705,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the leadership internship program for superintendents, principals, and program administrators.

      (d) $3,010,000 of the general fund--state appropriation for fiscal year 2006 and $4,018,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for salary bonuses for teachers who attain certification by the national board for professional teaching standards, subject to the following conditions and limitations:

      (i) Teachers who hold a valid certificate from the national board during the 2005-06 or 2006-07 school years shall receive an annual bonus not to exceed $3,500 in each of these school years in which they hold a national board certificate.

      (ii) The annual bonus shall be paid in a lump sum amount and shall not be included in the definition of "earnable compensation" under RCW 41.32.010(10).

      (e) $90,399,000 of the general fund--federal appropriation is provided for preparing, training, and recruiting high quality teachers and principals under Title II of the no child left behind act.

      (3) SCHOOL IMPROVEMENT

      (a) $338,000 of the general fund--state appropriation for fiscal year 2006 and $338,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a principal support program. The office of the superintendent of public instruction may contract with an independent organization to administer the program. The program shall include: (i) Development of an individualized professional growth plan for a new principal or principal candidate; and (ii) participation of a mentor principal who works over a period of between one and three years with the new principal or principal candidate to help him or her build the skills identified as critical to the success of the professional growth plan. Within the amounts provided, $25,000 per year shall be used to support additional participation of secondary principals.

      (b) $3,046,000 of the general fund--state appropriation for fiscal year 2006 and $3,046,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to the office of the superintendent of public instruction for focused assistance. The office of the superintendent of public instruction shall conduct educational audits of low-performing schools and enter into performance agreements between school districts and the office to implement the recommendations of the audit and the community. Each educational audit shall include recommendations for best practices and ways to address identified needs and shall be presented to the community in a public meeting to seek input on ways to implement the audit and its recommendations.

      (c) $1,000,000 of the general fund--state appropriation for fiscal year 2006 and $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a high school and school district improvement program modeled after the office of the superintendent of public instruction's existing focused assistance program in (b) of this subsection. The state funding for this improvement program will match an equal amount committed by a nonprofit foundation in furtherance of a jointly funded program.

      (d) A maximum of $250,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $250,000 of the general fund--state appropriation for fiscal year 2007 are provided for summer accountability institutes offered by the superintendent of public instruction. The institutes shall provide school district staff with training in the analysis of student assessment data, information regarding successful district and school teaching models, research on curriculum and instruction, and planning tools for districts to improve instruction in reading, mathematics, language arts, social studies, including civics, and guidance and counseling. The superintendent of public instruction shall emphasize issues of high school reform and mathematics instruction when offering summer institute programs supported by funds provided in this subsection.

      (e) $515,000 of the general fund--state appropriation for fiscal year 2006 and $515,000 of the general fund--state appropriation for fiscal year 2007 are provided for the evaluation of reading and mathematics textbooks, other instructional materials, and diagnostic tools to determine the extent to which they are aligned with the state standards. A scorecard of the analysis shall be made available to school districts. The superintendent shall also develop and disseminate information on essential components of comprehensive, school-based math and reading programs and shall develop and disseminate grade level expectations for reading and math which shall include professional development modules and web-based materials.

      (f) $1,764,000 of the general fund--state appropriation for fiscal year 2006 and $1,764,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the mathematics helping corps subject to the following conditions and limitations:

      (i) In order to increase the availability and quality of technical mathematics assistance statewide, the superintendent of public instruction shall employ mathematics school improvement specialists to provide assistance to schools and districts. The specialists shall be hired by and work under the direction of a statewide school improvement coordinator. The mathematics improvement specialists shall not be permanent employees of the superintendent of public instruction.

      (ii) The school improvement specialists shall provide the following:

      (A) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;

      (B) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments emphasizing the performance on the mathematics assessments;

      (C) Consultation concerning curricula that aligns with the essential academic learning requirements emphasizing the academic learning requirements for mathematics, the Washington assessment of student learning, and meets the needs of diverse learners;

      (D) Assistance in the identification and implementation of research-based instructional practices in mathematics;

      (E) Staff training that emphasizes effective instructional strategies and classroom-based assessment for mathematics;

      (F) Assistance in developing and implementing family and community involvement programs emphasizing mathematics; and

      (G) Other assistance to schools and school districts intended to improve student mathematics learning.

      (g) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the improvement of reading achievement and implementation of research-based reading models. The superintendent shall evaluate reading curriculum programs and other instructional materials to determine the extent to which they are aligned with state standards. A report of the analyses shall be made available to school districts. The superintendent shall report to districts the assessments that are available to screen and diagnose reading difficulties, and shall provide training on how to implement a reading assessment system. Resources may also be used to disseminate grade level expectations and develop professional development modules and web-based materials.

      (h) $16,758,000 of the general fund--federal appropriation is provided for the reading first program under Title I of the no child left behind act.

      (4) STUDENT SUPPORTS

      (a) $2,500,000 of the general fund--state appropriation for fiscal year 2006 and $2,500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155.

      (b) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for an early reading grant program for community-based initiatives that develop prereading and early reading skills through parental and community involvement, public awareness, coordination of resources, and partnerships with local school districts. Grant awards shall include funding for one-time start up costs for local affiliates and a one-time partial payment of school district dues to local affiliates of up to 30 percent of the per student dues amount. Grant applications shall include:

      (i) Strategies for parental involvement emphasizing ages birth to five and outreach to diverse communities;

      (ii) Evidence of collaboration with, and support from, local school districts, and how the activities funded in the grant are complementary to the reading improvement efforts of local school districts;

      (iii) A plan for community participation and coordination of resources including in-kind and financial support by public and private sector partners;

      (iv) Measurable goals and evaluation methodology to determine impact;


      (v) Integration of reading strategies from the Washington state early learning and development benchmarks;

      (vi) A plan for marketing and public relations;

      (vii) Strategies for sustaining the program when grant funding is no longer available; and

      (viii) Evidence of district commitment to reading improvement, aligned curriculum, progress monitoring, and time-on-task.

      (c) $850,000 of the general fund--state appropriation for fiscal year 2006 and $850,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Washington reading corps. The superintendent shall allocate reading corps members to low-performing schools and school districts that are implementing comprehensive, proven, research-based reading programs. Two or more schools may combine their Washington reading corps programs. Grants provided under this section may be used by school districts for expenditures from September 2005 through August 31, 2007.

      (d) $3,594,000 of the general fund--state appropriation for fiscal year 2006 and $3,594,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to RCW 70.190.040.

      (5) TECHNOLOGY

      (a) $1,959,000 of the general fund--state appropriation for fiscal year 2006 and $1,959,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for improving technology infrastructure, monitoring and reporting on school district technology development, promoting standards for school district technology, promoting statewide coordination and planning for technology development, and providing regional educational technology support centers, including state support activities, under chapter 28A.650 RCW. The superintendent of public instruction shall coordinate a process to facilitate the evaluation and provision of online curriculum courses to school districts which includes the following: Creation of a general listing of the types of available online curriculum courses; a survey conducted by each regional educational technology support center of school districts in its region regarding the types of online curriculum courses desired by school districts; a process to evaluate and recommend to school districts the best online courses in terms of curriculum, student performance, and cost; and assistance to school districts in procuring and providing the courses to students.

      (b) $126,000 of the general fund--state appropriation for fiscal year 2006 and $126,000 of the general fund--state appropriation for fiscal year 2007 are provided for the development and posting of web-based instructional tools, assessment data, and other information that assists schools and teachers implementing higher academic standards.

      NEW SECTION. Sec. 514. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS

General Fund--State Appropriation (FY 2006). . . . .$59,673,000

General Fund--State Appropriation (FY 2007). . . . .$63,535,000

General Fund--Federal Appropriation. . . . . . . . . . . .$45,561,000

                           TOTAL APPROPRIATION. . . . .$168,769,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) The superintendent shall distribute a maximum of $757.72 per eligible bilingual student in the 2005-06 school year and $763.70 in the 2006-07 school year, exclusive of salary and benefit adjustments provided in section 504 of this act.

      (3) The superintendent may withhold up to 1.5 percent of the school year allocations to school districts in subsection (2) of this section, and adjust the per eligible pupil rates in subsection (2) of this section accordingly, solely for the central provision of assessments as provided in RCW 28A.180.090 (1) and (2).

      (4) $70,000 of the amounts appropriated in this section are provided solely to develop a system for the tracking of current and former transitional bilingual program students.

      (5) The general fund--federal appropriation in this section is provided for migrant education under Title I Part C and English language acquisition, and language enhancement grants under Title III of the elementary and secondary education act.

      NEW SECTION. Sec. 515. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM

General Fund--State Appropriation (FY 2006). . . . .$65,434,000

General Fund--State Appropriation (FY 2007). . . . .$65,367,000

Education Legacy Trust Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$24,605,000

General Fund--Federal Appropriation. . . . . . . . . . .$343,227,000

                           TOTAL APPROPRIATION. . . . .$498,633,000

      (1) The general fund--state and education legacy trust account appropriations in this section are subject to the following conditions and limitations:

      (a) The appropriations include such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (b) Funding for school district learning assistance programs shall be allocated at maximum rates of $184.29 per funded student for the 2005-06 school year and $186.03 per funded student for the 2006-07 school year exclusive of salary and benefit adjustments provided under section 504 of this act.

      (c) A school district's funded students for the learning assistance program shall be the sum of the following as appropriate:

      (i) The district's full-time equivalent enrollment in grades K-12 for the prior school year multiplied by the district's percentage of October headcount enrollment in grades K-12 eligible for free or reduced price lunch in the prior school year; and

      (ii) If, in the prior school year, the district's percentage of October headcount enrollment in grades K-12 eligible for free or reduced price lunch exceeded forty percent, subtract forty percent from the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the prior school year.

      (d) In addition to amounts allocated in (b) and (c) of this subsection, an additional amount shall be allocated to a school district for each school year in which the district's allocation is less than the amount the district received for the general fund--state learning assistance program allocation in the 2004-05 school year. The amount of the allocation in this section shall be sufficient to maintain the 2004-05 school year allocation.

      (2) Increases in a school district's allocation above the 2004-05 school year level shall be directed to grades nine through twelve. Districts are encouraged to offer remediation courses in the summer for students who fail the tenth grade WASL.


      (3) The general fund--federal appropriation in this section is provided for Title I Part A allocations of the no child left behind act of 2001.

      (4) Small school districts are encouraged to make the most efficient use of the funding provided by using regional educational service district cooperatives to hire staff, provide professional development activities, and implement reading and mathematics programs consistent with research-based guidelines provided by the office of the superintendent of public instruction.

      (5) A school district may carry over from one year to the next up to 10 percent of the general fund--state or education legacy trust funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.

      (6) School districts are encouraged to coordinate the use of these funds with other federal, state, and local sources to serve students who are below grade level and to make efficient use of resources in meeting the needs of students with the greatest academic deficits.

      NEW SECTION. Sec. 516. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STUDENT ACHIEVEMENT PROGRAM

Student Achievement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$629,356,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Funding for school district student achievement programs shall be allocated at a maximum rate of $300.00 per FTE student for the 2005-06 school year and $375.00 per FTE student for the 2006-07 school year. For the purposes of this section, FTE student refers to the annual average full-time equivalent enrollment of the school district in grades kindergarten through twelve for the prior school year, as reported to the office of the superintendent of public instruction by August 31st of the previous school year.

      (2) The appropriation is allocated for the following uses as specified in RCW 28A.505.210:

      (a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;

      (b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;

      (c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;

      (d) To provide additional professional development for educators including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;

      (e) To provide early assistance for children who need prekindergarten support in order to be successful in school; or

      (f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection (2).

      (3) The superintendent of public instruction shall distribute the school year allocation according to the monthly apportionment schedule defined in RCW 28A.510.250.

      NEW SECTION. Sec. 517. K-12 CARRYFORWARD AND PRIOR SCHOOL YEAR ADJUSTMENTS.

State general fund and state student achievement fund appropriations provided to the superintendent of public instruction for state entitlement programs in the public schools in this part V of this act may be expended as needed by the superintendent for adjustments to apportionment for prior fiscal periods. Recoveries of state general fund moneys from school districts and educational service districts for a prior fiscal period shall be made as reductions in apportionment payments for the current fiscal period and shall be shown as prior year adjustments on apportionment reports for the current period. Such recoveries shall not be treated as revenues to the state, but as a reduction in the amount expended against the appropriation for the current fiscal period.

      NEW SECTION. Sec. 518. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION. Appropriations made in this act to the office of superintendent of public instruction shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act.

 

(End of part)

 

PART VI

HIGHER EDUCATION

 

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

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

      (2)(a) The salary increases provided or referenced in this subsection and described in sections 603 and 949 through 980 of this act shall be the only allowable salary increases provided at institutions of higher education, excluding increases associated with normally occurring promotions and increases related to faculty and professional staff retention, and excluding increases associated with employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015 and 28B.50.874(1).

      (b) For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015 and 28B.50.874(1), salary increases will be in accordance with the applicable collective bargaining agreement. However, an increase shall not be provided to any classified employee whose salary is above the approved salary range maximum for the class to which the employee's position is allocated.

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


      (d) The legislature, the office of financial management, and other state agencies need consistent and accurate personnel data from institutions of higher education for policy planning purposes. Institutions of higher education shall report personnel data to the department of personnel for inclusion in the department's data warehouse. Uniform reporting procedures shall be established by the department of personnel for use by the reporting institutions, including provisions for common job classifications and common definitions of full-time equivalent staff. Annual contract amounts, number of contract months, and funding sources shall be consistently reported for employees under contract.

      (3) The tuition fees, as defined in chapter 28B.15 RCW, charged to full-time students at the state's institutions of higher education for the 2005-06 and 2006-07 academic years, other than the summer term, shall be adjusted by the governing boards of the state universities, regional universities, The Evergreen State College, and the state board for community and technical colleges. Tuition fees may be increased in excess of the fiscal growth factor under RCW 43.135.055.

      For the 2005-06 academic year, the governing boards of the state universities may implement an increase no greater than seven percent over tuition fees charged to full-time resident undergraduate students for the 2004-05 academic year. The governing boards of the regional universities and The Evergreen State College may implement an increase no greater than six percent over tuition fees charged to full-time resident undergraduate students for the 2004-05 academic year. The state board for community and technical colleges may implement an increase no greater than five percent over tuition fees charged to full-time resident students for the 2004-05 academic year.

      For the 2006-07 academic year, the governing boards of the state universities may implement an increase no greater than seven percent over tuition fees charged to full-time resident undergraduate students for the 2005-06 academic year. The governing boards of the regional universities and The Evergreen State College may implement an increase no greater than six percent over tuition fees charged to full-time resident undergraduate students for the 2005-06 academic year. The state board for community and technical colleges may implement an increase no greater than five percent over tuition fees charged to full-time resident students for the 2005-06 academic year.

      (4) For the 2005-07 biennium, the state board for community and technical colleges may increase tuition fees differentially based on student credit hour load at their discretion.

      (5) For the 2005-07 biennium, the governing boards and the state board may adjust full-time operating fees for factors that may include time of day and day of week, as well as delivery method and campus, to encourage full use of the state's educational facilities and resources.

      (6) Technical colleges may increase their building fee in excess of the fiscal growth factor until parity is reached with the community colleges.

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

      (8) Pursuant to RCW 43.135.055, institutions of higher education receiving appropriations under sections 603 through 609 of this act are authorized to increase summer term tuition in excess of the fiscal growth factor during the 2005-07 biennium. Tuition levels increased pursuant to this subsection shall not exceed the per credit hour rate calculated from the academic year tuition levels adopted under this act.

      (9) Pursuant to RCW 43.135.055, community and technical colleges are authorized to increase services and activities fee charges in excess of the fiscal growth factor during the 2005-2007 biennium. The services and activities fee charges increased pursuant to this subsection shall not exceed the maximum level authorized by the state board for community and technical colleges.

      (10) Pursuant to RCW 43.135.055, the governing boards of the state universities, regional universities, and The Evergreen State College are authorized to increase application fees in excess of the fiscal growth factor during the 2005-2007 biennium. The application fee levels increased pursuant to this subsection shall not exceed fifty dollars per application.

      NEW SECTION. Sec. 602. (1) The appropriations in sections 603 through 609 of this act provide state general fund support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institutions assumed in this act.


 


 

 

2005-06

Annual

Average

 

2006-07

Annual

Average

University of Washington

 

 

 

 

 

 

 

 

 

Main campus

 

33,037

 

33,217

Bothell branch

 

1,340

 

1,540

Tacoma branch

 

1,644

 

1,869

 

 

 

 

 

Washington State University

 

 

 

 

 

 

 

 

 

Main campus

 

18,695

 

18,910

Tri-Cities branch

 

675

 

700

Vancouver branch

 

1,353

 

1,678

Central Washington University

 

8,323

 

8,649

Eastern Washington University

 

8,593

 

8,919

The Evergreen State College

 

4,038

 

4,143

Western Washington University

 

11,559

 

11,729

State Board for Community and Technical Colleges

 

130,905

 

133,040

      (2) For the state universities, the number of full-time equivalent student enrollments enumerated in this section for the branch campuses are the minimum required enrollment levels for those campuses. At the start of an academic year, the governing board of a state university may transfer full-time equivalent student enrollments from the main campus to one or more branch campus. Intent notice shall be provided to the office of financial management and reassignment of funded enrollment is contingent upon satisfying data needs of the forecast division who is responsible to track and monitor state-supported college enrollment.

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


General Fund--State Appropriation (FY 2006). . . . . $556,499,000

General Fund--State Appropriation (FY 2007). . . . . $556,220,000

Administrative Contingency Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,950,000

Education Legacy Trust--State Appropriation. . . . . . . $46,669,000

                           TOTAL APPROPRIATION. . . . .$1,172,338,000

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

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

      (2) $539,000 of the general fund--state appropriation for fiscal year 2006 and $540,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the displaced homemakers program.

      (3) Access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island, and Skagit counties. The higher education consortium created to serve the region has not been able to successfully address the region's access needs. The university center model of service delivery, centered on a community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.

      Therefore, the management and leadership responsibility for consortium operations are assigned to Everett community college. Everett community college shall collaborate with community and business leaders, other local community colleges, the public four-year institutions of higher education, and the higher education coordinating board to develop an educational plan for the North Snohomish, Island, and Skagit county region based on the university center model.

      (4) $50,000 of the general fund--state appropriation for fiscal year 2006 and $50,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for higher education student child care matching grants under chapter 28B.135 RCW.

      (5) $28,761,000 of the general fund--state appropriation for fiscal year 2006 and $28,761,000 of the general fund--state appropriation for fiscal year 2007 are provided solely as special funds for training and related support services, including financial aid, as specified in chapter 226, Laws of 1993 (employment and training for unemployed workers). Funding is provided to support up to 6,200 full-time equivalent students in each fiscal year.

      (6) $2,000,000 of the education legacy trust appropriation for fiscal year 2006 and $2,000,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely for basic skills education at community and technical colleges and community-based providers. These funds may be used to align or integrate adult basic education and English as a second language courses with vocational training.

      (7) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the community and technical colleges as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, the state board for community and technical colleges shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:

      (a) Increase the number of academic students who are eligible to transfer to baccalaureate institutions;

      (b) Increase the number of students prepared for work; and

      (c) Increase the number of basic skills students who demonstrate substantive skill gain.

      Specific six-year targets for the goals stated in this subsection shall be established by the state board and the office of financial management and shall be determined based on the per student funding level assumed in this act.

      The state board for community and technical colleges shall provide a summary of the progress and ongoing efforts toward meeting the provisions of this section to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (8) $11,070,000 of the education legacy trust appropriation for fiscal year 2006 and $22,599,000 of the education legacy trust appropriation for fiscal year 2007 are provided to increase budgeted enrollments by 2,050 student FTEs in academic year 2006 and an additional 2,135 student FTEs in academic year 2007. By December 15th of each year of the 2005-07 fiscal biennium, the board shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs enrolled with the funding provided in this subsection.

      (9) $2,250,000 of the education legacy trust appropriation for fiscal year 2006 and $2,250,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely to increase salaries and related benefits for part-time faculty. A college district may match the state funds with local revenue. The board shall report by January 30, 2006, to the office of financial management and the appropriate fiscal and policy committees of the legislature on (a) the distribution of state funds, and (b) wage adjustments for part-time faculty.

      (10) $2,250,000 of the education legacy trust appropriation for fiscal year 2006 and $2,250,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely for faculty salary increments and associated benefits and may be used in combination with salary and benefit savings from faculty turnover to provide salary increments and associated benefits for faculty who qualify through professional development and training. To the extent general salary increase funding is used to pay faculty increments, the general salary increase shall be reduced by the same amount.

      (11) $2,950,000 of the administrative contingency account--state appropriation is provided solely for administration and customized training contracts through the job skills program, which shall be made available broadly and not to the exclusion of private nonprofit baccalaureate degree granting institutions or vocational arts career schools operating in Washington state who partner with a firm, hospital, group, or industry association concerned with commerce, trade, manufacturing, or the provision of services to train current or prospective employees. The state board shall make an annual report by January 1 of each fiscal year to the governor and appropriate policy and fiscal committees of the legislature regarding the implementation of this section listing the scope of grant awards, the distribution of funds by educational sector and region of the state, and the successful partnerships supported by these state funds.

      NEW SECTION. Sec. 604. FOR THE UNIVERSITY OF WASHINGTON

General Fund--State Appropriation (FY 2006). . . . . $336,644,000

General Fund--State Appropriation (FY 2007). . . . . $344,118,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $300,000

Accident Account--State Appropriation. . . . . . . . . . . . .$6,204,000

Medical Aid Account--State Appropriation. . . . . . . . . . $6,141,000

Education Legacy Trust--State Appropriation. . . . . . . $10,748,000

                           TOTAL APPROPRIATION. . . . . . $704,155,000

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

      (1) $165,000 of the general fund--state appropriation for fiscal year 2006 and $165,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound work plan and agency action item UW-01.

      (2) $300,000 of the general fund--private/local appropriation is provided solely for shellfish biotoxin monitoring as specified in chapter 263, Laws of 2003 (SSB 6073, shellfish license fee).

      (3) $3,057,000 of the education legacy trust appropriation for fiscal year 2006 and $7,691,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 360 new enrollments at the Seattle campus, 325 new enrollments at the Tacoma campus, and 275 new enrollments at the Bothell campus. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.

      (4) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, the University of Washington shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:

      (a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;

      (b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;

      (c) Improve freshman retention rates;

      (d) Improve and sustain the quality of its degree programs as measured by the number of programs that are ranked in the top twenty nationally;

      (e) Sustain the quality of its research programs as measured by the national ranking for federal research grants received; and

      (f) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.

      Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.

      On or before October 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (5) $200,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to assist the transition of University of Washington-Tacoma and University of Washington-Bothell from branch campuses serving upper-division students, to four-year campuses serving freshmen, sophomores, and upper-division students. Funds may be used to develop curricula, recruit new faculty, and expand student services. Consistent with the recommendations of the higher education coordinating board, UW-Tacoma and UW-Bothell may begin enrolling lower-division students beginning in fiscal year 2007.

      (6) $30,000 of the general fund--state appropriation for fiscal year 2006 and $30,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for research on labor and economic issues in Washington state through the Harry Bridges center.

      (7) $146,000 of the general fund--state appropriation for fiscal year 2006 and $146,000 of the general fund--state appropriation for the fiscal year 2007 are provided solely to the Burke Museum to enhance the museum's public outreach capabilities.

      (8) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for the fiscal year 2007 are provided solely to the institute for learning and brain sciences (ILABS) to develop a partnership, linking ILABS to policymakers, private sectors and user-groups.

      (9) The University of Washington medical center shall provide inpatient and outpatient hospital services to offenders confined in department of corrections facilities at a rate no greater than the average rate that the department of corrections has negotiated with other community hospitals in Washington state.


      (10) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Olympic natural resources center.

      (11) $350,000 of the general fund--state appropriation for fiscal year 2006 and $350,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to maintain the autism center at the University of Washington-Tacoma campus. The facility will continue to function as a satellite facility to the autism center at the University of Washington medical center in Seattle and provide clinical service and professional training.

      NEW SECTION. Sec. 605. FOR WASHINGTON STATE UNIVERSITY

General Fund--State Appropriation (FY 2006). . . . . $206,494,000

General Fund--State Appropriation (FY 2007). . . . . $211,870,000

Education Legacy Trust--State Appropriation. . . . . . . $11,162,000

                           TOTAL APPROPRIATION. . . . . . $429,526,000

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

      (1) $210,000 of the general fund--state appropriation for fiscal year 2006 and $210,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound work plan and agency action item WSU-01.

      (2) $2,741,000 of the education legacy trust appropriation for fiscal year 2006 and $6,900,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 430 new enrollments at the Pullman campus, 450 new enrollments at the Vancouver campus, and 25 new enrollments at the Tri-Cities campus. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.

      (3) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Washington State University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:

      (a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;

      (b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;

      (c) Improve freshman retention rates;

      (d) Improve and sustain the quality of its degree programs as measured by the number of programs that are ranked in the top twenty nationally;

      (e) Sustain the quality of its research programs as measured by the national ranking for federal research grants received; and

      (f) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.

      Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.

      On or before October 1, 2006 the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (4) $507,000 of the education legacy trust appropriation for fiscal year 2006 and $1,014,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely to expand the entering class of veterinary medicine students by 16 resident student FTEs each academic year during the 2005-2007 biennium.

      (5) $350,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to assist the transition of Washington State University-Vancouver from a branch campus serving only upper-division students, to a four-year campus serving freshmen, sophomores, and upper-division students. Funds may be used to develop curricula, recruit new faculty, and expand student services. Consistent with the recommendations of the higher education coordinating board, WSU-Vancouver may begin enrolling lower-division students beginning in fiscal year 2007.

      (6) The university shall give consideration to reprioritizing agricultural research funding to allow for expansion of the center for precision agricultural systems and development of the biologically intensive and organic agriculture program.

      (7) $25,000 of the general fund--state appropriation for fiscal year 2006 and $25,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to study the cost of complying with vehicle licensing and registration laws. Funding is subject to the passage of House Bill No. 1241 (modifying vehicle licensing and registration penalties). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (8) $42,000 of the general fund--state appropriation for fiscal year 2006 and $43,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Senate Bill No. 5101 (providing incentives to support renewable energy). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (9) $200,000 of the general fund--state appropriation for fiscal year 2006 and $200,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to conduct research on alternatives for controlling ghost shrimp in Willapa bay.

      NEW SECTION. Sec. 606. FOR EASTERN WASHINGTON UNIVERSITY

General Fund--State Appropriation (FY 2006). . . . . . $46,137,000

General Fund--State Appropriation (FY 2007). . . . . . $47,069,000

Education Legacy Trust--State Appropriation. . . . . . . . $6,461,000

                           TOTAL APPROPRIATION. . . . . . . $99,667,000

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

      (1) $2,147,000 of the education legacy trust appropriation for fiscal year 2006 and $4,314,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 650 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.

      (2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Eastern Washington University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:


      (a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;

      (b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;

      (c) Improve freshman retention rates;

      (d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation; and

      (e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.

      Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.

      On or before October 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (3) $212,000 of the general fund--state appropriation for fiscal year 2006 and $213,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the northeast autism center to provide community based approaches to assisting children and adults with autism spectrum disorder and to include the establishment of a preschool at Eastern Washington University to serve children identified with autism spectrum disorder.

      NEW SECTION. Sec. 607. FOR CENTRAL WASHINGTON UNIVERSITY

General Fund--State Appropriation (FY 2006). . . . . . $45,379,000

General Fund--State Appropriation (FY 2007). . . . . . $46,739,000

Education Legacy Trust--State Appropriation. . . . . . . . $6,461,000

                           TOTAL APPROPRIATION. . . . . . . $98,579,000

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

      (1) $2,147,000 of the education legacy trust appropriation for fiscal year 2006 and $4,314,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 650 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.

      (2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Central Washington University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:

      (a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;

      (b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;

      (c) Improve freshman retention rates;

      (d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation; and

      (e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.

      Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.

      On or before October 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (3) For the 2006-07 and 2007-08 academic years, the legislature hereby increases the limit on total gross authorized operating fees revenue waived, exempted, or reduced by Central Washington University pursuant to RCW 28B.15.910 to eleven percent.

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

General Fund--State Appropriation (FY 2006). . . . . . $25,586,000

General Fund--State Appropriation (FY 2007). . . . . . $26,174,000

Education Legacy Trust--State Appropriation. . . . . . . . $2,116,000

                           TOTAL APPROPRIATION. . . . . . . $53,876,000

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

      (1) $705,000 of the education legacy trust appropriation for fiscal year 2006 and $1,411,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 210 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the college shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.

      (2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the college as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, The Evergreen State College shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:

      (a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;

      (b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;

      (c) Improve freshman retention rates;

      (d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation;

      (e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.

      Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.

      On or before October 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (3) $40,000 of the general fund--state appropriation for fiscal year 2006 and $10,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Washington state institute for public policy to conduct an analysis of the availability, services, and effectiveness of programs in community and technical colleges that serve the educational needs of recent immigrant students who are not proficient in English and who are or have been enrolled in high school but have not met graduation requirements. The analysis shall include, but not be limited to, the type of programs provided, the geographic availability of programs, the identification of best practices, how the programs are funded, and the effectiveness of the programs. The analysis shall also include recommendations for improving the programs to better meet the needs of recent immigrant students and for expanding the availability of programs statewide. A report shall be submitted to the fiscal and education committees of the legislature, the superintendent of public instruction, and the state board for community and technical colleges by December 1, 2006.

      (4) $170,000 of the general fund--state appropriation for fiscal year 2006 and $140,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for sections 217 and 605 of Senate Bill No. 5763 (mental disorders treatment). If neither section 217 nor section 605 is enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      NEW SECTION. Sec. 609. FOR WESTERN WASHINGTON UNIVERSITY

General Fund--State Appropriation (FY 2006). . . . . . $58,896,000

General Fund--State Appropriation (FY 2007). . . . . . $60,514,000

Education Legacy Trust--State Appropriation. . . . . . . . $3,475,000

                           TOTAL APPROPRIATION. . . . . . $122,885,000

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

      (1) $1,158,000 of the education legacy trust appropriation for fiscal year 2006 and $2,317,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 340 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.

      (2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Western Washington University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:

      (a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;

      (b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;

      (c) Improve freshman retention rates;

      (d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation; and

      (e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.

      Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.

      On or before October 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.

      (3) Access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island, and Skagit counties. The higher education consortium created to serve the region has not been able to successfully address the region's access needs. The university center model of service delivery, centered on a community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.

      Therefore, the management and leadership responsibility for consortium operations are assigned to Everett community college. Everett community college shall collaborate with community and business leaders, other local community colleges, the public four-year institutions of higher education, and the higher education coordinating board to develop an educational plan for the North Snohomish, Island, and Skagit county region based on the university center model.

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

General Fund--State Appropriation (FY 2006). . . . . . . $2,665,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,684,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $4,289,000

                           TOTAL APPROPRIATION. . . . . . . . $9,638,000

      The appropriations in this section are subject to the following conditions and limitations: $300,000 of the general fund--state appropriation for fiscal year 2006 and $300,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to develop college readiness standards for English and science.

      NEW SECTION. Sec. 611. FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMS

General Fund--State Appropriation (FY 2006). . . . . $159,363,000

General Fund--State Appropriation (FY 2007). . . . . $164,634,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $13,073,000

Education Legacy Trust--State Appropriation. . . . . . . $62,910,000

                           TOTAL APPROPRIATION. . . . . . $399,980,000

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

      (1) $299,000 of the general fund--state appropriation for fiscal year 2006 and $308,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the western interstate commission for higher education.

      (2) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for higher education student child care matching grants under chapter 28B.135 RCW.

      (3) $25,000 of the general fund--state appropriation for fiscal year 2006 and $25,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the benefit of students who participate in college assistance migrant programs (CAMP) operating in Washington state. To ensure timely state aid, the board may establish a date after which no additional grants would be available for the 2005-06 and 2006-07 academic years. The board shall disperse grants in equal amounts to eligible post-secondary institutions so that state money in all cases supplements federal CAMP awards.

      (4) $124,901,000 of the general fund--state appropriation for fiscal year 2006, $134,506,000 of the general fund--state appropriation for fiscal year 2007, $28,400,000 of the education legacy trust appropriation for fiscal year 2006, and $31,654,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely for the state need grant program. After April 1st of each fiscal year, up to one percent of the annual appropriation for the state need grant program may be transferred to the state work study program.

      (5) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement House Bill No. 1345 (part-time student financial aid). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse. The board may not expend more than the amount provided in this subsection to implement the bill.

      (6) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Second Substitute House Bill No. 1050 (foster care endowed scholarship program). The purpose of the program is to help students who are or were in foster care attend an institution of higher education in the state of Washington. If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (7) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for the fiscal year 2007 are provided solely to support the future teachers' conditional scholarship and loan repayment program.

      (8) $17,048,000 of the general fund--state appropriation for fiscal year 2006, $17,048,000 of the general fund--state appropriation for fiscal year 2007, $863,000 of the education legacy trust appropriation for fiscal year 2006, and $1,993,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely for the state work study program. After April 1st of each fiscal year, up to one percent of the annual appropriation for the state work study program may be transferred to the state need grant program. In addition to the administrative allowance in subsection (11) of this section, four percent of the general fund--state amount in this subsection may be expended for state work study program administration.

      (9) $2,867,000 of the general fund--state appropriation for fiscal year 2006 and $2,867,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for educational opportunity grants pursuant to chapter 233, Laws of 2003 (ESB 5676). The board may deposit sufficient funds from its appropriation into the state education trust fund as established in RCW 28B.10.821 to provide a one-year renewal of the grant for each new recipient of the educational opportunity grant award.

      (10) $2,384,000 of the general fund--state appropriation for fiscal year 2006 and $2,361,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement the Washington scholars program. Any Washington scholars program moneys not awarded by April 1st of each year may be transferred by the board to the Washington award for vocational excellence. Amounts provided in this subsection are sufficient for the higher education coordinating board to select three Washington scholars in fiscal year 2006 and two Washington scholars in fiscal year 2007 from each legislative district under the provisions of RCW 28A.600.100 through 28A.600.150.

      (11) $794,000 of the general fund--state appropriation for fiscal year 2006 and $847,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Washington award for vocational excellence program. Any Washington award for vocational program moneys not awarded by April 1st of each year may be transferred by the board to the Washington scholars program.

      (12) $246,000 of the general fund--state appropriation for fiscal year 2006 and $246,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for community scholarship matching grants of $2,000 each and up to a total of $46,000 per year in grants for nonprofit community organizations with preference given to organizations affiliated with scholarship America to administer the scholarship matching grants. To be eligible for the matching grant, a nonprofit community organization organized under section 501(c)(3) of the internal revenue code must demonstrate that it has raised $2,000 in new moneys for college scholarships after the effective date of this section. An organization may receive more than one $2,000 matching grant and preference shall be given to organizations affiliated with scholarship America.

      (13) Subject to state need grant service requirements pursuant to chapter 28B.119 RCW, $4,265,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the Washington promise scholarship program. The Washington promise scholarship program is terminated following fiscal year 2006. No Washington promise scholarship awards may be offered to students beyond the graduating high school class of 2004.

      (14) $2,963,000 of the general fund--state appropriation for fiscal year 2006 and $2,958,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for financial aid administration, in addition to the four percent cost allowance provision for state work study under subsection (5) of this section. These funds are provided to administer all the financial aid and grant programs assigned to the board by the legislature and administered by the agency. To the extent the executive director finds the agency will not require the full sum provided in this subsection, a portion may be transferred to supplement financial grants-in-aid to eligible clients after notifying the board and the office of financial management of the intended transfer.

      NEW SECTION. Sec. 612. FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD

General Fund--State Appropriation (FY 2006). . . . . . . $1,225,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,231,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $53,890,000

                           TOTAL APPROPRIATION. . . . . . . $56,346,000

      NEW SECTION. Sec. 613. FOR THE SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE

General Fund--State Appropriation (FY 2006). . . . . . . $1,446,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,476,000

                           TOTAL APPROPRIATION. . . . . . . . $2,922,000

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

      The legislature finds that economic development, especially in emerging technologies, is critical to Spokane and Eastern Washington. The principal goal of the state's investment in the Spokane intercollegiate research and technology institute (SIRTI) is to bridge the gap between academic discovery and economic development, thereby leveraging the state's investment in research. However, it is essential to find appropriate ways to mark the success of these efforts. By September 15, 2005, SIRTI shall develop a plan for review by the house of representatives higher education committee and the senate labor, commerce, research and development committee, describing the agency's strategy and budget for commercial application of academic research. The plan shall include actions to be taken to select, develop, commercialize, and graduate clients. The plan shall also detail how to measure significant impacts to the overall economic climate of the Spokane region, including job creation and wages, that are attributable to SIRTI.


      NEW SECTION. Sec. 614. FOR THE WASHINGTON STATE ARTS COMMISSION

General Fund--State Appropriation (FY 2006). . . . . . . $2,322,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,349,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,300,000

General Fund--Private/Local Appropriation (FY 2007). . . . $1,000

                           TOTAL APPROPRIATION. . . . . . . . $5,972,000

      NEW SECTION. Sec. 615. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

General Fund--State Appropriation (FY 2006). . . . . . . $3,408,000

General Fund--State Appropriation (FY 2007). . . . . . . $2,757,000

                           TOTAL APPROPRIATION. . . . . . . . $6,165,000

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

      (1) $102,000 of the general fund--state appropriation for fiscal year 2006 and $95,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Senate Bill No. 5707 (women's history consortium). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.

      (2) $262,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to coordinate and fund programs related to the Lewis and Clark bicentennial commemoration.

      (3) $155,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for reimbursement of costs incurred by the Pacific county sheriff's office resulting from Lewis and Clark bicentennial commemoration events.

      (4) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for reimbursement of costs incurred by local law enforcement resulting from Lewis and Clark bicentennial commemoration events scheduled in the cities of Clarkston, Dayton, Kennewick, Stevenson, Toppenish, and Vancouver.

      NEW SECTION. Sec. 616. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

General Fund--State Appropriation (FY 2006). . . . . . . $1,636,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,630,000

                           TOTAL APPROPRIATION. . . . . . . . $3,266,000

      NEW SECTION. Sec. 617. FOR THE STATE SCHOOL FOR THE BLIND

General Fund--State Appropriation (FY 2006). . . . . . . $5,133,000

General Fund--State Appropriation (FY 2007). . . . . . . $5,251,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,335,000

                           TOTAL APPROPRIATION. . . . . . . $11,719,000

      NEW SECTION. Sec. 618. FOR THE STATE SCHOOL FOR THE DEAF

General Fund--State Appropriation (FY 2006). . . . . . . $8,419,000

General Fund--State Appropriation (FY 2007). . . . . . . $8,613,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $232,000

                           TOTAL APPROPRIATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17,264,000

 

(End of part)

 

PART VII

SPECIAL APPROPRIATIONS

 

      NEW SECTION. Sec. 701. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT LIMIT

General Fund--State Appropriation (FY 2006). . . . . $694,444,000

General Fund--State Appropriation (FY 2007). . . . . $668,119,000

State Building Construction Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,924,000

State Taxable Building Construction

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$139,000

Gardner-Evans Higher Education Construction

      Account--State Appropriation. . . . . . . . . . . . . . . . . $1,215,000

Debt-limit General Fund Bond Retirement

      Account--State Appropriation. . . . . . . . . . . . . . . . . $4,113,000

Debt-Limit Reimbursable Bond Retirement

      Account--State Appropriation. . . . . . . . . . . . . . . . . $2,583,000

                           TOTAL APPROPRIATION. . . . .$1,374,537,000

      The appropriations in this section are subject to the following conditions and limitations: The general fund appropriations are for deposit into the debt-limit general fund bond retirement account. The appropriation for fiscal year 2006 shall be deposited in the debt-limit general fund bond retirement account by June 30, 2006.

      NEW SECTION. Sec. 702. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIES

State Convention and Trade Center

      Account--State Appropriation. . . . . . . . . . . . . . . . $29,411,000

Accident Account--State Appropriation. . . . . . . . . . . . .$5,111,000

Medical Aid Account--State Appropriation. . . . . . . . . . $5,111,000

                           TOTAL APPROPRIATION. . . . . . . $39,633,000

      NEW SECTION. Sec. 703. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE

General Fund--State Appropriation (FY 2006). . . . . . $24,588,000

General Fund--State Appropriation (FY 2007). . . . . . $26,743,000

Nondebt-Limit Reimbursable Bond Retirement

      Account--State Appropriation. . . . . . . . . . . . . . . $131,844,000

                           TOTAL APPROPRIATION. . . . . . $183,175,000

      The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the nondebt-limit general fund bond retirement account.

      NEW SECTION. Sec. 704. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES

General Fund--State Appropriation (FY 2006). . . . . . . $1,357,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,357,000

State Building Construction Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,080,000

State Taxable Building Construction

      Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$13,000

Gardner-Evans Higher Education Construction

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$452,000

                           TOTAL APPROPRIATION. . . . . . . . $4,259,000

      NEW SECTION. Sec. 705. FOR THE OFFICE OF FINANCIAL MANAGEMENT--FIRE CONTINGENCY POOL

Disaster Response Account--State Appropriation. . . . . $4,000,000

      The sum of $4,000,000 is appropriated from the disaster response account for the purpose of making allocations to the Washington state patrol for fire mobilizations costs or to the department of natural resources for fire suppression costs.

      NEW SECTION. Sec. 706. FOR THE OFFICE OF FINANCIAL MANAGEMENT--EMERGENCY FUND

General Fund--State Appropriation (FY 2006). . . . . . . . .$850,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$850,000

                           TOTAL APPROPRIATION. . . . . . . . $1,700,000

      The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are for the governor's emergency fund for the critically necessary work of any agency.


      NEW SECTION. Sec. 707. FOR THE OFFICE OF FINANCIAL MANAGEMENT--SEX OFFENDER SENTENCING IMPACTGeneral Fund--State Appropriation (FY 2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$45,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$792,000

                           TOTAL APPROPRIATION. . . . . . . . . .$837,000

      The appropriations in this section are subject to the following conditions and limitations: The appropriations are provided solely for distribution to counties to pay for the costs of implementing chapter 176, Laws of 2004, which makes amendments to the special sex offender sentencing alternative.

      NEW SECTION. Sec. 708. FOR THE OFFICE OF FINANCIAL MANAGEMENT--SMALL AGENCY INFORMATION TECHNOLOGY POOL

General Fund--State Appropriation (FY 2006). . . . . . . . .$500,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for deposit into the data processing revolving account.

      NEW SECTION. Sec. 709. FOR THE OFFICE OF FINANCIAL MANAGEMENT--CAPITOL BUILDING CONSTRUCTION ACCOUNT

General Fund--State Appropriation (FY 2006). . . . . . . . .$600,000

General Fund--State Appropriation (FY 2007). . . . . . . $1,000,000

                           TOTAL APPROPRIATION. . . . . . . . $1,600,000

      The appropriations in this section are subject to the following conditions and limitations: The appropriations are provided solely for deposit in the capitol building construction account.

      NEW SECTION. Sec. 710. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--COUNTY PUBLIC HEALTH ASSISTANCE

Health Services Account--State Appropriation. . . . . . $48,000,000

      The appropriation in this section is subject to the following conditions and limitations: The director of the department of community, trade, and economic development shall distribute the appropriations to the following counties and health districts in the amounts designated:

Health District

FY 2006

FY 2007

FY 2005-07

Biennium

Adams County Health District

$30,951

$30,951

$61,902

Asotin County Health District

$67,714

$67,714

$135,428

Benton-Franklin Health District

$1,165,612

$1,165,612

$2,331,224

Chelan-Douglas Health District

$184,761

$184,761

$369,522

Clallam County Health and Human Services Department

$141,752

$141,752

$283,504

Southwest Washington Health District

$1,084,473

$1,084,473

$2,168,946

Columbia County Health District

$40,529

$40,529

$81,058

Cowlitz County Health Department

$278,560

$278,560

$557,120

Garfield County Health District

$15,028

$15,028

$30,056

Grant County Health District

$118,595

$118,595

$237,191

Grays Harbor Health Department

$183,870

183,870

$367,740

Island County Health Department

$91,892

$91,892

$183,784

Jefferson County Health and Human Services

$85,782

$85,782

$171,564

Seattle-King County Department of Public Health

$9,531,747

$9,531,747

$19,063,494

Bremerton-Kitsap County Health District

$554,669

$554,669

$1,109,338

Kittitas County Health Department

$92,499

$92,499

$184,998

Klickitat County Health Department

$62,402

$62,402

$124,804

Lewis County Health Department

$105,801

$105,801

$211,602

Lincoln County Health Department

$29,705

$29,705

$59,410

Mason County Department of Health Services

$95,988

$95,988

$191,976

Okanogan County Health District

$63,458

$63,458

$126,916

Pacific County Health Department

$77,427

$77,427

$154,854

Tacoma-Pierce County Health Department

$2,820,590

$2,820,590

$5,641,180

San Juan County Health and Community Services

$37,531

$37,531

$75,062

Skagit County Health Department

$223,927

$223,927

$447,854

Snohomish Health District

$2,258,207

$2,258,207

$4,516,414

Spokane County Health District

$2,101,429

$2,101,429

$4,202,858

Northeast Tri-County Health District

$110,454

$110,454

$220,908

Thurston County Health Department

$600,419

$600,419

$1,200,838

Wahkiakum County Health Department

$13,773

$13,772

$27,545

Walla Walla County-City Health Department

$172,062

$172,062

$344,124

Whatcom County Health Department

$855,863

$855,863

$1,711,726

Whitman County Health Department

$78,733

$78,733

$157,466

Yakima Health District

$623,797

$623,797

$1,247,594

TOTAL APPROPRIATIONS

$24,000,000

$24,000,000

$48,000,000

      NEW SECTION. Sec. 711. BELATED CLAIMS. The agencies and institutions of the state may expend moneys appropriated in this act, upon approval of the office of financial management, for the payment of supplies and services furnished to the agency or institution in prior fiscal biennia.

      NEW SECTION. Sec. 712. A new section is added to 2003 1st sp.s. c 25 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--INDIVIDUAL DEVELOPMENT ACCOUNT

General Fund--State Appropriation (FY 2006). . . . . . . . .$510,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$511,000

                           TOTAL APPROPRIATION. . . . . . . . $1,021,000

      The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for deposit in the individual development account. If House Bill No. 1408 is not enacted by June 30, 2005, these amounts shall lapse.

      NEW SECTION. Sec. 713. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--CONTRIBUTIONS TO RETIREMENT SYSTEMS. The appropriations in this section are subject to the following conditions and limitations: The appropriations for the law enforcement officers' and firefighters' retirement system shall be made on a monthly basis beginning July 1, 2005, consistent with chapter 41.45 RCW, and the appropriations for the judges and judicial retirement systems shall be made on a quarterly basis consistent with chapters 2.10 and 2.12 RCW.         (1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:

General Fund--State Appropriation (FY 2006). . . . . . $32,450,000

General Fund--State Appropriation (FY 2007). . . . . . $38,550,000

      (a) $100,000 of the general fund--state appropriations for fiscal year 2006 and $200,000 of the general fund--state appropriations for fiscal year 2007 are provided solely to implement Substitute House Bill No. 1936 (emergency medical technicians). If the bill is not enacted by June 30, 2005, the amounts provided shall lapse.

      (b) $950,000 of the general fund--state appropriation for fiscal year 2006 and $950,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the state contributions required under Substitute Senate Bill No. 5615 (law enforcement officers' and fire fighters' retirement system plan 2 disability benefit). If the bill is not enacted by June 30, 2005, the amounts provided shall lapse.

      (2) There is appropriated for contributions to the judicial retirement system:

General Fund--State Appropriation (FY 2006). . . . . . . $6,000,000

General Fund--State Appropriation (FY 2007). . . . . . . $6,000,000

      (3) There is appropriated for contributions to the judges retirement system:

General Fund--State Appropriation (FY 2006). . . . . . . . .$300,000

General Fund--State Appropriation (FY 2007). . . . . . . . .$300,000

                           TOTAL APPROPRIATION. . . . . . . $83,600,000

      NEW SECTION. Sec. 714. FOR THE OFFICE OF FINANCIAL MANAGEMENT--EDUCATION TECHNOLOGY REVOLVING ACCOUNT

General Fund--State Appropriation (FY 2006). . . . . . . $6,840,000

General Fund--State Appropriation (FY 2007). . . . . . . $6,840,000

                           TOTAL APPROPRIATION. . . . . . . $13,680,000

      The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for deposit in the education technology revolving account for the purpose of covering ongoing operational and equipment replacement costs incurred by the K-20 educational network program in providing telecommunication services to network participants.

      NEW SECTION. Sec. 715. FOR THE OFFICE OF FINANCIAL MANAGEMENT--BASE REALIGNMENT AND CLOSURE ASSISTANCE

General Fund--State Appropriation (FY 2006). . . . . . . . .$150,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to support projects in Island county, Kitsap county, Pierce county, Snohomish county, and Spokane county when a military base in that county is at risk of being identified for closure on the federal base realignment and closure process. The office of financial management shall establish a process for selecting projects for funding based on criteria used to determine the federal base realignment and closure list and recommendations by the department of community, trade, and economic development and the military department. Final allocation of the grants shall be at the discretion and with the approval of the director of the office of financial management.

      NEW SECTION. Sec. 716. FOR THE GOVERNOR--LIFE SCIENCES DISCOVERY FUND AUTHORITY

General Fund--State Appropriation (FY 2006). . . . . . . . .$150,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for a grant to the life sciences discovery fund authority to be used in accordance with Engrossed Second Substitute Senate Bill No. 5581 (life sciences). If the bill is not enacted by June 30, 2005, the appropriation in this section shall lapse.

      NEW SECTION. Sec. 717. DOUBLE-FILLED PERSONNEL POSITIONS. From appropriations in this act, the director of financial management shall reduce general fund--state appropriations for fiscal year 2006 by $1,333,000 and general fund--state appropriations for fiscal year 2007 by $2,667,000 to reflect the elimination of double-filled personnel positions in which two or more persons occupy the same position in the state personnel system. The allotment reductions shall be placed in unallotted status and remain unexpended.

      NEW SECTION. Sec. 718. CRITICAL HIGH DEMAND EMPLOYEES. From the funds placed in unallotted status under section 717 of this act, the office of financial management may allot up to $1,333,000 for fiscal year 2006 and $2,667,000 for fiscal year 2007 to meet critical staffing needs of state agencies, particularly need for employees with high degrees of technical skill in high-demand nonmanagerial occupations. In no event may any of these funds be used, directly or indirectly, to increase employee compensation.

      NEW SECTION. Sec. 719. FOR THE OFFICE OF THE GOVERNOR--JOINT TASK FORCE ON MENTAL HEALTH General Fund--State Appropriation (FY 2006).$25,000

General Fund--State Appropriation (FY 2007). . . . . . . . . .$25,000

                           TOTAL APPROPRIATION. . . . . . . . . . .$50,000

      The appropriations in this section are subject to the following conditions and limitations: Amounts are provided for the task force created in House Bill No. 1290 (community mental health). If House Bill No. 1290 is not enacted by June 30, 2005, the amounts provided in this section shall lapse.

      NEW SECTION. Sec. 720. STRATEGIC PURCHASING STRATEGY. (1) The office of financial management shall work with the appropriate state agencies to generate savings of $50,000,000, of which $25,000,000 shall be from the state general fund, that can arise from a strategic purchasing strategy. From appropriations in this act, the office of financial management shall reduce general fund--state allotments by $8 million for fiscal year 2006 and by $17 million for fiscal year 2007 to reflect the savings from the strategic purchasing strategy. The allotment reductions shall be placed in unallotted status and remain unexpended.

      (2) The department of general administration, with the assistance of the department of information services and the department of printing and in consultation with the office of financial management, shall conduct an analysis of the state's purchasing processes to identify the most reasonable strategy of attaining a statewide savings target of $50,000,000 without affecting direct program activities. The analysis shall identify savings by agency and fund that will result from the implementation of a strategic purchasing strategy. The results of this analysis shall then be provided to the director of financial management by October 1, 2005, so the director may use it as the basis to achieve the savings identified in subsection (1) of this section.

      (3) Before the purchase of goods and services, all state agencies and higher education institutions shall first consider the utilization of current or existing master contracts. All state agencies and higher education institutions shall strive to use master contracts when that use is consistent with the agency's requirements and purchase is financially cost-effective.

      NEW SECTION. Sec. 721. WASHINGTON MANAGEMENT SERVICES MIDDLE MANAGEMENT REDUCTION. (1) Appropriations made in this act assume the reduction of 1,000 middle managers.

      (2) The office of financial management shall report to the fiscal committees of the legislature on the implementation of reduction no later than June 30, 2006, and again no later than June 30, 2007. The report will include the following information for each position eliminated: (a) Job classification; (b) date the position was eliminated; (c) the amount saved by fund source; (d) whether the employee who previously held the vacated position still works in another position within the agency; and (e) whether the employee who previously held the vacated position still works in any other state agency.

      NEW SECTION. Sec. 722. FOR THE OFFICE OF FINANCIAL MANAGEMENT--EXTRAORDINARY CRIMINAL JUSTICE COSTS

Public Safety and Education Account--State

      Appropriation (FY 2006). . . . . . . . . . . . . . . . . . . . . . . .$70,000

      The appropriation in this section is subject to the following conditions and limitations: The director of financial management shall distribute the appropriation to the following county in the amounts designated for extraordinary criminal justice costs:

      Grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70,000

      NEW SECTION. Sec. 723. FOR THE OFFICE OF FINANCIAL MANAGEMENT--STATE EMERGENCY WATER PROJECTS REVOLVING ACCOUNT

General Fund--State Appropriation (FY 2006). . . . . . . . .$725,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for deposit in the state emergency water projects revolving account.

      NEW SECTION. Sec. 724. INCENTIVE SAVINGS--FY 2006. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2006, from the total amount of unspent fiscal year 2006 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.

      (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.

      (2) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.

      NEW SECTION. Sec. 725. INCENTIVE SAVINGS--FY 2007. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2007, from the total amount of unspent fiscal year 2007 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.

      (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.

      (2) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.

      NEW SECTION. Sec. 726. NONREPRESENTED EMPLOYEE SALARY SURVEY. For state employees, except those represented by a bargaining unit under the personnel system reform act of 2002, funding is provided within agency appropriations for implementation of the department of personnel's 2002 salary survey, for job classes more than 25% below market rates.

      NEW SECTION. Sec. 727. FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT SYSTEMS. Funding is provided within agency appropriations solely for funding agency pension changes as set forth in Substitute House Bill No. 1044 (pension funding methodology).

      NEW SECTION. Sec. 728. STATE EMPLOYEE INSURANCE BENEFIT RESERVE. $20,000,000 in the public employees' and retirees' insurance account shall be held in reserve and may be expended only to the extent that it is required to prevent the average employee share of medical insurance premiums from rising above 12% due to inflation above the assumed rate and shall not be used to expand benefits or to reduce the average employee share of medical insurance premium costs to less than 12%. If additional funds beyond the amount held in reserve by this section are needed, the legislature intends to appropriate additional funds to cover the cost of inflation, up to a maximum of 11%, in order to maintain the average employee share of medical premiums at no more than 12%.

      NEW SECTION. Sec. 729. FOR THE OFFICE OF FINANCIAL MANAGEMENT--PENSION CONTRIBUTION ADJUSTMENTS FOR THE PUBLIC SAFETY EMPLOYEES' RETIREMENT SYSTEMGeneral Fund--State Appropriation (FY 2007). . . . . . . . . . . . . . . . . . . . . . . . $4,400,000

Special Account Retirement Contribution Increase

      Revolving Account Appropriation. . . . . . . . . . . . ($3,900,000)

                           TOTAL APPROPRIATION. . . . . . . . . .$500,000

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

      (1) The appropriations in this section are provided solely to make adjustments to agency appropriations to reflect the costs associated with the entry of employees into the public safety employees' retirement system as created by chapter 242, Laws of 2004.

      (2) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer is directed to transfer sufficient moneys from each dedicated fund or account to the special account retirement contribution increase revolving account in accordance with schedules provided by the office of financial management.

 

(End of part)

 

PART VIII

OTHER TRANSFERS AND APPROPRIATIONS

 

      NEW SECTION. Sec. 801. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

General Fund Appropriation for fire insurance

      premium distributions. . . . . . . . . . . . . . . . . . . . . . . .$6,577,000

General Fund Appropriation for public utility

      district excise tax distributions. . . . . . . . . . . . . . . .$45,422,000

General Fund Appropriation for prosecuting

      attorney distributions. . . . . . . . . . . . . . . . . . . . . . . . $3,457,000

General Fund Appropriation for boating safety and

      education distributions. . . . . . . . . . . . . . . . . . . . . . .$4,430,000

General Fund Appropriation for other tax

      distributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$38,000

Death Investigations Account Appropriation for

      distribution to counties for publicly

      funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,969,000

Aquatic Lands Enhancement Account Appropriation

      for harbor improvement revenue

      distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$147,000

Timber Tax Distribution Account Appropriation for

      distribution to "timber" counties. . . . . . . . . . . . . . $71,110,000

County Criminal Justice Assistance

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$53,914,000

Municipal Criminal Justice Assistance

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,104,000

Liquor Excise Tax Account Appropriation for

      liquor excise tax distribution. . . . . . . . . . . . . . . . . $37,413,000

Liquor Revolving Account Appropriation for

      liquor profits distribution. . . . . . . . . . . . . . . . . . . . $76,186,000

City-County Assistance Account Appropriation for

      local government financial assistance distribution.$20,100,000

                           TOTAL APPROPRIATION. . . . . . $350,527,000

      The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

      NEW SECTION. Sec. 802. FOR THE STATE TREASURER--FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT

Impaired Driving Safety Account Appropriation. . . . . .$1,913,400

      The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed quarterly during the 2005-07 biennium in accordance with RCW 82.14.310. This funding is provided to counties for the costs of implementing criminal justice legislation including, but not limited to: Chapter 206, Laws of 1998 (drunk driving penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998 (DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215, Laws of 1998 (DUI provisions).

      NEW SECTION. Sec. 803. FOR THE STATE TREASURER--FOR THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT

Impaired Driving Safety Account Appropriation. . . . . .$1,275,600

      The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed quarterly during the 2005-07 biennium to all cities ratably based on population as last determined by the office of financial management. The distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located. This funding is provided to cities for the costs of implementing criminal justice legislation including, but not limited to: Chapter 206, Laws of 1998 (drunk driving penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998 (DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215, Laws of 1998 (DUI provisions).


      NEW SECTION. Sec. 804. FOR THE STATE TREASURER--FEDERAL REVENUES FOR DISTRIBUTION

General Fund Appropriation for federal grazing

      fees distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,632,000

General Fund Appropriation for federal flood

      control funds distribution. . . . . . . . . . . . . . . . . . . . . . . $68,000

Forest Reserve Fund Appropriation for federal

      forest reserve fund distribution. . . . . . . . . . . . . . . .$84,500,000

                           TOTAL APPROPRIATION. . . . . . . $86,200,000

      The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

      NEW SECTION. Sec. 805. FOR THE STATE TREASURER--TRANSFERS. For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs.

State Convention and Trade Center Account:

      For transfer to the state general fund,

      $5,150,000 for fiscal year 2006 and $5,150,000

      for fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . . .$10,300,000

General Fund: For transfer to the tourism

      development and promotion account, $150,000

      for fiscal year 2006 and $150,000 for fiscal

      year 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000

Financial Services Regulation Account: For transfer

      to the state general fund, $778,000 for

      fiscal year 2006 and $779,000 for fiscal

      year 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,557,000

Public Works Assistance Account: For

      transfer to the drinking water

      assistance account, $8,400,000 for fiscal

      year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,400,000

Tobacco Settlement Account: For transfer

      to the health services account, in an

      amount not to exceed the actual balance

      of the tobacco settlement account. . . . . . . . . . . . $185,823,000

Health Services Account: For transfer to the

      state general fund, $45,000,000 for fiscal

      year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,000,000

Health Services Account: For transfer to the

      tobacco prevention and control account. . . . . . . . .$23,366,000

Health Services Account: For transfer to the

      water quality account. . . . . . . . . . . . . . . . . . . . . . . . $7,885,000

Health Services Account: For transfer to the

      violence reduction and drug enforcement

      account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,932,000

Public Employees' and Retirees' Insurance Account:

      For transfer to the state general fund,

      $40,000,000 for fiscal year 2006 and

      $45,000,000 for fiscal year 2007. . . . . . . . . . . . . . $85,000,000

Department of Retirement Systems Expense Account:

      For transfer to the state general fund,

      $2,000,000 for fiscal year 2006. . . . . . . . . . . . . . . . $2,000,000

Secretary of State's Revolving Account: For

      transfer to the state general fund, $250,000

      for fiscal year 2006 and $250,000 for

      fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

State Treasurer's Service Account: For transfer

      to the state general fund, $5,500,000 for fiscal

      year 2006 and $5,000,000 for fiscal year

      2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,500,000

General Fund: For transfer to the water quality

      account, $318,000 for fiscal year 2006 and

      $319,000 for fiscal year 2007. . . . . . . . . . . . . . . . . . . $637,000

State Toxics Control Account: For transfer to the

      water quality account. . . . . . . . . . . . . . . . . . . . . . . $12,500,000

Water Quality Account: For transfer to the

      water pollution control revolving account. . . . . . .$10,534,000

Pollution Liability Insurance Trust Account: For

      transfer to the state general fund. . . . . . . . . . . . . . . .$7,500,000

Drinking Water Assistance Account: For transfer

      to the drinking water assistance repayment

      account, an amount not to exceed. . . . . . . . . . . . . .$15,000,000

Waste Reduction, Recycling, and Litter Control

      Account: For transfer to the state general

      fund, $1,000,000 for fiscal year 2006 and

      $1,000,000 for fiscal year 2007. . . . . . . . . . . . . . . . $2,000,000

Public Works Assistance Account: For transfer to

      the public facility construction loan revolving

      account, $4,500,000 for fiscal year 2006. . . . . . . . .$4,500,000

Nisqually Earthquake Account: For transfer to

      the disaster response account, $3,000,000 for

      fiscal year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,000,000

Natural Resources Equipment Revolving Fund: For

      transfer to the state general fund for fiscal

      year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

General Fund: For transfer to the violence

      reduction and drug enforcement account,

      $1,500,000 for fiscal year 2006 and $1,500,000

      for fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . . . .$3,000,000

Education Legacy Trust Account: For transfer

      to the student achievement account,

      $35,541,000 for fiscal year 2006 and

      $102,697,000 for fiscal year 2007. . . . . . . . . . . . $138,238,000

Tobacco Prevention and Control Account: For

      transfer to the state general fund, $13,910,000

      for fiscal year 2006. . . . . . . . . . . . . . . . . . . . . . . . .$13,910,000

      NEW SECTION. Sec. 806. FOR THE STATE TREASURER--TRANSFERS. For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs. The transfers are subject to the enactment of Senate Bill No. 5391 (tricare supplemental insurance), chapter 46, Laws of 2005.

Public Employees' and Retirees' Insurance Account:

      For transfer to the state general fund,

      $5,000,000 for fiscal year 2006 and $12,000,000

      for fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . . .$17,000,000

General Fund--State Account: For transfer

      to the tourism development and promotion

      account, $150,000 for fiscal year 2006 and

      $150,000 for fiscal year 2007. . . . . . . . . . . . . . . . . . . $300,000

 

(End of part)

 

PART IX

MISCELLANEOUS

 

      NEW SECTION. Sec. 901. EXPENDITURE AUTHORIZATIONS. The appropriations contained in this act are maximum expenditure authorizations. Pursuant to RCW 43.88.037, moneys disbursed from the treasury on the basis of a formal loan agreement shall be recorded as loans receivable and not as expenditures for accounting purposes. To the extent that moneys are disbursed on a loan basis, the corresponding appropriation shall be reduced by the amount of loan moneys disbursed from the treasury during the 2003-05 biennium.

      NEW SECTION. Sec. 902. INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.

      (1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative statewide infrastructure.

      (2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:

      (a) System refurbishment, acquisitions, and development efforts;

      (b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;

      (c) Assessment of overall information processing performance, resources, and capabilities;

      (d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and

      (e) Progress toward enabling electronic access to public information.

      (3) Each project will be planned and designed to take optimal advantage of Internet technologies and protocols. Agencies shall ensure that the project is in compliance with the architecture, infrastructure, principles, policies, and standards of digital government as maintained by the information services board.

      (4) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and statewide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.

      (5) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.

      (6) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.

      (7) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.

      (8) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.

      NEW SECTION. Sec. 903. BUSINESS CONTINUITY AND DISASTER RECOVERY. State agencies shall comply with the business continuity and disaster recovery policies, guidelines, and statements of direction developed by the department of information services and the information services board in consultation with state agencies. To ensure that agency business continuity and disaster recovery activities identify the primary risks across state agencies, account for dependencies between agencies, capitalize on economies of scale, and avoid unnecessary duplication of costs and efforts, state agencies shall receive the prior approval of the department of information services before implementing business continuity and disaster recovery strategies and expending funds for business continuity activities.

      NEW SECTION. Sec. 904. VIDEO TELECOMMUNICATIONS. The department of information services shall act as lead agency in coordinating video telecommunications services for state agencies. As lead agency, the department shall develop standards and common specifications for leased and purchased telecommunications equipment and assist state agencies in developing a video telecommunications expenditure plan. No agency may spend any portion of any appropriation in this act for new video telecommunication equipment, new video telecommunication transmission, or new video telecommunication programming, or for expanding current video telecommunication systems without first complying with chapter 43.105 RCW, including but not limited to, RCW 43.105.041(2), and without first submitting a video telecommunications expenditure plan, in accordance with the policies of the department of information services, for review and assessment by the department of information services under RCW 43.105.052. Prior to any such expenditure by a public school, a video telecommunications expenditure plan shall be approved by the superintendent of public instruction. The office of the superintendent of public instruction shall submit the plans to the department of information services in a form prescribed by the department. The office of the superintendent of public instruction shall coordinate the use of video telecommunications in public schools by providing educational information to local school districts and shall assist local school districts and educational service districts in telecommunications planning and curriculum development. Prior to any such expenditure by a public institution of postsecondary education, a telecommunications expenditure plan shall be approved by the higher education coordinating board. The higher education coordinating board shall coordinate the use of video telecommunications for instruction and instructional support in postsecondary education, including the review and approval of instructional telecommunications course offerings.

      NEW SECTION. Sec. 905. PROGRAM COST SHIFTS. Any program costs or moneys in this act that are shifted to the general fund from another fund or account require an adjustment to the expenditure limit under RCW 43.135.035(5).

      NEW SECTION. Sec. 906. EMERGENCY FUND ALLOCATIONS. Whenever allocations are made from the governor's emergency fund appropriation to an agency that is financed in whole or in part by other than general fund moneys, the director of financial management may direct the repayment of such allocated amount to the general fund from any balance in the fund or funds which finance the agency. No appropriation shall be necessary to effect such repayment.

      NEW SECTION. Sec. 907. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenues for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system plan 2, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under chapters 39.94 and 39.96 RCW or any proper bond covenant made under law.

      NEW SECTION. Sec. 908. BOND EXPENSES. In addition to such other appropriations as are made by this act, there is hereby appropriated to the state finance committee from legally available bond proceeds in the applicable construction or building funds and accounts such amounts as are necessary to pay the expenses incurred in the issuance and sale of the subject bonds.

      NEW SECTION. Sec. 909. VOLUNTARY SEPARATION INCENTIVES. As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may offer voluntary separation and/or downshifting incentives and options according to procedures and guidelines established by the department of personnel and the department of retirement systems in consultation with the office of financial management. The options may include, but are not limited to, financial incentives for: Voluntary resignation and retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, or temporary separation for development purposes. No employee shall have a contractual right to a financial incentive offered pursuant to this section.

      Agencies shall report on the outcomes of their plans, and offers shall be reviewed and monitored jointly by the department of personnel and the department of retirement systems, for reporting to the office of financial management by December 1, 2006.

      NEW SECTION. Sec. 910. VOLUNTARY RETIREMENT INCENTIVES. It is the intent of the legislature that agencies may implement a voluntary retirement incentive program that is cost neutral or results in cost savings provided that such a program is approved by the director of retirement systems and the office of financial management. Agencies participating in this authorization are required to submit a report by June 30, 2007, to the legislature and the office of financial management on the outcome of their approved retirement incentive program. The report should include information on the details of the program including resulting service delivery changes, agency efficiencies, the cost of the retirement incentive per participant, the total cost to the state, and the projected or actual net dollar savings over the 2005-07 biennium.

      NEW SECTION. Sec. 911. AGENCY EXPENDITURES FOR MOTOR VEHICLES. The use of hybrid motor vehicles reduces air contaminants, greenhouse gas emissions and reliance on imported sources of petroleum. To foster the use of hybrid motor vehicles, beginning July 1, 2005, before the purchase or lease of a motor vehicle, state agencies should first consider the feasibility of hybrid motor vehicles. State agencies should strive to purchase or lease a hybrid motor vehicle when the use of such vehicle is consistent with and can accomplish the agency's mission and when the purchase is financially reasonable. The financial assessment should include savings accruing from reduced fuel purchases over the life of the vehicle. Agencies shall report on their purchases of hybrid vehicles in their biennial sustainability plans as required under executive order 02-03.

      Sec. 912. RCW 28A.160.195 and 2004 c 276 s 904 are each amended to read as follows:

      (1) The superintendent of public instruction, in consultation with the regional transportation coordinators of the educational service districts, shall establish a minimum number of school bus categories considering the capacity and type of vehicles required by school districts in Washington. The superintendent, in consultation with the regional transportation coordinators of the educational service districts, shall establish competitive specifications for each category of school bus. The categories shall be developed to produce minimum long-range operating costs, including costs of equipment and all costs in operating the vehicles. The categories, for purposes of comparative studies, will be at a minimum the same as those in the beginning of the 1994-95 school year. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts. In fiscal ((year 2005)) years 2006 and 2007, the superintendent may solicit and accept price quotes for a rear-engine category school bus that shall be reimbursed at the price of the corresponding front engine category.

      (2) After establishing school bus categories and competitive specifications, the superintendent of public instruction shall solicit competitive price quotes from school bus dealers to be in effect for one year and shall (a) except in fiscal ((year 2005)) years 2006 and 2007, establish a list of the lowest competitive price quotes obtained under this subsection, and (b) in fiscal ((year 2005)) years 2006 and 2007, establish a list of all accepted price quotes in each category obtained under this subsection.

      (3) The superintendent shall base the level of reimbursement to school districts and educational service districts for school buses on the lowest quote in each category.

      (4) Notwithstanding RCW 28A.335.190, school districts and educational service districts may purchase at the quoted price directly from the dealer who is providing the lowest competitive price quote on the list established under subsection (2) of this section and in fiscal ((year 2005)) years 2006 and 2007 from any dealer on the list established under subsection (2)(b) of this section. School districts and educational service districts may make their own selections for school buses, but shall be reimbursed at the rates determined under subsection (3) of this section and RCW 28A.160.200. District-selected options shall not be reimbursed by the state. For the ((2003-05)) 2005-2007 fiscal biennium, school districts and educational service districts shall be reimbursed for buses purchased only through a lowest-price competitive bid process conducted pursuant to RCW 28A.335.190 or through the state bid process established by this section.

      (5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process.

      (6) The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section.


      Sec. 913. RCW 28A.305.210 and 2003 1st sp.s. c 25 s 911 are each amended to read as follows:

      (1) The state board of education, by rule or regulation, may require the assistance of educational service district boards and/or superintendents in the performance of any duty, authority, or power imposed upon or granted to the state board of education by law, upon such terms and conditions as the state board of education shall establish. Such authority to assist the state board of education shall be limited to the service function of information collection and dissemination and the attestment to the accuracy and completeness of submitted information.

      (2) During the ((2003-05)) 2005-2007 biennium, educational service districts may, at the request of the state board of education, receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education postsite visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.

      Sec. 914. RCW 28A.500.030 and 2003 1st sp.s. c 25 s 912 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.

      (4) From January 1, 2004, to ((June 30,)) December 31, 2005, allocations and maximum eligibility under this chapter shall be multiplied by 0.937.

      (5) From January 1, 2006, to June 30, 2007, allocations and maximum eligibility under this chapter shall be multiplied by 0.9563.

      Sec. 915. RCW 28A.600.110 and 2004 c 275 s 46 are each amended to read as follows:

      There is established by the legislature of the state of Washington the Washington state scholars program. The purposes of this program annually are to:

      (1) Provide for the selection of three seniors residing in each legislative district in the state graduating from high schools who have distinguished themselves academically among their peers, except that during fiscal year 2007, no more than two seniors plus one alternate may be selected.

      (2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of Washington state public and private high school seniors through appropriate recognition ceremonies and events at both the local and state level.

      (3) Provide a listing of the Washington scholars to all Washington state public and private colleges and universities to facilitate communication regarding academic programs and scholarship availability.

      (4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding high school seniors.

      (5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship availability.

      (6) Permit a waiver of tuition and services and activities fees as provided for in RCW 28B.15.543 and grants under RCW 28B.76.660.

      Sec. 916. RCW 28A.600.150 and 1999 c 159 s 2 are each amended to read as follows:

      Each year, three Washington scholars and one Washington scholars-alternate shall be selected from the students nominated under RCW 28A.600.140, except that during fiscal year 2007, no more than two scholars plus one alternate may be selected. The higher education coordinating board shall notify the students so designated, their high school principals, the legislators of their respective districts, and the governor when final selections have been made.

      The board, in conjunction with the governor's office, shall prepare appropriate certificates to be presented to the Washington scholars and the Washington scholars-alternates. An awards ceremony at an appropriate time and place shall be planned by the board in cooperation with the Washington association of secondary school principals, and with the approval of the governor.

      Sec. 917. RCW 28B.76.660 and 2004 c 275 s 24 are each amended to read as follows:

      (1) Recipients of the Washington scholars award or the Washington scholars-alternate award under RCW 28A.600.100 through 28A.600.150 who choose to attend an independent college or university in this state, as defined in subsection (4) of this section, and recipients of the award named after June 30, 1994, who choose to attend a public college or university in the state may receive grants under this section if moneys are available. The higher education coordinating board shall distribute grants to eligible students under this section from moneys appropriated for this purpose. The individual grants shall not exceed, on a yearly basis, the yearly, full-time, resident, undergraduate tuition and service and activities fees in effect at the state-funded research universities. Grants to recipients attending an independent institution shall be contingent upon the institution matching on at least a dollar-for-dollar basis, either with actual money or by a waiver of fees, the amount of the grant received by the student from the state. The higher education coordinating board shall establish procedures, by rule, to disburse the awards as direct grants to the students.

      (2) The higher education coordinating board shall establish rules that provide for the annual awarding of grants, if moneys are available, to three Washington scholars per legislative district except for fiscal year 2007 when no more than two scholars per district shall be selected; and, if not used by an original recipient, to the Washington scholars-alternate from the same legislative district.

      Beginning with scholars selected in the year 2000, if the recipients of grants fail to demonstrate in a timely manner that they will enroll in a Washington institution of higher education in the fall term of the academic year following the award of the grant or are deemed by the higher education coordinating board to have withdrawn from college during the first academic year following the award, then the grant shall be considered relinquished. The higher education coordinating board may then award any remaining grant amounts to the Washington scholars-alternate from the same legislative district if the grants are awarded within one calendar year of the recipient being named a Washington scholars-alternate. Washington scholars-alternates named as recipients of the grant must also demonstrate in a timely manner that they will enroll in a Washington institution of higher education during the next available term, as determined by the higher education coordinating board. The board may accept appeals and grant waivers to the enrollment requirements of this section based on exceptional mitigating circumstances of individual grant recipients.

      To maintain eligibility for the grants, recipients must maintain a minimum grade point average at the college or university equivalent to 3.30. Students shall be eligible to receive a maximum of twelve quarters or eight semesters of grants for undergraduate study and may transfer among in-state public and independent colleges and universities during that period and continue to receive the grant as provided under RCW 28B.76.665. If the student's cumulative grade point average falls below 3.30 during the first three quarters or two semesters, that student may petition the higher education coordinating board which shall have the authority to establish a probationary period until such time as the student's grade point average meets required standards.

      (3) No grant shall be awarded to any student who is pursuing a degree in theology.

      (4) As used in this section, "independent college or university" means a private, nonprofit educational institution, the main campus of which is permanently situated in the state, open to residents of the state, providing programs of education beyond the high school level leading at least to the baccalaureate degree, and accredited by the northwest association of schools and colleges as of June 9, 1988, and other institutions as may be developed that are approved by the higher education coordinating board as meeting equivalent standards as those institutions accredited under this section.

      (5) As used in this section, "public college or university" means an institution of higher education as defined in RCW 28B.10.016.

      Sec. 918. RCW 28B.102.040 and 2004 c 276 s 905, 2004 c 275 s 68, and 2004 c 58 s 4 are each reenacted and amended to read as follows:

      (1) The board may select participants based on an application process conducted by the board or the board may utilize selection processes for similar students in cooperation with the professional educator standards board or the office of the superintendent of public instruction.

      (2) If the board selects participants for the program, it shall establish a selection committee for screening and selecting recipients of the conditional scholarships. The criteria shall emphasize factors demonstrating excellence including but not limited to superior scholastic achievement, leadership ability, community contributions, bilingual ability, willingness to commit to providing teaching service in shortage areas, and an ability to act as a role model for students. Priority will be given to individuals seeking certification or an additional endorsement in math, science, technology, or special education.

      ((Subject to enactment of chapter 58, Laws of 2004,)) For fiscal years ((2005)) 2006 and 2007, additional priority shall be given to such individuals who are also bilingual. It is the intent of the legislature to develop a pool of dual-language teachers in order to meet the challenge of educating students who are dominant in languages other than English.

      Sec. 919. RCW 41.05.050 and 2003 c 158 s 1 are each amended to read as follows:

      (1) Every department, division, or separate agency of state government, and such county, municipal, school district, educational service district, or other political subdivisions as are covered by this chapter, shall provide contributions to insurance and health care plans for its employees and their dependents, the content of such plans to be determined by the authority. Contributions, paid by the county, the municipality, or other political subdivision for their employees, shall include an amount determined by the authority to pay such administrative expenses of the authority as are necessary to administer the plans for employees of those groups, except as provided in subsection (4) of this section.

      (2) If the authority at any time determines that the participation of a county, municipal, or other political subdivision covered under this chapter adversely impacts insurance rates for state employees, the authority shall implement limitations on the participation of additional county, municipal, or other political subdivisions.

      (3) The contributions of any department, division, or separate agency of the state government, and such county, municipal, or other political subdivisions as are covered by this chapter, shall be set by the authority, subject to the approval of the governor for availability of funds as specifically appropriated by the legislature for that purpose. Insurance and health care contributions for ferry employees shall be governed by RCW 47.64.270.

      (4)(a) Beginning September 1, 2003, the authority shall collect from each participating school district and educational service district an amount equal to the composite rate charged to state agencies, plus an amount equal to the employee premiums by plan and family size as would be charged to state employees, for groups of district employees enrolled in authority plans as of January 1, 2003. However, during the 2005-07 fiscal biennium, the authority shall collect from each participating school district and educational service district an amount equal to the insurance benefit allocations provided in section 504 of this act, plus any additional funding provided by the legislature for school employee health benefits, plus an amount equal to the employee premiums by plan and family size as would be charged to state employees, for groups of district employees enrolled in authority plans as of July 1, 2005.

      (b) For all groups of district employees enrolling in authority plans for the first time after September 1, 2003, the authority shall collect from each participating school district an amount equal to the composite rate charged to state agencies, plus an amount equal to the employee premiums by plan and by family size as would be charged to state employees, only if the authority determines that this method of billing the districts will not result in a material difference between revenues from districts and expenditures made by the authority on behalf of districts and their employees.

      (c) If the authority determines at any time that the conditions in (b) of this subsection cannot be met, the authority shall offer enrollment to additional groups of district employees on a tiered rate structure until such time as the authority determines there would be no material difference between revenues and expenditures under a composite rate structure for all district employees enrolled in authority plans.

      (d) The authority may charge districts a one-time set-up fee for employee groups enrolling in authority plans for the first time.

      (e) For the purposes of this subsection:

      (i) "District" means school district and educational service district; and

      (ii) "Tiered rates" means the amounts the authority must pay to insuring entities by plan and by family size.

      (f) Notwithstanding this subsection and RCW 41.05.065(3), the authority may allow districts enrolled on a tiered rate structure prior to September 1, 2002, to continue participation based on the same rate structure and under the same conditions and eligibility criteria.

      (5) The authority shall transmit a recommendation for the amount of the employer contribution to the governor and the director of financial management for inclusion in the proposed budgets submitted to the legislature.

      Sec. 920. RCW 41.05.065 and 2003 c 158 s 2 are each amended to read as follows:

      (1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability income insurance or any of, or a combination of, the enumerated types of insurance for employees and their dependents on the best basis possible with relation both to the welfare of the employees and to the state. However, liability insurance shall not be made available to dependents.

      (2) The board shall develop employee benefit plans that include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the following elements:

      (a) Methods of maximizing cost containment while ensuring access to quality health care;

      (b) Development of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems and prospective payment methods;

      (c) Wellness incentives that focus on proven strategies, such as smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;

      (d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;

      (e) Effective coordination of benefits;

      (f) Minimum standards for insuring entities; and

      (g) Minimum scope and content of public employee benefit plans to be offered to enrollees participating in the employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee eligibility criteria related to the number of hours worked and the benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan and eligibility criteria in effect on January 1, 1993. Nothing in this subsection (2)(g) shall prohibit changes or increases in employee point-of-service payments or employee premium payments for benefits.

      (3) The board shall design benefits and determine the terms and conditions of employee participation and coverage, including establishment of eligibility criteria. The same terms and conditions of participation and coverage, including eligibility criteria, shall apply to state employees and to school district employees and educational service district employees.

      (4) The board may authorize premium contributions for an employee and the employee's dependents in a manner that encourages the use of cost-efficient managed health care systems. During the 2005-2007 fiscal biennium, the board may only authorize premium contributions for an employee and the employee's dependents that are the same, regardless of an employee's status as represented or nonrepresented by a collective bargaining unit under the personnel system reform act of 2002. The board shall require participating school district and educational service district employees to pay at least the same employee premiums by plan and family size as state employees pay.

      (5) Employees shall choose participation in one of the health care benefit plans developed by the board and may be permitted to waive coverage under terms and conditions established by the board.

      (6) The board shall review plans proposed by insuring entities that desire to offer property insurance and/or accident and casualty insurance to state employees through payroll deduction. The board may approve any such plan for payroll deduction by insuring entities holding a valid certificate of authority in the state of Washington and which the board determines to be in the best interests of employees and the state. The board shall promulgate rules setting forth criteria by which it shall evaluate the plans.

      (7) Before January 1, 1998, the public employees' benefits board shall make available one or more fully insured long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made available to eligible employees, retired employees, and retired school employees as well as eligible dependents which, for the purpose of this section, includes the parents of the employee or retiree and the parents of the spouse of the employee or retiree. Employees of local governments and employees of political subdivisions not otherwise enrolled in the public employees' benefits board sponsored medical programs may enroll under terms and conditions established by the administrator, if it does not jeopardize the financial viability of the public employees' benefits board's long-term care offering.

      (a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees' benefits board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to reasonable underwriting guidelines and eligibility rules established by the public employees' benefits board and the health care authority.

      (b) The employee, retired employee, and retired school employee are solely responsible for the payment of the premium rates developed by the health care authority. The health care authority is authorized to charge a reasonable administrative fee in addition to the premium charged by the long-term care insurer, which shall include the health care authority's cost of administration, marketing, and consumer education materials prepared by the health care authority and the office of the insurance commissioner.

      (c) To the extent administratively possible, the state shall establish an automatic payroll or pension deduction system for the payment of the long-term care insurance premiums.

      (d) The public employees' benefits board and the health care authority shall establish a technical advisory committee to provide advice in the development of the benefit design and establishment of underwriting guidelines and eligibility rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives of the office of the insurance commissioner, providers of long-term care services, licensed insurance agents with expertise in long-term care insurance, employees, retired employees, retired school employees, and other interested parties determined to be appropriate by the board.

      (e) The health care authority shall offer employees, retired employees, and retired school employees the option of purchasing long-term care insurance through licensed agents or brokers appointed by the long-term care insurer. The authority, in consultation with the public employees' benefits board, shall establish marketing procedures and may consider all premium components as a part of the contract negotiations with the long-term care insurer.

      (f) In developing the long-term care insurance benefit designs, the public employees' benefits board shall include an alternative plan of care benefit, including adult day services, as approved by the office of the insurance commissioner.

      (g) The health care authority, with the cooperation of the office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired employees, and retired school employees designed to provide education on the potential need for long-term care, methods of financing long-term care, and the availability of long-term care insurance products including the products offered by the board.


      (h) By December 1998, the health care authority, in consultation with the public employees' benefits board, shall submit a report to the appropriate committees of the legislature, including an analysis of the marketing and distribution of the long-term care insurance provided under this section.

      Sec. 921. RCW 41.05.120 and 1994 c 153 s 9 are each amended to read as follows:

      (1) The public employees' and retirees' insurance account is hereby established in the custody of the state treasurer, to be used by the administrator for the deposit of contributions, the remittance paid by school districts and educational service districts ((under RCW 28A.400.400)), reserves, dividends, and refunds, and for payment of premiums for employee and retiree insurance benefit contracts and subsidy amounts provided under RCW 41.05.085. Moneys from the account shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the administrator.

      (2) The state treasurer and the state investment board may invest moneys in the public employees' and retirees' insurance account. All such investments shall be in accordance with RCW 43.84.080 or 43.84.150, whichever is applicable. The administrator shall determine whether the state treasurer or the state investment board or both shall invest moneys in the public employees' insurance account.

      (3) During the 2005-07 fiscal biennium, the legislature may transfer from the public employees' and retirees' insurance account such amounts as reflect the excess fund balance of the fund.

      Sec. 922. RCW 41.50.110 and 2003 1st sp.s. c 25 s 914 are each amended to read as follows:

      (1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the office of the state actuary created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 43.43, and 44.44 RCW shall be paid from the department of retirement systems expense fund.

      (2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.

      (3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.

      (4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.

      (5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.

      (a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.

      (b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.

      (c) The department shall adopt rules implementing this section.

      (6) Expenses other than those under RCW 41.34.060(3) shall be paid pursuant to subsection (1) of this section.

      (7) During the ((2003-)) 2005-2007 fiscal biennium, the legislature may transfer from the department of retirement systems' expense fund to the state general fund such amounts as reflect the excess fund balance of the fund.

      Sec. 923. RCW 41.50.110 and 2004 c 242 s 46 are each amended to read as follows:

      (1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the office of the state actuary created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 41.37, 43.43, and 44.44 RCW shall be paid from the department of retirement systems expense fund.

      (2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.

      (3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.

      (4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.

      (5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.

      (a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.

      (b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.

      (c) The department shall adopt rules implementing this section.


      (6) Expenses other than those under RCW 41.34.060(3) shall be paid pursuant to subsection (1) of this section.

      (7) During the ((2003-)) 2005-2007 fiscal biennium, the legislature may transfer from the department of retirement systems' expense fund to the state general fund such amounts as reflect the excess fund balance of the fund.

      Sec. 924. RCW 43.07.130 and 1994 c 211 s 1311 are each amended to read as follows:

      There is created within the state treasury a revolving fund, to be known as the "secretary of state's revolving fund," which shall be used by the office of the secretary of state to defray the costs of printing, reprinting, or distributing printed matter authorized by law to be issued by the office of the secretary of state, and any other cost of carrying out the functions of the secretary of state under Title 23B RCW, or chapters 18.100, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.15, or 25.10 RCW.

      The secretary of state is hereby authorized to charge a fee for such publications in an amount which will compensate for the costs of printing, reprinting, and distributing such printed matter. Fees recovered by the secretary of state under RCW 43.07.120(2), 23B.01.220 (1)(e), (6) and (7), 23B.18.050, 24.03.410, 24.06.455, or 46.64.040, and such other moneys as are expressly designated for deposit in the secretary of state's revolving fund shall be placed in the secretary of state's revolving fund.

      During the 2005-2007 fiscal biennium, the legislature may transfer from the secretary of state's revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.

      Sec. 925. RCW 43.08.190 and 2003 1st sp.s. c 25 s 916 are each amended to read as follows:

      There is hereby created a fund within the state treasury to be known as the "state treasurer's service fund". Such fund shall be used solely for the payment of costs and expenses incurred in the operation and administration of the state treasurer's office.

      Moneys shall be allocated monthly and placed in the state treasurer's service fund equivalent to a maximum of one percent of the trust and treasury average daily cash balances from the earnings generated under the authority of RCW 43.79A.040 and 43.84.080 other than earnings generated from investment of balances in funds and accounts specified in RCW ((43.79.040)) 43.79A.040 or 43.84.092(4)(b). The allocation shall precede the distribution of the remaining earnings as prescribed under RCW 43.79A.040 and 43.84.092. The state treasurer shall establish a uniform allocation rate based on the appropriations for the treasurer's office.

      During the ((2003-)) 2005-2007 fiscal biennium, the legislature may transfer from the state treasurer's service fund to the state general fund such amounts as reflect the excess fund balance of the fund.

      Sec. 926. RCW 43.08.250 and 2003 1st sp.s. c 25 s 918 are each amended to read as follows:

      The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium ending June 30, ((2005)) 2007, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, treatment for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, the replacement of the department of corrections' offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the family policy council and community public health and safety networks, the street youth program, public notification about registered sex offenders, and narcotics or methamphetamine-related enforcement, education, training, and drug and alcohol treatment services.

      Sec. 927. RCW 43.10.180 and 2003 1st sp.s. c 25 s 917 are each amended to read as follows:

      (1) The attorney general shall keep such records as are necessary to facilitate proper allocation of costs to funds and agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be adjusted in line with actual costs incurred at intervals not to exceed six months.

      (2) During the ((2003-05)) 2005-2007 fiscal biennium, all expenses for administration of the office of the attorney general shall be allocated to and paid from the legal services revolving fund in accordance with accounting procedures prescribed by the director of financial management.

      Sec. 928. RCW 43.30.305 and 2003 c 334 s 120 are each amended to read as follows:

      A revolving fund in the custody of the state treasurer, to be known as the natural resources equipment fund, is hereby created to be expended by the department without appropriation solely for the purchase of equipment, machinery, and supplies for the use of the department and for the payment of the costs of repair and maintenance of such equipment, machinery, and supplies. During the 2005-2007 fiscal biennium the legislature may transfer such amounts as represent the excess balance of the fund to the state general fund.

      Sec. 929. RCW 43.43.944 and 2003 1st sp.s. c 25 s 919 are each amended to read as follows:

      (1) The fire service training account is hereby established in the state treasury. The fund shall consist of:

      (a) All fees received by the Washington state patrol for fire service training;

      (b) All grants and bequests accepted by the Washington state patrol under RCW 43.43.940; and

      (c) Twenty percent of all moneys received by the state on fire insurance premiums.

      (2) Moneys in the account may be appropriated only for fire service training. During the ((2003-2005)) 2005-2007 fiscal biennium, the legislature may appropriate funds from this account for school fire prevention activities within the Washington state patrol.

      Sec. 930. RCW 43.72.900 and 2003 c 259 s 1 are each amended to read as follows:

      (1) The health services account is created in the state treasury. Moneys in the account may be spent only after appropriation. Subject to the transfers described in subsection (3) of this section, moneys in the account may be expended only for maintaining and expanding health services access for low-income residents, maintaining and expanding the public health system, maintaining and improving the capacity of the health care system, containing health care costs, and the regulation, planning, and administering of the health care system.

      (2) Funds deposited into the health services account under RCW 82.24.028 and 82.26.028 shall be used solely as follows:

      (a) Five million dollars for the state fiscal year beginning July 1, 2002, and five million dollars for the state fiscal year beginning July 1, 2003, shall be appropriated by the legislature for programs that effectively improve the health of low-income persons, including efforts to reduce diseases and illnesses that harm low-income persons. The department of health shall submit a report to the legislature on March 1, 2002, evaluating the cost-effectiveness of programs that improve the health of low-income persons and address diseases and illnesses that disproportionately affect low-income persons, and making recommendations to the legislature on which of these programs could most effectively utilize the funds appropriated under this subsection.

      (b) Ten percent of the funds deposited into the health services account under RCW 82.24.028 and 82.26.028 remaining after the appropriation under (a) of this subsection shall be transferred no less frequently than annually by the treasurer to the tobacco prevention and control account established by RCW 43.79.480. The funds transferred shall be used exclusively for implementation of the Washington state tobacco prevention and control plan and shall be used only to supplement, and not supplant, funds in the tobacco prevention and control account as of January 1, 2001, however, these funds may be used to replace funds appropriated by the legislature for further implementation of the Washington state tobacco prevention and control plan for the biennium beginning July 1, 2001. For each state fiscal year beginning on and after July 1, 2002, the legislature shall appropriate no less than twenty-six million two hundred forty thousand dollars from the tobacco prevention and control account for implementation of the Washington state tobacco prevention and control plan.

      (c) Because of its demonstrated effectiveness in improving the health of low-income persons and addressing illnesses and diseases that harm low-income persons, the remainder of the funds deposited into the health services account under RCW 82.24.028 and 82.26.028 shall be appropriated solely for Washington basic health plan enrollment as provided in chapter 70.47 RCW. Funds appropriated under this subsection may be used to support outreach and enrollment activities only to the extent necessary to achieve the enrollment goals described in this section.

      (3) Prior to expenditure for the purposes described in subsection (2) of this section, funds deposited into the health services account under RCW 82.24.028 and 82.26.028 shall first be transferred to the following accounts to ensure the continued availability of previously dedicated revenues for certain existing programs:

      (a) To the violence reduction and drug enforcement account under RCW 69.50.520, two million two hundred forty-nine thousand five hundred dollars for the state fiscal year beginning July 1, 2001, four million two hundred forty-eight thousand dollars for the state fiscal year beginning July 1, 2002, seven million seven hundred eighty-nine thousand dollars for the biennium beginning July 1, 2003, six million nine hundred thirty-two thousand dollars for the biennium beginning July 1, 2005, and six million nine hundred thirty-two thousand dollars for each biennium thereafter, as required by RCW 82.24.020(2);

      (b) To the health services account under this section, nine million seventy-seven thousand dollars for the state fiscal year beginning July 1, 2001, seventeen million one hundred eighty-eight thousand dollars for the state fiscal year beginning July 1, 2002, thirty-one million seven hundred fifty-five thousand dollars for the biennium beginning July 1, 2003, twenty-eight million six hundred twenty-two thousand dollars for the biennium beginning July 1, 2005, and twenty-eight million six hundred twenty-two thousand dollars for each biennium thereafter, as required by RCW 82.24.020(3); and

      (c) To the water quality account under RCW 70.146.030, two million two hundred three thousand five hundred dollars for the state fiscal year beginning July 1, 2001, four million two hundred forty-four thousand dollars for the state fiscal year beginning July 1, 2002, eight million one hundred eighty-two thousand dollars for the biennium beginning July 1, 2003, seven million eight hundred eighty-five thousand dollars for the biennium beginning July 1, 2005, and seven million eight hundred eighty-five thousand dollars for each biennium thereafter, as required by RCW 82.24.027(2)(a).

      During the ((2001-2003)) 2005-2007 fiscal biennium, the legislature may transfer from the health services account such amounts as reflect the excess fund balance of the account to the state general fund.

      Sec. 931. RCW 43.135.045 and 2003 1st sp.s. c 25 s 920 are each amended to read as follows:

      (1) The emergency reserve fund is established in the state treasury. During each fiscal year, the state treasurer shall deposit in the emergency reserve fund all general fund--state revenues in excess of the state expenditure limit for that fiscal year. Deposits shall be made at the end of each fiscal quarter based on projections of state revenues and the state expenditure limit. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues and the expenditure limit for fiscal year 2000 and thereafter.

      (2) The legislature may appropriate moneys from the emergency reserve fund only with approval of at least two-thirds of the members of each house of the legislature, and then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.

      (3) The emergency reserve fund balance shall not exceed five percent of annual general fund--state revenues as projected by the official state revenue forecast. Any balance in excess of five percent shall be transferred on a quarterly basis by the state treasurer as follows: Seventy-five percent to the student achievement fund hereby created in the state treasury and twenty-five percent to the general fund balance. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year 2000 and thereafter. When per-student state funding for the maintenance and operation of K-12 education meets a level of no less than ninety percent of the national average of total funding from all sources per student as determined by the most recent published data from the national center for education statistics of the United States department of education, as calculated by the office of financial management, further deposits to the student achievement fund shall be required only to the extent necessary to maintain the ninety-percent level. Remaining funds are part of the general fund balance and these funds are subject to the expenditure limits of this chapter.

      (4) The education construction fund is hereby created in the state treasury.

      (a) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction.

      (b) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election. An appropriation approved by the people under this subsection shall result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and shall not affect any subsequent fiscal period.

      (5) Funds from the student achievement fund shall be appropriated to the superintendent of public instruction strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall be made on an equal per full-time equivalent student basis to each school district.

      (6) Earnings of the emergency reserve fund under RCW 43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are in excess of thirty-five million dollars each fiscal year. Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account under this subsection did not total thirty-five million dollars, the state treasurer shall transfer from the emergency reserve fund an amount necessary to bring the total deposited in the multimodal transportation account under this subsection to thirty-five million dollars. The revenues to the multimodal transportation account reflected in this subsection provide ongoing support for the transportation programs of the state. However, it is the intent of the legislature that any new long-term financial support that may be subsequently provided for transportation programs will be used to replace and supplant the revenues reflected in this subsection, thereby allowing those revenues to be returned to the purposes to which they were previously dedicated. No transfers from the emergency reserve fund to the multimodal fund shall be made during the ((2003-05)) 2005-2007 fiscal biennium.

      Sec. 932. RCW 43.320.110 and 2003 1st sp.s. c 25 s 921 and 2003 c 288 s 1 are each reenacted and amended to read as follows:

      There is created a local fund known as the "financial services regulation fund" which shall consist of all moneys received by the divisions of the department of financial institutions, except for the division of securities which shall deposit thirteen percent of all moneys received, except as provided in RCW 43.320.115, and which shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities; the establishment of reserves; and other incidental costs required for the proper regulation of individuals and entities subject to regulation by the department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial institutions or the director's designee. In order to maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.

      During the 2005-2007 fiscal biennium, the legislature may transfer from the financial services regulation fund to the state general fund such amounts as reflect the excess fund balance of the fund.

      Sec. 933. RCW 50.16.010 and 2003 2nd sp.s. c 4 s 23 and 2003 1st sp.s. c 25 s 925 are each reenacted and amended to read as follows:

      (1) There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable.

      (2)(a) The unemployment compensation fund shall consist of:

      (i) All contributions collected under RCW 50.24.010 and payments in lieu of contributions collected pursuant to the provisions of this title;

      (ii) Any property or securities acquired through the use of moneys belonging to the fund;

      (iii) All earnings of such property or securities;

      (iv) Any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended;

      (v) All money recovered on official bonds for losses sustained by the fund;

      (vi) All money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended;

      (vii) All money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304); and

      (viii) All moneys received for the fund from any other source.

      (b) All moneys in the unemployment compensation fund shall be commingled and undivided.

      (3)(a) Except as provided in (b) of this subsection, the administrative contingency fund shall consist of:

      (i) All interest on delinquent contributions collected pursuant to this title;

      (ii) All fines and penalties collected pursuant to the provisions of this title;

      (iii) All sums recovered on official bonds for losses sustained by the fund; and

      (iv) Revenue received under RCW 50.24.014.

      (b) All fees, fines, forfeitures, and penalties collected or assessed by a district court because of the violation of this title or rules adopted under this title shall be remitted as provided in chapter 3.62 RCW.

      (c) Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014(1)(a), shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary solely for:

      (i) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.

      (ii) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.

      (iii) The proper administration of this title for which compliance and audit issues have been identified that establish federal claims requiring the expenditure of state resources in resolution. Claims must be resolved in the following priority: First priority is to provide services to eligible participants within the state; second priority is to provide substitute services or program support; and last priority is the direct payment of funds to the federal government.

      (d) During the ((2003-2005)) 2005-2007 fiscal biennium, the cost of the job skills program ((and the alliance for corporate education)) at community and technical colleges as appropriated by the legislature.

      Money in the special account created under RCW 50.24.014(1)(a) may only be expended, after appropriation, for the purposes specified in this section and RCW 50.62.010, 50.62.020, 50.62.030, 50.24.014, 50.44.053, and 50.22.010.

      Sec. 934. RCW 50.20.190 and 2003 2nd sp.s. c 4 s 26 are each amended to read as follows:

      (1) An individual who is paid any amount as benefits under this title to which he or she is not entitled shall, unless otherwise relieved pursuant to this section, be liable for repayment of the amount overpaid. The department shall issue an overpayment assessment setting forth the reasons for and the amount of the overpayment. The amount assessed, to the extent not collected, may be deducted from any future benefits payable to the individual: PROVIDED, That in the absence of a back pay award, a settlement affecting the allowance of benefits, fraud, misrepresentation, or willful nondisclosure, every determination of liability shall be mailed or personally served not later than two years after the close of or final payment made on the individual's applicable benefit year for which the purported overpayment was made, whichever is later, unless the merits of the claim are subjected to administrative or judicial review in which event the period for serving the determination of liability shall be extended to allow service of the determination of liability during the six-month period following the final decision affecting the claim.

      (2) The commissioner may waive an overpayment if the commissioner finds that the overpayment was not the result of fraud, misrepresentation, willful nondisclosure, or fault attributable to the individual and that the recovery thereof would be against equity and good conscience: PROVIDED, HOWEVER, That the overpayment so waived shall be charged against the individual's applicable entitlement for the eligibility period containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.

      (3) Any assessment herein provided shall constitute a determination of liability from which an appeal may be had in the same manner and to the same extent as provided for appeals relating to determinations in respect to claims for benefits: PROVIDED, That an appeal from any determination covering overpayment only shall be deemed to be an appeal from the determination which was the basis for establishing the overpayment unless the merits involved in the issue set forth in such determination have already been heard and passed upon by the appeal tribunal. If no such appeal is taken to the appeal tribunal by the individual within thirty days of the delivery of the notice of determination of liability, or within thirty days of the mailing of the notice of determination, whichever is the earlier, the determination of liability shall be deemed conclusive and final. Whenever any such notice of determination of liability becomes conclusive and final, the commissioner, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the person(s) mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to, and any interest in, all real and personal property of the person(s) against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. A warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law for a civil judgment. A copy of the warrant shall be mailed to the person(s) mentioned in the warrant by certified mail to the person's last known address within five days of its filing with the clerk.

      (4) On request of any agency which administers an employment security law of another state, the United States, or a foreign government and which has found in accordance with the provisions of such law that a claimant is liable to repay benefits received under such law, the commissioner may collect the amount of such benefits from the claimant to be refunded to the agency. In any case in which under this section a claimant is liable to repay any amount to the agency of another state, the United States, or a foreign government, such amounts may be collected without interest by civil action in the name of the commissioner acting as agent for such agency if the other state, the United States, or the foreign government extends such collection rights to the employment security department of the state of Washington, and provided that the court costs be paid by the governmental agency benefiting from such collection.

      (5) Any employer who is a party to a back pay award or settlement due to loss of wages shall, within thirty days of the award or settlement, report to the department the amount of the award or settlement, the name and social security number of the recipient of the award or settlement, and the period for which it is awarded. When an individual has been awarded or receives back pay, for benefit purposes the amount of the back pay shall constitute wages paid in the period for which it was awarded. For contribution purposes, the back pay award or settlement shall constitute wages paid in the period in which it was actually paid. The following requirements shall also apply:

      (a) The employer shall reduce the amount of the back pay award or settlement by an amount determined by the department based upon the amount of unemployment benefits received by the recipient of the award or settlement during the period for which the back pay award or settlement was awarded;

      (b) The employer shall pay to the unemployment compensation fund, in a manner specified by the commissioner, an amount equal to the amount of such reduction;

      (c) The employer shall also pay to the department any taxes due for unemployment insurance purposes on the entire amount of the back pay award or settlement notwithstanding any reduction made pursuant to (a) of this subsection;

      (d) If the employer fails to reduce the amount of the back pay award or settlement as required in (a) of this subsection, the department shall issue an overpayment assessment against the recipient of the award or settlement in the amount that the back pay award or settlement should have been reduced; and

      (e) If the employer fails to pay to the department an amount equal to the reduction as required in (b) of this subsection, the department shall issue an assessment of liability against the employer which shall be collected pursuant to the procedures for collection of assessments provided herein and in RCW 50.24.110.

      (6) When an individual fails to repay an overpayment assessment that is due and fails to arrange for satisfactory repayment terms, the commissioner shall impose an interest penalty of one percent per month of the outstanding balance. Interest shall accrue immediately on overpayments assessed pursuant to RCW 50.20.070 and shall be imposed when the assessment becomes final. For any other overpayment, interest shall accrue when the individual has missed two or more of the individual's monthly payments either partially or in full. The interest penalty shall be used, first, to fully fund either social security number cross-match audits or other more effective activities that ensure that individuals are entitled to all amounts of benefits that they are paid ((and)), second, to fund other detection and recovery of overpayment and collection activities, and third, during the 2005-07 fiscal biennium, the cost of the job skills program at community and technical colleges as appropriated by the legislature.

      Sec. 935. RCW 66.16.010 and 2003 1st sp.s. c 25 s 928 are each amended to read as follows:

      (1) There shall be established at such places throughout the state as the liquor control board, constituted under this title, shall deem advisable, stores to be known as "state liquor stores," for the sale of liquor in accordance with the provisions of this title and the regulations: PROVIDED, That the prices of all liquor shall be fixed by the board from time to time so that the net annual revenue received by the board therefrom shall not exceed thirty-five percent. Effective no later than ((September 1, 2003)) July 1, 2005, the liquor control board shall add an equivalent surcharge of $0.42 per liter on all retail sales of spirits, excluding licensee, military, and tribal sales. The intent of this surcharge is to raise (($14,000,000 in additional)) revenue for the general fund-state ((revenue)) for the 2003-2005 and 2005-2007 bienniums. ((To the extent that a lesser surcharge is sufficient to raise $14,000,000, the board may reduce the amount of the surcharge.)) The board shall remove the surcharge ((once it generates $14,000,000, but no later than)) June 30, ((2005)) 2007.

      (2) The liquor control board may, from time to time, fix the special price at which pure ethyl alcohol may be sold to physicians and dentists and institutions regularly conducted as hospitals, for use or consumption only in such hospitals; and may also fix the special price at which pure ethyl alcohol may be sold to schools, colleges and universities within the state for use for scientific purposes. Regularly conducted hospitals may have right to purchase pure ethyl alcohol on a federal permit.

      (3) The liquor control board may also fix the special price at which pure ethyl alcohol may be sold to any department, branch or institution of the state of Washington, federal government, or to any person engaged in a manufacturing or industrial business or in scientific pursuits requiring alcohol for use therein.

      (4) The liquor control board may also fix a special price at which pure ethyl alcohol may be sold to any private individual, and shall make regulations governing such sale of alcohol to private individuals as shall promote, as nearly as may be, the minimum purchase of such alcohol by such persons.

      Sec. 936. RCW 67.40.040 and 2003 1st sp.s. c 25 s 929 are each amended to read as follows:

      (1) The proceeds from the sale of the bonds authorized in RCW 67.40.030, proceeds of the taxes imposed under RCW 67.40.090 and 67.40.130, and all other moneys received by the state convention and trade center from any public or private source which are intended to fund the acquisition, design, construction, expansion, exterior cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, purchase of the land and building known as the McKay Parcel, development of low-income housing, or renovation of the center, and those expenditures authorized under RCW 67.40.170 shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by the directors of the corporation.

      (2) Moneys in the account, including unanticipated revenues under RCW 43.79.270, shall be used exclusively for the following purposes in the following priority:

      (a) For reimbursement of the state general fund under RCW 67.40.060;

      (b) After appropriation by statute:

      (i) For payment of expenses incurred in the issuance and sale of the bonds issued under RCW 67.40.030;

      (ii) For expenditures authorized in RCW 67.40.170;

      (iii) For acquisition, design, and construction of the state convention and trade center; and

      (iv) For reimbursement of any expenditures from the state general fund in support of the state convention and trade center; and

      (c) For transfer to the state convention and trade center operations account.

      (3) The corporation shall identify with specificity those facilities of the state convention and trade center that are to be financed with proceeds of general obligation bonds, the interest on which is intended to be excluded from gross income for federal income tax purposes. The corporation shall not permit the extent or manner of private business use of those bond-financed facilities to be inconsistent with treatment of such bonds as governmental bonds under applicable provisions of the Internal Revenue Code of 1986, as amended.

      (4) In order to ensure consistent treatment of bonds authorized under RCW 67.40.030 with applicable provisions of the Internal Revenue Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment earnings on bond proceeds deposited in the state convention and trade center account in the state treasury shall be retained in the account, and shall be expended by the corporation for the purposes authorized under chapter 386, Laws of 1995 and in a manner consistent with applicable provisions of the Internal Revenue Code of 1986, as amended.

      (5) During the ((2003-)) 2005-2007 fiscal biennium, the legislature may transfer from the state convention and trade center account to the state general fund such amounts as reflect the excess fund balance of the account.

      Sec. 937. RCW 69.50.520 and 2004 c 276 s 912 are each amended to read as follows:

      The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2), 69.50.505(9)(a), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws of 1997. During the 2003-2005 and 2005-2007 bienniums, funds from the account may also be used for costs associated with providing grants to local governments in accordance with chapter 338, Laws of 1997, funding drug offender treatment services in accordance with RCW 70.96A.350, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting system, maintenance and operating costs of the juvenile rehabilitation administration's client activity tracking system, civil indigent legal representation, multijurisdictional narcotics task forces, transfers to the health services account, and grants to community networks under chapter 70.190 RCW by the family policy council.

      Sec. 938. RCW 70.83.040 and 1999 c 76 s 1 are each amended to read as follows:

      When notified of positive screening tests, the state department of health shall offer the use of its services and facilities, designed to prevent mental retardation or physical defects in such children, to the attending physician, or the parents of the newborn child if no attending physician can be identified.

      The services and facilities of the department, and other state and local agencies cooperating with the department in carrying out programs of detection and prevention of mental retardation and physical defects shall be made available to the family and physician to the extent required in order to carry out the intent of this chapter and within the availability of funds. The department has the authority to collect a reasonable fee, from the parents or other responsible party of each infant screened to fund specialty clinics that provide treatment services for hemoglobin diseases, phenylketonuria, congenital adrenal hyperplasia, ((and)) congenital hypothyroidism, and, during the 2005-07 fiscal biennium, other disorders defined by the board of health under RCW 70.83.020. The fee may be collected through the facility where the screening specimen is obtained.

      Sec. 939. RCW 70.93.180 and 1998 c 257 s 5 are each amended to read as follows:

      (1) There is hereby created an account within the state treasury to be known as the "waste reduction, recycling, and litter control account". Moneys in the account may be spent only after appropriation. Expenditures from the waste reduction, recycling, and litter control account shall be used as follows:

      (a) Fifty percent to the department of ecology, for use by the departments of ecology, natural resources, revenue, transportation, and corrections, and the parks and recreation commission, for use in litter collection programs, to be distributed under RCW 70.93.220. The amount to the department of ecology shall also be used for a central coordination function for litter control efforts statewide, for the biennial litter survey under RCW 70.93.200(8), and for statewide public awareness programs under RCW 70.93.200(7). The amount to the department shall also be used to defray the costs of administering the funding, coordination, and oversight of local government programs for waste reduction, litter control, and recycling, so that local governments can apply one hundred percent of their funding to achieving program goals. The amount to the department of revenue shall be used to enforce compliance with the litter tax imposed in chapter 82.19 RCW;

      (b) Twenty percent to the department for local government funding programs for waste reduction, litter control, and recycling activities by cities and counties under RCW 70.93.250, to be administered by the department of ecology; and

      (c) Thirty percent to the department of ecology for waste reduction and recycling efforts.

      (2) All taxes imposed in RCW 82.19.010 and fines and bail forfeitures collected or received pursuant to this chapter shall be deposited in the waste reduction, recycling, and litter control account and used for the programs under subsection (1) of this section.

      (3) Not less than five percent and no more than ten percent of the amount appropriated into the waste reduction, recycling, and litter control account every biennium shall be reserved for capital needs, including the purchase of vehicles for transporting crews and for collecting litter and solid waste. Capital funds shall be distributed among state agencies and local governments according to the same criteria provided in RCW 70.93.220 for the remainder of the funds, so that the most effective waste reduction, litter control, and recycling programs receive the most funding. The intent of this subsection is to provide funds for the purchase of equipment that will enable the department to account for the greatest return on investment in terms of reaching a zero litter goal.

      (4) During the 2005-2007 fiscal biennium, the legislature may transfer from the waste reduction, recycling, and litter control account to the state general fund such amounts as reflect the excess fund balance of the account.

      Sec. 940. RCW 70.146.030 and 2004 c 277 s 909 are each amended to read as follows:

      (1) The water quality account is hereby created in the state treasury. Moneys in the account may be used only in a manner consistent with this chapter. Moneys deposited in the account shall be administered by the department of ecology and shall be subject to legislative appropriation. Moneys placed in the account shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and 82.32.390, principal and interest from the repayment of any loans granted pursuant to this chapter, and any other moneys appropriated to the account by the legislature.

      (2) The department may use or permit the use of any moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses. For the period July 1, ((2003)) 2005, to June 30, ((2005)) 2007, moneys in the account may be used to process applications received by the department that seek to make changes to or transfer existing water rights, for water conveyance projects, and for grants and technical assistance to public bodies for watershed planning under chapter 90.82 RCW. No more than three percent of the moneys deposited in the account may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.

      (3) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the chairs of the senate committee on ways and means and the house of representatives committee on appropriations. The first report is due June 30, 1996, and the report for each succeeding biennium is due December 31 of the odd-numbered year. The report shall consist of a list of each recipient, project description, and amount of the grant, loan, or both.

      Sec. 941. RCW 70.146.080 and 2003 1st sp.s. c 25 s 935 are each amended to read as follows:

      Within thirty days after June 30, 1987, and within thirty days after each succeeding fiscal year thereafter, the state treasurer shall determine the tax receipts deposited into the water quality account for the preceding fiscal year. If the tax receipts deposited into the account in each of the fiscal years 1988 and 1989 are less than forty million dollars, the state treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total receipts in each fiscal year up to forty million dollars.

      For the biennium ending June 30, 1991, if the tax receipts deposited into the water quality account and the earnings on investment of balances credited to the account are less than ninety million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to ninety million dollars. The determination and transfer shall be made by July 31, 1991.

      For fiscal year 1992 and for fiscal years 1995 and 1996 and thereafter, if the tax receipts deposited into the water quality account for each fiscal year are less than forty-five million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to forty-five million dollars. However, during the ((2003-05)) 2005- 2007 fiscal biennium, the legislature may specify the transfer of a different amount in the operating budget bill. Determinations and transfers shall be made by July 31 for the preceding fiscal year.

      Sec. 942. RCW 70.148.020 and 1999 c 73 s 1 are each amended to read as follows:

      (1) The pollution liability insurance program trust account is established in the custody of the state treasurer. All funds appropriated for this chapter and all premiums collected for reinsurance shall be deposited in the account. Expenditures from the account shall be used exclusively for the purposes of this chapter including payment of costs of administering the pollution liability insurance and underground storage tank community assistance programs. Expenditures for payment of administrative and operating costs of the agency are subject to the allotment procedures under chapter 43.88 RCW and may be made only after appropriation by statute. No appropriation is required for other expenditures from the account.

      (2) Each calendar quarter, the director shall report to the insurance commissioner the loss and surplus reserves required for the calendar quarter. The director shall notify the department of revenue of this amount by the fifteenth day of each calendar quarter.

      (3) Each calendar quarter the director shall determine the amount of reserves necessary to fund commitments made to provide financial assistance under RCW 70.148.130 to the extent that the financial assistance reserves do not jeopardize the operations and liabilities of the pollution liability insurance program. The director shall notify the department of revenue of this amount by the fifteenth day of each calendar quarter. The director may immediately establish an initial financial assistance reserve of five million dollars from available revenues. The director may not expend more than fifteen million dollars for the financial assistance program.

      (4) During the 2005-2007 fiscal biennium, the legislature may transfer from the pollution liability insurance program trust account to the state general fund such amounts as reflect the excess fund balance of the account.

      (5) This section expires June 1, ((2001 [2007])) 2007.

      Sec. 943. RCW 72.11.040 and 2003 1st sp.s. c 25 s 936 are each amended to read as follows:

      The cost of supervision fund is created in the custody of the state treasurer. All receipts from assessments made under RCW 9.94A.780 and 72.04A.120 shall be deposited into the fund. Expenditures from the fund may be used only to support the collection of legal financial obligations. During the ((2003-2005)) 2005-2007 biennium, funds from the account may also be used for costs associated with the department's supervision of the offenders in the community. Only the secretary of the department of corrections or the secretary's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

      Sec. 944. RCW 74.46.431 and 2004 c 276 s 913 are each amended to read as follows:

      (1) Effective July 1, 1999, nursing facility medicaid payment rate allocations shall be facility-specific and shall have seven components: Direct care, therapy care, support services, operations, property, financing allowance, and variable return. The department shall establish and adjust each of these components, as provided in this section and elsewhere in this chapter, for each medicaid nursing facility in this state.

      (2) All component rate allocations for essential community providers as defined in this chapter shall be based upon a minimum facility occupancy of eighty-five percent of licensed beds, regardless of how many beds are set up or in use. For all facilities other than essential community providers, effective July 1, 2001, component rate allocations in direct care, therapy care, support services, variable return, operations, property, and financing allowance shall continue to be based upon a minimum facility occupancy of eighty-five percent of licensed beds. For all facilities other than essential community providers, effective July 1, 2002, the component rate allocations in operations, property, and financing allowance shall be based upon a minimum facility occupancy of ninety percent of licensed beds, regardless of how many beds are set up or in use.

      (3) Information and data sources used in determining medicaid payment rate allocations, including formulas, procedures, cost report periods, resident assessment instrument formats, resident assessment methodologies, and resident classification and case mix weighting methodologies, may be substituted or altered from time to time as determined by the department.

      (4)(a) Direct care component rate allocations shall be established using adjusted cost report data covering at least six months. Adjusted cost report data from 1996 will be used for October 1, 1998, through June 30, 2001, direct care component rate allocations; adjusted cost report data from 1999 will be used for July 1, 2001, through June 30, 2005, direct care component rate allocations. Adjusted cost report data from 1999 will continue to be used for July 1, 2005, and later direct care component rate allocations.

      (b) Direct care component rate allocations based on 1996 cost report data shall be adjusted annually for economic trends and conditions by a factor or factors defined in the biennial appropriations act. A different economic trends and conditions adjustment factor or factors may be defined in the biennial appropriations act for facilities whose direct care component rate is set equal to their adjusted June 30, 1998, rate, as provided in RCW 74.46.506(5)(i).

      (c) Direct care component rate allocations based on 1999 cost report data shall be adjusted annually for economic trends and conditions by a factor or factors defined in the biennial appropriations act. A different economic trends and conditions adjustment factor or factors may be defined in the biennial appropriations act for facilities whose direct care component rate is set equal to their adjusted June 30, 1998, rate, as provided in RCW 74.46.506(5)(i).

      (5)(a) Therapy care component rate allocations shall be established using adjusted cost report data covering at least six months. Adjusted cost report data from 1996 will be used for October 1, 1998, through June 30, 2001, therapy care component rate allocations; adjusted cost report data from 1999 will be used for July 1, 2001, through June 30, 2005, therapy care component rate allocations. Adjusted cost report data from 1999 will continue to be used for July 1, 2005, and later therapy care component rate allocations.

      (b) Therapy care component rate allocations shall be adjusted annually for economic trends and conditions by a factor or factors defined in the biennial appropriations act.

      (6)(a) Support services component rate allocations shall be established using adjusted cost report data covering at least six months. Adjusted cost report data from 1996 shall be used for October 1, 1998, through June 30, 2001, support services component rate allocations; adjusted cost report data from 1999 shall be used for July 1, 2001, through June 30, 2005, support services component rate allocations. Adjusted cost report data from 1999 will continue to be used for July 1, 2005, and later support services component rate allocations.

      (b) Support services component rate allocations shall be adjusted annually for economic trends and conditions by a factor or factors defined in the biennial appropriations act.

      (7)(a) Operations component rate allocations shall be established using adjusted cost report data covering at least six months. Adjusted cost report data from 1996 shall be used for October 1, 1998, through June 30, 2001, operations component rate allocations; adjusted cost report data from 1999 shall be used for July 1, 2001, through June 30, 2005, operations component rate allocations. Adjusted cost report data from 1999 will continue to be used for July 1, 2005, and later operations component rate allocations.

      (b) Operations component rate allocations shall be adjusted annually for economic trends and conditions by a factor or factors defined in the biennial appropriations act.

      (8) For July 1, 1998, through September 30, 1998, a facility's property and return on investment component rates shall be the facility's June 30, 1998, property and return on investment component rates, without increase. For October 1, 1998, through June 30, 1999, a facility's property and return on investment component rates shall be rebased utilizing 1997 adjusted cost report data covering at least six months of data.

      (9) Total payment rates under the nursing facility medicaid payment system shall not exceed facility rates charged to the general public for comparable services.

      (10) Medicaid contractors shall pay to all facility staff a minimum wage of the greater of the state minimum wage or the federal minimum wage.

      (11) The department shall establish in rule procedures, principles, and conditions for determining component rate allocations for facilities in circumstances not directly addressed by this chapter, including but not limited to: The need to prorate inflation for partial-period cost report data, newly constructed facilities, existing facilities entering the medicaid program for the first time or after a period of absence from the program, existing facilities with expanded new bed capacity, existing medicaid facilities following a change of ownership of the nursing facility business, facilities banking beds or converting beds back into service, facilities temporarily reducing the number of set-up beds during a remodel, facilities having less than six months of either resident assessment, cost report data, or both, under the current contractor prior to rate setting, and other circumstances.


      (12) The department shall establish in rule procedures, principles, and conditions, including necessary threshold costs, for adjusting rates to reflect capital improvements or new requirements imposed by the department or the federal government. Any such rate adjustments are subject to the provisions of RCW 74.46.421.

      (13) Effective July 1, 2001, medicaid rates shall continue to be revised downward in all components, in accordance with department rules, for facilities converting banked beds to active service under chapter 70.38 RCW, by using the facility's increased licensed bed capacity to recalculate minimum occupancy for rate setting. However, for facilities other than essential community providers which bank beds under chapter 70.38 RCW, after May 25, 2001, medicaid rates shall be revised upward, in accordance with department rules, in direct care, therapy care, support services, and variable return components only, by using the facility's decreased licensed bed capacity to recalculate minimum occupancy for rate setting, but no upward revision shall be made to operations, property, or financing allowance component rates.

      (14) Facilities obtaining a certificate of need or a certificate of need exemption under chapter 70.38 RCW after June 30, 2001, must have a certificate of capital authorization in order for (a) the depreciation resulting from the capitalized addition to be included in calculation of the facility's property component rate allocation; and (b) the net invested funds associated with the capitalized addition to be included in calculation of the facility's financing allowance rate allocation.

      Sec. 945. RCW 79.64.040 and 2004 c 199 s 227 are each amended to read as follows:

      (1) The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the moneys received from all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting state lands and aquatic lands, provided that no deduction shall be made from the proceeds from agricultural college lands.

      (2) Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section.

      (3) Except as otherwise provided in subsection (5) of this section, the deductions authorized under this section shall ((in no event)) not exceed twenty-five percent of the moneys received by the department in connection with any one transaction pertaining to state lands and aquatic lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the moneys received by the department pertaining to second class tide and shore lands and the beds of navigable waters.

      (4) In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys received subject to this section are the net proceeds from the contract harvesting sale.

      (5) During the 2005-2007 fiscal biennium, the twenty-five percent limitation on deductions set in subsection (3) of this section may be increased to thirty percent by the board. If so increased, the department must provide a report by January 9, 2006 to the appropriate committees of the legislature on the use of the increased amount.

      Sec. 946. RCW 79.90.245 and 2004 c 276 s 914 are each amended to read as follows:

      After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; and for volunteer cooperative fish and game projects.

      In providing grants for aquatic lands enhancement projects, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefits in its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grants. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.

      During the fiscal biennium ending June 30, ((2005)) 2007, the funds may be appropriated for boating safety, settlement costs for aquatic lands cleanup, and shellfish management, enforcement, and enhancement and assistance to local governments for septic system surveys and data bases.

      Sec. 947. RCW 86.26.007 and 2003 1st sp.s. c 25 s 943 are each amended to read as follows:

      The flood control assistance account is hereby established in the state treasury. At the beginning of the ((1997-99 fiscal biennium and each)) 2005-2007 fiscal biennium, the state treasurer shall transfer three million dollars from the general fund to the flood control assistance account. Each biennium thereafter the state treasurer shall transfer four million dollars from the general fund to the flood control assistance account. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter. ((During the 2003-2005 fiscal biennium, the legislature may transfer from the flood control assistance account to the state general fund such amounts as reflect the excess fund balance of the account.))

      NEW SECTION. Sec. 948. COMPENSATION--INSURANCE BENEFITS. The appropriations for state agencies, including institutions of higher education are subject to the following conditions and limitations:

      (1)(a) The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $663.00 per eligible employee for fiscal year 2006. For fiscal year 2007 the monthly employer funding rate shall not exceed $744.00 per eligible employee represented by a collective bargaining unit under the personnel system reform act of 2002, or $618.00 per eligible nonrepresented employee.

      (b) In order to achieve the level of funding provided for health benefits, the public employees' benefits board shall require any or all of the following: Employee premium copayments, increases in point-of-service cost sharing, the implementation of managed competition, or make other changes to benefits consistent with RCW 41.05.065.

      (c) The health care authority shall deposit any moneys received on behalf of the uniform medical plan as a result of rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys recovered as a result of prior uniform medical plan claims payments, into the public employees' and retirees' insurance account to be used for insurance benefits. Such receipts shall not be used for administrative expenditures.

      (2) The health care authority, subject to the approval of the public employees' benefits board, shall provide subsidies for health benefit premiums to eligible retired or disabled public employees and school district employees who are eligible for medicare, pursuant to RCW 41.05.085. From January 1, 2006, through December 31, 2006, the subsidy shall be $131.87. Starting January 1, 2007, the subsidy shall be $149.67 per month.

      (3) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit into the public employees' and retirees' insurance account established in RCW 41.05.120 the following amounts:

      (a) For each full-time employee, $48.42 per month beginning September 1, 2005, and $55.73 beginning September 1, 2006;

      (b) For each part-time employee who, at the time of the remittance, is employed in an eligible position as defined in RCW 41.32.010 or 41.40.010 and is eligible for employer fringe benefit contributions for basic benefits, $48.42 each month beginning September 1, 2005, and $55.73 beginning September 1, 2006, prorated by the proportion of employer fringe benefit contributions for a full-time employee that the part-time employee receives. The remittance requirements specified in this subsection shall not apply to employees of a technical college, school district, or educational service district who purchase insurance benefits through contracts with the health care authority.

      NEW SECTION. Sec. 949. NONREPRESENTED EMPLOYEE COMPENSATION. The appropriations for nonrepresented employee compensation adjustments are provided solely for:

      (1) Salary Cost of Living Adjustments.

      (a) Appropriations are provided for a 3.2% salary increase effective September 1, 2005, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees of the state schools for the deaf and blind and employees of community and technical colleges covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable. However, community and technical colleges shall increase salaries of all classified staff not covered by Initiative Measure No. 732 or by a collective bargaining agreement under the personnel system reform act of 2002 by 3.2% of pay effective September 1, 2005. Community and technical colleges shall provide to exempt professional staff an average salary increase of 3.2% of pay beginning September 1, 2005. The appropriations are also sufficient to fund for the four-year higher education institutions an average salary increase of 3.2% effective September 1, 2005, for faculty, exempt administrative and professional staff, graduate assistants, and other nonclassified staff. Funds provided in this section may not be used for any other purpose by institutions of higher education, including for other pay increases.

      The appropriations are also sufficient to fund a 3.2% salary increase effective September 1, 2005, for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.

      (b) Appropriations are provided for a 1.6% salary increase effective September 1, 2006, until June 30, 2007, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees of the state schools for the deaf and blind and employees of community and technical colleges covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable. However, community and technical colleges shall increase salaries of all classified and instructional staff not covered by Initiative Measure No. 732 or by a collective bargaining agreement under the personnel system reform act of 2002 by 1.6% of pay effective September 1, 2006, until June 30, 2007. Community and technical colleges shall provide to exempt professional staff an average salary increase of 1.6% of pay, beginning September 1, 2006, until June 30, 2007. The appropriations are also sufficient to fund for the four-year higher education institutions an average salary increase of 1.6% effective September 1, 2006, for faculty, exempt administrative and professional staff, graduate assistants, and other nonclassified staff. Funds provided in this section may not be used for any other purpose by institutions of higher education, including for other pay increases. The appropriations are also sufficient to fund a 1.6% salary increase effective September 1, 2006, until June 30, 2007, for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.

      (2) Salary Survey.

      For state employees, except those represented by a bargaining unit under the personnel system reform act of 2002, funding is provided for implementation of the department of personnel's 2002 salary survey, for job classes more than 25% below market rates.

      NEW SECTION. Sec. 950. CLASSIFICATION REVISIONS. Funding is provided for partial implementation of classification consolidation and revisions under the personnel system reform act of 2002. Groups 2 and 3 of the department of personnel's initial class consolidation plan are affected.

      NEW SECTION. Sec. 951. COLLECTIVE BARGAINING AGREEMENTS. Provisions of collective bargaining agreements contained in sections 948 and 950 through 980 of this act are described in general terms. Only major economic terms are included in the descriptions. These descriptions do not contain the complete contents of the agreements. Extraordinary challenges were presented to employers and employees in negotiating the initial collective bargaining agreements under the Personnel Services Reform Act of 2002. Several agreements not concluded by the October 1st statutory deadline are described in the following sections and funded within the respective agencies. The legislature does not intend to fund bargaining agreements concluded after the October 1st deadline in future biennia.

      NEW SECTION. Sec. 952. COLLECTIVE BARGAINING AGREEMENT--WFSE. Funding is provided for the collective bargaining agreement reached between the governor and the Washington federation of state employees under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 953. COLLECTIVE BARGAINING AGREEMENT--WPEA. Funding is provided for the collective bargaining agreement reached between the governor and the Washington public employees association under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 954. COLLECTIVE BARGAINING AGREEMENT--UFCW. Funding is provided for the collective bargaining agreement reached between the governor and the united food and commercial workers under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006 until June 30, 2007.


      NEW SECTION. Sec. 955. COLLECTIVE BARGAINING AGREEMENT--TEAMSTERS. Funding is provided for the collective bargaining agreement reached between the governor and the brotherhood of teamsters under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 2.9% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 956. COLLECTIVE BARGAINING--COALITION. Funding is provided for the collective bargaining agreement reached between the governor and the coalition under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 957. COLLECTIVE BARGAINING--IFPTE. Funding is provided for the collective bargaining agreement reached between the governor and the international federation of professional and technical engineers local 17 under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 958. COLLECTIVE BARGAINING AGREEMENT--SEIU 1199. Funding is provided for the collective bargaining agreement reached between the governor and the service employees international union, local 1199 NW under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for negotiated changes to the "N" range salary schedule.

      NEW SECTION. Sec. 959. COLLECTIVE BARGAINING AGREEMENT--WFSE HIGHER EDUCATION. Funding is provided for the collective bargaining agreement reached between the governor and the Washington federation of state employees in higher education under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 960. COLLECTIVE BARGAINING AGREEMENT--WPEA HIGHER EDUCATION. Funding is provided for the collective bargaining agreement reached between the governor and the Washington public employees association in higher education under the personnel system reform act of 2002. For employees covered under this agreement, funding is provided for a 3.2% salary increase effective July 1, 2005. Funding is also provided for a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 961. COLLECTIVE BARGAINING AGREEMENT--WESTERN WASHINGTON UNIVERSITY, WFSE BU A. Budget amounts reflect the collective bargaining agreement reached between the Western Washington University and the Washington federation of state employees bargaining unit A under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, a 1.6% increase effective July 1, 2006, until June 30, 2007, and implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 962. COLLECTIVE BARGAINING AGREEMENT--WESTERN WASHINGTON UNIVERSITY, WFSE BU B. Budget amounts reflect the collective bargaining agreement reached between the Western Washington University and the Washington federation of state employees bargaining unit B under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, a 1.6% increase effective July 1, 2006, until June 30, 2007, and implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 963. COLLECTIVE BARGAINING AGREEMENT--WPEA/PROFESSIONAL LOCAL 365 UNIT C--WESTERN WASHINGTON UNIVERSITY. Budget amounts reflect the collective bargaining agreement reached between the Western Washington University and the Washington Public Employees Association bargaining unit C under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005. Provisions also include a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 964. COLLECTIVE BARGAINING AGREEMENT--WESTERN WASHINGTON UNIVERSITY, WFSE BU E. Budget amounts reflect the collective bargaining agreement reached between the Western Washington University and the Washington federation of state employees bargaining unit E under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, and a 1.6% increase effective July 1, 2006, until June 30, 2007.

      NEW SECTION. Sec. 965. COLLECTIVE BARGAINING AGREEMENT--WASHINGTON STATE UNIVERSITY, WSU POLICE GUILD. Budget amounts reflect the collective bargaining agreement reached between Washington State University and the Washington State University police guild bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, and a 2.9% lump sum payment effective July 1, 2006.

      NEW SECTION. Sec. 966. COLLECTIVE BARGAINING AGREEMENT--WASHINGTON STATE UNIVERSITY, WFSE BU 1 AND 11. Budget amounts reflect the collective bargaining agreement reached between Washington State University and the Washington federation of state employees bargaining unit 1--research and extension units west of the Cascades, bargaining unit 5--library and bargaining unit 11--intercollegiate college of nursing under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005. Provisions also include a 2% lump sum payment effective July 1, 2006.

      NEW SECTION. Sec. 967. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON, SEIU 925. Budget amounts reflect the collective bargaining agreements reached between the University of Washington and the service employees international union university-wide nonsupervisory, university-wide supervisory, research technologist, research technologist supervisor, and medical/laboratory technologist bargaining units under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, a 1.6% increase effective July 1, 2006, until June 30, 2007, implementation of a University of Washington salary survey, and adjustment to the salary grid.

      NEW SECTION. Sec. 968. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON, WFSE. Budget amounts reflect the collective bargaining agreements reached between the University of Washington and the Washington federation of state employees campus-wide, library, custodial supervisor, Harborview medical center, and Harborview medical center public safety officers bargaining units under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, a 1.6% increase effective July 1, 2006, until June 30, 2007, and implementation of a University of Washington salary survey.

      NEW SECTION. Sec. 969. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON, WFSE, SKILLED TRADES. Budget amounts reflect the collective bargaining agreements reached between the University of Washington and the Washington federation of state employees, skilled trades bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a $1.00 per hour increase effective July 1, 2005, an increase in shift differential pay, and an adjustment to the grid.

      NEW SECTION. Sec. 970. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON SEIU LOCAL 1199 NW PROFESSIONAL AND TECHNICAL. Budget amounts reflect the collective bargaining agreement reached between the University of Washington and the service employee international union Harborview medical center professional and technical bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 1.5% salary increase effective January 1, 2006, a 1.5% salary increase effective January 1, 2007, an adjustment to the salary grid, and changes in premium pay.

      NEW SECTION. Sec. 971. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON SEIU LOCAL 1199 NW NURSES. Budget amounts reflect the collective bargaining agreement reached between the University of Washington and the service employee international union Harborview medical center registered nurse bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 2.0% salary increase effective July 1, 2005, a 2.0% salary increase effective July 1, 2006, a 2.0% salary increase effective January 1, 2007, an adjustment to the salary grid, and changes in premium pay.

      NEW SECTION. Sec. 972. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON SEIU LOCAL 1199 NW SOCIAL WORK. Budget amounts reflect the collective bargaining agreements reached between the University of Washington and the service employee international union Harborview medical center social work and health care specialist bargaining units under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 2.0% salary increase effective July 1, 2005, a 2.0% salary increase effective July 1, 2006, a 1.0% salary increase effective January 1, 2007, an adjustment to the salary grid, and changes in premium pay.

      NEW SECTION. Sec. 973. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON POLICE OFFICERS ASSOCIATION. Budget amounts reflect the collective bargaining agreements reached between the University of Washington and the University of Washington police officers association bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, a 1.6% increase effective July 1, 2006, and longevity pay increases.

      NEW SECTION. Sec. 974. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON WFSE UW POLICE MANAGEMENT. Budget amounts reflect the collective bargaining agreements reached between the University of Washington and the Washington federation of state employees police management bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005, and a 15% supervisory differential effective July 1, 2006.

      NEW SECTION. Sec. 975. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON WASHINGTON STATE NURSES ASSOCIATION. Budget amounts reflect the collective bargaining agreement reached between the University of Washington and the Washington state nurses association university medical center registered nurses bargaining unit under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 2.0% salary increase effective July 1, 2005, a 2.0% salary increase effective July 1, 2006, a 2.0% salary increase effective January 1, 2007, an adjustment to the salary grid, and changes in premium pay.

      NEW SECTION. Sec. 976. COLLECTIVE BARGAINING AGREEMENT--UNIVERSITY OF WASHINGTON INLAND BOATMEN'S UNION. Budget amounts reflect the collective bargaining agreement reached between the University of Washington and the inland boatmen's union of the Pacific Thompson research vessel crew bargaining unit under the personnel system return act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2006, and a 1.6% salary increase effective July 1, 2006, until June 30, 2007.

      NEW SECTION. Sec. 977. COLLECTIVE BARGAINING AGREEMENT--WFSE UNIT 2 EASTERN WASHINGTON UNIVERSITY. Budget amounts reflect the collective bargaining agreement reached between Eastern Washington University and the Washington federation of state employees bargaining unit 2 under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005. Provisions also include a 1.6% salary increase effective July 1, 2006, until June 30, 2007, and for a $500 lump-sum payment to full-time employees, and pro-rated for part-time employees, effective July 1, 2005.

      NEW SECTION. Sec. 978. COLLECTIVE BARGAINING AGREEMENT--WFSE UNIT 1 EASTERN WASHINGTON UNIVERSITY. Budget amounts reflect the collective bargaining agreement reached between Eastern Washington University and the Washington federation of state employees bargaining unit 1 under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005. Provisions also include a $500 lump-sum payment to full-time employees, and pro-rated for part-time employees, effective July 1, 2005, and a lump sum payment of 1.6% of annual salary effective July 1, 2006.

      NEW SECTION. Sec. 979. COLLECTIVE BARGAINING AGREEMENT--WFSE UNIT 2 CENTRAL WASHINGTON UNIVERSITY. Budget amounts reflect the collective bargaining agreement reached between Central Washington University and the Washington federation of state employees bargaining unit 2 under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005. Provisions also include a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

      NEW SECTION. Sec. 980. COLLECTIVE BARGAINING AGREEMENT--WFSE UNIT 1 CENTRAL WASHINGTON UNIVERSITY. Budget amounts reflect the collective bargaining agreement reached between Central Washington University and the Washington federation of state employees bargaining unit 1 under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective July 1, 2005. Provisions also include a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.

 

(End of part)

 

PART X

GENERAL GOVERNMENT

 

      Sec. 1001. 2004 c 276 s 106 (uncodified) is amended to read as follows:

FOR THE LAW LIBRARY

General Fund--State Appropriation (FY 2004). . . . . . . $2,049,000

General Fund--State Appropriation (FY 2005). . . . .(($2,050,000))

$2,089,000

                           TOTAL APPROPRIATION. . . . . .(($4,099,000))

$4,138,000

      Sec. 1002. 2004 c 276 s 107 (uncodified) is amended to read as follows:

FOR THE COURT OF APPEALS

General Fund--State Appropriation (FY 2004). . . . . . $12,523,000

General Fund--State Appropriation (FY 2005). . . .(($12,931,000))

$12,986,000

                           TOTAL APPROPRIATION. . . . (($25,454,000))

$25,509,000

      Sec. 1003. 2004 c 276 s 108 (uncodified) is amended to read as follows:

FOR THE ADMINISTRATOR FOR THE COURTS

General Fund--State Appropriation (FY 2004). . . . . . $17,374,000

General Fund--State Appropriation (FY 2005). . . .(($18,036,000))

$17,998,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($43,534,000))

$43,588,000

Judicial Information Systems Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$31,803,000

                           TOTAL APPROPRIATION. . . .(($110,747,000))

$110,763,000

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

      (1) 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) $750,000 of the general fund--state appropriation for fiscal year 2004 and $750,000 of the general fund--state appropriation for fiscal year 2005 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.

      (3) $16,172,000 of the judicial information systems account--state appropriation is provided solely for improvements and enhancements to the judicial information system. Of this amount, $1,100,000 is provided solely for disaster recovery planning, equipment, and testing for the judicial information system.

      (4) $3,000,000 of the public safety and education account--state appropriation is provided solely for school district petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. The office of the administrator for the courts shall develop an interagency agreement with the office of the superintendent of public instruction to allocate the funding provided in this subsection. Allocation of this money to school districts shall be based on the number of petitions filed.

      (5) $13,224,000 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. The office of the administrator for the courts shall not retain any portion of these funds to cover administrative costs. The office of the administrator for the courts, 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.

      (6) The distributions made under subsection (6) of this section 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.

      (7) Each fiscal year during the 2003-05 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing truancy, children in need of services, and at-risk youth petitions. Counties shall submit the reports to the administrator for the courts no later than 45 days after the end of the fiscal year. The administrator for the courts shall electronically transmit this information to the chairs and ranking minority members of the house of representatives appropriations committee and the senate ways and means committee no later than 60 days after a fiscal year ends. These reports are deemed informational in nature and are not for the purpose of distributing funds.

      (8) $813,000 of the general fund--state appropriation for fiscal year 2004 and $762,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for billing and related costs for the office of the administrator for the courts pursuant to Engrossed Substitute Senate Bill No. 5990 (supervision of offenders).

      (9) $1,800,000 of the public safety and education account appropriation is provided solely for distribution to the county clerks for the collection of legal financial obligations pursuant to Engrossed Substitute Senate Bill No. 5990 (supervision of offenders). The funding shall be distributed by the office of the administrator for the courts to the county clerks in accordance with the funding formula determined by the Washington association of county officials pursuant to Engrossed Substitute Senate Bill No. 5990 (supervision of offenders).

      Sec. 1004. 2004 c 276 s 110 (uncodified) is amended to read as follows:

FOR THE OFFICE OF THE GOVERNOR


General Fund--State Appropriation (FY 2004). . . . . . . $3,773,000

General Fund--State Appropriation (FY 2005). . . . .(($4,011,000))

$4,183,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $1,140,000

Water Quality Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,854,000

                           TOTAL APPROPRIATION. . . . (($12,778,000))

$12,950,000

      The appropriations in this section are subject to the following conditions and limitations: $3,854,000 of the water quality account appropriation and $1,140,000 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.

      Sec. 1005. 2004 c 276 s 111 (uncodified) is amended to read as follows:

FOR THE SECRETARY OF STATE

General Fund--State Appropriation (FY 2004). . . . . . $24,336,000

General Fund--State Appropriation (FY 2005). . . .(($17,092,000))

$18,946,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $6,967,000

Archives and Records Management Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($8,414,000))

$8,460,000

Department of Personnel Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$699,000

Election Account--State Appropriation. . . . . . . . . . . . . $3,140,000

Election Account--Federal Appropriation. . . . . . . . . . $33,121,000

Local Government Archives Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,010,000

                           TOTAL APPROPRIATION. . . . (($96,741,000))

$104,679,000

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

      (1) $2,296,000 of the general fund--state appropriation for fiscal year 2004 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) $1,826,000 of the general fund--state appropriation for fiscal year 2004 and $2,686,000 of the general fund--state appropriation for fiscal year 2005 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 2004 and $118,000 of the general fund--state appropriation for fiscal year 2005 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 2004 and $1,986,772 of the general fund--state appropriation for fiscal year 2005 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 2003-05 biennium. The funding level for each year of the contract shall be based on the amount provided in this subsection. 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) $252,000 of the archives and records management account--state appropriation and $1,504,000 of the local government archives account--state appropriation are provided solely for additional facility capital costs, digital archive technology architecture costs, and additional digital archive staff and operational costs, associated with the new eastern regional archives and digital archives facility.

      (6) The entire election account--state appropriation in this section is provided solely as state match funding for federal moneys provided under the Help America Vote act (P.L. 107-252). Of the state match funding provided, the secretary of state may expend only the amount required to match the federal funding received, and any amount that is not necessary to match the federal funding shall lapse. After receipt of the federal moneys, the office of the secretary of state shall notify the appropriations committee of the house of representatives and the ways and means committee of the senate of the amount of federal funding received and the associated required state match.

      (7) $953,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for attorneys' fees and costs associated with litigation regarding the blanket primary, including costs already awarded by the U.S. Court of Appeals for the Ninth Circuit.

      (8) $451,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to reimburse counties for fifty percent of the costs of the manual recount in the 2004 gubernatorial election.

      Sec. 1006. 2004 c 276 s 115 (uncodified) is amended to read as follows:

FOR THE ATTORNEY GENERAL

General Fund--State Appropriation (FY 2004). . . . . . . $4,345,000

General Fund--State Appropriation (FY 2005). . . . .(($4,166,000))

$4,518,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $2,845,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,001,000

Tobacco Prevention and Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$270,000

New Motor Vehicle Arbitration Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,180,000

Legal Services Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . (($166,624,000))

$170,746,000

                           TOTAL APPROPRIATION. . . .(($181,431,000))

$185,905,000

      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) 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.

      (3) $818,000 of the legal services revolving account--state appropriation is provided solely for legal defense costs associated with Pacific Sound Resources v. Burlington Northern Santa Fe Railroad et al.

      (4) $70,000 of the legal services revolving account--state appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 6489 (correctional industries). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      Sec. 1007. 2004 c 276 s 117 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

General Fund--State Appropriation (FY 2004). . . . . . $61,805,000

General Fund--State Appropriation (FY 2005). . . .(($66,566,000))

$66,760,000

General Fund--Federal Appropriation. . . . . . . . . . . . $236,264,000

General Fund--Private/Local Appropriation. . . . . . . . .$15,075,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,095,000

Public Works Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,088,000

Building Code Council Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,061,000

Administrative Contingency Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,776,000

Low-Income Weatherization Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,293,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $9,013,000

Manufactured Home Installation Training Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$256,000

Community Economic Development Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $1,581,000

Washington Housing Trust Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $((16,740,000))

$17,415,000

Public Facility Construction Loan Revolving

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$622,000

Lead Paint Account--State Appropriation. . . . . . . . . . . . . . .$6,000

Developmental Disabilities Endowment Trust Fund--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$120,000

Homeless Families Services Fund--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150,000

                           TOTAL APPROPRIATION. . . .(($431,511,000))

$432,380,000

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

      (1) $2,838,000 of the general fund--state appropriation for fiscal year 2004 and $2,838,000 of the general fund--state appropriation for fiscal year 2005 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.

      (2) $61,000 of the general fund--state appropriation for fiscal year 2004 and $62,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the implementation of the Puget Sound work plan and agency action item OCD-01.

      (3) $10,180,797 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 2004 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) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;

      (j) $89,705 to the department to continue the governor's council on substance abuse;

      (k) $97,591 to the department to continue evaluation of Byrne formula grant programs;

      (l) $572,919 to the office of financial management for criminal history records improvement; and

      (m) $804,228 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.

      (4) $125,000 of the general fund--state appropriation for fiscal year 2004 and $125,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for implementing the industries of the future strategy.

      (5) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a contract with the Washington manufacturing services.

      (6) $205,000 of the general fund--state appropriation for fiscal year 2004 and $205,000 of the general fund--state appropriation for fiscal year 2005 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.

      (7) $50,000 of the general fund--state appropriation for fiscal year 2004 and $50,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a contract with international trade alliance of Spokane.

      (8) $5,085,000 of the general fund--state appropriation for fiscal year 2004, $5,085,000 of the general fund--state appropriation for fiscal year 2005, $4,250,000 of the general fund--federal appropriation, and $6,145,000 of the Washington housing trust account are provided solely for providing housing and shelter for homeless people, including but not limited to grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; and emergency shelter assistance.

      (9) $369,000 of the community economic development account appropriation and $120,000 of the developmental disabilities endowment trust fund appropriation are provided solely for support of the developmental disabilities endowment governing board and costs of the endowment program. The governing board may use appropriations to implement a sliding-scale fee waiver for families earning below 150 percent of the state median family income.

      (10) $800,000 of the general fund--federal appropriation and $6,000 of the lead paint account--state appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 5586 (lead-based paint). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

      (11) $125,000 of the general fund--state appropriation for fiscal year 2004 and $475,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the business retention and expansion program to fund contracts with locally based development organizations for local business and job retention activities. In administering new and existing funding for the business retention and expansion program, the department shall ensure the existing local programs are funded at levels that meet or exceed the funding provided in the 2001-2003 biennium.

      (12) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the tourism office to market Washington state as a travel destination to northwest states, California, and British Columbia. By December 1, 2004, the department shall report to the relevant legislative policy and fiscal committees on the effectiveness of these expenditures.

      (13) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for business development activities to conduct statewide and/or regional business recruitment and client lead generation services. In administering this funding, the department shall solicit recommendations from a statewide economic development organization representing associate development organizations.

      (14) $60,000 of the general fund--state appropriation for fiscal year 2004 and $60,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the community services block grant program for pass-through to community action agencies.

      (15) $26,862,000 of the general fund--state appropriation for fiscal year 2004 and $26,862,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for providing early childhood education assistance.

      (16) Within the amounts appropriated in this section, funding is provided for Washington state dues for the Pacific northwest economic region.

      (17) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the foreign offices (overseas representatives) to expand local capacity for China, expand operations in Shanghai, Beijing and Hong Kong, and in Mexico to assist Washington exporters in expanding their sales opportunities.

      (18) $600,000 of the public safety and education account appropriation is provided solely for sexual assault prevention and treatment programs.

      (19) $65,000 of the general fund--state appropriation for fiscal year 2004 and $65,000 of the general fund--state appropriation for fiscal year 2005 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) 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.

      (21) Within amounts provided in this section, sufficient funding is provided to implement Engrossed House Bill No. 1090 (trafficking of persons).

      (22) $10,208,818 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 2005 as follows:

      (a) $3,533,522 to local units of government to continue multijurisdictional narcotics task forces;

      (b) $608,002 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;

      (c) $1,336,624 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;

      (d) $196,130 to the department for grants to support tribal law enforcement needs;

      (e) $971,823 to the department of social and health services, division of alcohol and substance abuse, for drug courts in eastern and western Washington;

      (f) $296,697 to the department for training and technical assistance of public defenders representing clients with special needs;

      (g) $683,586 to the department to continue domestic violence legal advocacy;

      (h) $885,526 to the department of social and health services, juvenile rehabilitation administration, to continue youth violence prevention and intervention projects;

      (i) $59,688 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;


      (j) $89,239 to the department to continue the governor's council on substance abuse;

      (k) $97,084 to the department to continue evaluation of Byrne formula grant programs;

      (l) $650,846 to the office of financial management for criminal history records improvement; and

      (m) $800,051 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 those 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.

      (23) $100,000 of the general fund--state appropriation for fiscal year 2004 and $400,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the purpose of grants to support the base realignment and closure process. The department shall develop and implement criteria and procedures such as the types of activities that can be funded by the grants and requirements for local matching funds for the issuance of grants to one organization within: Island county, Kitsap county, Pierce county, Snohomish county, and Spokane county. The department shall use a portion of the funding provided to support the related activities of state agencies as identified by the governor.

      (24) $163,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for pass through to community voice mail agencies as identified in this subsection, in order for these agencies to provide people in crisis and transition free and personalized voice mail services:

      (a) The Opportunity Council, Bellingham, $15,000;

      (b) Skagit Community Action, Skagit county, $12,000;

      (c) The Opportunity Council, Island county, $11,000;

      (d) Volunteers of America, Snohomish county, $10,616;

      (e) Fremont Public Association, Seattle, $27,909;

      (f) Metropolitan Development Council, Tacoma, $10,475;

      (g) Community Voice Mail National, Olympia, $18,000;

      (h) Council on Homelessness, Vancouver, $12,500;

      (i) Chelan-Douglas Community Action, north central Washington, $13,000;

      (j) Benton-Franklin Community Action, south central Washington, $17,500; and

      (k) SNAP, Spokane, $15,000.

      (25) $634,000 of the general fund--state appropriation for fiscal year 2004, $634,000 of the general fund--state appropriation for fiscal year 2005, and $1,101,000 of the administrative contingency account appropriation are provided solely for contracting with associate development organizations to maintain existing programs.

      (26) $150,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to the department of community, trade, and economic development for the northwest orthopaedic institute to develop additional organizational infrastructure to assist community-based musculoskeletal health research.

      (27) $300,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to the department of community, trade, and economic development for the youth assessment center in Pierce county for activities dedicated to reducing the rate of incarceration of juvenile offenders.

      (28) $99,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the retired senior volunteer program.

      (29) $2,000,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for increased civil legal services for the indigent. Of this amount, $100,000 shall be allocated to a general farm organization with members in every county of the state to develop and administer an alternative dispute resolution system for disputes between farmers and farm workers.

      (30) $2,000,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for deposit in the homeless families services fund created in section 718 of this act.

      (31) The entire homeless families services fund--state appropriation is provided solely to administer the homeless families fund and program created in section 718 of this act. It is the intent of the legislature that beginning with the 2005-07 biennium, the department choose a qualified contractor to administer the homeless families services fund program.

      (32) $421,000 of the general fund--state appropriation for fiscal year 2004 and $193,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to coordinate the state's efforts in siting the 7E7 final assembly plant.

      (33) $60,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for a study under (a) through (i) of this subsection. Expenditure of this amount is contingent upon a $60,000 match from a county with a population exceeding one million. The department shall conduct a study to:

      (a) Detail the progress in each of the buildable land counties to date in achieving annexation or incorporation of its urban growth area since adoption of the county's county-wide planning policies to the present time by documenting:

      (i) The number of acres annexed;

      (ii) The number of acres incorporated;

      (iii) The number of residents annexed, incorporated, and remaining in urban unincorporated areas; and

      (iv) The characteristic of urban land remaining unincorporated in terms of assessed value, infrastructure deficits, service needs, land use, commercial development, and residential development;

      (b) Determine the characteristics of remaining urban unincorporated areas and current statutes, and estimate when all urban unincorporated areas in each county will be annexed or incorporated, based on the rate of progress to date;

      (c) Survey the counties to identify those obstacles which, in their experience, slow or prohibit annexation;

      (d) Survey the cities in each of the subject counties to identify obstacles, which in their experience, slow or prohibit annexation;

      (e) Survey residents of urban unincorporated areas in each of the subject counties to identify their attitudes towards annexation or incorporation;

      (f) Propose possible changes to city and county taxing authority which will serve to aid the transfer of annexation of remaining urban growth areas in a timely manner;

      (g) Identify and discuss the need for funding of capital improvement projects needed to provide urban levels of service;

      (h) Assess the role and statutory authority of the boundary review board and how altering their role and authority might facilitate annexation; and

      (i) Propose possible changes to growth management or annexation processes which will facilitate annexation.

      The department shall report to the local government committees of the legislature no later than December 1, 2004.

      If a county does not wish to participate in this study, the county administrative officer shall submit those intentions, in writing, to the department no later than July 1, 2004.


      (34) $150,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for deposit in the small business incubator account to implement Engrossed Substitute House Bill No. 2784 (small business incubator program). If this bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (35) (($75,000)) $54,000 of the general fund--state appropriation for fiscal year ((2004)) 2005 is provided solely to implement Substitute Senate Bill No. 6488 (agricultural lands study). ((If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.))

      Sec. 1008. 2004 c 276 s 118 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT

General Fund--State Appropriation (FY 2004). . . . . . $12,617,000

General Fund--State Appropriation (FY 2005). . . .(($12,860,000))

$12,905,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $23,924,000

Violence Reduction and Drug Enforcement

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$242,000

State Auditing Services Revolving

      Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$25,000

                           TOTAL APPROPRIATION. . . . (($49,668,000))

$49,713,000

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

      (1) $67,000 of the general fund--state appropriation for fiscal year 2004 and $232,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Second Substitute Senate Bill No. 5694 (integrated permit system) and Second Substitute Senate Bill No. 6217 (regulatory improvement center). If Second Substitute Senate Bill No. 6217 is not enacted by June 30, 2004, $50,000 of the general fund--state appropriation for fiscal year 2005 shall lapse.

      (2) By November 15, 2003, the office of financial management shall report to the house of representatives committees on appropriations, capital budget, and transportation and to the senate committees on ways and means and highways and transportation on the ten general priorities of government upon which the 2005-07 biennial budgets will be structured. Each priority must include a proposed set of cross agency activities with definitions and outcome measures. For historical comparisons, the 2001-03 expenditures and 2003-05 appropriations must be restated in this format and organized by priority, activity, fund source, and agency.

      (3) $40,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the office of financial management to contract for an evaluation of the costs and benefits of additional efforts aimed at encouraging K-12 employee collective bargaining units to elect coverage under public employee benefits board (PEBB) administered health care plans. This evaluation will include, but is not limited to, the following: A review of current processes for the procurement of health benefit coverage by K-12 employees; an assessment of the costs and benefits for the state, local school districts, and K-12 employees of moving to PEBB administered health care plans; and options for creating incentives for K-12 employee collective bargaining units moving to PEBB administered plans. The office of financial management shall report regarding the results of this study to the governor and the fiscal committees of the legislature by December 1, 2004.

      (4)(a) $75,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for a task force on noneconomic damages. On or before October 31, 2005, the task force shall prepare a study and develop, for consideration by the legislature, a proposed plan for implementation of an advisory schedule of noneconomic damages in actions for injuries resulting from health care under chapter 7.70 RCW. Implementation of any proposed plan is contingent upon statutory authorization by the legislature.

      (b) The task force shall develop a proposed plan for use of an advisory schedule of noneconomic damages, as defined in RCW 4.56.250, that will increase the predictability and proportionality of settlements and awards for noneconomic damages in actions for injuries resulting from health care. The task force shall consider:

      (i) The information that can most appropriately be used to provide guidance to the trier of fact regarding noneconomic damage awards, giving consideration to past noneconomic damage awards for similar injuries, considering severity and duration of the injuries, and other factors deemed appropriate by the task force; past noneconomic damage awards for similar claims for damages; and such other information the task force finds appropriate;

      (ii) The most appropriate format in which to present the information to the trier of fact; and

      (iii) When and under what circumstances an advisory schedule should be utilized in alternative dispute resolution settings and presented to the trier of fact at trial.

      (c) A proposed implementation plan shall include, at a minimum:

      (i) The information developed under subsection (b) of this section;

      (ii) Identification of statutory, regulatory, or court rule changes necessary to implement the advisory schedule, as well as forms or other documents necessary to implement the schedule; and

      (iii) Identification of the time required to implement an advisory schedule authorized by the legislature.

      (d) The task force is composed of fourteen members, as follows: (i) One member from each of the two largest caucuses in the senate, to be appointed by the president of the senate, and one member from each of the two largest caucuses in the house of representatives, to be appointed by the speaker of the house of representatives; (ii) one health care ethicist; (iii) one economist; (iv) one actuary; (v) two attorneys with expertise or significant experience in medical malpractice actions, one representing the plaintiff's bar and one representing the insurance defense bar; (vi) two superior court judges; (vii) one representative of a hospital; (viii) one physician; (ix) one representative of a medical malpractice insurer; and (x) two consumers. The governor shall appoint the nonlegislative members of the task force and select a chair.

      (e) Legislative members of the task force shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members of the task force shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (f) The office of financial management shall provide support to the task force with the assistance of staff from the administrative office of the courts, the house of representatives office of program research, and senate committee services.

      (5) $252,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the office to study land use and local government finance and make recommendations on the impact that current trends in city and county revenue sources and expenditures may have on land use decisions made by counties and cities and meeting goals of the growth management act. Among the areas to be studied: Local government revenue sources and expenditures over the past decade; the relationship between local government finances and land use decisions including commercial, residential, and industrial development; cooperation or competition of adjoining jurisdictions over land use and annexation; the relationship new development has to existing commercial and residential areas and its effect on a community's infrastructure and quality of life. The study shall include recommendations for state and local government fiscal partnerships that encourage cooperation among jurisdictions to meet the goals of the growth management act, and how the state and local government fiscal structure can better meet the responsibilities of providing services to citizens and meeting the goals of the growth management act.

      (6) $45,000 of the general fund--state appropriation in fiscal year 2005 is provided solely for implementation of Substitute House Bill No. 1380 or Engrossed Second Substitute Senate Bill No. 5441 (education finance study). If neither bill is enacted by June 30, 2005, the amount provided in this subsection shall lapse.

      Sec. 1009. 2003 1st sp.s. c 25 s 119 (uncodified) is amended to read as follows:

FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS

General Fund--State Appropriation (FY 2004). . . . . . . . .$228,000

General Fund--State Appropriation (FY 2005). . . . . . (($239,000))

$250,000

                           TOTAL APPROPRIATION. . . . . . .(($467,000))

$478,000

      Sec. 1010. 2004 c 276 s 120 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF PERSONNEL

Department of Personnel Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($16,247,000))

$18,854,000

Higher Education Personnel Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,612,000

                           TOTAL APPROPRIATION. . . . (($17,859,000))

$20,466,000

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

      (1) The department is authorized to enter into a financing contract for up to $38,911,000, plus necessary financing expenses and required reserves, pursuant to chapter 39.94 RCW. The contract shall be to purchase, develop, and implement a new statewide payroll system and shall be for a term of not more than twelve years. The legislature recognizes the critical nature of the human resource management system and its relationship to successful implementation of civil service reform, collective bargaining, and the ability to permit contracting out of services to the private sector. Projects of this size and complexity have many risks associated with their successful and timely completion, therefore, to help ensure project success, the department of personnel and the office of financial management shall jointly report to the legislature by January 15, 2004, on progress toward implementing the human resource management system. The report shall include a description of mitigation strategies employed to address the risks related to: Business requirements not fully defined at the project outset; short time frame for system implementation; and delays experienced by other states. The report shall assess the probability of meeting the system implementation schedule and recommend contingency strategies as needed. The report shall establish the timelines, the critical path, and the dependencies for realizing each of the benefits articulated in the system feasibility study.

      (2) The department shall coordinate with the governor's office of Indian affairs on providing one-day government to government training sessions for federal, state, local, and tribal government employees. The training sessions must cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session.

      Sec. 1011. 2004 c 276 s 121 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF REVENUE

General Fund--State Appropriation (FY 2004). . . . . . $82,644,000

General Fund--State Appropriation (FY 2005). . . .(($82,036,000))

$82,606,000

Timber Tax Distribution Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,327,000

Waste Education/Recycling/Litter Control--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$101,000

State Toxics Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,000

Oil Spill Administration Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $14,000

                           TOTAL APPROPRIATION. . . .(($170,189,000))

$170,759,000

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

      (1) $120,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to implement Senate Bill No. 5034 (senior citizen property tax exemption). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (2) $136,000 of the timber tax distribution account appropriation is provided solely to implement Engrossed Substitute House Bill No. 2693 (taxation of timber). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      Sec. 1012. 2004 c 276 s 123 (uncodified) is amended to read as follows:

FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

OMWBE Enterprises Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($1,990,000))

$2,334,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The office's revolving fund charges to state agencies may not exceed $1,534,000.

      (2) During the 2003-05 biennium, the office may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the office and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.

      (3) During the 2003-05 biennium, the office may raise fees in excess of the fiscal growth factor.

      Sec. 1013. 2004 c 276 s 124 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

General Fund--State Appropriation (FY 2004). . . . . . . . .$235,000

General Fund--State Appropriation (FY 2005). . . . . . . . .$233,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $3,865,000

General Administration Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($38,856,000))

$39,310,000

                           TOTAL APPROPRIATION. . . . (($43,189,000))

$43,643,000

      Sec. 1014. 2004 c 276 s 126 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF INFORMATION SERVICES

General Fund--State Appropriation (FY 2004). . . . . . . $1,000,000

General Fund--State Appropriation (FY 2005). . . . .(($1,650,000))

$1,771,000

Data Processing Revolving Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,569,000

                           TOTAL APPROPRIATION. . . . . .(($6,219,000))

$6,340,000

      The appropriations in this section are subject to the following conditions and limitations: $1,000,000 of the general fund--state appropriation for fiscal year 2004 and (($1,650,000)) $1,771,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the digital learning commons to create a demonstration project, in collaboration with schools, which will provide a web-based portal where students, parents, and teachers from around the state will have access to digital curriculum resources, learning tools, and online classes. The intent is to establish a clearinghouse of high quality online courses and curriculum materials that are aligned with the state's essential learning requirements. The clearinghouse shall be designed for ease of use and shall pool the purchasing power of the state so that these resources and courses are affordable and accessible to schools, teachers, students, and parents. These appropriations are subject to the following conditions and limitations:

      (1) The funding provided in this section shall be expended primarily for acquiring online courses and curriculum materials that are aligned with the state "essential learning requirements" and that meet standards of quality. No more than ten percent of the funds provided in this subsection shall be used for administrative expenses of the digital learning commons.

      (2) To the maximum extent possible, funds shall be used on demonstration projects that utilize online course materials and curricula that are already available. The commons may also consider utilizing existing products in establishing the entire digital learning commons.

      (3) By September 1, 2003, the digital learning commons shall begin offering access to and reimbursement for online courses and services.

      (4) In consultation with the department of information services, the office of financial management shall monitor compliance with these conditions and limitations. By February 1, 2004, the digital learning commons shall submit a report to the governor and the appropriate legislative committees detailing the types of courses and services offered and the number of students served through the digital learning commons.

      Sec. 1015. 2004 c 276 s 129 (uncodified) is amended to read as follows:

FOR THE LIQUOR CONTROL BOARD

General Fund--State Appropriation (FY 2004). . . . . . . $1,454,000

General Fund--State Appropriation (FY 2005). . . . . . . $1,455,000

Liquor Control Board Construction and Maintenance

      Account--State Appropriation. . . . . . . . . . . . . . .(($5,717,000))

$10,217,000

Liquor Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . (($135,303,000))

$135,635,000

                           TOTAL APPROPRIATION. . . .(($143,929,000))

$148,761,000

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

      (1) $2,000,000 of the liquor revolving account appropriation is provided solely for the costs associated with the merchandising business system, with priority placed on the point-of-sale component of the system. Actual expenditures are limited to the balance of funds remaining from the $4,803,000 appropriation provided for the merchandise business system in the 2001-03 budget.

      (2) $1,309,000 of the liquor revolving account appropriation is provided solely for the costs associated with the merchandising business system solution, with priority placed on the point-of-sale component of the system. These costs include hiring system-related staff and procuring system-related hardware and software.

      (3) As required under RCW 66.16.010, the liquor control board shall add an equivalent surcharge of $0.42 per liter on all retail sales of spirits, excluding licensee, military and tribal sales, effective no later than September 1, 2003. The intent of this surcharge is to raise (($14,000,000 in)) additional revenue for the 2003-05 biennium. ((To the extent that a lesser surcharge is sufficient to raise $14,000,000, the board may reduce the amount of the surcharge. The board shall remove the surcharge once it generates $14,000,000, but no later than June 30, 2005.))

      (4) During the 2003-2005 fiscal biennium, the board may increase the fee for the certificate of approval in excess of the fiscal growth factor under RCW 43.135.055 if the increase is necessary to fully fund the costs of administering the certificate of approval program under Substitute Senate Bill No. 6655, as amended. If the bill is not enacted by June 30, 2004, this subsection is null and void.

      (5) $385,000 of the liquor revolving account--state appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 6655 (beer/wine manufacturers). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (6) $4,500,000 of the liquor control board construction and maintenance account is provided solely for a three-level pick module, a pick module conveyor, additional deck lanes, associated material handling system equipment, and architectural and engineering/project management consulting fees to increase the liquor distribution center's shipping capacity.

      Sec. 1016. 2004 c 276 s 131 (uncodified) is amended to read as follows:

FOR THE MILITARY DEPARTMENT

General Fund--State Appropriation (FY 2004). . . . . . . $8,578,000

General Fund--State Appropriation (FY 2005). . . . .(($8,466,000))

$8,494,000

General Fund--Federal Appropriation. . . . . . . . . .(($143,243,000))

$143,620,000

General Fund--Private/Local Appropriation. . . . . . . . (($371,000))

$421,000

Enhanced 911 Account--State Appropriation. . . . . . . .$33,955,000

Disaster Response Account--State Appropriation. . .(($3,387,000))

$2,811,000

Disaster Response Account--Federal Appropriation.(($7,857,000))

$6,256,000

Worker and Community Right to Know Fund--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$290,000

Nisqually Earthquake Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($17,869,000))

$11,656,000

Nisqually Earthquake Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($62,103,000))

$35,637,000

                           TOTAL APPROPRIATION. . . .(($286,119,000))

$251,718,000

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

      (1) $190,000 of the disaster response account--state appropriation is provided solely to develop and implement a disaster grant management system. 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 2003-05 biennium based on current revenue and expenditure patterns.

      (2) (($14,869,000)) $8,656,000 of the Nisqually earthquake account--state appropriation and (($62,103,000)) $35,637,000 of the Nisqually earthquake account--federal appropriation are provided solely for response and recovery costs associated with the February 28, 2001, earthquake. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing earthquake recovery 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 (e) estimates of future payments by biennium. This information shall be displayed by fund, by type of assistance, and by amount paid on behalf of state agencies or local organizations. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the Nisqually earthquake 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 2003-05 biennium based on current revenue and expenditure patterns.

      (3) $3,000,000 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.

      (4) $200,000 of the general fund--state appropriation for fiscal year 2004, $200,000 of the general fund--state appropriation for fiscal year 2005, and $105,952,000 of the general fund--federal appropriation are provided solely for homeland security, to be distributed as follows:

      (a) $9,469,000 of the general fund--federal appropriation to units of local government for homeland security purposes. Any communications equipment purchased shall be consistent with standards set by the Washington state interoperability executive committee;

      (b) $200,000 of the general fund--state appropriation for fiscal year 2004, $200,000 of the general fund--state appropriation for fiscal year 2005, and $2,713,000 of the general fund--federal appropriation to the department to conduct the terrorism consequence management program;

      (c) $100,000 of the general fund--federal appropriation to the department to conduct a critical infrastructure assessment;

      (d) $674,000 of the general fund--federal appropriation to the office of financial management for the citizen corps and the community emergency response teams;

      (e) $1,384,000 of the general fund--federal appropriation to the department to provide homeland security exercise and training opportunities to state and local governments, and to develop, monitor, coordinate, and manage statewide homeland security programs, including required grant administration, monitoring, and reporting;

      (f) $89,677,000 of the general fund--federal appropriation for other anticipated homeland security needs. This amount shall not be allotted until a spending plan is approved by the governor's domestic security advisory group and the office of financial management;

      (g) The remaining general fund--federal appropriation may be expended according to federal requirements;

      (h) Federal moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. Funding is contingent upon receipt of federal awards. As part of its budget request in each year, the department shall estimate and request authority to spend any federal funds remaining available as a result of this subsection;

      (i) The department shall submit a quarterly report to the office of financial management and the legislative fiscal committees detailing the governor's domestic security advisory group recommendations; homeland security revenues and expenditures, including estimates of total federal funding for Washington state; incremental changes from the previous estimate, planned and actual homeland security expenditures by the state and local governments with this federal funding; and matching or accompanying state or local expenditures.

      Sec. 1017. 2004 c 276 s 132 (uncodified) is amended to read as follows:

FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

General Fund--State Appropriation (FY 2004). . . . . . . $2,362,000

General Fund--State Appropriation (FY 2005). . . . .(($2,437,000))

$2,396,000

Department of Personnel Service Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,542,000

                           TOTAL APPROPRIATION. . . . . .(($7,341,000))

$7,300,000

      ((The appropriations in this section are subject to the following conditions and limitations: $41,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the implementation of Second Substitute House Bill No. 2295 or Second Engrossed Substitute Senate Bill No. 5012 (charter schools). If neither bill is enacted by June 30, 2004, the amount provided in this subsection shall lapse.))

      Sec. 1018. 2003 1st sp.s. c 25 s 152 (uncodified) is amended to read as follows:

FOR THE GROWTH PLANNING HEARINGS BOARD

General Fund--State Appropriation (FY 2004). . . . . . . $1,536,000

General Fund--State Appropriation (FY 2005). . . . .(($1,467,000))

$1,522,000

                           TOTAL APPROPRIATION. . . . . .(($3,003,000))

$3,058,000

 

(End of part)

 

PART XI

HUMAN SERVICES

 

      Sec. 1101. 2004 c 276 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.

      (2) The department of social and health services shall not initiate any services that 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, 2004, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2004 among programs after approval by the director of financial management; and after May 1, 2005, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2005 in this act and in chapter 278, Laws of 2004 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 2004 and fiscal year 2005 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 or transfers under this subsection.

      (4) After consultation and coordination with local elected officials and community groups to assure there will be no degradation in existing services as a result of implementing the Washington medicaid integration project, the department shall report its progress to the appropriate committees of the legislature during the 2004 September committee assembly days and is authorized to develop an integrated health care program designed to slow the progression of illness and disability and better manage Medicaid expenditures for the aged and disabled population. Under this Washington medicaid integration partnership (WMIP) the department may combine and transfer such Medicaid funds appropriated under sections 204, 206, 208, and 209 of this act as may be necessary to finance a unified health care plan for the WMIP program enrollment. The WMIP pilot projects shall not exceed a daily enrollment of 6,000 persons during the 2003-05 biennium. The amount of funding assigned to the pilot projects from each program may not exceed the average per capita cost assumed in this act for individuals covered by that program, actuarially adjusted for the health condition of persons enrolled in the pilot, times the number of clients enrolled in the pilot. In implementing the WMIP pilot projects, the department may: (a) Withhold from calculations of "available resources" as set forth in RCW 71.24.025 a sum equal to the capitated rate for individuals enrolled in the pilots; and (b) employ capitation financing and risk-sharing arrangements in collaboration with health care service contractors licensed by the office of the insurance commissioner and qualified to participate in both the medicaid and medicare programs. The department shall conduct an evaluation of the WMIP, measuring changes in participant health outcomes, changes in patterns of service utilization, participant satisfaction, participant access to services, and the state fiscal impact.

      Sec. 1102. 2004 c 276 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 2004). . . . . $219,291,000

General Fund--State Appropriation (FY 2005). . .(($229,924,000))

$230,779,000

General Fund--Federal Appropriation. . . . . . . . . .(($422,870,000))

$424,700,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $400,000

Public Safety and Education Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $21,488,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $1,488,000

                           TOTAL APPROPRIATION. . . .(($895,461,000))

$898,146,000

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

      (1) $2,271,000 of the fiscal year 2004 general fund--state appropriation, $2,271,000 of the fiscal year 2005 general fund--state appropriation, and $1,584,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."

      (2) $701,000 of the general fund--state fiscal year 2004 appropriation and $701,000 of the general fund--state fiscal year 2005 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) $375,000 of the general fund--state fiscal year 2004 appropriation, $375,000 of the general fund--state fiscal year 2005 appropriation, and $322,000 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) The providers for the 31 HOPE beds shall be paid a $1,000 base payment per bed per month, and reimbursed for the remainder of the bed cost only when the beds are occupied.

      (5) $125,000 of the general fund--state appropriation for fiscal year 2004 and $125,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually.

      (6) Within funding provided for the foster care and adoption support programs, the department shall control reimbursement decisions for foster care and adoption support cases such that the aggregate average cost per case for foster care and for adoption support does not exceed the amounts assumed in the projected caseload expenditures. The department shall adjust adoption support benefits to account for the availability of the new federal adoption support tax credit for special needs children.

      (7) $50,000 of the fiscal year 2004 general fund--state appropriation and $50,000 of the fiscal year 2005 general fund--state appropriation are provided solely for a street youth program in Spokane.

      (8) $2,000,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to increase shelter and other services for victims of domestic violence, including $65,000 for domestic violence shelter operating costs in Shelton.

      (9) $1,773,000 of the general fund--state appropriation for fiscal year 2005 and $531,000 of the general fund--federal appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 6642 (case conferences), CAMIS user interface improvements, and family team decision meetings, as part of the department's program improvement plan implementation.

      (10) The department shall convene regional and local department staff and community-based agency staff to develop recommended policies and protocols concerning collaborative decision making, including contracting, referrals, and resource allocation. The department shall submit these recommendations to the governor and the appropriate committees of the legislature by December 1, 2004.

      Sec. 1103. 2004 c 276 s 203 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM

General Fund--State Appropriation (FY 2004). . . . . . $72,362,000

General Fund--State Appropriation (FY 2005). . . .(($72,697,000))

$73,253,000

General Fund--Federal Appropriation. . . . . . . . . . . .(($6,260,000))

$6,160,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,098,000

Juvenile Accountability Incentive

      Account--Federal Appropriation. . . . . . . . . . . . . . . $7,300,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $37,699,000

                           TOTAL APPROPRIATION. . . .(($195,284,000))

$197,872,000

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

      (1) $695,000 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.

      (2) $6,065,000 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.

      (3) $1,204,000 of the general fund--state appropriation for fiscal year 2004, $1,204,000 of the general fund--state appropriation for fiscal year 2005, and $5,262,000 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.

      (4) $2,544,000 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.

      (5) $16,000 of the general fund--state appropriation for fiscal year 2004 and $16,000 of the general fund--state appropriation for fiscal year 2005 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.

      (6) $16,000 of the violence reduction and drug enforcement account appropriation is provided solely for the evaluation of the juvenile offender co-occurring disorder pilot program.

      (7) For the purposes of a pilot project recommended by the family policy council, the juvenile rehabilitation administration shall provide a block grant, rather than categorical funding, for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative to the Pierce county juvenile court. To evaluate the effect of decategorizing funding for youth services, the juvenile court shall do the following:

      (a) Develop intermediate client outcomes according to the risk assessment tool (RAT) currently used by juvenile courts and in coordination with the juvenile rehabilitation administration and the family policy council;

      (b) Track the number of youth participating in each type of service, intermediate outcomes, and the incidence of recidivism within twenty-four months of completion of services;

      (c) Track similar data as in (b) of this subsection with an appropriate control group, selected in coordination with the juvenile rehabilitation administration and the family policy council;

      (d) Document the process for managing block grant funds on a quarterly basis, and provide this report to the juvenile rehabilitation administration and the family policy council; and

      (e) Provide an initial process evaluation to the juvenile rehabilitation administration and the family policy council by January 30, 2004, and an intermediate evaluation by December 31, 2004. The court shall develop this evaluation in consultation with the juvenile rehabilitation administration, the family policy council, and the Washington state institute for public policy.

      (8) $158,000 of the general fund--state appropriation for fiscal year 2004 and (($580,000)) $211,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to reimburse counties for local juvenile disposition alternatives implemented pursuant to Senate Bill No. 5903 (juvenile offender sentencing). The juvenile rehabilitation administration, in consultation with the juvenile court administrators, shall develop an equitable distribution formula for the funding provided in this subsection. The juvenile rehabilitation administration may adjust this funding level in the event that utilization rates of the disposition alternatives are lower than the level anticipated by the total appropriations to the juvenile rehabilitation administration in this section. If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

      (9) $1,416,000 of the general fund--state appropriation for fiscal year 2004 and $1,417,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for additional research-based services to the juvenile parole population, including quality control efforts to ensure appropriate implementation of research-based services. The juvenile rehabilitation administration shall consult with the Washington state institute for public policy in deciding which interventions to provide to the parole population and appropriate levels of quality control. Of the total general fund--state appropriation for fiscal year 2004, up to $55,000 may be used for additional suicide precaution training for staff.

      Sec. 1104. 2004 c 276 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 2004). . . . . $200,251,000

General Fund--State Appropriation (FY 2005). . .(($214,010,000))

$208,328,000

General Fund--Federal Appropriation. . . . . . . . . .(($405,549,000))

$399,700,000

General Fund--Local Appropriation. . . . . . . . . . . . . . . .$1,970,000

                           TOTAL APPROPRIATION. . . .(($821,780,000))

$810,249,000

      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 that 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 disability services administration for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability.

      (c) $4,222,000 of the general fund--state appropriation for fiscal year 2004, $4,222,000 of the general fund--state appropriation for fiscal year 2005, and $8,444,000 of the general fund--federal appropriation are provided solely for the continued 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 have been discharged from a state psychiatric hospital. 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 division and from the aging and disability services administration. The department shall continue performance-based incentive contracts 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 $902,000 of the federal block grant funding appropriated in this subsection shall be used for the continued operation of the mentally ill offender pilot program.

      (e) 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.

      (f) The department shall assure that each regional support network increases spending on direct client services in fiscal years 2004 and 2005 by at least the same percentage as the total state, federal, and local funds allocated to the regional support network in those years exceed the amounts allocated to it in fiscal year 2003.

      (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2004). . . . . . $86,607,000

General Fund--State Appropriation (FY 2005). . . .(($87,592,000))

$89,683,000

General Fund--Federal Appropriation. . . . . . . . . .(($146,945,000))

$146,844,000

General Fund--Private/Local Appropriation. . . . . .(($29,063,000))

$28,743,000

                           TOTAL APPROPRIATION. . . .(($350,207,000))

$351,877,000

      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) $124,000 of the general fund--state appropriation for fiscal year 2005, $19,000 of the general fund--private/local appropriation, and $17,000 of the general fund--federal appropriation are provided solely for implementation of Senate Bill No. 6358 (treatment orders). If Senate Bill No. 6358 is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (3) CIVIL COMMITMENT

General Fund--State Appropriation (FY 2004). . . . . . $29,194,000

General Fund--State Appropriation (FY 2005). . . .(($34,400,000))

$38,295,000

                           TOTAL APPROPRIATION. . . . (($63,594,000))

$67,489,000

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

      (a) $300,000 of the general fund--state appropriation for fiscal year 2004 and (($300,000)) $229,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for public safety mitigation funding for jurisdictions affected by the placement of the secure community transition facility on McNeil Island. Of this amount, $45,000 per year shall be provided to the city of Lakewood on September 1, 2003, and September 1, 2004, for police protection services provided by the city at Western State Hospital and adjacent areas. Of the remaining (($255,000 per year)) amounts, the department shall reimburse the affected jurisdictions for their documented costs that have been negotiated in an interagency agreement between the department and each jurisdiction, as follows:

      (i) Up to $125,000 per year shall be provided to Pierce county for its additional public safety costs as defined in RCW 71.09.344(2).

      (ii) Up to $45,000 per year shall be provided to affected jurisdictions other than Pierce county for the costs of training their law enforcement and administrative personnel as defined in RCW 71.09.344(2)(a).

      (iii) The remaining amounts are for affected jurisdictions other than Pierce county for reimbursement of their documented public safety costs as defined in RCW 71.09.344(2) (b), (c), and (d).

      (b) $4,000 of the general fund--state appropriation for fiscal year 2004 and $354,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for mitigation costs associated with the development and occupancy of the secure community transition facility in Seattle, as described in the settlement agreement dated February 3, 2004, between the department and the city of Seattle. If City of Seattle v. DSHS, King County Superior Court Cause No. 03-2-37882-SEA is not dismissed with prejudice by July 1, 2004, this appropriation shall lapse. If the proceeding requested by the city under RCW 71.09.342(5) is not withdrawn or dismissed with prejudice by July 1, 2004, this appropriation shall lapse.

      (c) $1,212,000 of the general fund--state appropriation for fiscal year 2004 and $1,260,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for legal fees charged to the special commitment program, including increased hourly rates.

      (4) SPECIAL PROJECTS

General Fund--Federal Appropriation. . . . . . . . . . . . . . $2,082,000

      (5) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2004). . . . . . . $3,124,000

General Fund--State Appropriation (FY 2005). . . . .(($3,208,000))

$3,334,000

General Fund--Federal Appropriation. . . . . . . . . . . .(($5,918,000))

$6,026,000

                           TOTAL APPROPRIATION. . . . (($12,250,000))

$12,484,000

      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 2004, $125,000 of the general fund--state appropriation for fiscal year 2005, 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 297, Laws of 1998 (commitment of mentally ill persons), and chapter 334, Laws of 2001 (mental health performance audit).

      (b) $50,000 of the general fund--state appropriation for fiscal year 2004 and $50,000 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. The 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 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 findings to the fiscal, health care, and human services committees of the legislature by November 1, 2003.

      (c) $53,000 of the general fund--state appropriation and $47,000 of the general fund--federal appropriation for fiscal year 2005 are provided solely for development of a plan for maintaining and increasing the number of beds available for treatment of persons experiencing acute psychiatric emergencies. The plan is to provide an estimate of the number of state hospital and community acute care beds needed in different areas of the state, and to estimate the construction and operating cost of meeting that need under alternative operating arrangements.

      Sec. 1105. 2004 c 276 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 2004). . . . . $250,633,000

General Fund--State Appropriation (FY 2005). . .(($274,414,000))

$272,837,000

General Fund--Federal Appropriation. . . . . . . . . .(($453,434,000))

$450,747,000

Health Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$971,000

                           TOTAL APPROPRIATION. . . .(($979,452,000))

$975,188,000

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

      (a) Any 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 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.

      (b) The health services account appropriation and $971,000 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.

      (i) Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan.

      (ii) Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits. Premium payments made to home care agencies shall be limited to home care workers who are employed at least twenty hours per week to serve state-funded clients. It is the intent of the legislature to fund the purchase of health care benefits for agency home care providers in a more fiscally prudent manner. The legislature encourages agency providers to purchase more cost-effective health care benefits, including increasing participation in the basic health plan or purchasing substantially equivalent benefits with substantially equivalent costs.

      (c) $562,000 of the general fund--state appropriation for fiscal year 2004, $1,767,000 of the general fund--state appropriation for fiscal year 2005, and $2,266,000 of the general fund--federal appropriation are provided solely for community residential and support services. Funding in this subsection shall be prioritized for (i) residents of residential habilitation centers who are able to be adequately cared for in community settings and who choose to live in those community settings; (ii) clients without residential services who are at immediate risk of institutionalization or in crisis; (iii) children who are aging out of other state services; and (iv) current home and community-based waiver program clients who have been assessed as having an immediate need for increased services. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. In order to maximize the number of clients served and ensure the cost-effectiveness of the waiver programs, the department will strive to limit new client placement expenditures to 90 percent of the budgeted daily rate. If this can be accomplished, additional clients may be served with excess funds provided the total projected carry-forward expenditures do not exceed the amounts estimated. The department shall implement the four new waiver programs such that decisions about enrollment levels and the amount, duration, and scope of services maintain expenditures within appropriations. The department shall electronically 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.

      (d) $563,000 of the general fund--state appropriation for fiscal year 2004, $1,390,000 of the general fund--state appropriation for fiscal year 2005, and $1,905,000 of the general fund--federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues. Funding in this subsection shall be prioritized for (i) clients being diverted or discharged from the state psychiatric hospitals; (ii) clients participating in the dangerous mentally ill offender program; (iii) clients participating in the community protection program; and (iv) mental health crisis diversion outplacements. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. In order to maximize the number of clients served and ensure the cost-effectiveness of the waiver programs, the department will strive to limit new client placement expenditures to 90 percent of the budgeted daily rate. If this can be accomplished, additional clients may be served with excess funds provided the total projected carry-forward expenditures do not exceed the amounts estimated. The department shall implement the four new waiver programs such that decisions about enrollment levels and the amount, duration, and scope of services maintain expenditures within appropriations. The department shall electronically 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.

      (e) The department shall provide a status report on the transition, implementation, and operation of the four home and community-based waivers that will replace the community alternatives program waiver. The department shall electronically report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter for the quarters through December 2004, the following information for each home and community-based waiver: Total projected state and federal fiscal year expenditures, year-to-date actual expenditures compared to projected expenditures, year-to-date unduplicated clients compared to projected clients, actual average per capita costs compared to projected per capita costs, number of transfers between waivers, amount of emergency funds spent to date compared to projected emergency costs, state and federal funds transferred from the medicaid personal care program to the four home and community-based waiver programs, and the year-to-date number of new clients added to a waiver program.

      (f) The department may transfer funding provided in this subsection to meet the purposes of subsection (2) of this section to the extent that fewer residents of residential habilitation centers choose to move to community placements than was assumed in this appropriation.

      (g) $3,202,000 of the general fund--state appropriation for fiscal year 2004, $4,472,000 of the general fund--state appropriation for fiscal year 2005, and $7,633,000 of the general fund--federal appropriation are provided solely for the purpose of providing a wage increase effective October 1, 2003, for individual home care workers providing state-funded services. 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 increase.

      (h) $213,000 of the general fund--state appropriation for fiscal year 2004, $289,000 of the general fund--state appropriation for fiscal year 2005, and $500,000 of the general fund--federal appropriation are provided solely to increase payments to agency home care providers from $13.44 per hour to $14.27 per hour effective October 1, 2003. The amounts in this subsection shall be used to increase compensation for direct care workers by 75 cents per hour. 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 increase.

      (i) $1,000,000 of the general fund--state appropriation for fiscal year 2005 and $300,000 of the general fund--federal appropriation are provided solely for employment and day services. Priority consideration for this new funding shall be young adults with developmental disabilities living with their family who need employment opportunities and assistance after high school graduation. Services shall be provided proportionately between waiver and nonwaiver clients. Federal funds may be used to enhance this funding only to the extent that a client is already on a home and community-based waiver. This funding shall not be used to add new clients to a home and community-based waiver.

      (j) (($312,000)) $347,000 of the general fund--state appropriation for fiscal year 2005 and (($290,000)) $322,000 of the general fund--federal appropriation are provided solely to increase payments to agency home care providers from $14.27 per hour to $14.93 per hour, effective October 1, 2004. The amounts in this subsection shall be used to increase compensation for direct care workers by 50 cents per hour. 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 increase.

      (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2004). . . . . . $67,708,000

General Fund--State Appropriation (FY 2005). . . . . . $70,794,000

General Fund--Federal Appropriation. . . . . . . . . . . . $148,998,000

General Fund--Private/Local Appropriation. . . . . . . . .$11,228,000

                           TOTAL APPROPRIATION. . . . . . $298,728,000

      The appropriations in this subsection are subject to the following conditions and limitations: The department may transfer funding provided in this subsection to meet the purposes of subsection (1) of this section to the extent that more residents of residential habilitation centers choose to move to community placements than was assumed in this appropriation.

      (3) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2004). . . . . . . $2,474,000

General Fund--State Appropriation (FY 2005). . . . . . . $3,208,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $4,209,000

Telecommunications Devices for the Hearing and

      Speech Impaired Account Appropriation. . . . . . . . . . $891,000

                           TOTAL APPROPRIATION. . . . . . . $10,782,000

      The appropriation in this subsection is subject to the following conditions and limitations: $245,000 of the general fund--state appropriation for fiscal year 2004, $996,000 of the general fund--state appropriation for fiscal year 2005, and $1,258,000 of the general fund--federal appropriation are provided solely for the purpose of developing and implementing a consistent needs assessment instrument for use on all clients with developmental disabilities. In developing the instrument, the department shall develop a process for collecting data on family income for minor children with developmental disabilities who are clients of the department and shall ensure that this information is captured as part of the client assessment process.

      (4) SPECIAL PROJECTS

General Fund--Federal Appropriation. . . . . . . . . . . . . $13,604,000

      Sec. 1106. 2004 c 276 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 2004). . . . . $523,896,000

General Fund--State Appropriation (FY 2005). . .(($578,270,000))

$561,504,000

General Fund--Federal Appropriation. . . . . . . . (($1,187,250,000))

$1,173,125,000

General Fund--Private/Local Appropriation. . . . . . . . .$18,644,000

Health Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,888,000

                           TOTAL APPROPRIATION. . (($2,312,948,000))

$2,282,057,000


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

      (1) The entire health services account appropriation, $1,476,000 of the general fund--state appropriation for fiscal year 2004, (($1,043,000)) $3,838,000 of the general fund--state appropriation for fiscal year 2005, and (($6,851,000)) $9,924,000 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.

      (a) 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.

      (b) Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits. Premium payments made to home care agencies shall be limited to home care workers who are employed at least twenty hours per week to serve state-funded clients. It is the intent of the legislature to fund the purchase of health care benefits for agency home care providers in a more fiscally prudent manner. The legislature encourages agency providers to purchase more cost-effective health care benefits, including increasing participation in the basic health plan or purchasing substantially equivalent benefits with substantially equivalent costs.

      (2) $1,768,000 of the general fund--state appropriation for fiscal year 2004 and $1,768,000 of the general fund--state appropriation for fiscal year 2005 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 $142.04 for fiscal year 2004, and no more than (($148.11)) $145.81 for fiscal year 2005. For all facilities, the direct care, 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 3.0 percent effective July 1, 2003, and by an additional 2.4 percent effective July 1, 2004.

      (4) In accordance with chapter 74.46 RCW, the department shall issue certificates of capital authorization that result in up to $32 million of increased asset value completed and ready for occupancy in fiscal year 2004; up to $32 million of increased asset value completed and ready for occupancy in fiscal year 2005; and up to $32 million of increased asset value completed and ready for occupancy in fiscal year 2006.

      (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) In accordance with chapter 74.39 RCW, the department may implement two medicaid waiver programs for persons who do not qualify for such services as categorically needy, subject to federal approval and the following conditions and limitations:

      (a) One waiver program shall include coverage of care in community residential facilities. Enrollment in the waiver shall not exceed 600 persons at any time.

      (b) The second waiver program shall include coverage of in-home care. Enrollment in this second waiver shall not exceed 200 persons at any time.

      (c) The department shall identify the number of medically needy nursing home residents, and enrollment and expenditures on each of the two medically needy waivers, on monthly management reports.

      (d) The department shall track and electronically report to health care and fiscal committees of the legislature by November 15, 2004, on the types of long-term care support a sample of waiver participants were receiving prior to their enrollment in the waivers, how those services were being paid for, and an assessment of their adequacy.

      (e) If it is necessary to establish a waiting list for either waiver because the budgeted number of enrollment opportunities has been reached, the department shall track how the long-term care needs of applicants assigned to the waiting list are met.

      (7) $118,000 of the general fund--state appropriation for fiscal year 2004, $118,000 of the general fund--state appropriation for fiscal year 2005, and $236,000 of the general fund--federal appropriation are provided solely for the department to assess at least annually each elderly resident residing in residential habilitation centers and state-operated living alternatives to determine if the resident can be more appropriately served in a less restrictive setting.

      (a) The department shall consider the proximity to the resident of the family, friends, and advocates concerned with the resident's well-being in determining whether the resident should be moved from a residential habilitation center to a different facility or program.

      (b) In assessing an elderly resident under this section and to ensure appropriate placement, the department shall identify the special needs of the resident, the types of services that will best meet those needs, and the type of facility that will best provide those services.

      (c) The appropriate interdisciplinary team shall conduct the evaluation.

      (d) If appropriate, the department shall coordinate with the local mental health authority.

      (e) The department may explore whether an enhanced rate is needed to serve this population.

      (8) Within funds appropriated in this section, the department may expand the number of boarding home beds participating in the dementia pilot project by up to 200. These additional beds shall provide persons with Alzheimer's disease or related dementias who might otherwise require nursing home care accommodation in licensed boarding home facilities that specialize in caring for such conditions.

      (9) The department shall establish waiting lists to the extent necessary to assure that annual expenditures on the community options program entry systems (COPES) program do not exceed appropriated levels. In establishing and managing any such waiting list, the department shall assure priority access to persons with the greatest unmet needs, as determined by department assessment processes.

      (10) $6,418,000 of the general fund--state appropriation for fiscal year 2004, $8,620,000 of the general fund--state appropriation for fiscal year 2005, and $15,038,000 of the general fund--federal appropriation are provided solely for the purpose of providing a wage increase effective October 1, 2003, for individual home care workers providing state-funded services. 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 increase.

      (11) $2,294,000 of the general fund--state appropriation for fiscal year 2004, $3,266,000 of the general fund--state appropriation for fiscal year 2005, and $5,560,000 of the general fund--federal appropriation are provided solely to increase payments to agency home care providers from $13.44 per hour to $14.27 per hour effective October 1, 2003. The amounts in this subsection shall be used to increase compensation for direct care workers by 75 cents per hour. 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 increase.

      (12) (($1,952,000)) $2,114,000 of the general fund--state appropriation for fiscal year 2005 and (($1,941,000)) $2,103,000 of the general fund--federal appropriation are provided solely to increase payments to agency home care providers from $14.27 per hour to $14.93 per hour, effective October 1, 2004. The amounts in this subsection shall be used to increase compensation for direct care workers by 50 cents per hour. 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 increase.

      (13) $500,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for area agencies on aging, or entities with which area agencies on aging contract, to provide support services for grandparents and other formal and informal kinship caregivers of children throughout the state.

      (a) Support services shall include but not be limited to assistance in gaining access to those services, counseling, organization of support groups, and respite care.

      (b) In providing support services under the kinship caregivers support program, area agencies on aging shall give priority to kinship caregivers who are at the greatest risk of being unable to maintain the caregiving role.

      (c) In carrying out the kinship caregivers support program, each area agency on aging shall coordinate the activities of the agency, or entities with which the agency contracts, with the activities of other public and private agencies or organizations providing similar services for kinship caregivers.

      Sec. 1107. 2004 c 276 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 2004). . . . . $445,968,000

General Fund--State Appropriation (FY 2005). . .(($437,720,000))

$457,208,000

General Fund--Federal Appropriation. . . . . . . . (($1,208,746,000))

$1,216,706,000

General Fund--Private/Local Appropriation. . . . . .(($33,891,000))

$32,673,000

                           TOTAL APPROPRIATION. . (($2,126,325,000))

$2,152,555,000

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

      (1) $273,652,000 of the general fund--state appropriation for fiscal year 2004, (($273,695,000)) $278,695,000 of the general fund--state appropriation for fiscal year 2005, and $1,000,222,000 of the general fund--federal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department shall:

      (a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Valid outcome measures of job retention and wage progression shall be developed and reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months. The department shall also report the percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months;

      (b) Submit a report by October 1, 2003, to the fiscal committees of the legislature containing a spending plan for the WorkFirst program. The plan shall identify how spending levels in the 2003-2005 biennium will be adjusted to stay within available federal grant levels and the appropriated state-fund levels; and

      (2) $57,547,000 of the general fund--state appropriation for fiscal year 2004 and (($59,953,000)) $73,424,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for cash assistance and other services to recipients in the general assistance--unemployable program. Within these amounts, the department may expend funds for services that assist recipients to reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed the funds provided.

      (3) $936,000 of the general fund--state appropriation for fiscal year 2004 and $936,000 of the general fund--state appropriation for fiscal year 2005 are provided for the department to assist in naturalization efforts for legal aliens whose eligibility for federal supplemental security income has expired. The department shall use funding previously spent on general assistance employment supports for these naturalization services.

      (4) $3,940,000 of the general fund--state appropriation for fiscal year 2004 and $3,940,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the food assistance program for legal immigrants. The level of benefits shall be equivalent to the benefits provided by the federal food stamp program.

      (5) $9,142,000 of the general fund--federal appropriation is provided solely for increased reimbursement of county legal-clerk services for child support enforcement. The department shall ensure this increase in cost does not reduce federal incentive payments.

      (6) In reviewing the budget for the division of child support, the legislature has conducted a review of the Washington state child support schedule, chapter 26.19 RCW, and supporting documentation as required by federal law. The legislature concludes that the application of the support schedule continues to result in the correct amount of child support to be awarded. No further changes will be made to the support schedule or the economic table at this time.

      (7) $1,250,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the department to maintain specialized employment services through the WorkFirst/LEP pathway program for refugees and other limited-English-proficient (LEP) families and individuals that receive temporary assistance for needy families, state family assistance, or refugee cash assistance benefits. These employment services include but are not limited to English as a second language (ESL), job placement assistance, and work support services.

      (8) $96,000 of the general fund--state appropriation for fiscal year 2005, $16,000 of the general fund--federal appropriation, and $11,000 of the general fund--local appropriation are provided solely for the implementation of Engrossed Senate Bill No. 6411 (reducing hunger), including section 2 of the act. If the bill is not enacted by June 30, 2004, the amounts provided in this section shall lapse.

      (9) $500,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for a subsidy rate increase for child care providers in urban areas of region 1.

      Sec. 1108. 2004 c 276 s 208 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM

General Fund--State Appropriation (FY 2004). . . . . . $39,979,000

General Fund--State Appropriation (FY 2005). . . . . . $41,201,000

General Fund--Federal Appropriation. . . . . . . . . . .(($94,105,000))

$98,359,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $630,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,060,000

Criminal Justice Treatment Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,950,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $49,142,000

((Problem Gambling Treatment Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000))

                           TOTAL APPROPRIATION. . . .(($236,567,000))

$240,321,000


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

      (1) $966,197 of the general fund--state appropriation for fiscal year 2004 and $966,197 of the general fund--state appropriation for fiscal year 2005 are provided solely for the parent child assistance program. The department shall contract with the University of Washington and community-based providers in Spokane and Yakima for the provision of this program. For all contractors, indirect charges for administering the program shall not exceed ten percent of the total contract amount.

      (2) $250,000 of the general fund--state appropriation for fiscal year 2005 is provided for the Washington state mentoring partnership.

      (((3) $500,000 of the problem gambling treatment account appropriation is provided solely to implement Second Substitute House Bill No. 2776 (problem gambling). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.))

      Sec. 1109. 2004 c 276 s 209 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM

General Fund--State Appropriation (FY 2004). . . .$1,119,073,000

General Fund--State Appropriation (FY 2005)(($1,248,580,000))

$1,346,308,000

General Fund--Federal Appropriation. . . . . . . . (($3,892,248,000))

$3,903,616,000

General Fund--Private/Local Appropriation. . . . .(($278,296,000))

$294,744,000

Emergency Medical Services and Trauma Care Systems

      Trust Account--State Appropriation. . . . . . . . . . . .$14,004,000

Health Services Account--State Appropriation. . .(($708,854,000))

$687,951,000

                           TOTAL APPROPRIATION. . (($7,261,055,000))

$7,365,696,000

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

      (1) Based on quarterly expenditure reports and caseload forecasts, if the department estimates that expenditures for the medical assistance program will exceed the appropriations, the department shall take steps including but not limited to reduction of rates or elimination of optional services to reduce expenditures so that total program costs do not exceed the annual appropriation authority.

      (2) The department shall continue to extend medicaid eligibility to children through age 18 residing in households with incomes below 200 percent of the federal poverty level.

      (3) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.

      (4) $493,000 of the health services account appropriation for fiscal year 2004, (($748,000)) $1,184,000 of the health services account appropriation for fiscal year 2005, and (($1,241,000)) $1,438,000 of the general fund--federal appropriation are provided solely for implementation of a "ticket to work" medicaid buy-in program for working persons with disabilities, operated in accordance with the following conditions:

      (a) To be eligible, a working person with a disability must have total income which is less than 450 percent of poverty;

      (b) Participants shall participate in the cost of the program by paying (i) a monthly enrollment fee equal to fifty percent of any unearned income in excess of the medicaid medically needy standard; and (ii) a monthly premium equal to 5 percent of all unearned income, plus 5 percent of all earned income after disregarding the first sixty-five dollars of monthly earnings, and half the remainder;

      (c) The department shall establish more restrictive eligibility standards than specified in this subsection to the extent necessary to operate the program within appropriated funds; and

      (d) The department may require point-of-service copayments as appropriate, except that copayments shall not be so high as to discourage appropriate service utilization, particularly of prescription drugs needed for the treatment of psychiatric conditions.

      (5) Sufficient funds are appropriated in this section for the department to continue podiatry services for medicaid-eligible adults.

      (6) Sufficient funds are appropriated in this section for the department to provide an adult dental benefit equivalent to approximately 75 percent of the dental benefit provided during the 2001-03 biennium. The department shall establish the scope of services to be provided within the available funds in consultation with dental providers and consumer representatives.

      (7) The legislature reaffirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.

      (8) In accordance with RCW 74.46.625, $35,953,000 of the fiscal year 2004 health services account appropriation, $20,577,000 of the fiscal year 2005 health services account appropriation, and $61,037,000 of the general fund--federal appropriation are provided solely for supplemental payments to nursing homes operated by rural public hospital districts. The payments shall be conditioned upon (a) a contractual commitment by ((the association of public hospital districts and)) participating rural public hospital districts to make an intergovernmental transfer to the state treasurer, for deposit into the health services account, equal to at least 91.9 percent of the supplemental payments; and (b) ((a contractual commitment by the association of public hospital districts to return at least 8.1 percent of the supplemental payments to the participating rural hospital districts; and (c))) a contractual commitment by the participating districts to not allow ((expenditures covered by the supplemental payments)) amounts intergovernmentally transferred to the state treasurer to be included in the nursing home cost report as expenditures or settlement against payments to be used for medicaid nursing home rate setting. It is the legislature's intent that the payments provided in this subsection shall be supplemental to and shall not in any way offset or reduce the payments calculated and provided in accordance with part E of chapter 74.46 RCW. It is the legislature's further intent that costs to improve access to healthcare at nursing facilities otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall not be disallowed solely because such costs have been paid by revenues retained by the nursing home from these supplemental payments. A ((hospital)) nursing home which does not participate in the supplemental payment intergovernmental transfer budgeted for fiscal year 2003 shall not be eligible to participate in the supplemental payments budgeted in this subsection for fiscal year 2004. The participating districts shall retain no more than a total of $9,600,000 for the 2003-05 biennium.

      (9) $12,318,000 of the health services account appropriation for fiscal year 2004, $10,738,000 of the health services account appropriation for fiscal year 2005, and $23,056,000 of the general fund--federal appropriation are provided solely for additional disproportionate share and medicare upper payment limit payments to public hospital districts and to the state's teaching hospitals. The payments shall be conditioned upon a contractual commitment by the participating public hospitals to make an intergovernmental transfer to the health services account equal to at least 91 percent of the additional payments. The state's teaching hospitals shall retain at least 28 percent of the amounts retained by hospitals under these programs, or the maximum allowable under the teaching hospitals' limits as established under federal rule, whichever is less.

      (10) $3,178,000 of the health services account appropriation, $4,208,000 of the general fund--local appropriation, and $7,308,000 of the general fund--federal appropriation are provided solely for grants to rural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.

      (11) $36,002,000 of the health services account appropriation and $26,080,000 of the general fund--federal appropriation are provided solely for grants to nonrural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.

      (12) $302,000 of the general fund--state appropriation for fiscal year 2004, (($1,671,000)) $1,633,000 of the general fund--state appropriation for fiscal year 2005, and (($17,757,000)) $17,410,000 of the general fund--federal appropriation are provided solely for development and implementation of a replacement system for the existing medicaid management information system. The medicaid management information system replacement project shall comply with section 902, chapter 25, Laws of 2003 1st sp. sess.

      (13) The department shall implement a combination of cost containment and utilization strategies sufficient to reduce general fund--state costs for durable medical equipment and supplies in fiscal year 2005 by approximately 5 percent below the level projected for fiscal year 2005 in the February 2003 forecast. In designing strategies, the primary strategy considered shall be selective or direct contracting with durable medical equipment and supplies vendors or manufacturers.

      (14) The department shall, within available resources, design and implement a medical care services care management pilot project for clients receiving general assistance benefits. The pilot project shall be operated in at least two of the counties with the highest concentration of general assistance clients, and may use a full or partial capitation model. In designing the project, the department shall consult with the mental health division and its managed care contractors that include community and migrant health centers in their provider network. The pilot project shall be designed to maximize care coordination, high-risk medical management, and chronic care management to achieve better health outcomes. The pilot project shall begin enrollment on July 1, 2004.

      (15) Within available resources and to the extent possible, the department shall evaluate and pilot a nurse consultant services program to assist fee-for-service clients in accessing medical information, with the goal of reducing administrative burdens on physicians and unnecessary emergency room utilization.

      (16) The department shall include in any pending medicaid reform section 1115 waiver application, or in any existing section 1115 waiver, a request for authorization to provide optional medicaid services that have been eliminated in this act to American Indian and Alaska Native persons as defined in relevant federal law who are eligible for medicaid only to the extent that such services are provided through the American Indian health system and are financed with one hundred percent federal medicaid matching funds.

      (17) The department shall establish managed care rates within available funds, in a manner that promotes health plan efficiency, encourages continuity of service, and assures access in underserved areas.

      (18) The department of social and health services, the office of the superintendent of public instruction, and the department of health should jointly identify opportunities for early intervention and prevention activities that can help prevent disease and reduce oral health issues among children. Disease prevention among infants at the age of one year and among children entering the K-12 education system provides cost-effective ways to avoid higher health care spending later in life.

      (19) The department shall secure a federal waiver, effective no later than September 1, 2003, which will enable it to charge ((co-)) premiums for medical and dental coverage of children whose family incomes exceed the federal poverty level.

      (20) ((For purposes of RCW 74.09.800(2), $8,017,000 of the general fund--state appropriation for fiscal year 2004, $8,454,000 of the general fund--state appropriation for fiscal year 2005, and $30,588,000 of the general fund--federal appropriation are provided solely to provide prenatal care services to low-income women who are not eligible to receive such services under the medical assistance program, Title XIX of the federal social security act. If the department is unable to secure federal matching funds under Title XXI of the social security act, the department shall take all actions necessary to manage the program within these appropriated levels.

      (21))) $13,588,000 of the health services account appropriation for fiscal year 2004, $11,008,000 of the health services account appropriation for fiscal year 2005, and $24,595,000 of the general fund--federal appropriation are provided solely for additional disproportionate share hospital payments to public hospital districts. The payments shall be conditioned upon a contractual commitment by the participating hospital districts to make an intergovernmental transfer to the health services account equal to at least 86.5 percent of the additional disproportionate share payment. The participating districts shall retain no more than $6,607,000 of the total additional amount paid.

      (((22) $10,000,000)) (21) $20,000,000 of the general fund--federal and (($10,000,000)) $20,000,000 of the general fund--local funds are provided solely to increase payments in the inpatient upper payment limit program for the state's teaching hospitals. Payments shall be made to the extent allowable under federal medicaid rule and law. The department shall work with the teaching hospitals to identify allowable sources of funding for the required match and to assure that the teaching hospitals are responsible for repayment of any disallowed federal matching funds.

      Sec. 1110. 2004 c 276 s 211 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM

General Fund--State Appropriation (FY 2004). . . . . . $37,620,000

General Fund--State Appropriation (FY 2005). . . .(($29,382,000))

$29,417,000

General Fund--Federal Appropriation. . . . . . . . . . .(($52,580,000))

$52,599,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $810,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,444,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $4,152,000

                           TOTAL APPROPRIATION. . . .(($126,988,000))

$127,042,000

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

      (1) $467,000 of the general fund--state appropriation for fiscal year 2004, $769,000 of the general fund--state appropriation for fiscal year 2005, and $1,236,000 of the general fund--federal appropriation are provided solely for transition costs associated with the downsizing effort at Fircrest school. The department shall organize the downsizing effort so as to minimize disruption to clients, employees, and the developmental disabilities program. The employees responsible for the downsizing effort shall report to the assistant secretary of the aging and disability services administration. Within the funds provided in this subsection, the department shall:

      (a) Determine appropriate ways to maximize federal reimbursement during the downsizing process;

      (b) Meet and confer with representatives of affected employees on how to assist employees who need help to relocate to other state jobs or to transition to private sector positions;

      (c) Review opportunities for state employees to continue caring for clients by assisting them in developing privately operated community residential alternatives. In conducting the review, the department will examine efforts in this area pursued by other states as part of institutional downsizing efforts;

      (d) Keep appropriate committees of the legislature apprised, through regular reports and periodic e-mail updates, of the development of and revisions to the work plan regarding this downsizing effort; and

      (e) Provide a preliminary transition plan to the fiscal and policy committees of the legislature by January 1, 2004. The transition plan shall include recommendations on ways to continue to provide some of the licensed professional services offered at Fircrest school to clients being served in community settings.

      (2) $10,000,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for one-time expenditures needed to meet the federally required level for state supplemental payments (SSP). The department shall transfer appropriate portions of this amount to other programs within the agency to accomplish this purpose. The department shall not initiate new services with this funding that will cause total future SSP expenditures to exceed the required annual maintenance-of-effort level.

      (3) $100,000 of the general fund--state appropriation for fiscal year 2004 and $100,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a contract for expanded services of the teamchild project.

      (4) $900,000 of the general fund--state appropriation for fiscal year 2004 and $900,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the continued implementation of the juvenile violence prevention grant program established in section 204, chapter 309, Laws of 1999.

      Sec. 1111. 2004 c 276 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAM

General Fund--State Appropriation (FY 2004). . . . . . $43,454,000

General Fund--State Appropriation (FY 2005). . . .(($43,493,000))

$45,175,000

General Fund--Federal Appropriation. . . . . . . . . . .(($43,321,000))

$43,981,000

                           TOTAL APPROPRIATION. . . .(($130,268,000))

$132,610,000

      Sec. 1112. 2004 c 276 s 213 (uncodified) is amended to read as follows:

FOR THE STATE HEALTH CARE AUTHORITY

State Health Care Authority Administrative

      Account--State Appropriation. . . . . . . . . . . . . .(($18,942,000))

$19,570,000

Health Services Account--State Appropriation. . .(($417,890,000))

$417,333,000

General Fund--Federal Appropriation. . . . . . . . . . . .(($3,875,000))

$3,804,000

Medical Aid Account--State Appropriation. . . . . . . . . . . .$213,000

                           TOTAL APPROPRIATION. . . . . . $440,920,000

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

      (1) $2,500,000 of the health services account--state appropriation is provided solely to increase funding for health care services provided through local community clinics.

      (2) The health services account--state appropriation contains funding to provide dental care at community clinics for persons who are not current medicaid recipients, and for interpreter services to support dental and medical services for persons for whom interpreters are not available from any other source.

      (3) $50,000 of the health services account--state appropriation is provided solely to support the operation of an innovative clinic model for the delivery of health services to uninsured or publicly insured persons that is located in an urban underserved area and operated as a department or subsidiary of a hospital located in that underserved area; has been in operation for fewer than six months as of the effective date of this act; utilizes an innovative service delivery model that relies upon midlevel practitioners, volunteers, and students enrolled in health education programs and offers group visits for common conditions; and has a sliding fee schedule that assumes that every patient of the clinic will make some contribution towards the cost of his or her care.

      (4) In order to maximize the number of enrollees who can be supported within appropriated amounts, the health care authority is directed to make modifications that will reduce the actuarial value of the basic health plan benefit by approximately 18 percent effective January 1, 2004. Modifications may include changes in enrollee premium obligations, enrollee cost-sharing, benefits, and incentives to access preventative services. To the extent that additional actions are needed in order to operate within appropriated funds, new enrollments to the program shall be limited in a manner consistent with the authority's September 6, 2001, administrative policy on basic health plan enrollment management.

      (5) Within funds appropriated in this section and sections 205 and 206 of this act, the health care authority shall continue to provide an enhanced basic health plan subsidy for foster parents licensed under chapter 74.15 RCW and workers in state-funded home care programs. Under this enhanced subsidy option, foster parents and home care workers with family incomes below 200 percent of the federal poverty level shall be allowed to enroll in the basic health plan at the minimum premium amount charged to enrollees with incomes below sixty-five percent of the federal poverty level.

      (6) The health care authority shall require organizations and individuals which are paid to deliver basic health plan services and which choose to sponsor enrollment in the subsidized basic health plan to pay 133 percent of the premium amount which would otherwise be due from the sponsored enrollees.

      (7) The administrator shall take at least the following actions to assure that persons participating in the basic health plan are eligible for the level of assistance they receive: (a) Require submission of (i) income tax returns, and recent pay history, from all applicants, or (ii) other verifiable evidence of earned and unearned income from those persons not required to file income tax returns; (b) check employment security payroll records at least once every twelve months on all enrollees; (c) require enrollees whose income as indicated by payroll records exceeds that upon which their subsidy is based to document their current income as a condition of continued eligibility; (d) require enrollees for whom employment security payroll records cannot be obtained to document their current income at least once every six months; (e) not reduce gross family income for self-employed persons by noncash-flow expenses such as, but not limited to, depreciation, amortization, and home office deductions, as defined by the United States internal revenue service; and (f) pursue repayment and civil penalties from persons who have received excessive subsidies, as provided in RCW 70.47.060(9).

      (8) To decrease administrative burdens for providers and plans participating in state purchased health care programs, the administrator, the assistant secretary for the medical assistance administration of the department of social and health services, and the director of the department of labor and industries, in collaboration with health carriers, health care providers, and the office of the insurance commissioner shall, within available resources:

      (a) Improve the timeliness of claims processing and the distribution of medical assistance program fee schedules, and more clearly define the scope of coverage under managed care contracts;

      (b) Improve the capacity for electronic billing and claims submission and provide electronic access to eligibility, benefits, and exclusion information;

      (c) Develop clear audit and data requirements for contracting managed health care plans and improve consistency between claims processing and published fee schedules;

      (d) Conform billing codes with providers and between agencies with national and regional standards wherever possible; and

      (e) Take steps to implement cost-effective measures pursuant to this section by December 2004, and on or before December 1, 2003, provide a progress report to the relevant policy and fiscal committees of the legislature on the feasibility of implementation and any fiscal constraints or regulatory or statutory barriers.

      Sec. 1113. 2004 c 276 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LABOR AND INDUSTRIES

General Fund--State Appropriation (FY 2004). . . . . . . $5,863,000

General Fund--State Appropriation (FY 2005). . . . . . . $6,145,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$22,391,000

Public Safety and Education Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,462,000

Asbestos Account--State Appropriation. . . . . . . . . . . . . . $717,000

Electrical License Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$29,589,000

Farm Labor Revolving Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28,000

Worker and Community Right-to-Know Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,557,000

Public Works Administration Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,477,000

Accident Account--State Appropriation. . . . . . . . . . .$188,181,000

Accident Account--Federal Appropriation. . . . . . . . . .$13,396,000

Medical Aid Account--State Appropriation. . . . . . . . $186,408,000

Medical Aid Account--Federal Appropriation. . . . . . . . $2,960,000

Plumbing Certificate Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,490,000

Pressure Systems Safety Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,878,000

                           TOTAL APPROPRIATION. . . . . . $473,542,000

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

      (1) $90,000 of the electrical license account--state appropriation and $206,000 of the plumbing certificate account--state appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 5713 (electrical contractors). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

      (2) (($578,000)) $1,031,000 of the accident account--state appropriation is provided solely for the purpose of:

      (a) Contracting with medical laboratories, health care providers, and other appropriate entities to provide cholinesterase medical monitoring of farm workers who handle cholinesterase-inhibiting pesticides((, and));

      (b) To collect and analyze data related to such monitoring((.

      (3) $453,000 of the accident account--state appropriation is provided solely for the purpose of reimbursing));

      (c) To reimburse agricultural employers for the costs of training, record-keeping, and travel related to cholinesterase medical monitoring of farm workers who handle cholinesterase((-inhibiting pesticides)).

      (((4))) (3) The department shall report to the office of financial management and the appropriate fiscal and policy committees of the legislature detailed information regarding administrative staffing levels and services by October 1, 2004, and prior to implementing phase II of the indirect cost study.

      (((5))) (4) $399,000 of the accident account--state appropriation and $399,000 of the medical aid account--state appropriation are provided solely for the expansion of workers' compensation fraud investigation activities. The department shall report quarterly to the office of financial management and the appropriate policy and fiscal committees of the legislature regarding the cost effectiveness of fraud activities, including the total dollars expended compared to total dollars recovered.

      (5) If the department estimates that expenditures for crime victims compensation will exceed the appropriations, including any amounts provided in Senate Bill No. 5993, the department shall take steps, including but not limited to reduction of rates or elimination of optional services, to reduce expenditures so that total program costs do not exceed the annual appropriation authority.

      Sec. 1114. 2004 c 276 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF VETERANS AFFAIRS (1) HEADQUARTERS

General Fund--State Appropriation (FY 2004). . . . . . . $1,531,000

General Fund--State Appropriation (FY 2005). . . . . . . $1,536,000

Charitable, Educational, Penal, and Reformatory

      Institutions Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,000

                           TOTAL APPROPRIATION. . . . . . . . $3,078,000

      (2) FIELD SERVICES

General Fund--State Appropriation (FY 2004). . . . . . . $2,588,000

General Fund--State Appropriation (FY 2005). . . . . . . $2,596,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . .$309,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,668,000

                           TOTAL APPROPRIATION. . . . . . . . $7,161,000

      (3) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2004). . . . . . . $7,380,000

General Fund--State Appropriation (FY 2005). . . . .(($6,020,000))

$6,136,000

General Fund--Federal Appropriation. . . . . . . . . . .(($27,365,000))

$29,051,000

General Fund--Private/Local Appropriation. . . . . .(($27,822,000))

$26,345,000

                           TOTAL APPROPRIATION. . . . (($68,587,000))

$68,912,000

      Sec. 1115. 2004 c 276 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF HEALTH

General Fund--State Appropriation (FY 2004). . . . . . $57,853,000

General Fund--State Appropriation (FY 2005). . . . . . $60,346,000

Health Services Account--State Appropriation. . . .(($36,989,000))

$34,163,000

General Fund--Federal Appropriation. . . . . . . . . .(($392,762,000))

$395,950,000

General Fund--Private/Local Appropriation. . . . . .(($93,601,000))


$99,368,000

Hospital Commission Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,490,000

Health Professions Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$40,285,000

Emergency Medical Services and Trauma Care Systems

      Trust Account--State Appropriation. . . . . . . . . . . .$12,558,000

Safe Drinking Water Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,728,000

Drinking Water Assistance Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15,654,000

Waterworks Operator Certification--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,053,000

Drinking Water Assistance Administrative Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$326,000

Water Quality Account--State Appropriation. . . . . . . . .$3,359,000

Accident Account--State Appropriation. . . . . . . . . . . . . . $258,000

Medical Aid Account--State Appropriation. . . . . . . . . . . . $46,000

State Toxics Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,761,000

Medical Test Site Licensure Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,718,000

Youth Tobacco Prevention Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,806,000

Tobacco Prevention and Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$52,510,000

                           TOTAL APPROPRIATION. . . .(($779,103,000))

$785,232,000

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

      (1) The department or any successor agency is authorized to raise existing fees charged for health care assistants, commercial shellfish paralytic shellfish poisoning, commercial shellfish licenses, newborn screening programs, psychiatrically impaired children and youth residential treatment, and in-home services in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section.

      (2) $1,337,000 of the general fund--state fiscal year 2004 appropriation and $1,338,000 of the general fund--state fiscal year 2005 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.

      (3) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.

      (4) (($24,350,000)) $21,524,000 of the health services account--state appropriation is provided solely for the state's program of universal access to essential childhood vaccines. The department shall utilize all available federal funding before expenditure of these funds.

      (5) $2,984,000 of the general fund--local appropriation is provided solely for development and implementation of an internet-based system for preparing and retrieving death certificates as provided in Substitute Senate Bill No. 5545 (chapter 241, Laws of 2003, web-based vital records).

      (6) The department of social and health services, the office of the superintendent of public instruction, and the department of health should jointly identify opportunities for early intervention and prevention activities that can help prevent disease and reduce oral health issues among children. Disease prevention among infants at the age of one year and among children entering the K-12 education system provides cost-effective ways to avoid higher health care spending later in life.

      (7) $92,000 of the general fund--state appropriation for fiscal year 2004, $19,000 of the general fund--state appropriation for fiscal year 2005, and $987,000 of the general fund--local appropriation are provided solely for implementation of Substitute House Bill No. 1338 (municipal water rights). If Substitute House Bill No. 1338 is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

      (8) $188,000 of the health professions account--state appropriation is provided solely to increase the regulation of sales of precursor drugs that are often used to illegally manufacture methamphetamine to implement Senate Bill No. 6478 (ephedrine). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (9) $25,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to develop and implement best practices in preventative health care for children. The department and the kids get care program of public health - Seattle and King county will work in collaboration with local health care agencies to disseminate strategic interventions that are focused on evidence-based best practices for improving health outcomes in children and saving health care costs. A report shall be provided to the appropriate committees of the legislature by June 30, 2005, on the program effectiveness and cost savings. This funding shall be matched by an equal amount of local funding.

      (10) $250,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the department to implement a multiyear pilot project in Yakima county for persons with household income at or below 200 percent of the federal poverty level who are ineligible for family planning services through the medicaid program. Individuals who will be served under the pilot include women who have never been pregnant, are not currently pregnant, or are beyond the family planning extension period allowed for first steps program eligibility. It is anticipated that the pilot project will serve approximately 1,000 women annually. The department will provide a preliminary report to the appropriate committees of the legislature by December 1, 2005.

      Sec. 1116. 2004 c 276 s 218 (uncodified) is amended to read as follows:

      FOR THE DEPARTMENT OF CORRECTIONS. The appropriations to the department of corrections in this act shall be expended for the programs and in the amounts specified herein. However, after May 1, ((2004)) 2005, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year ((2004)) 2005 between programs. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any deviations from appropriation levels.

      (1) ADMINISTRATION AND SUPPORT SERVICES

General Fund--State Appropriation (FY 2004). . . . . . $36,534,000

General Fund--State Appropriation (FY 2005). . . .(($38,835,000))

$41,461,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,657,000


Violence Reduction and Drug Enforcement

      Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $26,000

                           TOTAL APPROPRIATION. . . . (($79,052,000))

$81,678,000

      The appropriations in this subsection are subject to the following conditions and limitations: $700,000 of the general fund--state appropriation for fiscal year 2004 and (($2,550,000)) $5,050,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the continuation of phase two of the department's offender-based tracking system replacement project. These amounts are conditioned on the department satisfying the requirements of section 902 of this act.

      (2) CORRECTIONAL OPERATIONS

General Fund--State Appropriation (FY 2004). . . . . $458,402,000

General Fund--State Appropriation (FY 2005). . .(($477,061,000))

$489,605,000

General Fund--Federal Appropriation. . . . . . . . . . . .(($4,090,000))

$4,507,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $3,008,000

                           TOTAL APPROPRIATION. . . .(($942,561,000))

$955,522,000

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

      (a) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. Any funds generated in excess of actual costs shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.

      (b) The department shall provide funding for the pet partnership program at the Washington corrections center for women at a level at least equal to that provided in the 1995-97 biennium.

      (c) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.

      (d) During the 2003-05 biennium, when contracts are established or renewed for offender pay phone and other telephone services provided to inmates, the department shall select the contractor or contractors primarily based on the following factors: (i) The lowest rate charged to both the inmate and the person paying for the telephone call; and (ii) the lowest commission rates paid to the department, while providing reasonable compensation to cover the costs of the department to provide the telephone services to inmates and provide sufficient revenues for the activities funded from the institutional welfare betterment account.

      (e) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following: Lease-develop with the option to purchase or lease-purchase approximately 50 work release beds in facilities throughout the state for $3,500,000.

      (f) $7,272,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the purposes of settling all claims in Stamey, et al. v. State of Washington Department of Corrections, Pierce County Superior Court Cause No. 03-2-06201-1. The expenditure of this appropriation is contingent on the release of all claims in the case, and total settlement costs shall not exceed the appropriation in this subsection (f). If settlement is not executed by June 30, 2005, the appropriation in this subsection (f) shall lapse.

      (g) $810,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the purposes of settling all claims in Arrasmith, et al. v. State of Washington Department of Corrections, Pierce County Superior Court Cause No. 04-2-07177-7. The expenditure of this appropriation is contingent on the release of all claims in the case, and total settlement costs shall not exceed the appropriation in this subsection (g). If settlement is not executed by June 30, 2005, the appropriation in this subsection (g) shall lapse.

      (3) COMMUNITY SUPERVISION

General Fund--State Appropriation (FY 2004). . . . . . $87,626,000

General Fund--State Appropriation (FY 2005). . . .(($88,564,000))

$84,711,000

Public Safety and Education

      Account--State Appropriation. . . . . . . . . . . . . . . . $15,492,000

                           TOTAL APPROPRIATION. . . .(($191,682,000))

$187,829,000

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

      (a) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.

      (b) $75,000 of the general fund--state appropriation for fiscal year 2004 and $75,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the department of corrections to contract with the institute for public policy for responsibilities assigned in chapter 196, Laws of 1999 (offender accountability act) and sections 7 through 12 of chapter 197, Laws of 1999 (drug offender sentencing).

      (c) $100,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for a pilot project to test the availability, reliability, and effectiveness of an electronic monitoring system based on passive data logging global positioning system technology for monitoring sex offenders.

      (i) The department of corrections shall work with the Washington association of sheriffs and police chiefs and the department of social and health services to establish the pilot project.

      (ii) The pilot project shall be of sufficient size to test the reliability of the technology in a variety of geographical circumstances including both urban and rural locations.

      (iii) The pilot project shall test the system using sex or kidnapping offenders under the jurisdiction of the department of corrections and persons civilly committed under chapter 71.09 RCW under a variety of supervision circumstances. Offenders included in the pilot project shall be offenders who have been classified as level three offenders by the end of sentence review committee and over whom the department of corrections has authority to establish conditions of supervision or persons who have been ordered to be electronically monitored by the court in a proceeding under chapter 71.09 RCW and who have been classified as level three offenders by the end of sentence review committee.

      (iv) The pilot project shall specifically examine the feasibility of electronic monitoring for level three sex offenders or kidnapping offenders who register as homeless or transient.

      (v) The Washington association of sheriffs and police chiefs shall report to the appropriate committees of the legislature and the governor on the results of the pilot project by January 31, 2004. The report must include, but is not limited to:

      (A) The availability of the technology, including a description of the system used and a discussion of the various types of global positioning system-based monitoring available and appropriate for a sex offender population;


      (B) Any geographic or weather-related limitations posed by the technology;

      (C) The reliability, including the false alarm rate of the technology;

      (D) Any training requirements for department of corrections staff or supervised persons;

      (E) Any distinctions in effectiveness or feasibility for different supervision populations;

      (F) Costs, including equipment costs, monitoring fees, and any changes to department of corrections staffing levels;

      (G) The ability of the subjects of the pilot to pay for daily and/or equipment costs;

      (H) The rate of loss or damage to equipment used by the subjects of the pilot project; and

      (I) Limitations in the pilot project to determining the answers to the items in this subsection (3)(c)(v).

      The association shall make a recommendation in the report about the frequency and timing of monitoring reports, and the need for further study of the issue to determine efficacy and reliability.

      (4) CORRECTIONAL INDUSTRIES

General Fund--State Appropriation (FY 2004). . . . . . . . .$626,000

General Fund--State Appropriation (FY 2005). . . . . . . . .$626,000

                           TOTAL APPROPRIATION. . . . . . . . $1,252,000

      The appropriations in this subsection are subject to the following conditions and limitations: $110,000 of the general fund--state appropriation for fiscal year 2004 and $110,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for transfer to the jail industries board. The board shall use the amounts provided only for administrative expenses, equipment purchases, and technical assistance associated with advising cities and counties in developing, promoting, and implementing consistent, safe, and efficient offender work programs.

      (5) INTERAGENCY PAYMENTS

General Fund--State Appropriation (FY 2004). . . . . . $26,259,000

General Fund--State Appropriation (FY 2005). . . . . . $26,288,000

                           TOTAL APPROPRIATION. . . . . . . $52,547,000

      The appropriations in this subsection are subject to the following conditions and limitations: $70,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 6489 (correctional industries). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      Sec. 1117. 2004 c 276 s 219 (uncodified) is amended to read as follows:

FOR THE EMPLOYMENT SECURITY DEPARTMENT

General Fund--Federal Appropriation. . . . . . . . . . . . $267,586,000

General Fund--Private/Local Appropriation. . . . . . . . .$30,103,000

Unemployment Compensation Administration Account--

      Federal Appropriation. . . . . . . . . . . . . . . . . . . . . $192,366,000

Administrative Contingency Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,221,000

Employment Service Administrative Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$23,184,000

                           TOTAL APPROPRIATION. . . . . . $524,460,000

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

      (1) $100,000 of the administrative contingency account appropriation is provided solely to the employment security department for manufacturing economic research and surveys with findings reported to relevant legislative committees, business, and labor.

      (2) $3,988,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the Social Security Act (Reed Act). These funds are provided to replace obsolete information technology infrastructure.

      (3) $3,500,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the Social Security Act (Reed Act). These funds are authorized for employer outreach activities, employment service activities, and to prevent, detect, and collect unemployment insurance benefit overpayments.

      (4) $1,881,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the social security act (Reed Act). These funds are authorized to build an electronic delivery system to improve the collection, storage, and access of claimant and employer documents used by the department.

      (5) $2,065,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the social security act (Reed Act). These funds are authorized to provide technology to collect information from unemployment insurance applicants at the beginning of the telephone interview.

      (6) $4,337,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the social security act (Reed Act). These funds are authorized to provide direct services to unemployment insurance claimants and providing job search review.

 

(End of part)

 

PART XII

NATURAL RESOURCES

 

      Sec. 1201. 2004 c 276 s 301 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

General Fund--State Appropriation (FY 2004). . . . . . $35,828,000

General Fund--State Appropriation (FY 2005). . . .(($35,911,000))

$36,184,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $57,143,000

General Fund--Private/Local Appropriation. . . . . . . . . .$3,696,000

Special Grass Seed Burning Research Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $14,000

Reclamation Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,760,000

Flood Control Assistance Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $2,159,000

State Emergency Water Projects Revolving Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$725,000

Waste Reduction/Recycling/Litter Control Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $13,714,000

State Drought Preparedness Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,858,000

State and Local Improvements Revolving Account

      (Water Supply Facilities)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$593,000

Site Closure Account--State Appropriation. . . . . . . . .(($629,000))

$653,000

Water Quality Account--State Appropriation. . . . . . . .$25,252,000

Wood Stove Education and Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$356,000

Worker and Community Right-to-Know Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $3,348,000

State Toxics Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($59,427,000))

$60,039,000

State Toxics Control Account--Private/Local


      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$353,000

Local Toxics Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,878,000

Water Quality Permit Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25,741,000

Underground Storage Tank Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,710,000

Environmental Excellence Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$504,000

Biosolids Permit Account--State Appropriation. . . . . . . . $784,000

Hazardous Waste Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,535,000

Air Pollution Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,654,000

Oil Spill Prevention Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,889,000

Air Operating Permit Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,693,000

Freshwater Aquatic Weeds Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,503,000

Oil Spill Response Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,078,000

Metals Mining Account--State Appropriation. . . . . . . . . . .$19,000

Water Pollution Control Revolving Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$387,000

Water Pollution Control Revolving Account--

      Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . $1,901,000

                           TOTAL APPROPRIATION. . . .(($308,042,000))

$308,951,000

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

      (1) $2,757,696 of the general fund--state appropriation for fiscal year 2004, $2,757,696 of the general fund--state appropriation for fiscal year 2005, $394,000 of the general fund--federal appropriation, $2,581,000 of the state toxics account--state appropriation, $217,830 of the water quality account--state appropriation, $322,976 of the state drought preparedness account--state appropriation, $3,748,220 of the water quality permit account--state appropriation, and $704,942 of the oil spill prevention account are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-04, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.

      (2) $4,059,000 of the state toxics control account appropriation is provided solely for methamphetamine lab clean-up activities.

      (3) $170,000 of the oil spill prevention account appropriation is provided solely for implementation of the Puget Sound work plan action item UW-02 through a contract with the University of Washington's sea grant program to develop an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.

      (4) $730,000 of the general fund--state appropriation for fiscal year 2004 and (($1,270,000)) $1,543,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for shoreline grants to local governments to implement Substitute Senate Bill No. 6012 (shoreline management), chapter 262, Laws of 2003.

      (5) Fees approved by the department of ecology in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (6) $200,000 of the water quality account--state appropriation is provided solely for the department to contract with Washington State University cooperative extension program to provide statewide coordination and support for coordinated resource management.

      (7) $100,000 of the state toxics control account--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1002 (mercury), chapter 260, Laws of 2003. If the bill is not enacted by June 30, 2003, the amount provided in this subsection shall lapse.

      (8) The department of ecology is authorized to take one of the following actions related to the grant awarded in the 2001-03 biennium to Lincoln county for the Negro Creek flood control project, flood control assistance account program grant G0200049: (a) Carry forward to the 2003-05 biennium any unspent portion of the grant, or (b) extend the time of performance for the grant contract to the end of the 2003-2005 biennium.

      (9) $144,000 of the oil spill prevention account--state appropriation is provided solely to implement the provisions of Substitute Senate Bill No. 6641 (oil spills). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (10) $536,000 of the water quality permit account--state appropriation is provided solely to implement the provisions of Engrossed Substitute Senate Bill No. 6415 (storm water discharge permits). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (11) $218,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to implement the provisions of Engrossed Second Substitute Senate Bill No. 5957 (water quality data). If the bill is not enacted by June 30, 2004, the amounts provided in this subsection shall lapse.

      (12) $100,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to support the initial phase of the federal United States Geological Survey study of the Spokane Valley-Rathdrum Prairie aquifer.

      (13) $65,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to implement Engrossed Substitute House Bill No. 2488 (electronic products). If the bill is not enacted by June 30, 2004, the amounts provided in this subsection shall lapse.

      (14) $1,043,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for (a) establishing instream flows by rule for main stem rivers and their key tributaries. In watersheds where planning is not being conducted pursuant to chapter 90.82 RCW, the department shall follow the procedures and applicable requirements of chapters 90.22 and 90.54 RCW, and shall create a process of public involvement similar to that of a watershed planning unit under the provisions of chapter 90.82 RCW, in order to ensure that citizens are informed and afforded the opportunity to participate in the development of instream flow recommendations in collaboration with the department; (b) working with counties that have existing geographic information systems to map existing water rights and document current ownership and evaluating alternative administrative systems for determining existing water rights; and (c) assigning one water master to a basin that has been adjudicated.

      (15) $2,500,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for a one-time payment to settle all claims in a suit against the state in the Envirotest v. Department of Ecology, Thurston Co. Sup. Ct. Case No. 02-2-00255-0.

      (16) $350,000 of the hazardous waste assistance account appropriation is provided solely for rulemaking to require closure plans, liability coverage, and financial assurances for hazardous waste management facilities.

      (17) $300,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to assist in watershed planning efforts. Of this amount, $200,000 is provided solely for mediation efforts with the Lummi nation to pursue resolution of federal and tribal rights to water in Washington state consistent with comprehensive state water resources planning under chapter 90.54 RCW and $100,000 is provided solely for coordination and staff support for the Nisqually river council watershed initiative program.

      (18)(a) $166,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for rulemaking and development of chemical action plans for persistent bioaccumulative toxins. Of this amount:

      (i) $83,000 is provided solely for the development of a chemical action plan for the chemical compounds known as PBDE (polybrominated diphenyl ethers); and

      (ii) $83,000 is provided solely for rulemaking to develop specific criteria by which chemicals may be included on a persistent bioaccumulative toxins list, develop a specific list of persistent bioaccumulative toxins and establish criteria for selecting chemicals for chemical action plans. The department shall develop the criteria and list consistent with the administrative procedure act provided under chapter 34.05 RCW and shall not adopt the rule prior to the adjournment of the 2005 legislative session. The department shall make recommendations to the legislature by December 31, 2004, regarding future funding alternatives to address persistent bioaccumulative toxins.

      (b) $159,000 of the state toxics control account appropriation is provided solely to implement the mercury chemical action plan. Of this amount: (i) $84,000 is provided for development of a memorandum of understanding with the Washington state hospital association and the auto recyclers of Washington to ensure the safe removal and disposal of products containing mercury; and (ii) $75,000 is provided for ongoing fluorescent lamp recycling.

      Any pesticide with a valid registration on or after the effective date of this act issued by the environmental protection agency under the federal insecticide, fungicide and rodenticide act, 7 U.S.C. 136 et seq., or any fertilizer regulated under the Washington fertilizer act, chapter 15.54 RCW, shall not be included in a persistent bioaccumulative toxin rulemaking process, list, or chemical action plan undertaken by the department of ecology.

      (19) $120,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for a wetland mitigation banking pilot project. The department shall work with representatives from involved state agencies, the army corps of engineers, business, mitigation banking organizations, and environmental organizations to develop and implement a wetland banking rule. The department shall report to the appropriate committees of the legislature on the progress of the rule by December 2004.

      (20) Within the amounts appropriated in this section the department shall convene and provide staff support for a water resources administration and funding task force. The task force shall develop proposals for and recommend several options for funding the state's water resource programs, including both operating programs and capital costs for water program implementation. The task force must report its findings and recommendations to the governor and the appropriate committees of the legislature by December 15, 2004. The task force shall include representatives of each of the following interests, selected by the associations representing those interests:

      (i) One representative from each of the following interests: Agriculture, industry, environmental, fisheries, water utilities, and power utilities;

      (ii) One representative of cities and one representative of counties;

      (iii) Two representatives of Indian tribes, one from eastern Washington and one from western Washington;

      (iv) Three representatives of the executive branch of state government; and

      (v) The department of ecology shall invite a representative of the United States bureau of reclamation to participate as a member of the task force.

      Sec. 1202. 2004 c 276 s 302 (uncodified) is amended to read as follows:

FOR THE STATE PARKS AND RECREATION COMMISSION

General Fund--State Appropriation (FY 2004). . . . . . $30,015,000

General Fund--State Appropriation (FY 2005). . . .(($30,034,000))

$30,398,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . $2,666,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . $63,000

Winter Recreation Program Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,079,000

Off Road Vehicle Account--State Appropriation. . . . . . . $285,000

Snowmobile Account--State Appropriation. . . . . . . . . .$4,790,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$332,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $47,000

Parks Renewal and Stewardship Account--

      Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . $300,000

Parks Renewal and Stewardship Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . .(($34,431,000))

$34,744,000

                           TOTAL APPROPRIATION. . . .(($104,042,000))

$104,719,000

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

      (1) Fees approved by the state parks and recreation commission in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (2) $79,000 of the general fund--state appropriation for fiscal year 2004, $79,000 of the general fund--state appropriation for fiscal year 2005, and $8,000 of the winter recreation program account--state appropriation are provided solely for a grant for the operation of the Northwest avalanche center.

      (3) $191,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound work plan and agency action item P+RC-02.

      (4) At each state park at which a parking fee is collected, the state parks and recreation commission shall provide notice that the revenue collected from the parking fee shall be used to fund expenditures to maintain and improve the state park system.

      (5) $72,000 of the parks renewal and stewardship account--state appropriation is provided solely for one-time and ongoing computer system improvements and technical support.

      (6) $106,000 of the general fund--state appropriation for fiscal year 2005 and $158,000 of the parks renewal and stewardship account--state appropriation are provided solely for employee retirement buyout costs.

      Sec. 1203. 2004 c 276 s 304 (uncodified) is amended to read as follows:

FOR THE ENVIRONMENTAL HEARINGS OFFICE

General Fund--State Appropriation (FY 2004). . . . . . . . .$934,000

General Fund--State Appropriation (FY 2005). . . . . . (($998,000))

$1,021,000

                           TOTAL APPROPRIATION. . . . . .(($1,932,000))

$1,955,000

      The appropriations in this section are subject to the following conditions and limitations: $30,000 of the general fund--state appropriation for fiscal year 2004 and (($20,000)) $43,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Substitute Senate Bill No. 5776 (review of permit decisions), chapter 393, Laws of 2003.

      Sec. 1204. 2004 c 276 s 306 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund--State Appropriation (FY 2004). . . . . . $41,600,000

General Fund--State Appropriation (FY 2005). . . .(($40,584,000))


$40,634,000

General Fund--Federal Appropriation. . . . . . . . . . .(($40,316,000))

$41,816,000

General Fund--Private/Local Appropriation. . . . . .(($29,420,000))

$34,345,000

Off Road Vehicle Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$501,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,620,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$562,000

Recreational Fisheries Enhancement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . .(($3,467,000))

$3,692,000

Warm Water Game Fish Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,568,000

Eastern Washington Pheasant Enhancement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$750,000

Wildlife Account--State Appropriation. . . . . . . . . .(($58,922,000))

$59,382,000

Wildlife Account--Federal Appropriation. . . . . . . . . . $29,532,000

Wildlife Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,038,000

 Special Wildlife Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,068,000

 Special Wildlife Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($8,720,000))

$7,720,000

 Special Wildlife Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($450,000))

$1,450,000

Environmental Excellence Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,000

Regional Fisheries Salmonid Recovery Account--

      Federal Appropriation. . . . . . . . . . . . . . . . . . . . .(($1,750,000))

$2,750,000

Oil Spill Prevention Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$981,000

Oyster Reserve Land Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$411,000

                           TOTAL APPROPRIATION. . . .(($278,275,000))

$286,435,000

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

      (1) $1,355,714 of the general fund--state appropriation for fiscal year 2004, $1,355,713 of the general fund--state appropriation for fiscal year 2005, and $402,000 of the wildlife account--state appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DFW-01 through DFW-06.

      (2) $225,000 of the general fund--state appropriation for fiscal year 2004, $225,000 of the general fund--state appropriation for fiscal year 2005, and $550,000 of the wildlife account--state appropriation are provided solely for the implementation of hatchery reform recommendations defined by the hatchery scientific review group.

      (3) $1,016,000 of the wildlife account--state appropriation is provided solely for stewardship and maintenance needs on agency-owned lands and water access sites.

      (4) $900,000 of the wildlife fund--state appropriation is provided solely for wetland restoration activities for migratory waterfowl by providing landowner incentives to create or maintain waterfowl habitat and management activities.

      (5) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects.

      (6) The department shall support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.

      (7) The department shall develop and implement an activity-based costing system. The system shall be operational no later than January 1, 2004.

      (8) $400,000 of the wildlife account--state appropriation is provided solely to implement the department's information systems strategic plan to include continued implementation of a personal computer leasing plan, an upgrade of computer back-up systems, systems architecture assessment, and network security analysis.

      (9) Within funds provided, the department shall make available enforcement and biological staff to respond and take appropriate action to ensure public safety in response to public complaints regarding bear and cougar.

      (10) $43,000 of the general fund--state appropriation for fiscal year 2004 and $42,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for staffing and operation of the Tennant Lake interpretive center.

      (11) $80,000 of the general fund--state appropriation for fiscal year 2004 and $77,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Second Substitute House Bill No. 1095 (small forest landowners), chapter 311, Laws of 2003.

      (12) $25,000 of the general fund--state appropriation for fiscal year 2004 and $25,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Second Substitute House Bill No. 1338 (municipal water rights). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

      (13) $110,000 of the general fund--state appropriation for fiscal year 2004 and $110,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for economic adjustment assistance to fishermen pursuant to the 1999 Pacific salmon treaty agreement.

      (14) The department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within the amount provided for the agency, the department shall provide support to the department of health to enforce state shellfish harvest laws.

      (15) $75,000 of the recreational fisheries enhancement account and $75,000 of the state wildlife account--state appropriation are provided solely to implement additional selective recreational fisheries to include one additional fishery each in eastern and western Washington. The department shall determine the eastern Washington fishery, and the western Washington fishery shall be for Lake Washington sockeye.

      (16) $16,000 of the wildlife account--state appropriation is provided solely for implementation of Substitute House Bill No. 2621 (razor clam license). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (17) $417,000 of the wildlife account--state appropriation is provided solely to implement Substitute House Bill No. 2431 (Dungeness crab card). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (18) $112,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to buy back purse seine fishing licenses.

      (19) $180,000 of the wildlife account--state appropriation is provided solely to test deer and elk for chronic wasting disease and to document the extent of swan lead poisoning. Of this amount, $65,000 is provided solely to document the extent of swan lead poisoning and to begin environmental cleanup.

      (20) (($122,000 of the wildlife account--state appropriation is provided solely to reimburse the department of natural resources for fire suppression costs incurred on department of fish and wildlife lands.

      (21))) $150,000 of the general fund--state appropriation for fiscal year 2005 and $150,000 of the wildlife account--state appropriation are provided solely to complete phase II of the contract management system (CAPS). The CAPS system phase II shall be operational no later than June 30, 2005.

      (((22))) (21) From within existing funding, the department shall provide a report to the appropriate committees of the legislature identifying options for reducing future allocations for the harvest of salmon in the event that a group's actual catch exceeds a current allocation. The report shall identify any statutory changes that would be required to implement such an accountability system.

      (((23))) (22) $50,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for lease payments for the Vancouver hatchery staff residence and for the development of plans for an educational facility in cooperation with the Columbia Springs environmental education center.

      (23) $50,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for pheasant brood stock replacement and follow up sanitation and clean up of the Lewis county game farm.

      Sec. 1205. 2004 c 276 s 307 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF NATURAL RESOURCES

General Fund--State Appropriation (FY 2004). . . . . . $54,189,000

General Fund--State Appropriation (FY 2005). . . .(($36,554,000))

$47,583,000

General Fund--Federal Appropriation. . . . . . . . . . . .(($5,116,000))

$5,281,000

General Fund--Private/Local Appropriation. . . . . . . . . .$2,482,000

Forest Development Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$52,075,000

Off Road Vehicle Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,029,000

Surveys and Maps Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,761,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,925,000

Resources Management Cost Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$70,418,000

Surface Mining Reclamation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,293,000

Disaster Response Account--State Appropriation. . . . . $7,200,000

State Toxics Control Account--State Appropriation. . (($750,000))

$890,000

Water Quality Account--State Appropriation. . . . . . . . .$2,479,000

Aquatic Land Dredged Material Disposal Site

      Account--State Appropriation. . . . . . . . . . . . . . . . . $1,311,000

Natural Resource Conservation Areas Stewardship

      Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $83,000

Air Pollution Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$526,000

Agricultural College Trust Management Account

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,868,000

Derelict Vessel Removal Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,130,000

                           TOTAL APPROPRIATION. . . .(($254,189,000))

$265,523,000

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

      (1) $18,000 of the general fund--state appropriation for fiscal year 2004, $18,000 of the general fund--state appropriation for fiscal year 2005, and $1,006,950 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DNR-01, DNR-02, and DNR-04.

      (2) $908,000 of the general fund--state appropriation for fiscal year 2004 and $910,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for deposit into the agricultural college trust management account and are provided solely to manage approximately 70,700 acres of Washington State University's agricultural college trust lands.

      (3) $24,674,000 of the general fund--state appropriation for fiscal year 2004, (($8,358,000)) $19,087,000 of the general fund--state appropriation for fiscal year 2005, and $7,200,000 of the disaster response account--state appropriation are provided solely for emergency fire suppression. These funds shall not be allocated to cover any portion of agency indirect and administrative expenses. The legislature finds that general fund and disaster response account support for emergency fire suppression is a significant and direct subsidy of the costs to administer and manage various trust lands. It would be an unintended additional subsidy if a portion of the general fund and disaster response account amounts provided in this subsection were used to fund agency indirect and administrative expenses. To avoid this unintended additional subsidy, agency indirect and administrative costs shall be allocated among the agency's remaining accounts and appropriations.

      (4) $582,000 of the aquatic lands enhancement account appropriation is provided solely for spartina control.

      (5) Fees approved by the board of natural resources in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (6) The department shall prepare a report of actual and planned expenditures by task and activity from all fund sources for all aspects of the forest and fish program for the 2001-03 and 2003-05 biennia. The report shall be submitted to the director of financial management and the legislative fiscal committees by August 31, 2003.

      (7) Authority to expend funding for acquisition of technology equipment and software associated with development of a new revenue management system is conditioned on compliance with section 902 of this act.

      (8) $1,000,000 of the aquatic lands enhancement account--state appropriation ((is)) and $140,000 of the state toxics control account--state appropriation are provided solely for the department to meet its obligations with the U.S. environmental protection agency for the clean-up of Commencement Bay.

      (9) The department of natural resources shall provide a report to the appropriate committees of the legislature, the office of financial management, and the board of natural resources concerning the costs and effectiveness of the contract harvesting program as authorized by Second Substitute Senate Bill No. 5074 (contract harvesting), chapter 313, Laws of 2003. The report shall be submitted by December 31, 2006, and shall include the following information:

      (a) Number of sales conducted through contract harvesting;

      (b) For each sale conducted, the (i) number of board feet sold; (ii) stumpage and pond prices; (iii) difference in revenues received compared to revenues that would have accrued through noncontract harvest sales, and the distribution of revenues to the contract harvesting revolving account, and to applicable management and trust accounts; and (iv) total cost to conduct the contract harvest, by fund and object of expenditure; and

      (c) Other costs and benefits attributable to contract harvesting.

      (10) $208,000 of the general fund--state appropriation of fiscal year 2004 and $70,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Second Substitute House Bill No. 1095 (small forest landowners), chapter 311, Laws of 2003.


      (11) The department of natural resources shall not close Sahara Creek facility, campground, or trailhead. The appropriations in this section are deemed sufficient to provide service for these recreational opportunities.

      (12) $4,000 of the general fund--state appropriation for fiscal year 2004 and $4,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to compensate the forest board trust for a portion of the lease to the Crescent television improvement district consistent with RCW 79.12.055.

      (13) $2,700,000 of the general fund--state appropriation for fiscal year 2004 is provided solely to the department of natural resources to acquire approximately 232 acres of land and timber in Klickitat county from the SDS lumber company. Expenditure of the moneys provided in this subsection shall not be made until the SDS lumber company accepts the land and timber acquisition as full and complete settlement of the current litigation brought by the SDS lumber company against the state and the litigation is dismissed, with prejudice. The land and timber acquired with the funding in this subsection shall be managed for the benefit of the common schools. By June 30, 2004, if the department has not recovered through trust asset management the state's capital investment from the land acquisition provided in this subsection, the department shall seek reimbursement from the federal government.

      (14) $265,000 of the aquatic lands enhancement account appropriation is provided solely for developing a pilot project to study the feasibility of geoduck aquaculture on both intertidal and subtidal lands in the state of Washington.

      (15) $60,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for habitat restoration work in the Loomis natural resource area.

      (16) $200,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for providing public access to camp sites and trails maintained by the department. This additional funding, along with existing funding from the off road vehicle account is intended to fully fund current access to camp sites and trails. If additional funding is required to avoid closures to camp sites and trails during the 2003-05 biennium, the department shall reduce expenditures for agency administration by five percent and redeploy those general fund resources to the recreation program prior to closing any camp sites or trails.

      (17) $40,000 of the aquatic lands enhancement account appropriation is provided solely for the department to (a) calculate the rent for DNR-leased marinas based on a percentage of a marina's income and (b) recommend an appropriate formula to the 2005 legislature.

      (18)(a) $2,000,000 of the general fund--state appropriation for fiscal year 2005, $750,000 of the state toxics control account--state appropriation, and $2,000,000 of the aquatic lands enhancement account--state appropriation are provided solely for the purpose of settling Pacific Sound Resources v. Burlington Northern Santa Fe Railroad, et al. In the event: (i) A final settlement agreement is not signed by the port of Seattle, Pacific Sound Resources, and the department of natural resources by March 25, 2004; or (ii) the U.S. environmental protection agency, or the department of justice if necessary, fail to settle with the state and the department and provide a covenant not to sue and contribution protection with no additional consideration required, then $550,000 of the general fund--state appropriation for fiscal year 2005 shall be available to use to fund the existing PSR litigation and the remainder of the amounts provided in this subsection (a) shall lapse.

      (b) $300,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for legal defense costs in Pacific Sound Resources v. Burlington Northern Santa Fe Railroad et al.

      Sec. 1206. 2004 c 276 s 308 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF AGRICULTURE

General Fund--State Appropriation (FY 2004). . . . . . . $7,636,000

General Fund--State Appropriation (FY 2005). . . .(($10,941,000))

$11,019,000

General Fund--Federal Appropriation. . . . . . . . . . . . . $10,068,000

General fund--Private/Local Appropriation. . . . . . . . . . $1,110,000

Aquatic Lands Enhancement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,027,000))

$2,149,000

Water Quality Account--State Appropriation. . . . . . . . . . $692,000

State Toxics Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,780,000

Water Quality Permit Account--State Appropriation. . . . $165,000

                           TOTAL APPROPRIATION. . . . (($35,419,000))

$35,619,000

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

      (1) $37,000 of the general fund--state appropriation for fiscal year 2004 and $37,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for implementation of the Puget Sound work plan and agency action item WSDA-01.

      (2) Fees and assessments approved by the department in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.

      (3) $165,000 of the water quality permit account--state appropriation and $692,000 of the water quality account--state appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 5889 (animal feeding operations), chapter 325, Laws of 2003.

      (4) $53,000 of the general fund--state appropriation for fiscal year 2004 and $15,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Substitute House Bill No. 1754 (chickens), chapter 397, Laws of 2003.

      (5) $42,000 of the general fund--state appropriation for fiscal year 2004 and $287,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for animal identification, food safety, and commercial feed inspection programs.

      (6) $150,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for response costs to the discovery of bovine spongiform encephalopathy in a Washington dairy cow.

      (7) $630,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the "from the heart of Washington" campaign, southeast Asia/China trade representatives, domestic marketing/economic development, food and agriculture industry security, and for the small farm and direct marketing program.

      (8) $85,000 of the aquatic lands enhancement account appropriation is provided solely for spartina eradication efforts in Willapa Bay and Grays Harbor.

      (9) $330,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to contract with Washington State University for research and development activities related to asparagus harvesting and automation technology.

      (10) $1,500,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the purchase of agricultural products packing equipment. The department shall negotiate an appropriate agreement with the agricultural industry for the use of the equipment.

      (11) $500,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for control of Japanese knotweed in Washington state.

 

(End of part)

 

PART XIII

TRANSPORTATION


 

      Sec. 1301. 2004 c 276 s 402 (uncodified) is amended to read as follows:

FOR THE STATE PATROL

General Fund--State Appropriation (FY 2004). . . . . . $20,005,000

General Fund--State Appropriation (FY 2005). . . .(($18,855,000))

$21,702,000

General Fund--Federal Appropriation. . . . . . . . . . . .(($4,240,000))

$4,490,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $378,000

Death Investigations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,489,000

Public Safety and Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,969,000

Enhanced 911 Account--State Appropriation. . . . . . . . . . $612,000

County Criminal Justice Assistance Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,649,000

Municipal Criminal Justice Assistance Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $1,087,000

Fire Service Trust Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$125,000

Fire Service Training Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,374,000

State Toxics Control Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$436,000

Violence Reduction and Drug Enforcement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$286,000

Fingerprint Identification Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,393,000

                           TOTAL APPROPRIATION. . . . (($87,898,000))

$90,995,000

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

      (1) $750,000 of the fire service training account--state appropriation is provided solely for the implementation of Senate Bill No. 5176 (fire fighting training). If the bill is not enacted by June 30, 2003, the amount provided in this subsection shall lapse.

      (2) $200,000 of the fire service training account--state appropriation is provided solely for two FTE's in the office of state fire marshal to exclusively review K-12 construction documents for fire and life safety in accordance with the state building code. It is the intent of this appropriation to provide these services only to those districts that are located in counties without qualified review capabilities.

      (3) $376,000 of the public safety and education account--state appropriation is provided solely for additional DNA testing kits.

      (4) $276,000 of the fingerprint identification account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2532 (modifying commercial driver's license provisions). If the bill is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

 

(End of part)

 

PART XIV

EDUCATION

 

      Sec. 1401. 2004 c 276 s 501 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

      (1) STATE AGENCY OPERATIONS

General Fund--State Appropriation (FY 2004). . . . . . $11,615,000

General Fund--State Appropriation (FY 2005). . . .(($11,846,000))

$12,011,000

General Fund--Federal Appropriation. . . . . . . . . . .(($26,968,000))

$28,635,000

                           TOTAL APPROPRIATION. . . . (($50,429,000))

$52,261,000

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

      (a) $10,771,000 of the general fund--state appropriation for fiscal year 2004 and $10,768,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the operation and expenses of the office of the superintendent of public instruction. Within the amounts provided in this subsection, the superintendent shall recognize the extraordinary accomplishments of four students who have demonstrated a strong understanding of the civics essential learning requirements to receive the Daniel J. Evans civic education award. The students selected for the award must demonstrate understanding through completion of at least one of the classroom-based civics assessment models developed by the superintendent of public instruction, and through leadership in the civic life of their communities. The superintendent shall select two students from eastern Washington and two students from western Washington to receive the award, and shall notify the governor and legislature of the names of the recipients.

      (b) $428,000 of the general fund--state appropriation for fiscal year 2004 and $428,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.

      (c) $416,000 of the general fund--state appropriation for fiscal year 2004 and $476,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the operation and expenses of the Washington professional educator standards board. Within the amounts provided, the Washington professional educator standards board (WPESB) shall submit a report regarding specific implementation strategies to strengthen mathematics initiatives by improving teacher knowledge and skill development including: (i) Teacher preparation program approval standard changes; (ii) teacher certification requirement changes and the development of new expertise credentials; (iii) state-established standards to guide the approval of professional development providers and offerings related to mathematics; and (iv) other related recommendations. The WPESB shall base the recommendations on determinations of the status of teacher preparation and professional development opportunities and work with appropriate parties. The WPESB shall submit the report to the governor, superintendent of public instruction, state board of education, and the education and fiscal committees of the legislature by November 1, 2004.

      (d) (($130,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the implementation of Second Engrossed Substitute Senate Bill No. 5012 or Second Substitute House Bill No. 2295 (charter schools). If neither bill is enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (e))) The department of social and health services, the office of the superintendent of public instruction, and the department of health should work together to identify opportunities for early intervention and prevention activities that can help prevent disease and reduce oral health issues among children. Disease prevention among infants at the age of one year and among children entering the K-12 education system provide cost-effective ways to avoid higher health spending later in life.

      (((f))) (e) $44,000 of the general fund--state appropriation for fiscal year 2005 is provided solely to implement Substitute Senate Bill No. 6171 (complaints against school employees) or Second Substitute Senate Bill No. 5533 (disclosure of misconduct). If neither bill is enacted by June 30, 2004, the amount provided in this subsection shall lapse.

      (f) $295,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for increased attorney general fees related to School Districts' Alliance for Adequate Funding of Special Education et al. v State of Washington et al., Thurston County Superior Court Cause No. 04-2-02000-7.

      (2) STATEWIDE PROGRAMS

General Fund--State Appropriation (FY 2004). . . . . . . $8,676,000

General Fund--State Appropriation (FY 2005). . . . . . . $9,885,000

General Fund--Federal Appropriation. . . . . . . . . . .(($61,656,000))

$63,394,000

                           TOTAL APPROPRIATION. . . . (($80,217,000))

$81,955,000

      The appropriations in this subsection are provided solely for the statewide programs specified in this subsection and are subject to the following conditions and limitations:

      (a) HEALTH AND SAFETY

      (i) A maximum of $2,541,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $2,541,000 of the general fund--state appropriation for fiscal year 2005 are provided for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.

      (ii) A maximum of $96,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $96,000 of the general fund--state appropriation for fiscal year 2005 are provided for the school safety center in the office of the superintendent of public instruction subject to the following conditions and limitations:

      (A) The safety center shall: Disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.

      (B) The superintendent of public instruction shall participate in a school safety center advisory committee that includes representatives of educators, classified staff, principals, superintendents, administrators, the American society for industrial security, the state criminal justice training commission, and others deemed appropriate and approved by the school safety center advisory committee. Members of the committee shall be chosen by the groups they represent. In addition, the Washington association of sheriffs and police chiefs shall appoint representatives of law enforcement to participate on the school safety center advisory committee. The advisory committee shall select a chair.

      (C) The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel.

      (iii) A maximum of $100,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $100,000 of the general fund--state appropriation for fiscal year 2005 are provided for a school safety training program provided by the criminal justice training commission subject to the following conditions and limitations:

      (A) The criminal justice training commission with assistance of the school safety center advisory committee established in section 2(b)(iii) of this section shall develop manuals and curricula for a training program for all school safety personnel.

      (B) The Washington state criminal justice training commission, in collaboration with the advisory committee, shall provide the school safety training for all school administrators and school safety personnel, including school safety personnel hired after the effective date of this section.

      (iv) $12,917,000 of the general fund--federal appropriation is provided for safe and drug free schools and communities grants for drug and violence prevention activities and strategies.

      (v) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2005 are provided for a nonviolence and leadership training program provided by the institute for community leadership. The program shall provide the following:

      (A) Statewide nonviolence leadership coaches training program for certification of educational employees and community members in nonviolence leadership workshops;

      (B) Statewide leadership nonviolence student exchanges, training, and speaking opportunities for student workshop participants; and

      (C) A request for proposal process, with up to 80 percent funding, for nonviolence leadership workshops serving at least 12 school districts with direct programming in 36 elementary, middle, and high schools throughout Washington state.

      (b) TECHNOLOGY

      A maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2005 are provided for K-20 telecommunications network technical support in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network.

      (c) GRANTS AND ALLOCATIONS

      (i) $16,000 of the fiscal year 2004 appropriation and $689,000 of the fiscal year 2005 appropriation are provided solely for the special services pilot projects provided by Second Substitute House Bill No. 2012 (special services pilot program). The office of the superintendent of public instruction shall allocate these funds to the district or districts participating in the pilot program according to the provisions of section 2 subsection (4) of Second Substitute House Bill No. 2012, chapter 33, Laws of 2003.

      (ii) A maximum of $761,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $1,097,000 of the general fund--state appropriation for fiscal year 2005 are provided for alternative certification routes. Funds may be used by the professional educator standards board to continue existing alternative-route grant programs and to create new alternative-route programs in regions of the state with service shortages.

      (iii) A maximum of $31,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $31,000 of the general fund--state appropriation for fiscal year 2005 are provided for operation of the Cispus environmental learning center.

      (iv) A maximum of $1,224,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $1,224,000 of the general fund--state appropriation for fiscal year 2005 are provided for in-service training and educational programs conducted by the Pacific Science Center.

      (v) A maximum of $1,079,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $1,079,000 of the general fund--state appropriation for fiscal year 2005 are provided for the Washington state leadership assistance for science education reform (LASER) regional partnership coordinated at the Pacific Science Center.

      (vi) A maximum of $97,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $97,000 of the general fund--state appropriation for fiscal year 2005 are provided to support vocational student leadership organizations.


      (vii) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2005 are provided for the Washington civil liberties education program.

      (viii) $500,000 of the general fund--state appropriation for fiscal year 2004 and $500,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the Washington state achievers scholarship program. The funds shall be used to support community involvement officers that recruit, train, and match community volunteer mentors with students selected as achievers scholars.

      (ix) $25,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the school safety center advisory committee to identify instructional materials and resources for students, parents, and teachers that are designed to prevent the abduction of children.

      (x) $75,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for deposit in the natural science, wildlife, and environmental partnership account--state for the grant program established in chapter 22, Laws of 2003 (ESHB 1466).

      (xi) $100,000 of the general fund--state appropriation for fiscal year 2005 is provided solely as one-time funding for the Washington virtual classroom consortium administered by the Quillayute valley school district.

      (xii) $1,650,000 of the general fund--federal appropriation is provided for the advanced placement fee program to increase opportunities for low-income students and under-represented populations to participate in advanced placement courses and to increase the capacity of schools to provide advanced placement courses to students.

      (xiii) $9,953,000 of the general fund--federal appropriation is provided for comprehensive school reform demonstration projects to provide grants to low-income schools for improving student achievement through adoption and implementation of research-based curricula and instructional programs.

      (xiv) (($12,941,000)) $14,679,000 of the general fund--federal appropriation is provided for 21st century learning center grants, providing after-school and inter-session activities for students.

      Sec. 1402. 2004 c 276 s 502 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT

General Fund--State Appropriation (FY 2004). . . .$3,976,507,000

General Fund--State Appropriation (FY 2005)(($3,988,649,000))

$3,987,326,000

                           TOTAL APPROPRIATION. . (($7,965,156,000))

$7,963,833,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) Allocations for certificated staff salaries for the 2003-04 and 2004-05 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:

      (a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:

      (i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;

      (ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3;

      (iii) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12; and

      (iv) An additional 4.2 certificated instructional staff units for grades K-3 and an additional 7.2 certificated instructional staff units for grade 4. Any funds allocated for the additional certificated units provided in this subsection (iv) shall not be considered as basic education funding;

      (v) For class size reduction and expanded learning opportunities under the better schools program, an additional 0.8 certificated instructional staff units for the 2003-04 school year for grades K-4 per thousand full-time equivalent students. Funds allocated for these additional certificated units shall not be considered as basic education funding. The allocation may be used for reducing class sizes in grades K-4 or to provide additional classroom contact hours for kindergarten, before-and-after-school programs, weekend school programs, summer school programs, and intercession opportunities to assist elementary school students in meeting the essential academic learning requirements and student assessment performance standards. For purposes of this subsection, additional classroom contact hours provided by teachers beyond the normal school day under a supplemental contract shall be converted to a certificated full-time equivalent by dividing the classroom contact hours by 900.

      (A) Funds provided under this subsection (2)(a)(iv) and (v) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio in grades K-4 equal to or greater than 54.0 certificated instructional staff per thousand full-time equivalent students in the 2003-04 school year and 53.2 certificated instructional staff per thousand full-time equivalent students in the 2004-05 school year. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-4 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;

      (B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-4 may dedicate up to 1.3 of the 54.0 funding ratio in the 2003-04 school year, and up to 1.3 of the 53.2 funding ratio in the 2004-05 school year, to employ additional classified instructional assistants assigned to basic education classrooms in grades K-4. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;

      (C) Any district maintaining a ratio in grades K-4 equal to or greater than 54.0 certificated instructional staff per thousand full-time equivalent students in the 2003-04 school year and 53.2 certificated instructional staff per thousand full-time equivalent students in the 2004-05 school year may use allocations generated under this subsection (2)(a)(iv) and (v) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 5-6. Funds allocated under this subsection (2)(a)(iv) and (v) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants;


      (b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month;

      (c)(i) On the basis of full-time equivalent enrollment in:

      (A) Vocational education programs approved by the superintendent of public instruction, a maximum of 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 19.5 full-time equivalent vocational students; and

      (B) Skills center programs meeting the standards for skills center funding established in January 1999 by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students;

      (ii) Vocational full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported vocational enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support; and

      (iii) Indirect cost charges by a school district to vocational-secondary programs shall not exceed 15 percent of the combined basic education and vocational enhancement allocations of state funds;

      (d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:

      (i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and

      (ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;

      (e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:

      (i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and

      (ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;

      (f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:

      (i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;

      (ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.

      Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students;

      (g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit; and

      (h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.

      (3) Allocations for classified salaries for the 2003-04 and 2004-05 school years shall be calculated using formula-generated classified staff units determined as follows:

      (a) For enrollments generating certificated staff unit allocations under subsection (2)(d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections;

      (b) For all other enrollment in grades K-12, including vocational full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and

      (c) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.

      (4) Fringe benefit allocations shall be calculated at a rate of 9.68 percent in the 2003-04 school year and ((9.69)) 9.66 percent in the 2004-05 school year for certificated salary allocations provided under subsection (2) of this section, and a rate of 12.25 percent in the 2003-04 school year and ((12.25)) 12.22 percent in the 2004-05 school year for classified salary allocations provided under subsection (3) of this section.

      (5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows:

      (a) The number of certificated staff units determined in subsection (2) of this section; and

      (b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent.

      (6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(a), (b), and (d) through (h) of this section, there shall be provided a maximum of $8,785 per certificated staff unit in the 2003-04 school year and a maximum of $8,855 per certificated staff unit in the 2004-05 school year.

      (b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(A) of this section, there shall be provided a maximum of $21,573 per certificated staff unit in the 2003-04 school year and a maximum of $21,746 per certificated staff unit in the 2004-05 school year.

      (c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(B) of this section, there shall be provided a maximum of $16,739 per certificated staff unit in the 2003-04 school year and a maximum of $16,873 per certificated staff unit in the 2004-05 school year.

      (7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $531.09 for the 2003-04 and 2004-05 school years per allocated classroom teachers exclusive of salary increase amounts provided in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported statewide for the prior school year.

      (8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.

      (9) The superintendent may distribute a maximum of $6,385,000 outside the basic education formula during fiscal years 2004 and 2005 as follows:

      (a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $495,000 may be expended in fiscal year 2004 and a maximum of $499,000 may be expended in fiscal year 2005;

      (b) For summer vocational programs at skills centers, a maximum of $2,035,000 may be expended for the 2004 fiscal year and a maximum of $2,035,000 for the 2005 fiscal year;

      (c) A maximum of $351,000 may be expended for school district emergencies; and

      (d) A maximum of $485,000 each fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs.

      (10) For purposes of RCW 84.52.0531, the increase per full-time equivalent student is 3.4 percent from the 2002-03 school year to the 2003-04 school year and 2.5 percent from the 2003-04 school year to the 2004-05 school year.

      (11) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2)(b) through (h) of this section, the following shall apply:

      (a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and

      (b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2)(a) through (h) of this section shall be reduced in increments of twenty percent per year.

      (((12) $401,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the implementation of Second Engrossed Substitute Senate Bill No. 5012 or Second Substitute House Bill No. 2295 (charter schools). If neither bill is enacted by June 30, 2004, the amount provided in this subsection shall lapse.))

      Sec. 1403. 2004 c 276 s 503 (uncodified) is amended to read as follows:

      FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION. (1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:

      (a) Salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 12E by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP Document 1Sa for the 2003-04 school year and LEAP Document 1Sb for the 2004-05 school year; and

      (b) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12E.

      (2) For the purposes of this section:

      (a) "LEAP Document 1Sa" means the computerized tabulation establishing staff mix factors for certificated instructional staff for the 2003-04 school year according to education and years of experience, as developed by the legislative evaluation and accountability program committee on March 31, 2003, at 09:06 hours;

      (b) "LEAP Document 1Sb" means the computerized tabulation establishing staff mix factors for certificated instructional staff for the 2004-05 school year according to education and years of experience, as developed by the legislative evaluation and accountability program committee on March 31, 2003, at 09:06 hours; and

      (c) "LEAP Document 12E" means the computerized tabulation of 2003-04 and 2004-05 school year salary allocations for certificated administrative staff and classified staff and derived and total base salaries for certificated instructional staff as developed by the legislative evaluation and accountability program committee on March 31, 2003, at 09:06 hours.

      (3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 9.04 percent for school year 2003-04 and ((9.05)) 9.02 percent for school year 2004-05 for certificated staff and for classified staff 8.75 percent for school year 2003-04 and ((8.75)) 8.72 percent for the 2004-05 school year.

      (4)(a) Pursuant to RCW 28A.150.410, the following state-wide salary allocation schedules for certificated instructional staff are established for basic education salary allocations:


 


K-12 Salary Allocation Schedule For Certificated Instructional Staff

2003-04 School Year

Years of

 

 

 

 

 

 

 

 

 

MA+90

Service

 

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

or PHD

 

 

 

 

 

 

 

 

 

 

 

0

 

29,149

29,936

30,752

31,568

34,192

35,881

34,947

37,570

39,262

1

 

29,540

30,339

31,165

32,019

34,669

36,350

35,335

37,985

39,665

2

 

30,060

30,870

31,709

32,633

35,289

36,995

35,901

38,556

40,262

3

 

30,747

31,574

32,429

33,392

36,069

37,833

36,630

39,306

41,071

4

 

31,285

32,151

33,017

34,018

36,724

38,510

37,208

39,914

41,701

5

 

31,840

32,716

33,594

34,655

37,365

39,196

37,798

40,509

42,340

6

 

32,251

33,108

34,016

35,131

37,827

39,667

38,213

40,910

42,750

7

 

33,139

34,012

34,937

36,118

38,868

40,769

39,185

41,934

43,836

8

 

34,202

35,122

36,069

37,348

40,135

42,106

40,414

43,202

45,172

9

 

 

36,272

37,266

38,591

41,443

43,481

41,656

44,510

46,548

10

 

 

 

38,477

39,898

42,788

44,894

42,964

45,855

47,960

11

 

 

 

 

41,243

44,196

46,344

44,309

47,263

49,410

12

 

 

 

 

42,545

45,642

47,854

45,707

48,708

50,921

13

 

 

 

 

 

47,123

49,401

47,154

50,189

52,467

14

 

 

 

 

 

48,611

51,006

48,644

51,775

54,073

15

 

 

 

 

 

49,876

52,333

49,908

53,121

55,479

16 or More

 

 

 

50,873

53,379

50,906

54,183

56,588

 

K-12 Salary Allocation Schedule For Certificated Instructional Staff

2004-05 School Year

Years of

 

 

 

 

 

 

 

 

 

MA+90

Service

 

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

or PHD

 

 

 

 

 

 

 

 

 

 

 

0

 

30,023

30,834

31,674

32,516

35,218

36,958

35,995

38,697

40,439

1

 

30,427

31,249

32,100

32,979

35,709

37,440

36,395

39,125

40,855

2

 

30,812

31,642

32,502

33,449

36,171

37,920

36,798

39,520

41,269

3

 

31,209

32,047

32,916

33,893

36,610

38,401

37,180

39,895

41,687

4

 

31,598

32,473

33,347

34,358

37,091

38,895

37,580

40,313

42,118

5

 

32,000

32,879

33,762

34,829

37,552

39,392

37,987

40,711

42,551

6

 

32,413

33,273

34,186

35,306

38,016

39,866

38,404

41,114

42,963

7

 

33,139

34,012

34,937

36,118

38,868

40,769

39,185

41,934

43,836

8

 

34,202

35,122

36,069

37,348

40,135

42,106

40,414

43,202

45,172

9

 

 

36,272

37,266

38,591

41,443

43,481

41,656

44,510

46,548

10

 

 

 

38,477

39,898

42,788

44,894

42,964

45,855

47,960

11

 

 

 

 

41,243

44,196

46,344

44,309

47,263

49,410

12

 

 

 

 

42,545

45,642

47,854

45,707

48,708

50,921

13

 

 

 

 

 

47,123

49,401

47,154

50,189

52,467

14

 

 

 

 

 

48,611

51,006

48,644

51,775

54,073

15

 

 

 

 

 

49,876

52,333

49,908

53,121

55,479

16 or More

 

 

 

50,873

53,379

50,906

54,183

56,588

      (b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.


      (c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:

      (i) Credits earned since receiving the masters degree; and

      (ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree.

      (5) For the purposes of this section:

      (a) "BA" means a baccalaureate degree.

      (b) "MA" means a masters degree.

      (c) "PHD" means a doctorate degree.

      (d) "Years of service" shall be calculated under the same rules adopted by the superintendent of public instruction.

      (e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 and 28A.415.023.

      (6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:

      (a) The employee has a masters degree; or

      (b) The credits were used in generating state salary allocations before January 1, 1992.

      (7) The certificated instructional staff base salary specified for each district in LEAP Document 12E and the salary schedules in subsection (4)(a) of this section include two learning improvement days. A school district is eligible for the learning improvement day funds only if the learning improvement days have been added to the 180-day contract year. If fewer days are added, the additional learning improvement allocation shall be adjusted accordingly. The additional days shall be for activities related to improving student learning consistent with education reform implementation, and shall not be considered part of basic education. The length of a learning improvement day shall not be less than the length of a full day under the base contract. The superintendent of public instruction shall ensure that school districts adhere to the intent and purposes of this subsection.

      (8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2), subsection (7) of this section, and section 504(1) of this act.

      Sec. 1404. 2004 c 276 s 504 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS

General Fund--State Appropriation (FY 2004). . . . . . $28,604,000

General Fund--State Appropriation (FY 2005). . .(($132,202,000))

$132,232,000

General Fund--Federal Appropriation. . . . . . . . . . . . . (($663,000))

$655,000

                           TOTAL APPROPRIATION. . . .(($161,469,000))

$161,491,000

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

      (1) $8,944,000 of the general fund--state appropriation for fiscal year 2004 and (($20,339,000)) $20,366,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to provide a salary adjustment for state formula certificated instructional staff units in their first seven years of service. Consistent with the statewide certificated instructional staff salary allocation schedule in section 503 of this act, sufficient funding is provided to increase the salary of certificated instructional staff units in the 2003-04 school year and the 2004-05 school year by the following percentages: Three percent for certificated instructional staff in their first and second years of service; two and one-half percent for certificated instructional staff in their third year of service; one and one-half percent for certificated instructional staff in their fourth year of service; one percent for certificated instructional staff in their fifth year of service; and one-half of a percent for certificated instructional staff in their sixth and seventh years of service. These increases will take effect September 1, 2003 and September 1, 2004.

      (a) In order to receive funding provided in this subsection, school districts shall certify to the office of superintendent of public instruction that they will provide the percentage increases in the amounts specified in this subsection. In cases where a school district providing the increases in the amounts specified in this subsection would cause that school district to be out of compliance with RCW 28A.400.200, they may provide salary increases in different amounts but only to the extent necessary to come into compliance with RCW 28A.400.200. Funds provided in this subsection shall be used exclusively for providing the percentage increases specified in this subsection to the certificated staff units in their first seven years of service and shall not be used to supplant any other state or local funding for compensation for these staff.

      (b) The appropriations include associated incremental fringe benefit allocations at rates of 9.04 percent for school year 2003-04 and ((9.05)) 9.02 percent for school year 2004-05 for certificated staff. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in sections 502 and 503 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in sections 502 and 503 of this act.

      (2) (($5,452,000)) $5,443,000 of the general fund--state appropriation is provided solely to provide a salary adjustment for state formula classified units of one percent effective September 1, 2004, and (($126,598,000)) $126,605,000 is provided solely for adjustments to insurance benefit allocations.

      (a)(i) In order to receive funding provided in this subsection for salary adjustments for state formula classified units, school districts shall certify to the office of superintendent of public instruction that they will provide the percentage increases in the amounts specified in this subsection. Funds provided in this subsection for this purpose shall be used exclusively for providing the percentage increases specified in this subsection to classified staff units and shall not be used to supplant any other state or local funding for compensation for these staff.

      (ii) The appropriations include associated incremental fringe benefit allocations at rates of ((8.75)) 8.72 percent for the 2004-05 school year for classified staff. The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in this part V of this act. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in sections 502 and 503 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in sections 502 and 503 of this act.

      (b) The maintenance rate for insurance benefit allocations is $457.07 per month for the 2003-04 and 2004-05 school years. The appropriations in this section provide for a rate increase to $481.31 per month for the 2003-04 school year and $582.47 per month for the 2004-05 school year.

      (3) The appropriations in this section provide salary adjustments and incremental fringe benefit allocations based on formula adjustments as follows:

 

School Year

 

2003-04

2004-05

Pupil Transportation (per weighted pupil mile)

$0.00

 

$0.22

 

Highly Capable (per formula student)

$0.93

 

$1.89

 

Transitional Bilingual Education (per eligible bilingual student)

$2.45

 

$4.97

 

Learning Assistance (per entitlement unit)

$0.69

 

$2.94

 

 

      (4) The adjustments to insurance benefit allocations are at the following rates:


 


 

School Year

 

2003-04

2004-05

Pupil Transportation (per weighted pupil mile)

$0.22

 

$1.14

 

Highly Capable (per formula student)

$1.52

 

$7.72

 

Transitional Bilingual Education (per eligible bilingual student)

$3.92

 

$20.30

 

Learning Assistance (per entitlement unit)

$3.08

 

$15.95

 

 

      (5) The rates specified in this section are subject to revision each year by the legislature.

      Sec. 1405. 2004 c 276 s 505 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION

General Fund--State Appropriation (FY 2004). . . . . $215,454,000

General Fund--State Appropriation (FY 2005). . .(($219,899,000))

$232,295,000

                           TOTAL APPROPRIATION. . . .(($435,353,000))

$447,749,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) A maximum of $768,000 of this fiscal year 2004 appropriation and a maximum of $774,000 of the fiscal year 2005 appropriation may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.

      (3) $5,000 of the fiscal year 2004 appropriation and $5,000 of the fiscal year 2005 appropriation are provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons.

      (4) Allocations for transportation of students shall be based on reimbursement rates of $39.21 per weighted mile in the 2003-04 school year and $39.30 per weighted mile in the 2004-05 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction multiplied by the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school multiplied by the per mile reimbursement rate for the school year multiplied by 1.29.

      (5) For busses purchased between July 1, 2003, and June 30, 2004, the office of superintendent of public instruction shall provide reimbursement funding to a school district only after the superintendent of public instruction determines that the school bus was purchased from the list established pursuant to RCW 28A.160.195(2) or a comparable competitive bid process based on the lowest price quote based on similar bus categories to those used to establish the list pursuant to RCW 28A.160.195. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts.

      Sec. 1406. 2004 c 276 s 506 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMS

General Fund--State Appropriation (FY 2004). . . . . . . $3,100,000

General Fund--State Appropriation (FY 2005). . . . . . . $3,100,000

General Fund--Federal Appropriation. . . . . . . . . .(($252,128,000))

268,293,000

                           TOTAL APPROPRIATION. . . .(($258,328,000))

$274,493,000

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

      (1) $3,000,000 of the general fund--state appropriation for fiscal year 2004 and $3,000,000 of the general fund--state appropriation for fiscal year 2005 are provided for state matching money for federal child nutrition programs.

      (2) $100,000 of the general fund--state appropriation for fiscal year 2004 and $100,000 of the 2005 fiscal year appropriation are provided for summer food programs for children in low-income areas.

      Sec. 1407. 2004 c 276 s 507 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS

General Fund--State Appropriation (FY 2004). . . . . $435,061,000

General Fund--State Appropriation (FY 2005). . .(($426,802,000))

$430,000,000

General Fund--Federal Appropriation. . . . . . . . . .(($426,450,000))

$426,218,000

                           TOTAL APPROPRIATION. . (($1,288,313,000))

$1,291,279,000

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

      (1) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure that special education students as a class receive their full share of the general apportionment allocation accruing through sections 502 and 504 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education excess cost allocation funded in this section.

      (2)(a) The superintendent of public instruction shall use the excess cost methodology developed and implemented for the 2001-02 school year using the S-275 personnel reporting system and all related accounting requirements to ensure that:

      (i) Special education students are basic education students first;

      (ii) As a class, special education students are entitled to the full basic education allocation; and

      (iii) Special education students are basic education students for the entire school day.

      (b) The S-275 and accounting changes in effect since the 2001-02 school year shall supercede any prior excess cost methodologies and shall be required of all school districts.

      (3) Each fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (4) The superintendent of public instruction shall distribute state and federal funds to school districts based on two categories: The optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program.

      (5)(a) For the 2003-04 and 2004-05 school years, the superintendent shall make allocations to each district based on the sum of:

      (i) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, multiplied by the district's average basic education allocation per full-time equivalent student, multiplied by 1.15; and

      (ii) A district's annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent determined pursuant to subsection (6)(b) of this section, multiplied by the district's average basic education allocation per full-time equivalent student multiplied by 0.9309.

      (b) For purposes of this subsection, "average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 and shall not include enhancements, secondary vocational education, or small schools.

      (6) The definitions in this subsection apply throughout this section.

      (a) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).

      (b) "Enrollment percent" means the district's resident special education annual average enrollment, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment.

      Each district's general fund--state funded special education enrollment shall be the lesser of the district's actual enrollment percent or 12.7 percent. Increases in enrollment percent from 12.7 percent to 13.0 percent shall be funded from the general fund--federal appropriation.

      (7) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be calculated in accordance with subsection (6)(b) of this section, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.

      (8) To the extent necessary, $25,746,000 of the general fund--federal appropriation is provided for safety net awards for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (5) of this section. If safety net awards exceed the amount appropriated in this subsection (8), the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:

      (a) The committee shall consider unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal and local sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

      (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

      (c) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.

      (d) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.

      (e) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.

      (9) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.

      (10) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:

      (a) One staff from the office of superintendent of public instruction;

      (b) Staff of the office of the state auditor; and

      (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

      (11) A maximum of $678,000 may be expended from the general fund--state appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program.

      (12) $1,000,000 of the general fund--federal appropriation is provided for projects to provide special education students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.

      (13) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent. In addition to other purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues.

      (14) A maximum of $1,200,000 of the general fund--federal appropriation may be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services. The superintendent shall prepare an information database on laws, best practices, examples of programs, and recommended resources. The information may be disseminated in a variety of ways, including workshops and other staff development activities.

      (15) A school district may carry over from one year to the next year up to 10 percent of the general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program.

      Sec. 1408. 2004 c 276 s 508 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTSGeneral Fund--State Appropriation (FY 2004)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,538,000

General Fund--State Appropriation (FY 2005). . . . .(($3,538,000))

$3,537,000

                           TOTAL APPROPRIATION. . . . . .(($7,076,000))

$7,075,000

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

      (1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).

      (2) The educational service districts, at the request of the state board of education pursuant to RCW 28A.310.010 and 28A.310.340, may receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education post-site visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.

      Sec. 1409. 2004 c 276 s 509 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE

General Fund--State Appropriation (FY 2004). . . . . $163,049,000

General Fund--State Appropriation (FY 2005). . .(($165,578,000))

$164,860,000

                           TOTAL APPROPRIATION. . . .(($328,627,000))

$327,909,000

      Sec. 1410. 2004 c 276 s 510 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS

General Fund--State Appropriation (FY 2004). . . . . . $18,207,000

General Fund--State Appropriation (FY 2005). . . .(($18,176,000))


$18,313,000

                           TOTAL APPROPRIATION. . . . (($36,383,000))

$36,520,000

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

      (1) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.

      (3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.

      (4) The funded staffing ratios for education programs for juveniles age 18 or less in department of corrections facilities shall be the same as those provided in the 1997-99 biennium.

      (5) $190,000 of the general fund--state appropriation for fiscal year 2004 and $142,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to maintain at least one certificated instructional staff and related support services at an institution whenever the K-12 enrollment is not sufficient to support one full-time equivalent certificated instructional staff to furnish the educational program. The following types of institutions are included: Residential programs under the department of social and health services for developmentally disabled juveniles, programs for juveniles under the department of corrections, and programs for juveniles under the juvenile rehabilitation administration.

      (6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.

      Sec. 1411. 2004 c 276 s 511 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS

General Fund--State Appropriation (FY 2004). . . . . . . $6,620,000

General Fund--State Appropriation (FY 2005). . . . .(($6,632,000))

$6,683,000

                           TOTAL APPROPRIATION. . . . (($13,252,000))

$13,303,000

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

      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of $334.89 per funded student for the 2003-04 school year and (($334.91)) $334.85 per funded student for the 2004-05 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment.

      (3) $170,000 of the fiscal year 2004 appropriation and $170,000 of the fiscal year 2005 appropriation are provided for the centrum program at Fort Worden state park.

      (4) $90,000 of the fiscal year 2004 appropriation and $90,000 of the fiscal year 2005 appropriation are provided for the Washington destination imagination network and future problem-solving programs.

      Sec. 1412. 2004 c 276 s 513 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMSGeneral Fund--State Appropriation (FY 2004)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$38,417,000

General Fund--State Appropriation (FY 2005). . . .(($37,709,000))

$37,270,000

General Fund--Federal Appropriation. . . . . . . . . .(($164,087,000))

$128,906,000

                           TOTAL APPROPRIATION. . . .(($240,213,000))

$204,593,000

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

      (1) $310,000 of the general fund--state appropriation for fiscal year 2004 and $310,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the academic achievement and accountability commission.

      (2) $15,486,000 of the general fund--state appropriation for fiscal year 2004, $13,103,000 of the general fund--state appropriation for fiscal year 2005, and (($12,310,000)) $14,009,000 of the general fund--federal appropriation are provided solely for development and implementation of the Washington assessments of student learning (WASL), including development and implementation of retake assessments for high school students who are not successful in one or more content areas of the WASL, development of alternative assessments or appeals procedures to implement the certificate of academic achievement, and independent research on the alignment and technical review of reading, writing, and science.

      (3) $548,000 of the fiscal year 2004 general fund--state appropriation and $548,000 of the fiscal year 2005 general fund--state appropriation are provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.

      (4) $2,348,000 of the general fund--state appropriation for fiscal year 2004 and $2,348,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260, and for a mentor academy. Up to $200,000 of the amount in this subsection may be used each fiscal year to operate a mentor academy to help districts provide effective training for peer mentors. Funds for the teacher assistance program shall be allocated to school districts based on the number of first year beginning teachers.

      (a) A teacher assistance program is a program that provides to a first year beginning teacher peer mentor services that include but are not limited to:

      (i) An orientation process and individualized assistance to help beginning teachers who have been hired prior to the start of the school year prepare for the start of a school year;

      (ii) The assignment of a peer mentor whose responsibilities to the beginning teacher include but are not limited to constructive feedback, the modeling of instructional strategies, and frequent meetings and other forms of contact;

      (iii) The provision by peer mentors of strategies, training, and guidance in critical areas such as classroom management, student discipline, curriculum management, instructional skill, assessment, communication skills, and professional conduct. A district may provide these components through a variety of means including one-on-one contact and workshops offered by peer mentors to groups, including cohort groups, of beginning teachers;

      (iv) The provision of release time, substitutes, mentor training in observation techniques, and other measures for both peer mentors and beginning teachers, to allow each an adequate amount of time to observe the other and to provide the classroom experience that each needs to work together effectively;

      (v) Assistance in the incorporation of the essential academic learning requirements into instructional plans and in the development of complex teaching strategies, including strategies to raise the achievement of students with diverse learning styles and backgrounds; and

      (vi) Guidance and assistance in the development and implementation of a professional growth plan. The plan shall include a professional self-evaluation component and one or more informal performance assessments. A peer mentor may not be involved in any evaluation under RCW 28A.405.100 of a beginning teacher whom the peer mentor has assisted through this program.

      (b) In addition to the services provided in (a) of this subsection, an eligible peer mentor program shall include but is not limited to the following components:

      (i) Strong collaboration among the peer mentor, the beginning teacher's principal, and the beginning teacher;

      (ii) Stipends for peer mentors and, at the option of a district, for beginning teachers. The stipends shall not be deemed compensation for the purposes of salary lid compliance under RCW 28A.400.200 and are not subject to the continuing contract provisions of Title 28A RCW; and

      (iii) To the extent that resources are available for this purpose and that assistance to beginning teachers is not adversely impacted, the program may serve second year and more experienced teachers who request the assistance of peer mentors.

      (5) $1,959,000 of the general fund--state appropriation for fiscal year 2004 and $1,959,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for improving technology infrastructure, monitoring and reporting on school district technology development, promoting standards for school district technology, promoting statewide coordination and planning for technology development, and providing regional educational technology support centers, including state support activities, under chapter 28A.650 RCW. The superintendent of public instruction shall coordinate a process to facilitate the evaluation and provision of online curriculum courses to school districts which includes the following: Creation of a general listing of the types of available online curriculum courses; a survey conducted by each regional educational technology support center of school districts in its region regarding the types of online curriculum courses desired by school districts; a process to evaluate and recommend to school districts the best online courses in terms of curriculum, student performance, and cost; and assistance to school districts in procuring and providing the courses to students.

      (6) $3,594,000 of the general fund--state appropriation for fiscal year 2004 and $3,594,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to RCW 70.190.040.

      (7) $2,500,000 of the general fund--state appropriation for fiscal year 2004 and $2,500,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155.

      (8) $705,000 of the general fund--state appropriation for fiscal year 2004 and $705,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the leadership internship program for superintendents, principals, and program administrators.

      (9) A maximum of $250,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $250,000 of the general fund--state appropriation for fiscal year 2005 are provided for summer accountability institutes offered by the superintendent of public instruction and the academic achievement and accountability commission. The institutes shall provide school district staff with training in the analysis of student assessment data, information regarding successful district and school teaching models, research on curriculum and instruction, and planning tools for districts to improve instruction in reading, mathematics, language arts, social studies, including civics, and guidance and counseling.

      (10) $3,713,000 of the general fund--state appropriation for fiscal year 2004 and $3,713,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the Washington reading corps subject to the following conditions and limitations:

      (a) Grants shall be allocated to schools and school districts to implement proven, research-based mentoring and tutoring programs in reading that may include research-based reading skills development software for low-performing students in grades K-6. If the grant is made to a school district, the principals of schools enrolling targeted students shall be consulted concerning design and implementation of the program.

      (b) The programs may be implemented before, after, or during the regular school day, or on Saturdays, summer, intercessions, or other vacation periods.

      (c) Two or more schools may combine their Washington reading corps programs.

      (d) A program is eligible for a grant if it meets the following conditions:

      (i) The program employs methods of teaching and student learning based on reliable reading/literacy research and effective practices;

      (ii) The program design is comprehensive and includes instruction, on-going student assessment, professional development, parental/community involvement, and program management aligned with the school's reading curriculum;

      (iii) It provides quality professional development and training for teachers, staff, and volunteer mentors and tutors;

      (iv) It has measurable goals for student reading aligned with the essential academic learning requirements;

      (v) It contains an evaluation component to determine the effectiveness of the program; and

      (vi) The program may include a software-based solution to increase the student/tutor ratio to a minimum of 5:1. The selected software program shall be scientifically researched-based.

      (e) Funding priority shall be given to low-performing schools.

      (f) Beginning and end-of-program testing data shall be available to determine the effectiveness of funded programs and practices. Common evaluative criteria across programs, such as grade-level improvements shall be available for each reading corps program. The superintendent of public instruction shall provide program evaluations to the governor and the appropriate committees of the legislature. Administrative and evaluation costs may be assessed from the annual appropriation for the program.

      (g) Grants provided under this section may be used by schools and school districts for expenditures from September 2003 through August 31, 2005.

      (11) $1,313,000 of the general fund--state appropriation for fiscal year 2004 and (($2,473,000)) $2,034,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for salary bonuses for teachers who attain certification by the national board for professional teaching standards, subject to the following conditions and limitations:

      (a) Teachers who hold a valid certificate from the national board during the 2003-04 or 2004-05 school years shall receive an annual bonus not to exceed $3,500 in each of these school years in which they hold a national board certificate.


      (b) The annual bonus shall be paid in a lump sum amount and shall not be included in the definition of "earnable compensation" under RCW 41.32.010(10).

      (12) $313,000 of the general fund--state appropriation for fiscal year 2004 and $313,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a principal support program. The office of the superintendent of public instruction may contract with an independent organization to administer the program. The program shall include: (a) Development of an individualized professional growth plan for a new principal or principal candidate; and (b) participation of a mentor principal who works over a period of between one and three years with the new principal or principal candidate to help him or her build the skills identified as critical to the success of the professional growth plan.

      (13) $126,000 of the general fund--state appropriation for fiscal year 2004 and $126,000 of the general fund--state appropriation for fiscal year 2005 are provided for the development and posting of web-based instructional tools, assessment data, and other information that assists schools and teachers implementing higher academic standards.

      (14) $3,046,000 of the general fund--state appropriation for fiscal year 2004 and $3,046,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to the office of the superintendent of public instruction for focused assistance. The office of the superintendent of public instruction shall conduct educational audits of low-performing schools and enter into performance agreements between school districts and the office to implement the recommendations of the audit and the community. Each educational audit shall include recommendations for best practices and ways to address identified needs and shall be presented to the community in a public meeting to seek input on ways to implement the audit and its recommendations.

      (15) $1,764,000 of the general fund--state appropriation for fiscal year 2004 and $1,764,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the mathematics helping corps subject to the following conditions and limitations:

      (a) In order to increase the availability and quality of technical mathematics assistance statewide, the superintendent of public instruction shall employ mathematics school improvement specialists to provide assistance to schools and districts. The specialists shall be hired by and work under the direction of a statewide school improvement coordinator. The mathematics improvement specialists shall not be permanent employees of the superintendent of public instruction.

      (b) The school improvement specialists shall provide the following:

      (i) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;

      (ii) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments emphasizing the performance on the mathematics assessments;

      (iii) Consultation concerning curricula that aligns with the essential academic learning requirements emphasizing the academic learning requirements for mathematics, the Washington assessment of student learning, and meets the needs of diverse learners;

      (iv) Assistance in the identification and implementation of research-based instructional practices in mathematics;

      (v) Staff training that emphasizes effective instructional strategies and classroom-based assessment for mathematics;

      (vi) Assistance in developing and implementing family and community involvement programs emphasizing mathematics; and

      (vii) Other assistance to schools and school districts intended to improve student mathematics learning.

      (16) $125,000 of the general fund--state appropriation for fiscal year 2004 and $125,000 of the general fund--state appropriation for fiscal year 2005 are provided for the Tukwila school district and the Selah school district for a two-year project designed to improve the districts' performance in reading and math and to close the achievement gap within the district, subject to the following conditions and limitations:

      (a) Funds shall be allocated to all schools within the Tukwila school district and Selah school district to implement proven, research-based reading and math intervention software for low-performing students in grades K-12.

      (b) The programs may be implemented before, during, or after the regular school day, on Saturdays, or summer intercessions.

      (c) A program is eligible for funding if it meets the following conditions:

      (i) The program employs methods of teaching and student learning based on reliable research and best practices;

      (ii) The program design is comprehensive and includes instruction, ongoing student assessment, professional development, and program management aligned with the district's reading and math curriculum;

      (iii) The program provides quality professional development and training for teachers, staff, and volunteer mentors or tutors;

      (iv) The program contains an evaluation component to determine the effectiveness of the program, which will be reported to the legislature and the superintendent of public instruction on an annual basis for the duration of the project.

      (d) Beginning and end-of-program testing data shall be available to determine the effectiveness of funded programs and practices. Common evaluative criteria across programs, such as grade-level improvements, shall be available for each program.

      (e) All materials related to the project shall be retained by the district at the end of the two-year term.

      (17) $515,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the math initiative. The office of the superintendent of public instruction shall evaluate textbooks and other instructional materials for math to determine the extent to which they are aligned with the state standards. A scorecard of the analysis shall be made available to school districts. The superintendent shall also develop and disseminate information on essential components of comprehensive, school-based math programs and shall work with mentor teachers from around the state to develop guidelines for eligibility, training, and professional development for mentor math teachers.

      (18) (($87,901,000)) $88,942,000 of the general fund--federal appropriation is provided for preparing, training, and recruiting high quality teachers and principals under Title II of the no child left behind act.

      (19) $25,955,000 of the general fund--federal appropriation is provided for the reading first program under Title I of the no child left behind act.

      Sec. 1413. 2004 c 276 s 514 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS

General Fund--State Appropriation (FY 2004). . . . . . $50,678,000

General Fund--State Appropriation (FY 2005). . . .(($54,050,000))

$54,138,000

General Fund--Federal Appropriation (FY 2005). . . . $44,544,000

                           TOTAL APPROPRIATION. . . .(($149,272,000))

$149,360,000

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


      (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (2) The superintendent shall distribute a maximum of $725.11 per eligible bilingual student in the 2003-04 school year and (($725.17)) $724.99 in the 2004-05 school year, exclusive of salary and benefit adjustments provided in section 504 of this act.

      (3) The superintendent may withhold up to $700,000 in school year 2003-04 and up to $700,000 in school year 2004-05, and adjust the per eligible pupil rates in subsection (2) of this section accordingly, for the central provision of assessments as provided in RCW 28A.180.090 (1) and (2).

      (4) $70,000 of the amounts appropriated in this section are provided solely to develop a system for the tracking of current and former transitional bilingual program students.

      (5) The general fund--federal appropriation in this section is provided for migrant education under Title I Part C and English language acquisition, and language enhancement grants under Title III of the elementary and secondary education act.

      Sec. 1414. 2004 c 276 s 515 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM

General Fund--State Appropriation (FY 2004). . . . . . $64,366,000

General Fund--State Appropriation (FY 2005). . . .(($62,929,000))

$62,966,000

General Fund--Federal Appropriation. . . . . . . . . .(($301,322,000))

$310,314,000

                           TOTAL APPROPRIATION. . . .(($428,617,000))

$437,646,000

      (1) The general fund--state appropriations in this section are subject to the following conditions and limitations:

      (a) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.

      (b) Funding for school district learning assistance programs shall be allocated at maximum rates of $432.15 per funded unit for the 2003-04 school year and (($432.53)) $432.44 per funded unit for the 2004-05 school year exclusive of salary and benefit adjustments provided under section 504 of this act.

      (c) For purposes of this section, "test results" refers to the district results from the norm-referenced test administered in the specified grade level. The norm-referenced test results used for the third and sixth grade calculations shall be consistent with the third and sixth grade tests required under RCW 28A.230.190 and 28A.230.193.

      (d) A school district's general fund--state funded units shall be the sum of the following:

      (i) The district's full-time equivalent enrollment in grades K-6, multiplied by the 5-year average 4th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 3rd grade test becomes available, it shall be phased into the 5-year average on a 1-year lag;

      (ii) The district's full-time equivalent enrollment in grades 7-9, multiplied by the 5-year average 8th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 6th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag;

      (iii) The district's full-time equivalent enrollment in grades 10-11 multiplied by the 5-year average 11th grade lowest quartile test results, multiplied by 0.82. As the 9th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag;

      (iv) If, in the prior school year, the district's percentage of October headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeded the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the current school year multiplied by 22.3 percent; and

      (v) In addition to amounts allocated under (d) of this subsection, for school districts in which the effective Title I Part A (basic program) increase is insufficient to cover the formula change in the multiplier from .92 to .82, a state allocation shall be provided that, when combined with the effective increase in federal Title I Part A (basic program) funds from the 2001-02 school year, is sufficient to cover this amount. The effective Title I Part A (basic program) increase is the current school year federal Title I Part A (basic program) allocation minus the 2001-02 school year federal Title I Part A (basic program) allocation, after the 2001-02 Title I Part A allocation has been inflated by three percent.

      (2) The general fund--federal appropriation in this section is provided for Title I Part A allocations of the no child left behind act of 2001.

      (3) A school district may carry over from one year to the next up to 10 percent of the general fund--state funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.

      Sec. 1415. 2004 c 276 s 516 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STUDENT ACHIEVEMENT PROGRAMStudent Achievement Fund--State

      Appropriation (FY 2004). . . . . . . . . . . . . . . . . . .$214,107,000

Student Achievement Fund--State

      Appropriation (FY 2005). . . . . . . . . . . . . . . . (($195,535,000))

$195,512,000

                           TOTAL APPROPRIATION. . . .(($409,642,000))

$409,619,000

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

      (1) Funding for school district student achievement programs shall be allocated at a maximum rate of $219.32 per FTE student for the 2003-04 school year and $254.00 per FTE student for the 2004-05 school year. For the purposes of this section and in accordance with RCW 84.52.068, FTE student refers to the annual average full-time equivalent enrollment of the school district in grades kindergarten through twelve for the prior school year.

      (2) The appropriation is allocated for the following uses as specified in RCW 28A.505.210:

      (a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;

      (b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;

      (c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;

      (d) To provide additional professional development for educators including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;

      (e) To provide early assistance for children who need prekindergarten support in order to be successful in school; or

      (f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection (2).

      (3) For the 2003-04 school year, the office of the superintendent of public instruction shall distribute ten percent of the school year allocation to districts each month for the months of September through June. For the 2004-05 school year, the superintendent of public instruction shall distribute the school year allocation according to the monthly apportionment schedule defined in RCW 28A.510.250.

      NEW SECTION. Sec. 1416. A new section is added to 2003 1st sp.s. c 25 (uncodified) to read as follows:

      FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1) Appropriations made in this act to the office of superintendent of public instruction 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 subsection (2) of this section.

      (2) The appropriations to the office of superintendent of public instruction in this act shall be expended for the programs and amounts specified in this act. However, after May 1, 2005, unless specifically prohibited by this act and after approval by the director of financial management, the superintendent of public instruction may transfer state general fund appropriations for fiscal year 2005 among the following programs to meet the apportionment schedule for a specified formula in another of these programs: General apportionment; employee compensation adjustments; pupil transportation; special education programs; institutional education programs; transitional bilingual programs; and learning assistance programs.

      (3) The director of financial management shall notify the appropriate legislative fiscal committees in writing prior to approving any allotment modifications or transfers under this section.

 

(End of part)

 

PART XV

HIGHER EDUCATION

 

      Sec. 1501. 2004 c 276 s 603 (uncodified) is amended to read as follows:

FOR THE UNIVERSITY OF WASHINGTONGeneral Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . .$311,628,000

General Fund--State Appropriation (FY 2005). . . . . $325,668,000

General Fund--Private/Local Appropriation. . . . . . . . . . . $300,000

((Death Investigations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $261,000))

Accident Account--State Appropriation. . . . . . . . . . . . .$5,937,000

Medical Aid Account--State Appropriation. . . . . . . . . . $5,960,000

                           TOTAL APPROPRIATION. . . .(($649,754,000))

$649,493,000

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

      (1) $1,875,000 of the general fund--state appropriation for fiscal year 2004 and $1,875,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to create a state resource for technology education in the form of an institute located at the University of Washington, Tacoma. The university will continue to provide undergraduate and graduate degree programs meeting regional technology needs including, but not limited to, computing and software systems. As a condition of these appropriations:

      (a) The university will work with the state board for community and technical colleges, or individual colleges where necessary, to establish articulation agreements in addition to the existing associate of arts and associate of science transfer degrees. Such agreements shall improve the transferability of students and in particular, students with substantial applied information technology credits.

      (b) The university will establish performance measures for recruiting, retaining and graduating students, including nontraditional students, and report back to the governor and legislature by September 2004 as to its progress and future steps.

      (2) $150,000 of the general fund--state appropriation for fiscal year 2004 and $150,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for research faculty clusters in the advanced technology initiative program.

      (3) ((The entire death investigations account appropriation is provided for the forensic pathologist fellowship program.

      (4))) $150,000 of the general fund--state appropriation for fiscal year 2004 and $150,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the implementation of the Puget Sound work plan and agency action item UW-01.

      (((5))) (4) $75,000 of the general fund--state appropriation for fiscal year 2004 and $75,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the Olympic natural resources center.

      (((6))) (5) $1,526,000 of the general fund--state appropriation for fiscal year 2004 and $3,096,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.

      (((7))) (6) $1,250,000 of the general fund--state appropriation for fiscal year 2004 and $1,250,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for state match to attract or retain federal research grants in high demand and technologically advanced fields.

      (((8))) (7) $300,000 of the general fund--private/local appropriation is provided solely for shellfish biotoxin monitoring as specified in Chapter 263, Laws of 2003 (SSB 6073, shellfish license fee).

      (((9))) (8) $2,275,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for a proteomics center and an autism center. Of the amount provided in this subsection, $1,600,000 is provided solely for the University of Washington school of medicine for recruitment of biosciences research faculty to establish a proteomics center and $675,000 is provided solely as one-time funding to establish an autism center at the University of Washington Tacoma campus. The amount provided for the proteomics center is contingent on receipt of $6,000,000 in one-time, nonstate matching funds. If the nonstate matching funds are not received by June 30, 2005, $1,600,000 of the amount provided in this subsection shall lapse.

      (((10))) (9) $1,897,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the training and support of primary care physicians and primary care providers through the network of family practice residency programs. All of the funding provided in this section shall be distributed directly to the family practice residency programs to assist with cost increases experienced by the programs, including the cost of medical malpractice premiums.

      (((11))) (10) The University of Washington shall present a preliminary report to the fiscal committees of the legislature detailing the use of state research funds by November 1, 2004, and shall present a final report by November 1, 2005. For each research project supported by the state general fund in the 2003-05 biennium, including projects funded in the university's base budget, the report shall include: (a) A brief description of the research project; (b) the amount of state and institutional funds contributed to the project; (c) the level of federal or other sources of match received for the state's investment; and (d) any other information deemed pertinent by the institution.

      Sec. 1502. 2003 1st sp.s. c 25 s 617 (uncodified) is amended to read as follows:

FOR THE STATE SCHOOL FOR THE BLINDGeneral Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . $4,614,000

General Fund--State Appropriation (FY 2005). . . . .(($4,641,000))

$4,656,000

General Fund--Private/Local Appropriation. . . . . . . . . .$1,335,000

                           TOTAL APPROPRIATION. . . . (($10,590,000))

$10,605,000

 

(End of part)

 

PART XVI

SPECIAL APPROPRIATIONS

 

      Sec. 1601. 2004 c 276 s 701 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT LIMIT

General Fund--State Appropriation (FY 2004). . . . . $655,886,000

General Fund--State Appropriation (FY 2005). . .(($528,766,000))

$527,566,000

Debt-Limit General Fund Bond Retirement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $17,300,000

State Building Construction Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($8,922,000))

$7,922,000

Debt-Limit Reimbursable Bond Retirement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $2,587,000

State Taxable Building Construction Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$465,000

Gardner-Evans Higher Education Construction Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $2,087,000

                           TOTAL APPROPRIATION. . (($1,216,013,000))

$1,213,813,000

      The appropriations in this section are subject to the following conditions and limitations: The general fund appropriations are for deposit into the debt-limit general fund bond retirement account. The appropriation for fiscal year 2004 shall be deposited in the debt-limit general fund bond retirement account by June 30, 2004.

      Sec. 1602. 2004 c 276 s 702 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE

General Fund--State Appropriation (FY 2004). . . . . . $26,394,000

General Fund--State Appropriation (FY 2005). . . .(($24,805,000))

$24,605,000

Capitol Historic District Construction

      Account--State Appropriation. . . . . . . . . . . . . . . . . . .$323,000

Higher Education Construction Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$238,000

State Vehicle Parking Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$102,000

Nondebt-Limit Reimbursable Bond Retirement Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . .(($128,375,000))

$126,775,000

                           TOTAL APPROPRIATION. . . .(($180,237,000))

$178,437,000

      The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the nondebt-limit general fund bond retirement account.

      Sec. 1603. 2004 c 276 s 703 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES

General Fund--State Appropriation (FY 2004). . . . . . . . .$526,000

General Fund--State Appropriation (FY 2005). . . . . . . . .$526,000

Higher Education Construction Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,000

State Building Construction Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,083,000))

$1,083,000

State Vehicle Parking Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17,000

Capitol Historic District Construction

      Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$45,000

State Taxable Building Construction Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $60,000

Gardner-Evans Higher Education Construction Account--

      State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$180,000

                           TOTAL APPROPRIATION. . . . . .(($3,472,000))

$2,472,000

      Sec. 1604. 2004 c 276 s 709 (uncodified) is amended to read as follows:

      FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of the office of financial management, except as otherwise provided, as follows:

      (1) Reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110:

      (a) Kelly C. Schwartz, claim number SCJ 03-10. . . . . .$18,250

      (b) Clinton Johnston, claim number SCJ 04-02. . . . . . . $8,225

      (c) Johnny Riley, claim number SCJ 04-05. . . . . . . . . . .$1,500

      (d) Gregory Nichols, claim number SCJ 04-06. . . . . . . .$3,995

      (e) William Poll, claim number SCJ 04-07. . . . . . . . . .$31,106

      (f) John Obert, claim number SCJ 04-09. . . . . . . . . . . .$15,957

      (g) David McCown, claim number SCJ 04-10. . . . . . . . $2,900

      (h) Frank Leyendekker, claim number SCJ 05-01. . . . . .$2,325

      (i) Todd Richardson, claim number SCJ 05-02. . . . . . .$32,934

      (j) Jason Fakih, claim number SCJ 05-03. . . . . . . . . . $100,774

      (k) Mickey J. Martin, claim number SCJ 05-04. . . . . . . $3,187

      (l) Marty Lynch, claim number SCJ 05-05. . . . . . . . . . . $3,000

      (m) Jeffery Shauers, claim number SCJ 05-06. . . . . . . $12,734

      (2) Payment from the state wildlife account for damage to crops by wildlife, pursuant to RCW 77.36.050:

      (a) Circle S Landscape Supplies, claim number

SCG 03-05. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49,380

      (b) Marilyn Lund Farms, claim number SCG 03-08. . .$17,175

      (c) Paul Gibbons, claim number SCG 03-09. . . . . . . . .$12,414


      (d) Bud Hamilton, claim number SCG 03-10. . . . . . . . $15,591

      (e) Richard Anderson, claim number SCG 03-11. . . . .$75,933

      (f) Neil Ice, claim number SCG 03-12. . . . . . . . . . . . . $73,474

      (g) Carl Anderson, claim number SCG 03-13. . . . . . .$120,943

      (h) Lafe Wilson, claim number SCG 04-02. . . . . . . . . . . . $626

      (i) Richard Anderson, claim number SCG 04-04. . . . . $28,998

      (j) Circle S Landscape, claim number SCG 04-05. . . . $20,000

      (k) Ralland Wallace, claim number SCG 05-02. . . . . . $20,592

      (l) A & A Ranches, Inc., claim number SCG 05-04. . . $42,809

      (m) Roger Gibbons, claim number SCG 05-05. . . . . . .$12,326

      (n) Paul Gibbons, claim number SCG 05-06. . . . . . . . $11,242

      NEW SECTION. Sec. 1605. A new section is added to 2003 1st sp.s. c 25 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT SYSTEMS

General Fund--State Appropriation (FY 2005). . . . . . . . -$381,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . -$63,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . -$7,000

Special Account Retirement Contribution Increase

      Revolving Account Appropriation. . . . . . . . . . . . . . .-$267,000

                           TOTAL APPROPRIATION. . . . . . . . .-$718,000

 

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

      (1) The appropriations in this section are provided solely to reduce agency and institution appropriations to reflect the 0.03 percent decrease in employer contributions for the department of retirement systems administrative expense rate that was effective September 1, 2004.

      (2) The appropriations from dedicated funds and accounts shall be made in the amounts specified and from the dedicated funds and accounts specified in LEAP document 2005-39, a computerized tabulation developed by the legislative evaluation and accountability program committee on March 18, 2005, which is hereby incorporated by reference. The office of financial management shall allocate the moneys appropriated in this section in the amounts specified and to the state agencies specified in LEAP document 2005-39, and adjust appropriation schedules accordingly.

      NEW SECTION. Sec. 1606. A new section is added to 2003 1st sp.s. c 25 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--PUBLIC SAFETY AND EDUCATION ACCOUNT

General Fund--State Appropriation (FY 2005). . . . . . $11,000,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for deposit in the public safety and education account.

      NEW SECTION. Sec. 1607. A new section is added to 2003 1st sp.s. c 25 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--VIOLENCE REDUCTION AND DRUG ENFORCEMENT ACCOUNT

General Fund--State Appropriation (FY 2005). . . . . $250,000,000

      The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for deposit in the violence reduction and drug enforcement account.

      Sec. 1608. 2003 1st sp.s. c 25 s 706 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT-- EMERGENCY FUND

General Fund--State Appropriation (FY 2004). . . . . . . . .$850,000

General Fund--State Appropriation (FY 2005). . . . . . (($850,000))

$1,000,000

                           TOTAL APPROPRIATION. . . . . .(($1,700,000))

$1,850,000

      The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are for the governor's emergency fund for the critically necessary work of any agency or local government agency.

 

(End of part)

 

PART XVII

OTHER TRANSFERS AND APPROPRIATIONS

 

      Sec. 1701. 2004 c 276 s 802 (uncodified) is amended to read as follows:

      FOR THE STATE TREASURER--TRANSFERS. For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs.

State Convention and Trade Center Account:

      For transfer to the state general fund. . . . . . . . . . . $10,000,000

County Sale/Use Tax Equalization Account:

      For transfer to the state general fund for

      fiscal year 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $74,000

Financial Services Regulation Fund: For transfer

      to the state general fund at the beginning

      of fiscal year 2005. . . . . . . . . . . . . . . . . . . . . . . . . . $7,285,000

Municipal Sale/Use Tax Equalization Account:

      For transfer to the state general fund for

      fiscal year 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $374,000

Asbestos Account: For transfer to the state

      general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200,000

Electrical License Account: For transfer

      to the state general fund. . . . . . . . . . . . . . . . . . . . . . $7,000,000

Local Toxics Control Account: For transfer

      to the state toxics control account. . . . . . . . . . . . . . $4,059,000

Pressure Systems Safety Account: For transfer

      to the state general fund. . . . . . . . . . . . . . . . . . . . . . $1,000,000

Health Services Account: For transfer

      to the water quality account. . . . . . . . . . . . . . . . . . . $8,182,000

State Treasurer's Service Account: For

      transfer to the general fund. . . . . . . . . . . . . . . . . . .$14,000,000

Public Works Assistance Account: For

      transfer to the drinking water

      assistance account. . . . . . . . . . . . . . . . . . . . . . . . . . .$8,387,000

Tobacco Settlement Account: For transfer

      to the health services account, in an

      amount not to exceed the actual balance

      of the tobacco settlement account. . . . . . . . . . . . $181,000,000

Health Service Account: For transfer

      to the violence reduction and drug

      enforcement account. . . . . . . . . . . . . . . . . . . . . . . . .$7,789,000

Nisqually Earthquake Account: For transfer to

      the disaster response account. . . . . . . . . . . . . . . . . . $6,200,000

Industrial Insurance Premium Refund Account:

      For transfer to the state general fund. . . . . . . . . . . . . .$577,000

Public Service Revolving Account: For transfer

      to the state general fund. . . . . . . . . . . . . . . . . . . . . . $1,600,000

State Forest Nursery Revolving Account: For transfer

      to the state general fund, $250,000 for fiscal

      year 2004 and $250,000 for fiscal year 2005. . . . . . . $500,000

Flood Control Assistance Account: For transfer

      to the state general fund, $1,350,000 for

      fiscal year 2004 and $1,350,000 for fiscal

      year 2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,700,000

Water Quality Account: For transfer to the water

      pollution control account. . . . . . . . . . . . . . . . . (($14,034,513))

$14,000,000

General Fund: For transfer to the water quality


      account, $3,870,000 for fiscal year 2004 and

      $4,557,000 for fiscal year 2005. . . . . . . . . . . . . . . . $8,427,000

Insurance Commissioner's Regulatory Account:

      For transfer to the state general fund. . . . . . . . . . . . $2,500,000

Health Services Account: For transfer to the

      tobacco prevention and control account. . . . . . . . .$23,796,000

From the Emergency Reserve Fund: For transfer

      to the state general fund, not to exceed

      the actual balance of the emergency reserve fund.

      This transfer is intended to liquidate the

      emergency reserve fund. . . . . . . . . . . . . . . . . . . . . $58,100,000

Department of Retirement Systems Expense Account:

      For transfer to the state general fund. . . . . . . . . . . . $5,500,000

Woodstove Education and Enforcement Account:

      For transfer to the air pollution control account. . . . .$600,000

Multimodal Transportation Account: For transfer

      to the air pollution control account for

      fiscal year 2004. The amount transferred

      shall be deposited into the segregated

      subaccount of the air pollution control

      account created in Engrossed Substitute

      Senate Bill No. 6072, chapter 264, Laws of

      2003. The state treasurer shall perform the

      transfer from the multimodal transportation

      account to the air pollution control subaccount

      on a quarterly basis. . . . . . . . . . . . . . . . . . . . . . . . . .$4,170,726

Multimodal Transportation Account: For transfer

      to the vessel response account for fiscal

      year 2004. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,213,704

Resource Management Cost Account: For transfer

      to the contract harvesting revolving account. . . . . . . .$250,000

Forest Development Account: For transfer to the

      contract harvesting revolving account. . . . . . . . . . . . .$250,000

Site Closure Account: For transfer to the

      state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . $13,800,000

Health Services Account: For transfer to the

      general fund--state for fiscal year 2005. . . . . . (($46,250,000))

$296,250,000

K-20 Technology Account: For transfer to the state

      general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,281

Gambling Revolving Fund, Nontribal Sources: For

      transfer to the state general fund. . . . . . . . . . . . . . . .$2,500,000

State Building Construction Account: For transfer

      to the conservation assistance revolving account. . . . $500,000

Wildlife Account: For transfer to the special

      wildlife account, $250,000 in fiscal year 2004

      and $250,000 in fiscal year 2005. . . . . . . . . . . . . . . . $500,000

Education Technology Revolving Account: For transfer

      to the data processing revolving account. . . . . . . . . . $296,000

Digital Government Revolving Account: For transfer

      to the data processing revolving account. . . . . . . . . . $154,000

Election Account: For transfer

      to the state general fund. . . . . . . . . . . . . . . . . . . . . . . .$780,000

Drinking Water Assistance Account: For transfer

      to the drinking water assistance repayment

      account, not to exceed the actual loan

      repayments to this account. . . . . . . . . . . . . . . . . . .$20,000,000

Violence Reduction and Drug Enforcement Account:

      For transfer to the health services account

      in fiscal year 2005. . . . . . . . . . . . . . . . . . . . . . . . $250,000,000

 

(End of part)

 

PART XVIII

MISCELLANEOUS

 

      Sec. 1801. RCW 43.185.050 and 2002 c 294 s 6 are each amended to read as follows:

      (1) The department shall use moneys from the housing trust fund and other legislative appropriations to finance in whole or in part any loans or grant projects that will provide housing for persons and families with special housing needs and with incomes at or below fifty percent of the median family income for the county or standard metropolitan statistical area where the project is located. At least thirty percent of these moneys used in any given funding cycle shall be for the benefit of projects located in rural areas of the state as defined by the department. If the department determines that it has not received an adequate number of suitable applications for rural projects during any given funding cycle, the department may allocate unused moneys for projects in nonrural areas of the state.

      (2) Activities eligible for assistance from the housing trust fund and other legislative appropriations include, but are not limited to:

      (a) New construction, rehabilitation, or acquisition of low and very low-income housing units;

      (b) Rent subsidies;

      (c) Matching funds for social services directly related to providing housing for special-need tenants in assisted projects;

      (d) Technical assistance, design and finance services and consultation, and administrative costs for eligible nonprofit community or neighborhood-based organizations;

      (e) Administrative costs for housing assistance groups or organizations when such grant or loan will substantially increase the recipient's access to housing funds other than those available under this chapter;

      (f) Shelters and related services for the homeless, including emergency shelters and overnight youth shelters;

      (g) Mortgage subsidies, including temporary rental and mortgage payment subsidies to prevent homelessness;

      (h) Mortgage insurance guarantee or payments for eligible projects;

      (i) Down payment or closing cost assistance for eligible first-time home buyers;

      (j) Acquisition of housing units for the purpose of preservation as low-income or very low-income housing; and

      (k) Projects making housing more accessible to families with members who have disabilities.

      (3) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized under subsection (2)(a), (i), and (j) of this section, and not for the administrative costs of the department.

      (4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the housing assistance program except for activities authorized under subsection (2)(b) and (c) of this section.

      (5) Administrative costs of the department shall not exceed four percent of the annual funds available for the housing assistance program, except in fiscal year 2005 when administrative costs shall not exceed five percent.

      Sec. 1802. RCW 43.185.070 and 1994 sp.s. c 3 s 9 are each amended to read as follows:

      (1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department. Administrative costs paid out of the housing trust fund may not exceed four percent of annual revenues available for distribution to housing trust fund projects, except in fiscal year 2005 when administrative costs shall not exceed five percent. In awarding funds under this chapter, the department shall provide for a geographic distribution on a statewide basis.

      (2) The department shall give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities shall be evaluated under subsection (3) of this section. Second priority shall be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities shall be evaluated by some or all of the criteria under subsection (3) of this section, and similar projects and activities shall be evaluated under the same criteria.

      (3) The department shall give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities shall be evaluated under the same criteria:

      (a) The degree of leveraging of other funds that will occur;

      (b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;

      (c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;

      (d) Local government project contributions in the form of infrastructure improvements, and others;

      (e) Projects that encourage ownership, management, and other project-related responsibility opportunities;

      (f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;

      (g) The applicant has the demonstrated ability, stability and resources to implement the project;

      (h) Projects which demonstrate serving the greatest need;

      (i) Projects that provide housing for persons and families with the lowest incomes;

      (j) Projects serving special needs populations which are under statutory mandate to develop community housing;

      (k) Project location and access to employment centers in the region or area;

      (l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and

      (m) Project location and access to available public transportation services.

      (4) The department shall only approve applications for projects for mentally ill persons that are consistent with a regional support network six-year capital and operating plan.

      Sec. 1803. RCW 43.185A.030 and 1994 c 160 s 3 are each amended to read as follows:

      (1) Using moneys specifically appropriated for such purpose, the department shall finance in whole or in part projects that will provide housing for low-income households.

      (2) Activities eligible for assistance include, but are not limited to:

      (a) New construction, rehabilitation, or acquisition of housing for low-income households;

      (b) Rent subsidies in new construction or rehabilitated multifamily units;

      (c) Down payment or closing costs assistance for first-time home buyers;

      (d) Mortgage subsidies for new construction or rehabilitation of eligible multifamily units; and

      (e) Mortgage insurance guarantee or payments for eligible projects.

      (3) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized under subsection (2) (a), (c), (d), and (e) of this section, and not for the administrative costs of the department.

      (4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the affordable housing program except for activities authorized under subsection (2)(b) of this section.

      (5) Administrative costs of the department shall not exceed four percent of the annual funds available for the affordable housing program, except in fiscal year 2005 when administrative costs shall not exceed five percent.

      NEW SECTION. Sec. 1804. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

      NEW SECTION. Sec. 1805. Except for sections 923 and 931 of this act, 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.

      NEW SECTION. Sec. 1806. Section 923 (RCW 41.50.110) of this act takes effect July 1, 2006.

      NEW SECTION. Sec. 1807. Section 922 (RCW 41.50.110) of this act expires July 1, 2006.

      NEW SECTION. Sec. 1808. Section 931 (RCW 43.135.045) 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 June 30, 2005.

 

(End of part)

 

INDEX                                                                                 PAGE #

 

ADMINISTRATOR FOR THE COURTS . . . . . . . . . . . . . . 7, 246

AGENCY EXPENDITURES FOR MOTOR VEHICLES . . . . 192

ATTORNEY GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . .16, 251

BELATED CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174

BOARD FOR VOLUNTEER FIREFIGHTERS . . . . . . . . . . . . .33

BOARD OF ACCOUNTANCY . . . . . . . . . . . . . . . . . . . . . . . . . 30

BOARD OF INDUSTRIAL INSURANCE APPEALS . . . . . . . .72

BOARD OF TAX APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

BOND EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

BUSINESS CONTINUITY AND DISASTER RECOVERY . .189

CASELOAD FORECAST COUNCIL . . . . . . . . . . . . . . . . . . . . 17

CENTRAL WASHINGTON UNIVERSITY . . . . . . . . . . . . . .158

CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

CLASSIFICATION REVISIONS . . . . . . . . . . . . . . . . . . . . . . .236

COLLECTIVE BARGAINING AGREEMENT

    SEIU 1199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .239

    TEAMSTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

    UFCW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

    UNIVERSITY OF WASHINGTON INLAND BOATMEN'S UNION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243

    UNIVERSITY OF WASHINGTON POLICE OFFICERS ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243

    UNIVERSITY OF WASHINGTON SEIU LOCAL 1199 NW NURSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242

    UNIVERSITY OF WASHINGTON SEIU LOCAL 1199 NW PROF AND TECH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .242


   UNIVERSITY OF WASHINGTON SEIU LOCAL 1199 NW SOCIAL WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242

   UNIVERSITY OF WASHINGTON WASHINGTON STATE NURSES ASSOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243

   UNIVERSITY OF WASHINGTON WFSE UW POLICE MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243

   UNIVERSITY OF WASHINGTON, SEIU 925 . . . . . . . . . . 241

   UNIVERSITY OF WASHINGTON, WFSE . . . . . . . . . . . . . 241

   UNIVERSITY OF WASHINGTON, WFSE, SKILLED TRADES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242

   WASHINGTON STATE UNIVERSITY, WFSE BU 1 AND 11 241

   WASHINGTON STATE UNIVERSITY, WSU POLICE GUILD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240

   WESTERN WASHINGTON UNIVERSITY, WFSE BU A 239

   WESTERN WASHINGTON UNIVERSITY, WFSE BU B 240

   WESTERN WASHINGTON UNIVERSITY, WFSE BU E 240

   WFSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237

   WFSE HIGHER EDUCATION . . . . . . . . . . . . . . . . . . . . . . .239

   WFSE UNIT 1 CENTRAL WASHINGTON UNIVERSITY 245

   WFSE UNIT 1 EASTERN WASHINGTON UNIVERSITY 244

   WFSE UNIT 2 CENTRAL WASHINGTON UNIVERSITY 244

   WFSE UNIT 2 EASTERN WASHINGTON UNIVERSITY 244

   WPEA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .237

   WPEA HIGHER EDUCATION . . . . . . . . . . . . . . . . . . . . . . .239

   WPEA/PROF LOCAL 365 UNIT C--WESTERN WA UNIVERSITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240

COLLECTIVE BARGAINING AGREEMENTS . . . . . . . . . . .237

COLLECTIVE BARGAINING

   COALITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .238

   IFPTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

COLUMBIA RIVER GORGE COMMISSION . . . . . . . . . . . . .88

COMMISSION ON AFRICAN-AMERICAN AFFAIRS . . . . . .27

COMMISSION ON ASIAN-PACIFIC-AMERICAN AFFAIRS 14

COMMISSION ON HISPANIC AFFAIRS . . . . . . . . . . . . . . . . 26

COMMISSION ON JUDICIAL CONDUCT . . . . . . . . . . . . . . . . 7

COMPENSATION--INSURANCE BENEFITS . . . . . . . . . . . .234

CONSERVATION COMMISSION . . . . . . . . . . . . . . . . . . . . . .94

COURT OF APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 246

CRIMINAL JUSTICE TRAINING COMMISSION . . . . . . . . . .73

CRITICAL HIGH DEMAND EMPLOYEES . . . . . . . . . . . . . .176

DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . .102

DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . . 340

DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . 17, 253

   COUNTY PUBLIC HEALTH ASSISTANCE . . . . . . . . . . . .172

DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . . 82, 317

DEPARTMENT OF ECOLOGY . . . . . . . . . . . . . . . . . . . . . . . . 88

DEPARTMENT OF ECOLOGY . . . . . . . . . . . . . . . . . . . . . . . .324

DEPARTMENT OF FISH AND WILDLIFE . . . . . . . . . . . . . . .94

DEPARTMENT OF FISH AND WILDLIFE . . . . . . . . . . . . . . 331

DEPARTMENT OF GENERAL ADMINISTRATION . . . 29, 268

DEPARTMENT OF HEALTH . . . . . . . . . . . . . . . . . . . . . . 77, 313

DEPARTMENT OF INFORMATION SERVICES . . . . . . 30, 268

DEPARTMENT OF LABOR AND INDUSTRIES . . . . . . 73, 311

DEPARTMENT OF LICENSING . . . . . . . . . . . . . . . . . . . . . . 104

DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . . 98

DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . .336

DEPARTMENT OF PERSONNEL . . . . . . . . . . . . . . . . . . 26, 266

DEPARTMENT OF RETIREMENT SYSTEMS

   CONTRIBUTIONS TO RETIREMENT SYSTEMS . . . . . . 174

   OPERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

DEPARTMENT OF REVENUE . . . . . . . . . . . . . . . . . . . . .28, 267

DEPARTMENT OF SERVICES FOR THE BLIND . . . . . . . . . 85

DEPARTMENT OF SOCIAL AND HEALTH SERVICES 37, 276

    ADMINISTRATION AND SUPPORTING SERVICES PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68, 306

    AGING AND ADULT SERVICES PROGRAM . . . . . . 56, 293

    ALCOHOL AND SUBSTANCE ABUSE PROGRAM .61, 300

    CHILDREN AND FAMILY SERVICES PROGRAM 38, 278

    DEVELOPMENTAL DISABILITIES PROGRAM . . . .50, 288

    ECONOMIC SERVICES PROGRAM . . . . . . . . . . . . . .59, 297

    JUVENILE REHABILITATION PROGRAM . . . . . . . .41, 280

    MEDICAL ASSISTANCE PROGRAM . . . . . . . . . . . . .63, 301

    MENTAL HEALTH PROGRAM . . . . . . . . . . . . . . . . . .44, 283

    PAYMENTS TO OTHER AGENCIES PROGRAM . . .69, 308

    VOCATIONAL REHABILITATION PROGRAM . . . . . . . . 68

DEPARTMENT OF VETERANS AFFAIRS . . . . . . . . . . .75, 313

DOUBLE-FILLED PERSONNEL POSITIONS . . . . . . . . . . . .176

EASTERN WASHINGTON STATE HISTORICAL SOCIETY 168

EASTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . . .157

ECONOMIC AND REVENUE FORECAST COUNCIL . . . . . .23

EMERGENCY FUND ALLOCATIONS . . . . . . . . . . . . . . . . . 190

EMPLOYMENT SECURITY DEPARTMENT . . . . . . . . .86, 322

ENVIRONMENTAL HEARINGS OFFICE . . . . . . . . . . . . . . . 94

ENVIRONMENTAL HEARINGS OFFICE . . . . . . . . . . . . . . .331

EXPENDITURE AUTHORIZATIONS . . . . . . . . . . . . . . . . . . 187

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION 144

FORENSIC INVESTIGATION COUNCIL . . . . . . . . . . . . . . . . 30

GOVERNOR

    LIFE SCIENCES DISCOVERY FUND AUTHORITY . . .176

GOVERNOR'S OFFICE OF INDIAN AFFAIRS . . . . . . . .14, 266

GROWTH PLANNING HEARINGS BOARD . . . . . . . . . .35, 274

HIGHER EDUCATION COORDINATING BOARD

    FINANCIAL AID AND GRANT PROGRAMS . . . . . . . . .163

    POLICY COORDINATION AND ADMINISTRATION . .163

HOME CARE QUALITY AUTHORITY . . . . . . . . . . . . . . . . . . 77

HORSE RACING COMMISSION . . . . . . . . . . . . . . . . . . . . . . . 31

HOUSE OF REPRESENTATIVES . . . . . . . . . . . . . . . . . . . . . . . .2

HUMAN RIGHTS COMMISSION . . . . . . . . . . . . . . . . . . . . . . .72

INCENTIVE SAVINGS

    FY 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

    FY 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

INDETERMINATE SENTENCE REVIEW BOARD . . . . . . . . 75

INFORMATION SYSTEMS PROJECTS . . . . . . . . . . . . . . . . 187

INSURANCE COMMISSIONER . . . . . . . . . . . . . . . . . . . . . . . .30

INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92

JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE 3

JOINT LEGISLATIVE SYSTEMS COMMITTEE . . . . . . . . . . . 6

K-12 CARRYFORWARD AND PRIOR SCHOOL YEAR ADJUSTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

LAW LIBRARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 246

LEGISLATIVE AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

LIEUTENANT GOVERNOR . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

LIQUOR CONTROL BOARD . . . . . . . . . . . . . . . . . . . . . . 31, 270

MILITARY DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . 33, 271

MUNICIPAL RESEARCH COUNCIL . . . . . . . . . . . . . . . . . . . .29

NONREPRESENTED EMPLOYEE COMPENSATION . . . . 235

NONREPRESENTED EMPLOYEE SALARY SURVEY . . . 179

OFFICE OF ADMINISTRATIVE HEARINGS . . . . . . . . . . . . .25

OFFICE OF CIVIL LEGAL AID . . . . . . . . . . . . . . . . . . . . . . . . . 9

OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . .23, 262

    BASE REALIGNMENT AND CLOSURE ASSISTANCE 175

    CAPITOL BUILDING CONSTRUCTION ACCOUNT . . . 172

    CONTRIBUTIONS TO RETIREMENT SYSTEMS . .179, 394

    EDUCATION TECHNOLOGY REVOLVING ACCOUNT 175

    EMERGENCY FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171

    EMERGENCY FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

    EXTRAORDINARY CRIMINAL JUSTICE COSTS . . . . . 178


   FIRE CONTINGENCY POOL . . . . . . . . . . . . . . . . . . . . . . .171

   INDIVIDUAL DEVELOPMENT ACCOUNT . . . . . . . . . . . 174

   PENSION CONTRIBUTION ADJUSTMENTS FOR THE PSE RETIREMENT SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

   PUBLIC SAFETY AND EDUCATION ACCOUNT . . . . . . 394

   SEX OFFENDER SENTENCING IMPACT . . . . . . . . . . . . .172

   SMALL AGENCY INFORMATION TECHNOLOGY POOL

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .172

   STATE EMERGENCY WATER PROJECTS REVOLVING ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

   VIOLENCE REDUCTION AND DRUG ENFORCEMENT ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395

OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 268

OFFICE OF PUBLIC DEFENSE . . . . . . . . . . . . . . . . . . . . . . . . . 9

OFFICE OF THE GOVERNOR . . . . . . . . . . . . . . . . . . . . . 10, 249

   JOINT TASK FORCE ON MENTAL HEALTH . . . . . . . . . 177

OFFICE OF THE STATE ACTUARY . . . . . . . . . . . . . . . . . . . . .6

PERSONNEL APPEALS BOARD . . . . . . . . . . . . . . . . . . . . . . .27

PROGRAM COST SHIFTS . . . . . . . . . . . . . . . . . . . . . . . . . . . .190

PUBLIC DISCLOSURE COMMISSION . . . . . . . . . . . . . . . . . .12

PUBLIC EMPLOYMENT RELATIONS COMMISSION .35, 274

SECRETARY OF STATE . . . . . . . . . . . . . . . . . . . . . . . . . .12, 249

SENATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

SENTENCING GUIDELINES COMMISSION . . . . . . . . . . . . .85

SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE . . . . . . . . . . . . . . . . . . . . . . . . . .167

STATE AUDITOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148

STATE CONVENTION AND TRADE CENTER . . . . . . . . . . . 36

STATE EMPLOYEE INSURANCE BENEFIT RESERVE . . .179

STATE HEALTH CARE AUTHORITY . . . . . . . . . . . . . . .69, 308

STATE INVESTMENT BOARD . . . . . . . . . . . . . . . . . . . . . . . . 28

STATE PARKS AND RECREATION COMMISSION . . . . . . 91

STATE PARKS AND RECREATION COMMISSION . . . . . .330

STATE PATROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

STATE PATROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .343

STATE SCHOOL FOR THE BLIND . . . . . . . . . . . . . . . . 168, 390

STATE SCHOOL FOR THE DEAF . . . . . . . . . . . . . . . . . . . . .168

STATE TREASURER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

   BOND RETIREMENT AND INTEREST . . .170, 171, 391, 392

   COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182

   FEDERAL REVENUES FOR DISTRIBUTION . . . . . . . . . 183

   MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

   STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 181

   TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .183, 185

   TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396

STATUTE LAW COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . 6

STATUTORY APPROPRIATIONS . . . . . . . . . . . . . . . . . . . . .191

STRATEGIC PURCHASING STRATEGY . . . . . . . . . . . . . . . 177

SUNDRY CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .393

SUPERINTENDENT OF PUBLIC INSTRUCTION 107, 345, 386

   BASIC EDUCATION EMPLOYEE COMPENSATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120, 358

   EDUCATION REFORM PROGRAMS . . . . . . . . . . . . .134, 374

   EDUCATIONAL SERVICE DISTRICTS . . . . . . . . . . .132, 371

   ELEMENTARY/SECONDARY SCHOOL IMPROVEMENT AND NO CHILD LEFT BEHIND ACTS . . . . . . . . . . . . . . . . .134

   GENERAL APPORTIONMENT . . . . . . . . . . . . . . . . . .113, 351

   INSTITUTIONAL EDUCATION PROGRAMS . . . . . .132, 372

   LEARNING ASSISTANCE PROGRAM . . . . . . . . . . . 141, 383

   LOCAL EFFORT ASSISTANCE . . . . . . . . . . . . . . . . . 132, 372

   PROGRAMS FOR HIGHLY CAPABLE STUDENTS .133, 373

   PUPIL TRANSPORTATION . . . . . . . . . . . . . . . . . . . . .125, 365

    SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123, 362

    SCHOOL FOOD SERVICE PROGRAMS . . . . . . . . . 127, 366

    SPECIAL EDUCATION PROGRAMS . . . . . . . . . . . . 127, 367

    STUDENT ACHIEVEMENT PROGRAM . . . . . . . . . 143, 385

    TRANSITIONAL BILINGUAL PROGRAMS . . . . . . 140, 382

SUPREME COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

THE EVERGREEN STATE COLLEGE . . . . . . . . . . . . . . . . .159

UNIVERSITY OF WASHINGTON . . . . . . . . . . . . . . . . .152, 388

UTILITIES AND TRANSPORTATION COMMISSION . . . . . 33

VIDEO TELECOMMUNICATIONS . . . . . . . . . . . . . . . . . . . . 189

VOLUNTARY RETIREMENT INCENTIVES . . . . . . . . . . . . 192

VOLUNTARY SEPARATION INCENTIVES . . . . . . . . . . . . 191

WASHINGTON MANAGEMENT SERVICES MIDDLE MANAGEMENT REDUCTION . . . . . . . . . . . . . . . . . . . . . . . .178

WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103

WASHINGTON STATE ARTS COMMISSION . . . . . . . . . . . 167

WASHINGTON STATE HISTORICAL SOCIETY . . . . . . . . .167

WASHINGTON STATE LOTTERY . . . . . . . . . . . . . . . . . . . . . .26

WASHINGTON STATE UNIVERSITY . . . . . . . . . . . . . . . . 154

WESTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . . 161

WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . .166"

    On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 28A.160.195, 28A.305.210, 28A.500.030, 28A.600.110, 28A.600.150, 28B.76.660, 41.05.050, 41.05.065, 41.05.120, 41.50.110, 41.50.110, 43.07.130, 43.08.190, 43.08.250, 43.10.180, 43.30.305, 43.43.944, 43.72.900, 43.135.045, 50.20.190, 66.16.010, 67.40.040, 69.50.520, 70.83.040, 70.93.180, 70.146.030, 70.146.080, 70.148.020, 72.11.040, 74.46.431, 79.64.040, 79.90.245, 86.26.007, 43.185.050, 43.185.070, and 43.185A.030; amending 2004 c 276 ss 106, 107, 108, 110, 111, 115, 117, 118, 120, 121, 123, 124, 126, 129, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 217, 218, 219, 301, 302, 304, 306, 307, 308, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 513, 514, 515, 516, 603, 701, 702, 703, 709, 802 (uncodified); amending 2003 1st sp.s. c 25 ss 119, 152, 617, and 706 (uncodified); reenacting and amending RCW 28B.102.040, 43.320.110, and 50.16.010; adding new sections to 2003 1st sp.s. c 25 (uncodified); creating new sections; making appropriations; providing an effective date; providing expiration dates; and declaring an emergency."

And the bill do pass as recommended by the conference committee.

    Signed by Senators Prentice and Doumit; Representatives Sommers and Fromhold.

 

MOTION

 

    Senator Prentice moved the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6090 be adopted.

    Senators Prentice, Hargrove, Keiser and Doumit spoke in favor of the motion.

    Senators Zarelli and Finbeiner spoke against the motion.

 

MOTION

 

    Senator Delvin demanded that the previous question be put.

    The President declared that at least two additional senators joined the demand and the demand was sustained.

    The President declared the question before the Senate to be, “Shall the main question be now put?”

    The motion by Senator Delvin that the previous question be put carried by voice vote.


 

   The President declared the question before the Senate to be the motion by Senator Prentice that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6090 be adopted.

   The motion by Senator Prentice carried and the Report of the Conference Committee was adopted by voice vote.

 

   The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6090, as recommended by the Conference Committee.

   Senator Kohl-Welles and McAuliffe spoke in favor of passage of the bill.

 

POINT OF INQUIRY

 

   Senator McAuliffe: “Will the Senator from the Eleventh District yield to a question? Senator, concerns have been raised about the legislative intent regarding K-12 employees in section 728 of the conference budget agreement. Could you explain the legislative intent regarding these issues?”

 

   Senator Prentice: “Yes, I’d be happy to. Section 728 of the conference budget agreement sets aside $20,000,000 of the public employee and retirees insurance account as a contingency to fund higher employee health care contribution rates if health care inflation is higher than the amounts assumed in the budget. If additional funds are needed, the legislature intends to appropriate additional funds to cover the cost of inflation up to a maximum of eleven percent. While this section primarily deals with state employee health care inflation, it is also the legislative intent to appropriate sufficient funds in the supplemental budget for this same percentage increase in K-12 employer health care contribution rates. And I believe now its time to vote.

 

ROLL CALL

 

   The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6090, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

   Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

   Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22

   Excused: Senators Deccio and McCaslin - 2

   ENGROSSED SUBSTITUTE SENATE Substitute Senate BILL NO. 6090, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Prentice: “Well, because I talk to much and too long and use too many words, I was remiss in not thanking the incredible staff that we have. I can’t thank them enough. They worked with a rookie like me and they tolerated my questions and I wish they would come forward. I know they’re hanging around there. But I can’t go by without thanking the incredible staff that, I think, is hiding behind the pillars. Thank you.”

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

The House has passed the following bill{s}:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2311,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

PERSONAL PRIVILEGE

 

Senator Hewitt: “I want to speak behind the last speaker. Those of us on this side of the aisle also appreciate the Ways & Means staff. They’re absolutely incredible. Regardless of who they work for, they do a tremendous job. I’ve never seen anybody follow orders that are politically different from one session to the next, but they do it well and they are absolutely wonderful. So, from our side of the aisle, we want to say thank you as well.”

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2299, by House Committee on Capital Budget (originally sponsored by Representatives Dunshee and Jarrett)

 

      Issuing general obligation bonds. Revised for 1st Substitute: Issuing general obligation bonds. (REVISED FOR ENGROSSED: Concerning general obligation bonds.)

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 2299 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fraser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2299.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2299 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senators Pflug and Schoesler - 2

      Excused: Senators Deccio and McCaslin - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2299, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION


 

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

SIGNED BY THE PRESIDENT

 

The President signed:

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5454

 

MESSAGE FROM THE HOUSE

 

April 22, 2005

 

MR. PRESIDENT:

      The House had adopted the report of Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6094, and has passed the bill as recommended by the Conference Committee.

And the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

REPORT OF THE CONFERENCE REPORT

Engrossed Substitute Senate Bill No. 6094

April 22, 2005

 

MR. PRESIDENT:

MR. SPEAKER:

      We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 6094, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2007, out of the several funds specified in this act.

 

PART 1

GENERAL GOVERNMENT

 

      NEW SECTION. Sec. 101. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE

      Capital Budget Studies (04-1-950)

      The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely to refresh preservation information that resides in the state's comparable framework for higher education buildings (report 03-1) including any necessary revisions and/or adjustments that will enable more direct translation of information, updates for last renewal or replacement of major systems, and quality assurance field sampling. In executing this continued capital study, the joint legislative audit and review committee shall consult the office of financial management and the higher education coordinating board about its workplan to ensure timely delivery of assembled facilities information and related capital models in an easy to understand format. As a general condition upon appropriations provided to higher education agencies in this act, the state board for community and technical colleges and each state baccalaureate institution shall provide requested facilities information in a timely manner to enable the joint legislative audit and review committee to complete the above task and oversight so assigned.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$120,000

Appropriation:

Education Construction Account--State. . . . . . . . . . . . . . $200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $320,000

      NEW SECTION. Sec. 102. FOR THE OFFICE OF THE SECRETARY OF STATE

      TVW - Digital Equipment (06-4-003)

Appropriation:

      State Building Construction Account--State. . . . . . $3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 103. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Rural Washington Loan Fund (88-2-002)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$558,000

      Rural Washington Loan Account--State. . . . . . . . . .$3,522,235

                           Subtotal Reappropriation. . . . . . . . . . .$4,080,235

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,570,132

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,650,367

      NEW SECTION. Sec. 104. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Rural Washington Loan Fund (06-4-010)

Appropriation:

      Rural Washington Loan Account--State. . . . . . . . . .$4,126,905

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$32,096,207

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$36,223,112

      NEW SECTION. Sec. 105. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Drinking Water Assistance Program (00-2-007)

Reappropriation:

      Drinking Water Assistance Account--State. . . . . . . $2,792,784

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,907,216

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,700,000

      NEW SECTION. Sec. 106. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Drinking Water Assistance Program (02-4-008)

Reappropriation:

      Drinking Water Assistance Account--State. . . . . . . $4,475,621

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,224,379

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,700,000

      NEW SECTION. Sec. 107. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Drinking Water Assistance Account (04-4-002)

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

      (1) Expenditures of the reappropriation must comply with RCW 70.119A.170.

      (2)(a) The state building construction account reappropriation is provided solely to provide assistance to counties, cities, and special purpose districts to identify, acquire, and rehabilitate public water systems that have water quality problems or have been allowed to deteriorate to a point where public health is an issue. Eligibility is confined to applicants that already own at least one group A public water system and that demonstrate a track record of sound drinking water utility management. Funds may be used for: Planning, design, and other preconstruction activities; system acquisition; and capital construction costs.

      (b) The state building construction account reappropriation must be jointly administered by the department of health, the public works board, and the department of community, trade, and economic development using the drinking water state revolving fund loan program as an administrative model. In order to expedite the use of these funds and minimize administration costs, this reappropriation must be administered by guidance, rather than rule. Projects must generally be prioritized using the drinking water state revolving fund loan program criteria. All financing provided through this program must be in the form of grants that must partially cover project costs. The maximum grant to any eligible entity may not exceed twenty-five percent of the funds allocated to the appropriation in section 201, chapter 277, Laws of 2004.

Reappropriation:

      Drinking Water Assistance Account--State. . . . . . . $8,500,000

      State Building Construction Account--State. . . . . . $3,749,753

      Drinking Water Assistance Repayment Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,200,000

                           Subtotal Reappropriation. . . . . . . . . .$16,449,753

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$250,247

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,700,000

      NEW SECTION. Sec. 108. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Drinking Water SRF - Authorization to Use Loan Repayments (04-4-010)

Reappropriation:

      Drinking Water Assistance Repayment Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,200,000

      NEW SECTION. Sec. 109. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Drinking Water Assistance Program (06-4-003)

Appropriation:

      Drinking Water Assistance Account--State. . . . . . . $8,100,000

      Drinking Water Assistance Repayment

                           Account--State. . . . . . . . . . . . . . . . . .$11,500,000

                           Subtotal Appropriation. . . . . . . . . . . $19,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$78,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$98,000,000

      NEW SECTION. Sec. 110. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Water System Acquisition and Rehabilitation Program (06-4-850)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation must be jointly administered by the department of health, the public works board, and the department of community, trade, and economic development using the drinking water state revolving fund loan program as an administrative model. In order to expedite the use of these funds and minimize administration costs, this appropriation must be administered by guidance, rather than rule. Projects must generally be prioritized using the drinking water state revolving fund loan program criteria. All financing provided through this program must be in the form of grants that must partially cover project costs. The maximum grant to any eligible entity may not exceed twenty-five percent of the funds allocated to this appropriation.

Appropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 111. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Building for the Arts (04-4-007)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The reappropriation is subject to the provisions of RCW 43.63A.750.

      (2) The reappropriation is subject to the project list in section 104, chapter 277, Laws of 2004.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,750,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,718,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,468,000

      NEW SECTION. Sec. 112. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Building for the Arts (06-4-005)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation is subject to the provisions of RCW 43.63A.750.

      (2) The appropriation is provided solely for the following list of projects:

Projects

Location

Recommendation

African-American museum

Seattle

$700,000

McIntyre hall

Mount Vernon

$350,000

Northwest film forum

Seattle

$100,000

Historic Cooper school

Seattle

$500,000

Merc playhouse

Twisp

$6,000

Masquers theatre

Soap Lake

$145,000

Cornish College of the Arts

Seattle

$700,000

Dahmen barn workshop

Uniontown

$79,000

Roxy theatre

Morton

$75,000

Duwamish longhouse

Seattle

$65,000

Everett symphony

Everett

$215,000

Admiral theatre

Bremerton

$180,000

Pratt fine arts center

Seattle

$300,000

Arlington performing arts

Arlington

$375,000

Seattle Academy of Fine Art

Seattle

$35,000

Academy of children's theatre

Richland

$150,000

Empire theatre

Tekoa

$25,000

Children's museum

Spokane

$75,000

World kite museum

Long Beach

$115,000

McCaw hall

Seattle

$1,000,000

KidsQuest children's museum

Bellevue

$200,000

Total

 

$5,390,000

Appropriation:

                                                                                                                           State Building Construction Account--State. . . . . . $5,390,000

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,390,000

                                                                                                                           NEW SECTION. Sec. 113. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Cancer Research Facility Grant (01-S-005)

                                                                                                                           The reappropriation in this section is subject to the following conditions and limitations:

                                                                                                                           (1) The reappropriation is provided as a grant for equipment and facilities improvements for a prostate cancer research project at the University of Washington medical center and must be matched by an equal amount from nonstate sources.

                                                                                                                           (2) The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . .$668,000

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,332,000

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

                                                                                                                           NEW SECTION. Sec. 114. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Fox Theatre Project (01-S-006)

                                                                                                                           The reappropriation in this section is subject to the following conditions and limitations: The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . $2,093,031

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,406,969

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,500,000

                                                                                                                           NEW SECTION. Sec. 115. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           West Central Community Center (01-S-016)

                                                                                                                           The reappropriation in this section is subject to the following conditions and limitations: The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . .$493,750

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$106,250

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $600,000

                                                                                                                           NEW SECTION. Sec. 116. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Public Works Trust Fund (04-4-001)

Reappropriation:

                                                                                                                           Public Works Assistance Account--State. . . . . . .$350,000,000

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $66,200,000

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . $416,200,000

                                                                                                                           NEW SECTION. Sec. 117. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Public Works Trust Fund (06-4-004)

Appropriation:

                                                                                                                           Public Works Assistance Account--State. . . . . . .$288,900,000

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . $1,400,000,000

TOTAL. . . . . . . . . . . . . . . . . . . . .$1,688,900,000

NEW SECTION. Sec. 118. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTHighline School District Aircraft Noise Mitigation (03-H-001)

The reappropriation in this section is subject to the following conditions and limitations:

(1) The reappropriation in this section is subject to the Highline school district, the port of Seattle, and the federal aviation administration each matching the appropriation in section 150, chapter 26, Laws of 2003 1st sp. sess.

(2) This reappropriation does not commit the state to make future appropriations for this program.

Reappropriation:

State Building Construction Account--State. . . . . . $7,517,598

Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,482,402

Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,000,000

NEW SECTION. Sec. 119. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTCity of Woodland Infrastructure Development (04-4-959)

The reappropriation in this section is subject to the following conditions and limitations:

(1) The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

(2) The reappropriation is provided for allocation by the department to the city of Woodland for infrastructure development, including drainage improvements and a dike access road.

Reappropriation:

State Building Construction Account--State. . . . . . . .$262,451

Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$37,549

Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $300,000

NEW SECTION. Sec. 120. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTCommunity Economic Revitalization Board (04-4-008)

The reappropriation in this section is subject to the following conditions and limitations: A maximum of twenty-five percent of the appropriation in section 105, chapter 277, Laws of 2004 may be used for grants.

Reappropriation:

Public Facility Construction Loan Revolving

Account--State. . . . . . . . . . . . . . . . . .$11,437,000

Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$54,000

Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,491,000

NEW SECTION. Sec. 121. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTCommunity Economic Revitalization Board (CERB) (06-4-011)

The appropriation in this section is subject to the following conditions and limitations: A maximum of twenty-five percent of the appropriation may be used for grants.

Appropriation:

Public Facility Construction Loan Revolving

Account--State. . . . . . . . . . . . . . . . . .$20,448,657

Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

Future Biennia (Projected Costs). . . . . . . . . . . . . .$54,990,055

TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$75,438,712

NEW SECTION. Sec. 122. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTCommunity Services Facilities Program (04-4-006)


                                                                                                                           The reappropriation in this section is subject to the following conditions and limitations:

                                                                                                                           (1) The reappropriation is subject to the provisions of RCW 43.63A.125.

                                                                                                                           (2) The reappropriation is subject to the project list in section 128, chapter 26, Laws of 2003 1st sp. sess.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . .$800,000

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,131,280

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,931,280

                                                                                                                           NEW SECTION. Sec. 123. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Community Services Facilities Program (06-4-006)

                                                                                                                           The appropriation in this section is subject to the following conditions and limitations:

                                                                                                                           (1) The appropriation is subject to the provisions of RCW 43.63A.125.

                                                                                                                           (2) The appropriation is provided solely for the following list of projects:

Projects

Location

Recommendation

Abused deaf women's advocacy services

Seattle

$400,000

YouthCare

Seattle

$350,000

Pike market senior center

Seattle

$310,000

Friends of gladish

Pullman

$25,000

FareStart

Seattle

$400,000

Denise Louie education center

Seattle

$400,000

Rural resources community action

Newport

$170,000

Jumping mouse children's center

Port Townsend

$45,000

Compass center

Seattle

$400,000

Neighborhood house

Seattle

$550,000

Behavioral health resources

Olympia

$400,000

Salvation Army Renton corp

Renton

$350,000

Metropolitan development council

Tacoma

$110,000

Lutheran community services

SeaTac

$400,000

Olympia childcare center

Olympia

$90,000

Kitsap Community Resources

Bremerton

$735,000

Northwest Youth Services

Bellingham

$210,000

Total

 

$5,345,000

Appropriation:

      State Building Construction Account--State. . . . . . $5,345,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,345,000

      NEW SECTION. Sec. 124. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Greenbank Farm (04-4-950)

      The reappropriation in this section is subject to the following conditions and limitations: The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$550,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$950,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 125. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Housing Assistance, Weatherization, and Affordable Housing (04-4-003)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) $1,700,000 of the reappropriation is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.

      (2) $700,000 of the reappropriation is provided solely for grants to nonprofit organizations and public housing authorities for revolving loan, self-help housing programs for low and moderate income families.


      (3) $84,500 of the reappropriation is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.

      (4) $600,000 of the reappropriation is provided solely for facilities housing low-income migrant, seasonal, or temporary farmworkers. It is the intent of the legislature that operation of the facilities built under this section be in compliance with 8 U.S.C. Sec. 1342. The department shall work with the farmworker housing advisory committee to prioritize funding of projects to the areas of highest need. Funding may also be provided, to the extent qualified projects are submitted, for health and safety projects.

      (5) $1,400,000 of the reappropriation is provided solely for the development of emergency shelters and transitional housing opportunities for homeless families with children.

      (6) Up to $1,000,000 of the reappropriation is provided to help capitalize a self-insurance risk pool for nonprofit corporations in Washington that develop housing units for low-income persons and families. The self-insurance risk pool shall be approved by the state risk manager. The self-insurance risk pool shall repay to the state the amount of the reappropriation provided to the risk pool under this section whenever the capitalization exceeds the minimum requirements established by the office of the risk manager. Any reappropriation authority not expended by June 30, 2007, shall lapse.

Reappropriation:

      State Taxable Building Construction Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25,780,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $55,220,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$81,000,000

      NEW SECTION. Sec. 126. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Housing Assistance, Weatherization, and Affordable Housing (06-4-001)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $9,000,000 of the appropriation is provided solely for weatherization administered through the energy matchmakers program.

      (2) $5,000,000 of the appropriation is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.

      (3) $2,500,000 of the appropriation is provided solely for grants to nonprofit organizations and public housing authorities for revolving loan, self-help housing programs for low and moderate income families.

      (4) $1,000,000 of the appropriation is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.

      (5) $5,000,000 of the appropriation is provided solely for the development of emergency shelters and transitional housing opportunities for homeless families with children.

      (6) $8,000,000 of the appropriation is provided solely for facilities housing low-income migrant, seasonal, or temporary farmworkers. It is the intent of the legislature that operation of the facilities built under this section be in compliance with 8 U.S.C. Sec. 1342. The department shall work with the farmworker housing advisory committee to identify sufficient farmworker housing projects to support a goal of providing $16,000,000 for farmworker housing, and to prioritize funding of projects to the areas of highest need. Funding may also be provided, to the extent qualified projects are submitted, for health and safety projects.

      (7) The appropriation in this section shall not be used for the administrative costs of the department. The amount of the appropriation shall be included in the calculation of annual funds available for determining the administrative costs authorized under RCW 43.185.050.

Appropriation:

      State Taxable Building Construction

                           Account--State. . . . . . . . . . . . . . . . .$100,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$320,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $420,000,000

      NEW SECTION. Sec. 127. $2,500,000 of the state taxable building construction account--state appropriation in section 126 of this act is provided solely for on-farm infrastructure improvements that directly support the creation or preservation of housing for low-income migrant, seasonal, or temporary farmworkers. Future loan repayments shall be used for the same purpose as specified in this section.

      NEW SECTION. Sec. 128. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Japanese-American Memorial (04-4-951)

      The reappropriation in this section is subject to the following conditions and limitations: The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$475,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,025,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 129. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Lewis and Clark Confluence Project (04-2-954)


      The reappropriation in this section is subject to the following conditions and limitations: The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

      State Building Construction Account--State. . . . . . $4,337,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$662,500

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 130. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

 

      Local/Community Projects (04-4-011)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The projects must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department, except that the Highline historical society project is land acquisition.

      (2) The reappropriation is subject to the project list in section 204, chapter 277, Laws of 2004.

Reappropriation:

      State Building Construction Account--State. . . . . . $5,228,345

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $8,086,155

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,314,500

      NEW SECTION. Sec. 131. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Local/Community Projects (06-4-008)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The projects must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

      (2) Funding for the Inland Northwest Science and Technology Center shall be held in reserve until the balance of phase I funding has been secured or committed from local government and community sources.

      (3) The Washington state arts commission shall design a plaque that shall be affixed to buildings or displayed as part of a project receiving any appropriation from this section. The plaque shall provide information to the public that the building or project has been made possible by the tax dollars of Washington citizens. The commission may contact the secretary of state to obtain approval for use of the Washington seal in the design of the plaque. The final design shall be approved by the chairs and ranking members of the house of representatives capital budget committee and the senate ways and means committee.

      (4) The appropriation is provided solely for the following list of projects:

Projects

 

Recommendation

7th street theatre

 

$600,000

Alder creek pioneer association carousel museum

 

$450,000

Asian counseling and referral service

 

$2,000,000

Bailey Gatzert children's play area

 

$75,000

Bridge for kids

 

$850,000

Brookside school ADA playground equipment

 

$25,000

Buena library

 

$50,000

Cannon house

 

$250,000

Central area motivation program (CAMP)

 

$250,000

Cesar Chavez park

 

$150,000

Childhaven

 

$150,000

Clark Lake park and retreat center

 

$500,000

Colman school

 

$500,000

Columbia breaks fire interpretive center

 

$150,000

Covington aquatics center phase 1

 

$350,000

Crossroads community center and park

 

$250,000

Cutter theater

 

$71,000

Des Moines beach park historic buildings

 

$300,000

Discovery park

 

$1,000,000

East Whatcom regional resource center

 

$1,750,000

Eatonville family park

 

$50,000

El Centro de la Raza

 

$900,000

Filipino community center

 

$200,000

Foster creek

 

$150,000

Fox theater

 

$2,398,000

GC health clinic

 

$12,000

Grand Army of the Republic cemetery

 

$5,000

Granite Falls museum expansion

 

$50,000

Greenbridge plaza in White Center

 

$200,000

Habitat park south hill

 

$400,000

Hidden river environmental education center

 

$50,000

ICL education center

 

$200,000

Japanese cultural and community center

 

$200,000

Joel Pritchard park

 

$2,500,000

Joe's creek project

 

$856,000

Juanita creek channel and riparian restoration

 

$500,000

Julia Butler Hansen home restoration

 

$10,000

LeRoi smelter smokestack monument

 

$3,000

Lewis and Clark confluence project

 

$1,500,000

McCaw hall

 

$2,000,000

MOBIUS/Inland Northwest science and technology center

 

 

$1,500,000

Mt. Baker theater

 

$200,000

Mt. Vernon Jasper Gates statue

 

$12,000

Multicultural center of Kitsap county

 

$250,000

Nathaniel Orr home site museum interpretive center

 

$29,000

New Lakewood clinic

 

$350,000

Northeast community center expansion

 

$250,000

Northshore performing arts center

 

$1,000,000

Northwest communities education center

 

$1,000,000

Oak Harbor multi-purpose community and sports facility

 

 

$50,000

Omak grandstand

 

$250,000

Pacific Northwest salmon center

 

$1,000,000

Pacific science center

 

$900,000

Performing arts center (PACE)

 

$500,000

Puget Sound freight building warehouse--Thea Foss waterway

 

 

$2,000,000

Relocation of Sieke Japanese gardens

 

$250,000

River walk and Sammamish river restoration

 

$200,000

Roslyn city hall

 

$150,000

Ruth Dykeman children's center

 

$27,000

Sandman historical tug restoration

 

$10,000

Seattle community center (1115 E. Pike street)

 

$13,000

Seward park environmental and audubon center

 

$400,000

Snohomish senior center

 

$150,000

Sno-Valley senior activity center kitchen

 

$50,000

Sound way property preservation

 

$500,000

Spokane river whitewater course

 

$400,000

Sumas ballpark

 

$250,000

Synthetic sportsfield partnership at Robinswood park

 

$400,000

Tall ships moorage

 

$300,000

Tukwila kayak and canoe launching facility

 

$20,000

Undeveloped woodlands linked to interurban nature trail

 

 

$150,000

Vancouver museum

 

$125,000

Vancouver national historical reserve west barracks

 

$1,000,000

Veterans memorial museum

 

$100,000

West Seattle community resource center

 

$500,000

West central community center

 

$500,000

West Hylebos wetlands boardwalk

 

$100,000

Wilson playfield land acquisition

 

$200,000

Wing Luke Asian art museum

 

$2,000,000

Youth housing/drop-in center

 

$400,000

Total

 

$39,391,000

Appropriation:

State Building Construction Account--State. . . . . $39,391,000

Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$39,391,000

NEW SECTION. Sec. 132. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTPBS Digital Upgrade (04-4-958)

The reappropriation in this section is subject to the following conditions and limitations:

(1) The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.


                                                                                                                           (2) $345,625 is provided to public television station KYVE for the costs to convert to digital transmission capability and the upgrading and replacement of equipment, studio facilities, and contents.

                                                                                                                           (3) The remaining reappropriation is available for public television stations based outside central Puget Sound metropolitan areas.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . .$363,548

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$336,452

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $700,000

                                                                                                                           NEW SECTION. Sec. 133. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Washington State Games (04-4-850)

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . . .$97,597

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$102,403

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $200,000

                                                                                                                           NEW SECTION. Sec. 134. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Wing Luke Asian Art Museum (04-4-952)

                                                                                                                           The reappropriation in this section is subject to the following conditions and limitations: The project must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . .$316,202

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,183,798

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

                                                                                                                           NEW SECTION. Sec. 135. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Yakima Ball Fields (04-2-952)

                                                                                                                           The reappropriation in this section is subject to the following conditions and limitations: $119,990 of the reappropriation is provided solely to Yakima Valley Community College for the purchase of Noel field from the city of Yakima, and $230,000 is provided solely to the city of Yakima to replace and relocate ballfields. It is intended that no funds be distributed to the city of Yakima until the transfer of the Noel field property is complete.

Reappropriation:

                                                                                                                           State Building Construction Account--State. . . . . . . .$346,000

                                                                                                                           Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$4,000

                                                                                                                           Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                                                                                                                                                TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $350,000

                                                                                                                           NEW SECTION. Sec. 136. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT                                                                                                                           Youth Recreational Facilities Program (06-4-007)

                                                                                                                           The appropriation in this section is subject to the following conditions and limitations:

                                                                                                                           (1) The appropriation is subject to the provisions of RCW 43.63A.135.

                                                                                                                           (2) The appropriation is provided solely for the following list of projects:

Projects

Location

Recommendation

Clinton and Gloria John clubhouse

Vancouver

$300,000

Greenbridge youth and family center

Seattle

$300,000

Mount Angeles clubhouse remodel

Port Angeles

$40,000

Mukilteo family YMCA skate park

Mukilteo

$200,000

Girl scouts program center

Spokane

$300,000

Federal Way Ex3 teen center

Federal Way

$300,000

Granite Falls clubhouse renovation

Granite Falls

$120,000

Monroe teen center

Monroe

$100,000

Springwood youth center

Kent

$300,000

Lummi youth recreation

Bellingham

$40,000

H.O.P.E. center

Gig Harbor

$200,000

South Whidbey commons

Langley

$200,000

H.O.P.E. center

Lakewood

$500,000

Tumwater boys and girls club

Tumwater

$400,000

Total

 

$3,300,000

Appropriation:

      State Building Construction Account--State. . . . . . $3,300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,300,000

      NEW SECTION. Sec. 137. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Historic Courthouse Rehabilitation (06-4-009)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $4,550,000 of the appropriation is provided solely for courthouse protection and preservation, including character defining architectural features, general repairs, system upgrades, payments for renovations completed since January 1, 2003, and improvements to access and accommodations for persons with disabilities. The office of archaeology and historic preservation within the department of community, trade, and economic development shall administer the historic county courthouse grant program. By October 1, 2005, the department shall establish eligibility criteria and a grant application process. A historic courthouse advisory committee shall be established to review grant applications and make funding recommendations to the state historic preservation officer. All rehabilitation work shall comply with the secretary of interior's standards for rehabilitation. Grants shall not be used for expenditures for courthouse maintenance. Only counties with historic courthouses that continue to maintain county functions are eligible for grants. Counties receiving grants shall provide an equal amount of matching funds from public or private sources. The department shall minimize the amount of these funds that are utilized for program administration.

      (2) $450,000 of the appropriation is provided solely for rehabilitation of the Jefferson county clock tower.

Appropriation:

      State Building Construction Account--State. . . . . . $5,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000


      NEW SECTION. Sec. 138. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Job/Economic Development Grants (06-4-950)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation is provided solely for the following list of projects:

Projects

 

Recommendation

Belfair sewer improvements

 

$8,000,000

Bellingham waterfront restoration

 

$2,000,000

Bremerton Harborside

 

$4,000,000

Burien town square

 

$2,000,000

Carnation sewer

 

$2,000,000

City of Covington

 

$1,000,000

Infrastructure for Renton Boeing property

 

$5,000,000

Military communities infrastructure projects

 

$5,000,000

Pacific Northwest national labs campus infrastructure project

 

 

$6,000,000

Rainier court

 

$1,500,000

Redevelop Snohomish riverfront

 

$1,500,000

Ridgefield employment center project

 

$2,000,000

Tukwila Southcenter parkway infrastructure

 

$6,000,000

Yakima town center restoration

 

$4,000,000

Total

 

$50,000,000

      (2) $1,000,000 of the appropriation for the Pacific Northwest national labs campus infrastructure project is provided solely for giga-pop infrastructure.

      (3) $5,000,000 of the appropriation for military communities infrastructure projects is provided solely for grants to support projects in Island county, Kitsap county, Pierce county, Snohomish county, and Spokane county when a military base in that county is identified for potential closure in the federal base realignment and closure process. The grants will be used to address infrastructure improvements that will aid in the removal of the base from the closure list. The office of financial management shall establish a process for selecting projects for funding based on criteria used to determine the federal base realignment and closure list and recommendations by the department of community, trade, and economic development and the military department. Final allocation of the grants shall be at the discretion and with the approval of the director of the office of financial management.

Appropriation:

      Public Works Assistance Account--State. . . . . . . .$50,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$50,000,000

      NEW SECTION. Sec. 139. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Coastal Erosion Grants (01-S-019)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided for coastal erosion grants in southeast Washington in partnership with other state and federal funds. Grays Harbor county is the lead agency in the administration of the grants.

Appropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 140. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT       Jobs in Communities (06-4-951)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The projects must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.

      (2) The appropriation is provided solely for the following list of projects:

Projects

 

 

Belfair sewer improvements

 

$8,000,000

LeMay museum

 

$1,000,000

Port of Walla Walla wine incubator

 

$1,000,000

Wine and culinary arts center in Prosser

 

$2,250,000

Total

 

$12,250,000

Appropriation:

      State Building Construction Account--State. . . . . $12,250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,250,000

      NEW SECTION. Sec. 141. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      East Plaza Repairs (96-1-002)

Reappropriation:

      State Vehicle Parking Account--State. . . . . . . . . . . $5,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $36,567,200

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$41,567,200

      NEW SECTION. Sec. 142. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Legislative Building: Rehabilitation and Capital Addition (01-1-008)

Reappropriation:

      Thurston County Capital Facilities Account--State. . $100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $106,280,442

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $106,380,442

      NEW SECTION. Sec. 143. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Cherberg Building: Rehabilitation (02-1-005)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The reappropriation is for the purpose of furthering the John A. Cherberg building rehabilitation project, including but not limited to the following: Project final design and initial phase of reconstruction; purchase and remodel of the two modular buildings currently owned by the Legislative building rehabilitation project; and remodel of a portion of the Joel M. Pritchard building for use as swing space during reconstruction.

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


      (a) Funding is provided solely for design, construction, and other costs related to the relocation efforts associated with this project.

      (b) The construction contract award shall be made to the general contractor offering written and oral materials demonstrating the greatest value for attainment of the program objectives considering a number of evaluation criteria, including cost.

      (c) Project oversight is delegated to the senate. Of this appropriation, $750,000 is provided to the senate for management costs. Costs incurred by the department for this project shall be negotiated with the senate as reimbursable project agreements and approved by the senate. The department shall make available to the senate such personnel, facilities, and other assistance as the senate may request for this project.

      (d) The department may negotiate agreements with the senate for additional fees to manage the John A. Cherberg building rehabilitation project.

      (e) Upon completion of the project, the temporary modular buildings shall be sold and removed, and the parking lot shall be restored and landscaped.

Reappropriation:

      State Building Construction Account--State. . . . . . $2,500,000

Appropriation:

      State Building Construction Account--State. . . . . $12,253,000

      Thurston County Capital Facilities Account--State.$1,439,000

                           Subtotal Appropriation. . . . . . . . . . . $13,692,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,100,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,292,000

      NEW SECTION. Sec. 144. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Minor Works - Infrastructure Preservation: Capital Campus (04-1-003)

      The reappropriation in this section is subject to the following conditions and limitations: This reappropriation shall not be used for studies.

Reappropriation:

      Thurston County Capital Facilities Account--State. . $750,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,350,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,100,000

      NEW SECTION. Sec. 145. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Minor Works - Facility Preservation: Statewide (04-1-004)

Reappropriation:

      Thurston County Capital Facilities Account--State. . $200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,345,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,545,000

      NEW SECTION. Sec. 146. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Historic Buildings - Exterior Preservation (04-1-012)

      The reappropriation in this section is subject to the following conditions and limitations: This reappropriation is provided solely for capital projects on the capitol campus that correct immediate restoration deficiencies. It does not include survey, planning, or interior work.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,225,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,475,000

      NEW SECTION. Sec. 147. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Transportation Building Preservation (02-1-008)

Appropriation:

      Thurston County Capital Facilities Account--State.$5,190,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,939,116

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,818,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,947,116

      NEW SECTION. Sec. 148. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Legislative Building Security (04-2-950)

Reappropriation:

      Thurston County Capital Facilities Account--State. . . .$60,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,119,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,179,000

      NEW SECTION. Sec. 149. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Emergency Repairs (06-1-001)

      The appropriations in this section are subject to the following conditions and limitations: The appropriations are provided solely for unanticipated building or infrastructure repairs necessary for the protection of capital assets and protection of health or safety.

Appropriation:

      State Building Construction Account--State. . . . . . . .$350,000

      Thurston County Capital Facilities Account--State. . $900,000

      General Administration Service Account--State. . . . .$150,000

                           Subtotal Appropriation. . . . . . . . . . . . $1,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,400,000

      NEW SECTION. Sec. 150. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Infrastructure Projects - Savings (06-1-008)

      The appropriation in this section is subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1

      NEW SECTION. Sec. 151. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Engineering and Architectural Services (06-2-012)

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

      (1) The appropriations are provided solely for project management services to state agencies as required by RCW 43.19.450 that are essential and mandated activities defined as core services and are included in the engineering and architectural services' responsibilities and task list for general public works projects of normal complexity. The general public works projects included are all those financed by the state capital budget for the biennium ending June 30, 2007, with individual total project values up to $20,000,000.

      (2) The community and technical capital projects account shall be used to provide services to six community and technical colleges projects that require separate reimbursable project management agreements.

      (3) The department may negotiate agreements with agencies for additional fees to manage projects financed by financial contracts, other alternative financing, projects with a total value greater than $20,000,000, or for the nonstate funded portion of projects with mixed funding sources.

      (4) The department shall review each community and technical college request and the requests of other client agencies for funding any project over $2,500,000 for inclusion in the 2006 supplemental capital budget and the 2007-09 capital budget to ensure that the amount requested by the agency is appropriate for predesign, design, and construction, depending on the phase of the project being requested. The department shall pay particular attention: (a) That the budgeted amount requested is at an appropriate level for the various components that make up the cost of the project such as project management; and (b) that standard measurements such as cost per square foot are reasonable. The department shall also assist the office of financial management with review of other agency projects as requested.

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$145,000

      State Vehicle Parking Account--State. . . . . . . . . . . . .$132,815

      State Building Construction Account--State. . . . . . $9,216,771

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$1,723,892

      Thurston County Capital Facilities Account--State. . $461,307

      General Administration Service Account--State. . . . .$103,839

                           Subtotal Appropriation. . . . . . . . . . . $11,783,624

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$43,464,100

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$55,247,724

      NEW SECTION. Sec. 152. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      General Administration Building Rehabilitation (06-1-002)

      The appropriation in this section is subject to the following conditions and limitations: Funding is provided solely for predesign for replacement or renovation of the general administration building combined with the development of an office building on the block adjoining Capital Way and 11th avenue. The combined development is intended to provide: (1) Executive office space for statewide elected officials; (2) public access space for the state library collection and historically significant documents from the state archives and the state historical museum; and (3) high density general office space that can adapt to changing state needs. The project will maximize interagency sharing of support services such as information technology, printing and mailing, management and storage of supplies, reception areas, and other common functions. The project will also include sufficient parking to provide a significant net increase in parking spaces beyond what is required for the new office space. The project shall also include leasable ground floor retail space on Capital Way. The department shall consult with statewide elected officials and the city of Olympia in developing the predesign. The predesign shall evaluate the use of the Pritchard building as one of the options for use by the state library and historically significant documents from the state archives and state historical museum. Due to the intended replacement of the building adjoining Capital Way and 11th avenue, the department shall not charge the facility depreciation component of lease charges for nonprofit tenants in that facility during the 2005-2007 biennium.

Appropriation:

      Thurston County Capital Facilities Account--State. . $750,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$65,500,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$66,250,000

      NEW SECTION. Sec. 153. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Highway-License Building Repair and Renewal (06-1-013)

Appropriation:

      Thurston County Capital Facilities Account--State. . $925,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,600,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,525,000

      NEW SECTION. Sec. 154. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Natural Resources Building Repairs and Renewal (06-1-014)

Appropriation:

      Thurston County Capital Facilities Account--State. . $502,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$7,950,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,452,000

      NEW SECTION. Sec. 155. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Statewide Infrastructure: Preservation Minor Works (06-1-004)

      The appropriations in this section are subject to the following conditions and limitations: The department shall contract with the department of transportation for the repair of the hillside trail. The department shall provide all documents, engineering reports, and any other plans to the department of transportation so that their engineers may determine the best approach for a long-term solution to the erosion problem. The department shall reserve at least $600,000 for this repair. If the hillside survives the 2005-06 rainy season without a significant slide, the unspent balance of this reserved money may be used for other purposes.

Appropriation:

      State Vehicle Parking Account--State. . . . . . . . . . . . . .$34,000

      State Building Construction Account--State. . . . . . $1,000,000

      Thurston County Capital Facilities Account--State.$2,033,600

                           Subtotal Appropriation. . . . . . . . . . . . $3,067,600

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$11,585,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,652,600

      NEW SECTION. Sec. 156. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Statewide Office Facilities: Preservation Minor Works (06-1-003)

Appropriation:

      Thurston County Capital Facilities Account--State.$2,965,000

      General Administration Service Account--State. . . $1,850,000

                           Subtotal Appropriation. . . . . . . . . . . . $4,815,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,239,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,054,000

      NEW SECTION. Sec. 157. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Statewide Parking Facilities: Preservation Minor Works (06-1-007)

Appropriation:

      State Vehicle Parking Account--State. . . . . . . . . . . . .$880,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,585,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,465,000

      NEW SECTION. Sec. 158. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Capitol Public/Historic Facilities: Preservation Minor Works (06-1-006)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,270,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,270,000

 

      NEW SECTION. Sec. 159. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Heritage Park Complete Development (01-H-004)

Appropriation:

      State Building Construction Account--State. . . . . . $1,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $15,535,774

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,135,774


      NEW SECTION. Sec. 160. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      State Capitol Campus Master Plan (06-2-850)

      The appropriations in this section are subject to the following conditions and limitations: The appropriation in this section is provided solely for completion of the capitol campus master plan. The master plan shall consider transportation needs of state employees and visitors. The department shall develop the master plan in consultation with the state capitol committee and a legislative buildings committee consisting of four members as follows: Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives; and two members of the senate, one from each major caucus, appointed by the president of the senate.

Appropriation:

      General Administration Services Account--State. . . . $200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $200,000

      NEW SECTION. Sec. 161. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Legislative Building Omnibus (06-1-005)

      The appropriations in this section are subject to the following conditions and limitations: The department shall assist in the relocation of the statute law committee offices from the legislative building to the Pritchard building. The vacated space is intended for additional offices for the house of representatives.

Appropriation:

      State Building Construction Account--State. . . . . . $1,100,000

      Thurston County Capital Facilities Account--State. . $878,000

                           Subtotal Appropriation. . . . . . . . . . . . $1,978,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,978,000

      NEW SECTION. Sec. 162. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      ADA Access Between Legislative, Cherberg, O'Brien, and Pritchard Buildings (06-1-951)

Appropriation:

      State Building Construction Account--State. . . . . . $1,349,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,349,000

      NEW SECTION. Sec. 163. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

      Capitol Lake: Environmental Preservation and Planning (00-1-007)

Appropriation:

      State Building Construction Account--State. . . . . . . .$270,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $270,000

      NEW SECTION. Sec. 164. FOR THE MILITARY DEPARTMENT

      Bremerton Readiness Center (02-2-004)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the conditions and limitations in section 183, chapter 8, Laws of 2001 2nd sp. sess.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $11,023,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,823,000

      NEW SECTION. Sec. 165. FOR THE MILITARY DEPARTMENT

      Construct Spokane Readiness Center (04-2-003)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$7,800,000

      State Building Construction Account--State. . . . . . $3,300,000

                           Subtotal Reappropriation. . . . . . . . . .$11,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,468,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,568,000

      NEW SECTION. Sec. 166. FOR THE MILITARY DEPARTMENT

      Omnibus Support to Federal Preservation Projects (04-1-003)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$6,300,000

      State Building Construction Account--State. . . . . . $1,100,000

                           Subtotal Reappropriation. . . . . . . . . . .$7,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $6,548,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,948,000

      NEW SECTION. Sec. 167. FOR THE MILITARY DEPARTMENT

      Preservation Projects - Statewide (04-1-001)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is to correct deficiencies to state-owned facilities and does not include parking lot repairs or paving.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$513,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,113,000

      NEW SECTION. Sec. 168. FOR THE MILITARY DEPARTMENT

      Alteration of Building No. 2, Camp Murray (05-1-001)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$140,000

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,260,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,400,000

      NEW SECTION. Sec. 169. FOR THE MILITARY DEPARTMENT

      Courseware Development Support Facility (05-2-002)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$138,000

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,237,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,375,000

      NEW SECTION. Sec. 170. FOR THE MILITARY DEPARTMENT

      Design and Construct Olympia Area Readiness Center (06-2-002)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is for a predesign to develop alternatives for the consolidation of the Olympia and Centralia readiness centers.

Appropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$23,062,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$23,312,000

      NEW SECTION. Sec. 171. FOR THE MILITARY DEPARTMENT

      Auditorium and Instructor Support Facility (06-2-003)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,390,000


      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,390,000

      NEW SECTION. Sec. 172. FOR THE MILITARY DEPARTMENT

      Infrastructure Projects-Savings (06-1-022)

      The appropriation in this section is subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1

      NEW SECTION. Sec. 173. FOR THE MILITARY DEPARTMENT

      Kent Readiness Center Preservation (06-1-001)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$750,000

      State Building Construction Account--State. . . . . . . .$386,000

                           Subtotal Appropriation. . . . . . . . . . . . $1,136,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,136,000

      NEW SECTION. Sec. 174. FOR THE MILITARY DEPARTMENT

      National Guard Headquarter's Building Preservation (06-1-002)

Appropriation:

      State Building Construction Account--State. . . . . . . .$643,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $643,000

      NEW SECTION. Sec. 175. FOR THE MILITARY DEPARTMENT

      Omnibus Preservation Projects - Statewide (06-1-003)

Appropriation:

      State Building Construction Account--State. . . . . . $2,723,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,723,000

      NEW SECTION. Sec. 176. FOR THE MILITARY DEPARTMENT

      Omnibus Support for Federal Minor Works Projects - Statewide (06-2-001)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $15,851,000

      State Building Construction Account--State. . . . . . $2,000,000

                           Subtotal Appropriation. . . . . . . . . . . $17,851,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$77,571,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$95,422,000

      NEW SECTION. Sec. 177. FOR THE STATE CONVENTION AND TRADE CENTER

      Minor Works: Facility Preservation (06-1-001)

      The appropriation in the section is subject to the following conditions and limitations: $40,000 of this appropriation shall be used to contract for services to conserve or maintain existing pieces of the state art collection located at the Washington state convention and trade center.

Appropriation:

      State Convention and Trade Center Account--State$3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,770,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,770,000

 

(End of part)

 

PART 2

HUMAN SERVICES

 

      NEW SECTION. Sec. 201. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

      School Mapping (06-1-100)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the initial mapping of schools and production of software and may not be used to supplant any local government's existing school or other building mapping program that can transfer data to a statewide first responder building mapping information system. Mapping of public buildings, including school buildings, shall be undertaken under standards adopted by the Washington association of sheriffs and police chiefs mapping software standards as required by RCW 36.28A.070. The criminal justice training commission shall work with the office of the superintendent of public instruction to ensure school mapping is part of newly constructed or renovated construction projects and shall develop policies and procedures to ensure efficient use and implementation of such procedures.

Appropriation:

      Education Construction Account--State. . . . . . . . . .$4,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,500,000

      NEW SECTION. Sec. 202. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

      Washington State Criminal Justice Training Commission Omnibus Minor Works (06-1-003)

Appropriation:

      State Building Construction Account--State. . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 203. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Echo Glen Children's Center - Site: Infrastructure Improvements (96-2-229)

Reappropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$925,000

      State Building Construction Account--State. . . . . . . .$830,000

                           Subtotal Reappropriation. . . . . . . . . . .$1,755,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,654,300

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,409,300

      NEW SECTION. Sec. 204. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Western State Hospital: Legal Offender Unit (98-2-052)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $50,794,341

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$51,294,341

 

      NEW SECTION. Sec. 205. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Child Study and Treatment Center - Cottages: Modifications, Phase 3 (00-1-015)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$900,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$900,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,800,000


      NEW SECTION. Sec. 206. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Echo Glen Children's Center - Eleven Cottages: Renovation (00-1-041)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,605,495

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,100,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$22,205,495

      NEW SECTION. Sec. 207. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Special Commitment Center - Secure Facility: Construction, Phase 3 (00-2-001)

      The reappropriation in this section is subject to the following conditions and limitations: To the extent that the department projects savings and efficiencies through design or scope changes, funds reappropriated in this section may be transferred to minor works-health, safety, and code requirements (project No. 06-1-111) for expenditure for minor works projects.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $27,359,008

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$28,559,008

      NEW SECTION. Sec. 208. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health: Omnibus Programmatic Projects (04-2-365)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$450,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$300,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $750,000

      NEW SECTION. Sec. 209. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Omnibus Preservation: Facility Preservation (04-1-112)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,000,000

      NEW SECTION. Sec. 210. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Omnibus Preservation: Health, Safety, and Code Requirements (04-1-111)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$900,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Omnibus Preservation: Infrastructure Preservation (04-1-113)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$300,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Rainier School - Wastewater Treatment Plant: Construction (Buckley) (04-1-950)

Reappropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . . .$60,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$190,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,350,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,600,000

      NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Residential Habilitation Center Consolidation (04-1-958)

Reappropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . $2,100,000

      State Building Construction Account--State. . . . . . $2,000,000

                           Subtotal Reappropriation. . . . . . . . . . .$4,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,900,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,000,000

      NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Special Commitment Center - Regional Secure Community Transition Facility: New 12 Bed Facility (04-2-502)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,700,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Statewide: Emergency and Unanticipated Repair Projects (04-1-116)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$650,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $750,000

NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Developmental Disabilities: Omnibus Programmatic Projects (06-2-465)

Appropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Capital Project Management (06-1-110)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . $2,250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$11,100,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,350,000

      NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Eastern State Hospital - Westlake Building: Fire Alarm Upgrade (06-1-370)

Appropriation:

      State Building Construction Account--State. . . . . . $1,650,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,650,000

      NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Fircrest School - Health and Safety Improvements (06-1-852)

      The appropriation in this section is subject to the following conditions and limitations: The department is directed to resolve the issues with the tenants at the Fircrest campus that impair their ability to provide services to food banks. A report shall be submitted on the status of the food bank tenant by the department to the house of representatives capital budget and senate ways and means committees by December 31, 2005.

Appropriation:


      State Building Construction Account--State. . . . . . . .$750,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $750,000

      NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Juvenile Rehabilitation: Omnibus Programmatic Projects (06-2-265)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Lakeland Village - Nine Cottages: Renovation, Phase 4, 5, and 6 (06-1-402)

Appropriation:

      State Building Construction Account--State. . . . . . $2,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$5,100,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,500,000

      NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health Division - Clark County: Center for Community Health (06-4-351)

Appropriation:

      State Building Construction Account--State. . . . . . $3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health Division - CLIP Facilities: Preservation (06-4-353)

Appropriation:

      State Building Construction Account--State. . . . . . $1,300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,300,000

      NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health Division - Highline Mental Health: Preservation (06-4-313)

Appropriation:

      State Building Construction Account--State. . . . . . . . .$50,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .$50,000

      NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health Division - North Sound Evaluation and Treatment: Air Conditioning (06-4-356)

Appropriation:

      State Building Construction Account--State. . . . . . . . .$35,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .$35,000

      NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health Division - Eastern Washington: Evaluation and Treatment (06-4-352)

Appropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,500,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 227. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Mental Health: Omnibus Programmatic Projects (06-2-365)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 228. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Omnibus Preservation: Facility Preservation (06-1-112)

Appropriation:

      State Building Construction Account--State. . . . . . $3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 229. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Omnibus Preservation: Health, Safety and Code Requirements (06-1-111)

Appropriation:

      State Building Construction Account--State. . . . . . $5,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 230. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Omnibus Preservation: Infrastructure Preservation (06-1-113)

Appropriation:

      State Building Construction Account--State. . . . . . $3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 231. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Project Savings: Infrastructure and Preservation Projects (06-1-114)

      The appropriation in this section is subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1

      NEW SECTION. Sec. 232. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Statewide: Emergency and Unanticipated Repair Projects (06-1-101)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation shall only be used for unanticipated building or infrastructure repairs necessary for the protection of capital assets or protection of health or safety.

Appropriation:

      State Building Construction Account--State. . . . . . . .$800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$3,600,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,400,000

      NEW SECTION. Sec. 233. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Statewide: Facilities Assessment and Preservation Planning, Phase 2 (06-1-120)

Appropriation:

      Charitable, Educational, Penal, and Reformatory


                           Institutions Account--State. . . . . . . . . . .$300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $700,000

      NEW SECTION. Sec. 234. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Statewide: Hazards Abatement and Demolition (06-1-119)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . $1,300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$7,700,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,000,000

      NEW SECTION. Sec. 235. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Western State Hospital - Laundry: New Construction (06-3-325)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to assess the feasibility of constructing a new western state hospital laundry using certificates of participation. The feasibility analysis shall include, but not be limited to, the following:

      (1) An assessment of the feasibility and costs for remodeling the existing building versus new construction;

      (2) An assessment of what facilities and equipment would be required to process the laundry for western state hospital, Rainier school, and Francis Haddon Morgan center;

      (3) An assessment of other potential clients to western state hospital laundry operations; and

      (4) An assessment of the region for the processing of western state hospital, Rainier school, and Francis Haddon Morgan center laundry including private vendors, nonprofit vendors, the department of corrections, or others.

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 236. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Pediatric Interim Care Newborn Nursery (06-4-951)

Appropriation:

      State Building Construction Account--State. . . . . . . .$617,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $617,000

      NEW SECTION. Sec. 237. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Cliff Bailey Center (06-4-952)

Appropriation:

      State Building Construction Account--State. . . . . . . .$225,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $225,000

      NEW SECTION. Sec. 238. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Washington Information Network 2-1-1 (06-2-850)

      The appropriation in this section is subject to the following conditions and limitations: The department shall require the organizations to prepare a financing plan that specifies the full cost of implementing the system statewide including capital costs and operating costs by September 1, 2006. The financing plan shall identify appropriate sources of revenue to support full implementation and ongoing operational costs.

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 239. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      Special Commitment Center on McNeil Island: Additional Capacity (06-2-505)

Appropriation:

      State Building Construction Account--State. . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$21,500,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,600,000

      NEW SECTION. Sec. 240. FOR THE DEPARTMENT OF HEALTH

      Public Health Laboratory: Biosafety Level 3 Facility (02-2-001)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely for a comprehensive predesign exploring all alternatives for a biosafety level 3 facility and central receiving area, including potential federal funding sources that may be available for the project. The agency shall also explore the feasibility of collaboration and colocation with the University of Washington's proposed bioresearch laboratory. The predesign is subject to review and approval by the office of financial management in accordance with section 903 of this act.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$101,485

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $301,485

      NEW SECTION. Sec. 241. FOR THE DEPARTMENT OF HEALTH

      Public Health Laboratory: Chiller Plant Upgrade (02-1-004)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,040,000

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$315,142

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,855,142

      NEW SECTION. Sec. 242. FOR THE DEPARTMENT OF HEALTH

      Drinking Water Assistance Program (04-4-003)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely for an interagency agreement with the department of community, trade, and economic development to make, in cooperation with the public works board, loans to local governments and public water systems for projects and activities to protect and improve the state's drinking water facilities and resources.

Reappropriation:

      Drinking Water Assistance Account--Federal. . . . $29,820,094

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $16,401,906

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$46,222,000

      NEW SECTION. Sec. 243. FOR THE DEPARTMENT OF HEALTH

      Drinking Water Assistance Program (06-4-001)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for an interagency agreement with the department of community, trade and economic development to make, in cooperation with the public works board, loans to local governments and public water systems for projects and activities to protect and improve the state's drinking water facilities and resources.

Appropriation:


      Drinking Water Assistance Account--Federal. . . . $28,122,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$112,488,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $140,610,000

      NEW SECTION. Sec. 244. FOR THE DEPARTMENT OF HEALTH

      Public Health Laboratory: Roof Replacement (06-1-002)

Appropriation:

      State Building Construction Account--State. . . . . . $1,625,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,625,000

      NEW SECTION. Sec. 245. FOR THE DEPARTMENT OF HEALTH

      Cruise Ship Virus Study (06-2-950)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for a study of the risk to human health from viruses transmitted from grey water or black water discharges from cruise ships in Puget Sound. The study shall be submitted to the department of ecology for inclusion in the report to the legislature submitted under the provisions of chapter . . . (Engrossed Second Substitute House Bill No. 1415), Laws of 2005.

Appropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 246. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      240 Bed Nursing Facility (02-2-008)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$500,000

      State Building Construction Account--State. . . . . . $1,670,000

                           Subtotal Reappropriation. . . . . . . . . . .$2,170,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $46,730,700

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$48,900,700

      NEW SECTION. Sec. 247. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      Spokane Veterans Home Kitchen (04-2-004)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$753,830

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $953,830

      NEW SECTION. Sec. 248. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      Emergency Funds (06-1-006)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for unanticipated building or infrastructure repairs necessary for the protection of capital assets or protection of health or safety.

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,500,000

      NEW SECTION. Sec. 249. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      Infrastructure Projects - Savings (06-1-001)

      The appropriation in this section is subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1

      NEW SECTION. Sec. 250. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      Minor Works Health, Safety, Code Requirements (06-1-007)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$120,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $120,000

      NEW SECTION. Sec. 251. FOR THE DEPARTMENT OF VETERANS AFFAIRS

      Minor Works Infrastructure Preservation (06-1-002)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . . .$55,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $816,912

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $871,912

      NEW SECTION. Sec. 252. FOR THE DEPARTMENT OF CORRECTIONS

      Coyote Ridge Corrections Center: Expansion (98-2-011)

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

      (1) $179,000,000 is provided solely to design and construct a 1,280 bed medium-security prison at Coyote Ridge corrections center in Connell.

      (2) The facility shall be a publicly-owned and operated facility.

      (3) The new facility shall include at least 512 hybrid-security beds that have a lower cost to construct than conventional medium security beds but still maintain a medium security perimeter.

      (4) Design of the facility shall incorporate efficiencies in administrative space and support services realized by sharing services within the region. The department shall examine other states' and private industry standard designs, and report on how efficiencies will be incorporated into the design of the facility to the office of financial management and to legislative fiscal staff not later than September 1, 2005. Nothing in this subsection requires the department to adopt design parameters that would endanger public safety or generate increased operating costs.

      (5) Once opened, a portion of the new facility shall be used to alleviate the crowded conditions in reception at the Washington corrections center in Shelton.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$921,140

Appropriation:

      State Building Construction Account--State. . . . $179,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$986,347

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $180,907,487

      NEW SECTION. Sec. 253. FOR THE DEPARTMENT OF CORRECTIONS

      Correctional Industries Space (98-2-005)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,549,994

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,250,006

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,800,000

      NEW SECTION. Sec. 254. FOR THE DEPARTMENT OF CORRECTIONS

      Violent Offender/Truth in Sentencing Grant Administration (99-2-004)


Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . .$66,667

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . . . .$8,333

                           Subtotal Reappropriation. . . . . . . . . . . . . $75,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$505,993

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $580,993

      NEW SECTION. Sec. 255. FOR THE DEPARTMENT OF CORRECTIONS

      Monroe Corrections Center: 100-Bed Management and Segregation Unit (00-2-008)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$819,229

      State Building Construction Account--State. . . . . $18,674,000

                           Subtotal Reappropriation. . . . . . . . . .$19,493,229

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $19,944,803

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$39,438,032

      NEW SECTION. Sec. 256. FOR THE DEPARTMENT OF CORRECTIONS

      Washington State Penitentiary: Replace Electrical Supply System (02-1-024)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$425,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,878,715

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,303,715

      NEW SECTION. Sec. 257. FOR THE DEPARTMENT OF CORRECTIONS

      Washington State Penitentiary: Replace Sanitary/Domestic Water Lines (02-1-026)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$925,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,457,167

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,962,235

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,344,402

      NEW SECTION. Sec. 258. FOR THE DEPARTMENT OF CORRECTIONS

      McNeil Island Corrections Center: Replace Submarine Electric Power Cable (04-1-006)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,702,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,856,331

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,758,331

      NEW SECTION. Sec. 259. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Preservation: Facility Preservation (Minor Works) (04-1-001)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,852,961

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,052,961

      NEW SECTION. Sec. 260. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Preservation: Health, Safety, and Code (04-1-021)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,250,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,750,000

      NEW SECTION. Sec. 261. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Preservation: Infrastructure Preservation (Minor Works) (04-1-003)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,000,000

      NEW SECTION. Sec. 262. FOR THE DEPARTMENT OF CORRECTIONS

      Washington Corrections Center: Regional Infrastructure (04-2-008)

Reappropriation:

      State Building Construction Account--State. . . . . . $4,593,000

Appropriation:

      State Building Construction Account--State. . . . . $10,078,942

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$57,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,728,942

      NEW SECTION. Sec. 263. FOR THE DEPARTMENT OF CORRECTIONS

      Washington State Penitentiary: Convert BAR Units from Medium to Close Custody (04-2-004)

Reappropriation:

      State Building Construction Account--State. . . . . $15,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,209,202

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,809,202

      NEW SECTION. Sec. 264. FOR THE DEPARTMENT OF CORRECTIONS

      Washington State Penitentiary: North Close Security Compound (04-2-005)

Reappropriation:

      State Building Construction Account--State. . . . $124,000,000

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$927,000

      State Building Construction Account--State. . . . . . $5,891,000

                           Subtotal Appropriation. . . . . . . . . . . . $6,818,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $9,940,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $140,758,000

      NEW SECTION. Sec. 265. FOR THE DEPARTMENT OF CORRECTIONS

      Clallam Bay Corrections Center: Replace Support Building Roof (06-1-044)

Appropriation:

      State Building Construction Account--State. . . . . . $4,752,053

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,752,053

      NEW SECTION. Sec. 266. FOR THE DEPARTMENT OF CORRECTIONS

      Monroe Corrections Center: Health Care Facility (06-2-043)

Appropriation:

      State Building Construction Account--State. . . . . . . .$700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$44,695,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$45,395,000

      NEW SECTION. Sec. 267. FOR THE DEPARTMENT OF CORRECTIONS

      Clallam Bay Corrections Center: Install Close Custody Slider Doors (06-2-070)

Appropriation:

      State Building Construction Account--State. . . . . . . .$750,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,850,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,600,000

      NEW SECTION. Sec. 268. FOR THE DEPARTMENT OF CORRECTIONS


      Monroe Corrections Center: Improve C and D Units Security Features (06-1-046)

Appropriation:

      State Building Construction Account--State. . . . . . $2,898,269

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,898,269

      NEW SECTION. Sec. 269. FOR THE DEPARTMENT OF CORRECTIONS

      McNeil Island Corrections Center: Predesign/Design Replace/Stabilize Housing Unit Siding (06-1-005)

Appropriation:

      State Building Construction Account--State. . . . . . . .$794,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,214,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,008,000

      NEW SECTION. Sec. 270. FOR THE DEPARTMENT OF CORRECTIONS

      Mission Creek: Add 120 Beds (06-2-017)

Appropriation:

      State Building Construction Account--State. . . . . . $3,425,184

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,425,184

      NEW SECTION. Sec. 271. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Preservation: Facility Preservation (Minor Works) (06-1-035)

Appropriation:

      State Building Construction Account--State. . . . . . $3,833,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$17,200,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,033,000

      NEW SECTION. Sec. 272. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Preservation: Health, Safety, and Code (Minor Works) (06-1-027)

Appropriation:

      State Building Construction Account--State. . . . . . $4,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$18,054,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$22,154,000

      NEW SECTION. Sec. 273. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Preservation: Infrastructure Preservation (Minor Works) (06-1-025)

Appropriation:

      State Building Construction Account--State. . . . . . $3,826,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,800,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,626,000

      NEW SECTION. Sec. 274. FOR THE DEPARTMENT OF CORRECTIONS

      Omnibus Program: Programmatic Projects (Minor Works) (06-2-033)

Appropriation:

      State Building Construction Account--State. . . . . . $1,915,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,915,000

      NEW SECTION. Sec. 275. FOR THE DEPARTMENT OF CORRECTIONS

      Stafford Creek Corrections Center: Correct Security Deficiencies (06-1-013)

Appropriation:

      State Building Construction Account--State. . . . . . $1,593,266

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,593,266

      NEW SECTION. Sec. 276. FOR THE DEPARTMENT OF CORRECTIONS

      Emergency Projects (06-1-036)

      The appropriations in this section are subject to the following conditions and limitations: The appropriations are provided solely for unanticipated building or infrastructure repairs necessary for the protection of capital assets or protection of health or safety.

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$900,000

      State Building Construction Account--State. . . . . . $1,500,000

                           Subtotal Appropriation. . . . . . . . . . . . $2,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$9,600,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,000,000

      NEW SECTION. Sec. 277. FOR THE DEPARTMENT OF CORRECTIONS

      Infrastructure Projects - Savings (06-1-001)

      The appropriation in this section is subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1

      NEW SECTION. Sec. 278. FOR THE DEPARTMENT OF CORRECTIONS

      Statewide: Inflow and Infiltration Analysis (06-2-034)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

      NEW SECTION. Sec. 279. FOR THE DEPARTMENT OF CORRECTIONS

      Statewide: Telecommunications Infrastructure Master Plan (06-1-065)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $150,000

      NEW SECTION. Sec. 280. FOR THE DEPARTMENT OF CORRECTIONS

      Class II/Class III Offender Work Program Master Plan (06-2-075)

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . .$150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $150,000

      NEW SECTION. Sec. 281. FOR THE DEPARTMENT OF CORRECTIONS

      Washington Corrections Center: Predesign/Design Health Care Facility Remodel (06-2-072)

Appropriation:

      State Building Construction Account--State. . . . . . $1,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,834,000


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,034,000

      NEW SECTION. Sec. 282. FOR THE DEPARTMENT OF CORRECTIONS

      Washington State Penitentiary: Design Kitchen Improvements (06-1-007)

Appropriation:

      State Building Construction Account--State. . . . . . . .$629,552

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,221,531

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,851,083

      NEW SECTION. Sec. 283. FOR THE DEPARTMENT OF CORRECTIONS

      Washington Corrections Center for Women: Predesign/Design Replace Steamlines (06-1-018)

Appropriation:

      State Building Construction Account--State. . . . . . $1,016,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,016,000

      NEW SECTION. Sec. 284. FOR THE DEPARTMENT OF CORRECTIONS

      Washington State Penitentiary: Design South Close Security Complex (06-2-021)

Appropriation:

      State Building Construction Account--State. . . . . . $4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$54,917,295

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$58,917,295

      NEW SECTION. Sec. 285. FOR THE DEPARTMENT OF CORRECTIONS

      Statewide: Add Minimum Security Beds (06-2-950)

Appropriation:

      State Building Construction Account--State. . . . . . $7,442,997

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,773,642

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,216,639

      NEW SECTION. Sec. 286. FOR THE DEPARTMENT OF CORRECTIONS

      WCCW: Healthcare Design (06-2-066)

Appropriation:

      State Building Construction Account--State. . . . . . $1,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$7,877,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,077,000

      NEW SECTION. Sec. 287. FOR THE EMPLOYMENT SECURITY DEPARTMENT

      Employment Resource Center (05-2-001)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely to purchase and install state of the art equipment for a 40,000 square foot facility supporting work force development programs using funds available to the state in section 903(d) of the Social Security Act (Reed act).

Reappropriation:

      Unemployment Compensation Administration

                           Account--Federal. . . . . . . . . . . . . . . . .$6,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,000,000

      NEW SECTION. Sec. 288. FOR THE EMPLOYMENT SECURITY DEPARTMENT

      Walla Walla WorkSource Office: Training Room Expansion (06-2-001)

      The appropriation in this section is subject to the following conditions and limitations: This appropriation is provided solely for the construction of a training and meeting room at the Walla Walla WorkSource building using funds available to the state in section 903(d) of the Social Security Act (Reed act).

Appropriation:

      Unemployment Compensation Administration

                           Account--Federal. . . . . . . . . . . . . . . . . . $250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

 

(End of part)

 

PART 3

NATURAL RESOURCES

 

      NEW SECTION. Sec. 301. FOR THE DEPARTMENT OF ECOLOGY

      Water Supply Facilities (74-2-006)

Reappropriation:

      State Drought Preparedness--State. . . . . . . . . . . . . . . $205,000

      State and Local Improvements Revolving Account

                           (Water Supply Facilities)--State. . . . . $2,869,674

                           Subtotal Reappropriation. . . . . . . . . . .$3,074,674

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,431,709

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,506,383

      NEW SECTION. Sec. 302. FOR THE DEPARTMENT OF ECOLOGY

      Centennial Clean Water Fund (86-2-007)

Reappropriation:

      Public Works Assistance Account--State. . . . . . . . . . $287,359

      Water Quality Account--State. . . . . . . . . . . . . . . . . $1,293,656

                           Subtotal Reappropriation. . . . . . . . . . .$1,581,015

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,761,004

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,342,019

      NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF ECOLOGY

      Local Toxics Grants for Cleanup and Prevention (88-2-008)

Reappropriation:

      Local Toxics Control Account--State. . . . . . . . . . . .$8,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $250,435,524

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $258,835,524

      NEW SECTION. Sec. 304. FOR THE DEPARTMENT OF ECOLOGY

      Water Pollution Control Revolving Account (90-2-002)

Reappropriation:

      Water Pollution Control Revolving

                           Account--Federal. . . . . . . . . . . . . . . .$13,828,872

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $13,528,483

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$27,357,355

      NEW SECTION. Sec. 305. FOR THE DEPARTMENT OF ECOLOGY

      Low-Level Nuclear Waste Disposal Trench Closure (97-2-012)

Reappropriation:

      Site Closure Account--State. . . . . . . . . . . . . . . . . . .$5,131,732

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,087,335

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,219,067

      NEW SECTION. Sec. 306. FOR THE DEPARTMENT OF ECOLOGY

      Water Irrigation Efficiencies (01-H-010)

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


      (1) The reappropriations are provided solely to provide grants to conservation districts to assist the agricultural community to implement water conservation measures and irrigation efficiencies in the 16 critical basins. A conservation district receiving funds shall manage each grant to ensure that a portion of the water saved by the water conservation measure or irrigation efficiency will be placed as a purchase or a lease in the trust water rights program to enhance instream flows. The proportion of saved water placed in the trust water rights program must be equal to the percentage of the public investment in the conservation measure or irrigation efficiency. The percentage of the public investment may not exceed 85 percent of the total cost of the conservation measure or irrigation efficiency. In awarding grants, a conservation district shall give first priority to family farms.

      (2) $344,000 of the water quality account reappropriation is provided for water leases or projects in the Yakima river basin for aquifer recharge necessary to allow the use of drought wells to meet essential irrigation needs. Essential irrigation needs is defined as eighty percent of the water a farmer would ordinarily receive from the irrigation district, less the water that is actually delivered and regardless of crops grown.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$495,963

      State and Local Improvements Revolving Account

                           (Water Supply Facilities)--State. . . . . $2,983,926

      Water Quality Account--State. . . . . . . . . . . . . . . . . $1,663,103

                           Subtotal Reappropriation. . . . . . . . . . .$5,142,992

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,979,657

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,122,649

      NEW SECTION. Sec. 307. FOR THE DEPARTMENT OF ECOLOGY

      Water Measuring Devices (01-H-009)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely for water measuring devices and gauges. The department shall prioritize the distribution of water measuring devices and gauges to locations participating in the department of fish and wildlife's fish screens and cooperative compliance programs.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,611,941

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,088,059

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,700,000

      NEW SECTION. Sec. 308. FOR THE DEPARTMENT OF ECOLOGY

      Centennial Clean Water Fund (02-4-007)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the conditions and limitations of section 315, chapter 8, Laws of 2001 2nd sp. sess.

Reappropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . $5,828,687

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,874,259

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,702,946

      NEW SECTION. Sec. 309. FOR THE DEPARTMENT OF ECOLOGY

      Padilla Bay Expansion (02-2-006)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,693,690

      State Building Construction Account--State. . . . . . . .$281,734

                           Subtotal Reappropriation. . . . . . . . . . .$1,975,424

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,849,509

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,824,933

      NEW SECTION. Sec. 310. FOR THE DEPARTMENT OF ECOLOGY

      Water Pollution Control Revolving Account (02-4-002)

Reappropriation:

      Water Pollution Control Revolving

                           Account--State. . . . . . . . . . . . . . . . . .$47,002,053

      Water Pollution Control Revolving

                           Account--Federal. . . . . . . . . . . . . . . . . . $774,704

                           Subtotal Reappropriation. . . . . . . . . .$47,776,757

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $91,623,880

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $139,400,637

      NEW SECTION. Sec. 311. FOR THE DEPARTMENT OF ECOLOGY

      Water Supply Facilities (02-4-006)

Reappropriation:

      State and Local Improvements Revolving Account

                           (Water Supply Facilities)--State. . . . . $3,243,909

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,201,906

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,445,815

      NEW SECTION. Sec. 312. FOR THE DEPARTMENT OF ECOLOGY

      Centennial Clean Water Fund (04-4-007)

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

      (1) Up to $7,547,044 of the water quality account--state reappropriation is provided for the extended grant payment to metro/King county.

      (2) Up to $10,000,000 of the state building construction account--state reappropriation is provided for the extended grant payment to Spokane for the Spokane-Rathdrum Prairie aquifer.

      (3) $2,000,000 of the state building construction account--state reappropriation is provided solely for water quality facility grants for communities with a population of less than 5,000. The department shall give priority consideration to: (a) Communities subject to a regulatory order from the department of ecology for noncompliance with water quality rules; (b) projects for which design work has been completed; and (c) projects with a local match from reasonable water quality rates and charges.

      (4) $760,000 of the state building construction account--state reappropriation is provided solely for the Klickitat wastewater treatment project.

      (5) $800,000 of the state building construction account--state reappropriation is provided solely for the comprehensive irrigation district management program.

      (6) $150,000 of the water quality account--state reappropriation is provided solely to contract with a regional salmon enhancement organization for planning activities related to improving water quality in the Hood Canal, particularly research, preservation, and restoration of molluscan ecosystem including bivalves and other important filtering organisms in Hood Canal.

      (7) The remaining reappropriation in this section is provided for statewide water quality implementation and planning grants and loans. The department shall give priority consideration to projects located in basins with critical or depressed salmonid stocks.

      (8) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department shall file quarterly project progress reports with the office of financial management.

Reappropriation:

      State Building Construction Account--State. . . . . $10,981,926

      Water Quality Account--State. . . . . . . . . . . . . . . . . $8,109,075

                           Subtotal Reappropriation. . . . . . . . . .$19,091,001

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $25,958,999

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$45,050,000

      NEW SECTION. Sec. 313. FOR THE DEPARTMENT OF ECOLOGY

      Columbia Basin Ground Water Management (04-2-952)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to the department of ecology to make grants to implement the Columbia basin ground water management area plan.

Reappropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$250,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 314. FOR THE DEPARTMENT OF ECOLOGY

      Local Toxics Grants for Cleanup and Prevention (04-4-008)

Reappropriation:

      Local Toxics Control Account--State. . . . . . . . . . .$24,208,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $249,042,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $273,250,000

      NEW SECTION. Sec. 315. FOR THE DEPARTMENT OF ECOLOGY

      Site Closure - Nuclear Waste Trench Site Investigation (04-4-010)

Reappropriation:

      Site Closure Account--State. . . . . . . . . . . . . . . . . . .$1,135,470

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$5,945

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,141,415

      NEW SECTION. Sec. 316. FOR THE DEPARTMENT OF ECOLOGY

      Twin Lake Aquifer Recharge Project (04-2-951)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely to recover the department of ecology's cost in evaluating and issuing decisions on water right applications and restoration of the Twin Lakes in the Methow valley.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$715,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$35,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $750,000

      NEW SECTION. Sec. 317. FOR THE DEPARTMENT OF ECOLOGY

      Water Pollution Control Revolving Account (04-4-002)

Reappropriation:

      Water Pollution Control Revolving

                           Account--State. . . . . . . . . . . . . . . . . .$54,935,416

      Water Pollution Control Revolving

                           Account--Federal. . . . . . . . . . . . . . . .$33,730,455

                           Subtotal Reappropriation. . . . . . . . . .$88,665,871

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $65,128,587

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $153,794,458

      NEW SECTION. Sec. 318. FOR THE DEPARTMENT OF ECOLOGY

      Water Rights Purchase/Lease (04-1-005)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided for the purchase or lease of water rights. It is also provided for the purpose of improving stream and river flows in fish critical basins under the trust water rights program under chapters 90.42 and 90.38 RCW.

Reappropriation:

      State Drought Preparedness--State. . . . . . . . . . . . . .$1,470,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$30,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 319. FOR THE DEPARTMENT OF ECOLOGY

      Water Supply Facilities (04-4-006)

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

      (1)(a) $541,951 of the state building construction account reappropriation and $1,733,812 of the state and local improvements revolving account reappropriation are provided solely for expenditure under a contract between the department of ecology and the United States bureau of reclamation for the development of plans, engineering, and financing reports and other preconstruction activities associated with the development of water storage projects in the Yakima river basin, consistent with the Yakima river basin water enhancement project, P.L. 103-434. It is the intent of the legislature that the contract include provision for participation of the Yakama nation, on a government-to-government basis, in the development of plans and other preconstruction activities concerning salmon recovery and instream flow. A portion of the reappropriation shall be expended to provide for the participation of the Yakama nation. The initial water storage feasibility study shall be for the Black Rock reservoir project. The department shall seek federal funds to augment the funding provided by this appropriation.

      (b) Up to $2,240,000 of the state building construction account--state reappropriation is provided for phase 1 of restoration of anadromous fish habitat in Manastash creek.

      (c) The remainder of the state building construction account reappropriation is provided solely for grants for the development of plans, engineering and financing reports, acquiring land and facilities, and other preconstruction activities associated with the development of water storage and groundwater storage and recovery projects. Proposed projects must be consistent with the recommendations of the water storage task force and the governor's water strategy. Priority for the use of these funds must be given to: Projects that have been identified for early action through watershed plans, comprehensive irrigation district management plans, or similar plans; to projects that are part of an approved habitat conservation plan or other intergovernmental agreement; or to joint projects with federal entities such as the bureau of reclamation. The department shall develop and administer this grants program in conjunction with the departments of agriculture and fish and wildlife. Decisions regarding which projects are funded must be by unanimous agreement of all three departments. The department shall seek local and federal funds to augment the funding provided by this reappropriation.

      (2) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department shall file quarterly project progress reports with the office of financial management.

Reappropriation:

      State Building Construction Account--State. . . . . . $5,759,519

      State and Local Improvements Revolving Account

                           (Water Supply Facilities)--State. . . . . $4,779,173

                           Subtotal Reappropriation. . . . . . . . . .$10,538,692

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,111,308

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,650,000

      NEW SECTION. Sec. 320. FOR THE DEPARTMENT OF ECOLOGY

      Quad Cities Water Right Mitigation (05-2-852)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,186,549

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$13,451

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,200,000

      NEW SECTION. Sec. 321. FOR THE DEPARTMENT OF ECOLOGY

      Sunnyside Valley Irrigation District Water Conservation (05-2-851)

Reappropriation:

      State and Local Improvements Revolving Account

                           (Water Supply Facilities)--State. . . . . . .$424,085

Appropriation:

      State Building Construction Account--State. . . . . . $3,878,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$100,915

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,676,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,079,000

      NEW SECTION. Sec. 322. FOR THE DEPARTMENT OF ECOLOGY

      Water Conveyance Infrastructure Projects (05-2-850)

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

      (1) $1,500,000 of the state building construction account--state appropriation is provided solely for water conveyance facilities to implement the 1996 memorandum of agreement regarding utilization of Skagit river basin water resources for in-stream and out-of-stream purposes.

      (2) $300,000 of the state and local improvements revolving account--state appropriation is provided solely for the Bertrand watershed improvement district to address unpermitted water use and environmental compliance and fund early action planning, feasibility studies, and construction of early action projects.

      (3) $1,600,000 of the state building construction account--state appropriation is provided solely for the Middle Fork Nooksack river water diversion system.

      (4) First priority from the remaining appropriation, $1,475,000 from the state and local improvements revolving account--state appropriation, $350,000 from the state building construction account--state appropriation, and the water quality account--state appropriation, shall be the following projects: Piping in the upper Yakima river; piping for Bull canal; piping for the Lowden number 2 ditch; diversion reconstruction and piping in Beaver creek; conjunctive use of surface and ground water in the Chewuch river; replacing surface diversions with wells and consolidation of diversions in the Entiat river; replacing a check dam with a siphon on Little Naneum creek; consolidate diversions on Simcoe creek; and ground water recharge of reclaimed water on Kitsap peninsula. The purpose of this funding is to develop projects and take other water management actions that benefit streamflows and enhance water supply to resolve conflicts among water needs for municipal water supply, agricultural water supply, and fish restoration. The streamflow or other public benefits secured from these projects should be commensurate with the investment of state funds.

      (5) $50,000 of the state building construction account--state reappropriation is provided solely for Ahtanum creek watershed restoration and Pine Hollow reservoir provided there is agreement among the Yakama nation, Ahtanum irrigation district, and other jurisdictional federal, state, and local agencies and entities to proceed with the environmental impact statement.

Reappropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . . .$525,000

      State Building Construction Account--State. . . . . . $3,500,000

      State and Local Improvements Revolving Account

                           (Water Supply Facilities)--State. . . . . $1,772,949

                           Subtotal Reappropriation. . . . . . . . . . .$5,797,949

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$2,051

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,800,000

      NEW SECTION. Sec. 323. FOR THE DEPARTMENT OF ECOLOGY

      Centennial Clean Water Program (06-4-007)

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

      (1) Up to $10,000,000 of the state building construction account--state appropriation is provided for the extended grant payment to Spokane for the Spokane-Rathdrum Prairie aquifer.

      (2) $5,000,000 of the state building construction account--state appropriation is provided solely for water quality grants for hardship communities with a population of less than 5,000. The department shall give priority consideration to: (a) Communities subject to a regulatory order from the department of ecology for noncompliance with water quality rules; (b) projects for which design work has been completed; and (c) projects with a local match from reasonable water quality rates and charges.

      (3) $1,000,000 of the state building construction account--state appropriation is provided solely to design appropriate wastewater treatment facilities to serve the Hoodsport to Skokomish reservation areas of Hood Canal. The exact facilities will be based upon the recommendations from an analysis of wastewater management options for the Hoodsport to Skokomish river currently being undertaken by Mason county.

      (4) $750,000 of the state building construction account--state appropriation is provided solely for assistance in management and clean up activities at Long Lake in Kitsap county and $50,000 of the state building construction account--state appropriation is provided solely for assistance in cleaning up Wapato Lake in Pierce county. The assistance is contingent on the lake communities adopting a lake management plan that meets the department's requirement.

      (5) $320,000 of the water quality account--state appropriation is provided solely to Mason county to develop a septic system data base and identify failing septic systems in Hood Canal.

      (6) $70,000 of the water quality account--state appropriation is provided solely to Kitsap county for surveys of septic systems in Hood Canal.

      (7) $70,000 of the water quality account--state appropriation is provided solely to Jefferson county for surveys of septic systems in Hood Canal.

      (8) The remaining appropriation in this section is provided for statewide water quality implementation and planning grants and loans.

Appropriation:

      State Building Construction Account--State. . . . . $20,000,000

      Water Quality Account--State. . . . . . . . . . . . . . . . . $7,500,000

      State Toxics Control Account--State. . . . . . . . . . . $10,500,000

                           Subtotal Appropriation. . . . . . . . . . . $38,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$211,808,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $249,808,000

      NEW SECTION. Sec. 324. FOR THE DEPARTMENT OF ECOLOGY

      State Drought Preparedness (05-4-009)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The reappropriation in this section is provided solely for response to the statewide drought that was declared pursuant to chapter 43.83B RCW. The department of ecology may provide funding or compensation for purchase or lease of water rights and to public bodies as defined in RCW 43.83B.050 in connection with projects and measures designed to alleviate drought conditions which may affect: Public health and safety; drinking water supplies; agricultural activities; or fish and wildlife survival.

      (2) Projects or measures for which funding or compensation will be provided must be connected with a water system, water source, or water body which is receiving, or has been projected to receive, less than seventy-five percent of normal water supply, as the result of natural drought conditions. This reduction in water supply must be such that it is causing, or will cause, undue hardship for the entities or fish or wildlife depending on the water supply. General criteria for guidelines to be established by the department of ecology for distribution of funds must include: A balanced and equitable distribution of the funds among the different sectors affected by drought; a funding process that ensures funds are available for drought impacts that arise both early and later during the course of the drought; and preference for projects that leverage other federal and local funds.

      (3) Up to $1,500,000 of the reappropriation in this section is provided to the Roza irrigation district for the purchase or lease of water rights.

Reappropriation:

      State Drought Preparedness Account--State. . . . . . $8,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,200,000

      NEW SECTION. Sec. 325. FOR THE DEPARTMENT OF ECOLOGY

      Local Toxics Grants for Cleanup and Prevention (06-4-008)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $4,000,000 of the appropriation is provided solely for grants to local governments for local projects that implement the state "never waste" plan. Grant funds will emphasize additional organics composting and conversion, green building, and moderate risk waste projects described in the plan. Of this amount, up to $1,600,000 may be used for one-time funding for auto switch recycling consistent with the memorandum of agreement being finalized with the auto recyclers association.

      (2) $2,000,000 of the appropriation is provided for emission reduction projects for local governments to retrofit public sector diesel engines with exhaust emission control devices or to make other modifications or operational changes, including cleaner fuels, to allow public sector fleets to reduce their emissions.

      (3) $3,000,000 of the appropriation is provided solely for grants to local governments needing assistance in complying with the new phase II storm water permit requirements. Of this amount, $300,000 is provided solely for Mason county to prepare storm water management plans for Belfair and Hoodsport consistent with the storm water program in the Puget Sound conservation and recovery plan.

      (4) $60,000,000 of the appropriation is provided solely for remedial action grants. Of this amount, $1,000,000 is provided to the town of Warden to respond to contamination of their existing water system.

      (5) From within this appropriation, the department shall prepare an online guide to help small businesses and homeowners learn what to do if they discover toxic wastes on their property. The guide shall provide information about local resources for clean up and disposal of toxic wastes.

Appropriation:

      Local Toxics Control Account--State. . . . . . . . . . .$80,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $45,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . .$180,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $315,000,000

      NEW SECTION. Sec. 326. FOR THE DEPARTMENT OF ECOLOGY

      Minor Works (06-1-004)

Appropriation:

      State Building Construction Account--State. . . . . . . .$555,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $555,000

      NEW SECTION. Sec. 327. FOR THE DEPARTMENT OF ECOLOGY

      Safe Soil Remediation and Awareness Projects (06-2-001)

Appropriation:

      State Toxics Control Account--State. . . . . . . . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 328. FOR THE DEPARTMENT OF ECOLOGY

      Water Irrigation Efficiencies (06-2-009)

Appropriation:

      State Building Construction Account--State. . . . . . $3,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$14,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,500,000

      NEW SECTION. Sec. 329. FOR THE DEPARTMENT OF ECOLOGY

      Water Pollution Control Revolving Account (06-4-002)

      The appropriations in this section are subject to the following conditions and limitations: The department shall give priority loan funding consideration to on-site septic system rehabilitation and replacement programs in Mason, Kitsap, and Jefferson counties for at least $1,000,000 from the water pollution control revolving account--state in the second year of the funding cycle.

Appropriation:

      Water Pollution Control Revolving

                           Account--State. . . . . . . . . . . . . . . . .$162,839,146

      Water Pollution Control Revolving

                           Account--Federal. . . . . . . . . . . . . . . .$76,777,140

                           Subtotal Appropriation. . . . . . . . . . $239,616,286

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$912,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . .$1,151,616,286

      NEW SECTION. Sec. 330. FOR THE DEPARTMENT OF ECOLOGY

      Watershed Plan Implementation and Flow Achievement (06-2-003)

      The appropriation in this section is subject to the following conditions and limitations: $12,000,000 of the appropriation is provided solely for projects and water right acquisitions to support watershed planning efforts and achieving instream flows subject to the following project types, conditions, and limitations:

      (1) Up to $1,353,172 of the appropriation is provided to improve irrigation efficiency and to achieve associated flow improvements in the Twisp and Methow rivers by providing for cleaning and lining and/or piping of 30,943 linear feet of the irrigation canal within the lower (downstream) seven miles of the Methow Valley irrigation district's west canal. Of this amount, up to $100,000 is provided for a neutral independent consultant to provide management assistance to the Methow Valley irrigation district for purposes of identifying structural and operational improvements to increase overall system water use efficiency.

      (2) Up to $200,000 of the appropriation is provided for a portion of the costs of the project level environmental impact statement for the Ahtanum creek watershed restoration program, including construction of the Pine Hollow reservoir, provided there is agreement among the Yakama nation, Ahtanum irrigation district, and other jurisdictional federal, state, and local agencies and entities to proceed with the environmental impact statement.

      (3) Up to $75,000 of the appropriation is provided to formalize the Ahtanum creek watershed restoration program, including identification of site specific habitat improvement projects and determination of the most appropriate restoration program alternative to implement.

      (4) Up to $1,500,000 of the appropriation is provided to reduce diversions from the Dungeness river through pipeline projects identified in the Dungeness river comprehensive irrigation district management plan. For at least one year from the effective date of this section, while the parties seek resolution of the court action filed in Thurston county superior court, No. 04-2-00078-2, none of these funds may be allocated to any projects in the Dungeness river basin that are within the area that is the zone of contribution for ground and surface water infiltration to the existing Graysmarsh wetland.

      (5) $100,000 of the appropriation is provided solely to the city of Normandy Park to implement the basin plan for the Miller/Walker and Salmon creek basins.

      (6) Water storage grants for the development of plans, engineering and financing reports, acquiring lands and facilities, and other preconstruction activities associated with the development of water storage and groundwater storage and recovery projects. Proposed projects should be consistent with the recommendations of the water storage task force. The department of ecology would issue grants in consultation with the departments of agriculture and fish and wildlife.

      (7) Infrastructure improvement projects and other water management actions that benefit stream flows and enhance water supply to resolve conflicts among water needs for municipal water supply, agriculture water supply, and fish restoration. The stream flow improvements and other public benefits secured from these projects should be commensurate with the investment of state funds.

      (8) Projects for planning, acquisition, construction, and improvement of agriculture water supply facilities and achieving water conservation and water use efficiency improvements.

      (9) Financial assistance to purchase and install water measuring devices at points of diversion and withdrawal. Preference would be given to fish-critical basins, to areas participating in the department of fish and wildlife fish screening and cooperative compliance programs, and to basins where watershed planning has determined additional water diversion and withdrawal information is needed.

      (10) Funding for acquisition of either water or water rights, or both, for instream flow achievement and establishment of water accounts. The appropriation is provided for either the purchase or lease, or both, of water rights. It is also provided for the purpose of improving stream and river flows in fish critical basins under the trust water rights program under chapters 90.42 and 90.38 RCW.

      (11) The department shall provide small grants to watershed councils that have completed watershed plans. The grants are intended to support periodic meetings of the councils so that they can monitor the implementation of watershed plans.

Appropriation:

      State Building Construction Account--State. . . . . $12,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$48,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$60,000,000

      NEW SECTION. Sec. 331. FOR THE DEPARTMENT OF ECOLOGY

      Wetland Mitigation Bank Demonstration--Chehalis (06-4-950)

      The appropriation in this section is subject to the following conditions and limitations: Funding is provided for a grant to the port of Chehalis for a demonstration wetland mitigation bank.

Appropriation:

      State Building Construction Account--State. . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 332. FOR THE DEPARTMENT OF ECOLOGY

      Columbia River Initiative (06-2-010)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $6,000,000 is provided solely for feasibility studies related to off-mainstem storage projects and impacts of changing operations at the Potholes reservoir, and grant funding for the purchase and installation of water measuring devices.

      (2) Of the amount appropriated in this section, $10,000,000 may not be expended prior to enactment of state legislation that establishes the policy requirements for a new water resources and water rights management program for the Columbia river mainstem. If such legislation is not enacted prior to June 30, 2006, this amount shall lapse.

Appropriation:

      State Building Construction Account--State. . . . . $16,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$52,610,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$68,610,000

      NEW SECTION. Sec. 333. FOR THE STATE PARKS AND RECREATION COMMISSION

      Cama Beach Donation for Commons and Restroom/Bathhouse (99-2-001)

      The reappropriation in this section is subject to the following conditions and limitations: The funding is solely and directly from donations intended for this facility.

Reappropriation:

      Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $249,951

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $249,951

      NEW SECTION. Sec. 334. FOR THE STATE PARKS AND RECREATION COMMISSION

      Lewis and Clark Bicentennial (00-1-010)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely to renovate facilities and enhance exhibits at Lewis and Clark trail interpretive centers located at Sacajawea state park, Beacon Rock state park, and Cape Disappointment state park.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,437,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,037,000

      NEW SECTION. Sec. 335. FOR THE STATE PARKS AND RECREATION COMMISSION

      Major Park Renovation - Cama Beach (02-1-022)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided to complete electrical power, water, and sewer utilities, and for other park development and renovation.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,200,000

      Parks Renewal and Stewardship Account--State. . . . $200,000

                           Subtotal Reappropriation. . . . . . . . . . .$1,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,400,000

      NEW SECTION. Sec. 336. FOR THE STATE PARKS AND RECREATION COMMISSION

      Park Housing (02-2-008)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,150,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,300,000

      NEW SECTION. Sec. 337. FOR THE STATE PARKS AND RECREATION COMMISSION

      Spokane Centennial Trail - Unanticipated receipt (03-2-001)


Reappropriation:

      General Fund--Private/Local. . . . . . . . . . . . . . . . . . . . .$50,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$162,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $212,000

      NEW SECTION. Sec. 338. FOR THE STATE PARKS AND RECREATION COMMISSION

      Deception Pass Renovation (04-1-019)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is for design and permits for park and marine crew area relocation.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$100,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

      NEW SECTION. Sec. 339. FOR THE STATE PARKS AND RECREATION COMMISSION

      Historic Stewardship (04-1-010)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$650,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 340. FOR THE STATE PARKS AND RECREATION COMMISSION

      Minor Works: Facility Preservation (04-1-001)

      The reappropriations in this section are subject to the following conditions and limitations: The reappropriations in this section are provided solely to continue minor works projects that reduce the deferred maintenance backlog.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$147,269

      Parks Renewal and Stewardship Account--State. . .$2,600,000

                           Subtotal Reappropriation. . . . . . . . . . .$2,747,269

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,990,231

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,737,500

      NEW SECTION. Sec. 341. FOR THE STATE PARKS AND RECREATION COMMISSION

      Parkland Acquisition (04-2-013)

Reappropriation:

      Parkland Acquisition Account--State. . . . . . . . . . . . . $412,690

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $412,690

      NEW SECTION. Sec. 342. FOR THE STATE PARKS AND RECREATION COMMISSION

      Recreation Development (04-2-002)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) Up to $100,000 of the reappropriation shall be used to retain a consultant to conduct a predesign study for a headquarters building located in Thurston county. The predesign shall compare a new leased facility against options to build and evaluate appropriate funding strategies.

      (2) $900,000 of the reappropriation is provided solely to install fee collection stations at selected parks statewide.

      (3) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the commission shall file quarterly project progress reports with the office of financial management.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,200,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,900,000

      NEW SECTION. Sec. 343. FOR THE STATE PARKS AND RECREATION COMMISSION

      Statewide Boat Pumpout - Federal Clean Vessel Act (04-4-014)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$200,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 344. FOR THE STATE PARKS AND RECREATION COMMISSION

      Jefferson County Public Utility District Grant (05-1-006)

Reappropriation:

      Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $265,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $265,000

      NEW SECTION. Sec. 345. FOR THE STATE PARKS AND RECREATION COMMISSION

      Donation for Construction of Cama Beach State Park (06-2-853)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The commission will provide an update to the project request report on the status of the Cama Beach park before allotments are made from this appropriation.

      (2) The commission shall provide project reports to the office of financial management and the legislature every six months.

Appropriation:

      Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,916,036

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,916,036

      NEW SECTION. Sec. 346. FOR THE STATE PARKS AND RECREATION COMMISSION

      Beacon Rock - Pierce Trust (06-1-030)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation in this section is provided solely for improvements to the group camp at Beacon Rock state park.

      (2) The funding has been provided solely and directly for this project.

Appropriation:

      Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $350,000

      NEW SECTION. Sec. 347. FOR THE STATE PARKS AND RECREATION COMMISSION

      Cama Beach - New Destinations (06-2-011)

Appropriation:

      State Building Construction Account--State. . . . . . $2,820,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,700,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,520,000

      NEW SECTION. Sec. 348. FOR THE STATE PARKS AND RECREATION COMMISSION

      Coastal Parks - Renewed Traditions (06-2-012)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000


      NEW SECTION. Sec. 349. FOR THE STATE PARKS AND RECREATION COMMISSION

      Hoko River Initial Property Development (06-2-850)

Appropriation:

      State Building Construction Account--State. . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 350. FOR THE STATE PARKS AND RECREATION COMMISSION

      Cowan Barn and House (06-2-851)

Appropriation:

      State Building Construction Account--State. . . . . . . .$350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $350,000

      NEW SECTION. Sec. 351. FOR THE STATE PARKS AND RECREATION COMMISSION

      Deception Pass - Renewed Traditions (06-2-013)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,000,000

      NEW SECTION. Sec. 352. FOR THE STATE PARKS AND RECREATION COMMISSION

      Emergency and Unforeseen Needs (06-1-024)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is not intended to be used for routine maintenance.

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$3,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,500,000

      NEW SECTION. Sec. 353. FOR THE STATE PARKS AND RECREATION COMMISSION

      Facility Preservation - Facilities (06-1-004)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Up to $2,000,000 may be used toward deferred maintenance projects after the reappropriation in project 04-1-001 has been expended. A list will be provided to the office of financial management before funds from this project will be allotted for deferred maintenance.

      (2) $600,000 of the appropriation is provided solely to replace the wastewater system at Dosewallips state park.

      (3) The amount provided in this section is sufficient to repair or replace the washed out bridge on the perimeter trail at Dash Point state park.

      (4) $750,000 of the appropriation is provided solely for the city of Bellevue's acquisition of parcels between Meydenbauer Beach park and the city-owned marina.

Appropriation:

      State Building Construction Account--State. . . . . $16,750,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,750,000

      NEW SECTION. Sec. 354. FOR THE STATE PARKS AND RECREATION COMMISSION

      Federal Authority (06-2-021)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 355. FOR THE STATE PARKS AND RECREATION COMMISSION

      Fort Worden - Facilities (06-1-003)

Appropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,000,000

      NEW SECTION. Sec. 356. FOR THE STATE PARKS AND RECREATION COMMISSION

      Historic Stewardship - Stewardship (06-1-002)

Appropriation:

      State Building Construction Account--State. . . . . . $2,015,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,015,000

      NEW SECTION. Sec. 357. FOR THE STATE PARKS AND RECREATION COMMISSION

      Ice Age Floods - Cherished Resources (06-2-014)

Appropriation:

      State Building Construction Account--State. . . . . . . .$300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,300,000

      NEW SECTION. Sec. 358. FOR THE STATE PARKS AND RECREATION COMMISSION

      Local Authority (06-2-022)

Appropriation:

      Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 359. FOR THE STATE PARKS AND RECREATION COMMISSION

      Natural Resources - Stewardship (06-1-001)

Appropriation:

      State Building Construction Account--State. . . . . . . .$860,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $860,000

      NEW SECTION. Sec. 360. FOR THE STATE PARKS AND RECREATION COMMISSION

      Parkland Acquisition Account (06-2-020)

Appropriation:

      Parkland Acquisition Account--State. . . . . . . . . . . .$4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,000,000

      NEW SECTION. Sec. 361. FOR THE STATE PARKS AND RECREATION COMMISSION

      Rocky Reach - Chelan County Public Utility District (06-1-023)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation in this section is provided to construct and surface the northern mile of Rocky Reach trail, and partially fund installation of signs, interpretive panels, and bridges related to the 5.1 mile project.

      (2) The funding is provided by Chelan county public utility district solely and directly for the work referenced in subsection (1) of this section.

Appropriation:

      Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 362. FOR THE STATE PARKS AND RECREATION COMMISSION

      Statewide Boat Pumpout - Federal Clean Vessel Act (06-4-018)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 363. FOR THE STATE PARKS AND RECREATION COMMISSION

      Trails (06-2-017)

      The appropriation in this section is subject to the following conditions and limitations: $150,000 of the appropriation is provided solely for the development of the North creek trail in the city of Mill Creek.

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 364. FOR THE STATE PARKS AND RECREATION COMMISSION

      Southeast Washington Parks (06-2-852)

Appropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

      NEW SECTION. Sec. 365. FOR THE STATE PARKS AND RECREATION COMMISSION

      Park Development (06-1-950)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $250,000 is provided solely to construct a pedestrian/emergency vehicle access bridge across Connor creek to allow for beach access.

      (2) $500,000 is provided solely to determine long-term park zoning, design park amenities and services, and provide site permit and initial construction development at Nisqually-Mashel.

      (3) $150,000 is provided solely for initial park development at Sequim Bay-Miller Peninsula.

Appropriation:

      State Building Construction Account--State. . . . . . . .$900,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $900,000

      NEW SECTION. Sec. 366. FOR THE STATE PARKS AND RECREATION COMMISSION

      Revenue Creation - Financial Strategy (06-2-010)

Appropriation:

      State Building Construction Account--State. . . . . . $2,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$13,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,100,000

      NEW SECTION. Sec. 367. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Facilities Projects (BFP) (98-2-001)

Reappropriation:

      Recreation Resources Account--State. . . . . . . . . . . $4,116,820

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $15,457,191

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,574,011

      NEW SECTION. Sec. 368. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Firearms and Archery Range Program (FARP) (98-2-004)

Reappropriation:

      Firearms Range Account--State. . . . . . . . . . . . . . . . . . .$31,478

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$542,191

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $573,669

      NEW SECTION. Sec. 369. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Nonhighway Off-road Vehicle Program (NOVA) (98-2-002)

Reappropriation:

      Nonhighway and Off-Road Vehicle Activities

                           Program Account--State. . . . . . . . . . . $1,243,986

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $9,851,937

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,095,923

 

      NEW SECTION. Sec. 370. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION 

Washington Wildlife and Recreation Program (WWRP) (98-2-003)

      The reappropriations in this section are subject to the following conditions and limitations: Any amount of the reappropriations that is not obligated to a specific project may be used to fund alternate projects approved by the legislature from the same account in biennia succeeding that in which the moneys were originally appropriated.

Reappropriation:

      Outdoor Recreation Account--State. . . . . . . . . . . . .$4,547,515

      Habitat Conservation Account--State. . . . . . . . . . . .$1,170,894

                           Subtotal Reappropriation. . . . . . . . . . .$5,718,409

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $71,883,173

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$77,601,582

      NEW SECTION. Sec. 371. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Aquatic Lands Enhancement Account Reappropriation (00-2-014)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . $161,668

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,097,397

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,259,065

      NEW SECTION. Sec. 372. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Salmon Recovery Funding Board Programs (SRFB) (00-2-001)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $11,227,424

      Salmon Recovery Account--State. . . . . . . . . . . . . . $2,366,010

                           Subtotal Reappropriation. . . . . . . . . .$13,593,434

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $88,031,707

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $101,625,141

      NEW SECTION. Sec. 373. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Aquatic Lands Enhancement Grants (02-4-018)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . $213,720

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,440,712

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,654,432

      NEW SECTION. Sec. 374. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Facilities Program (BFP) (02-4-001)

Reappropriation:

      Recreation Resources Account--State. . . . . . . . . . . $2,455,586

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,478,427

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,934,013

      NEW SECTION. Sec. 375. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Infrastructure Grant (BIG) (02-4-010)

Reappropriation:

      Recreation Resources Account--Federal. . . . . . . . . $1,322,153

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$677,847

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 376. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Firearms and Archery Range Program (02-0-001)

Reappropriation:

      Firearms Range Account--State. . . . . . . . . . . . . . . . . . .$44,677

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$355,323

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $400,000

      NEW SECTION. Sec. 377. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Hatchery Management Program (02-4-009)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$3,704,190

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,495,810

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,200,000

      NEW SECTION. Sec. 378. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Land and Water Conservation Fund (02-4-005)

Reappropriation:

      Recreation Resources Account--Federal. . . . . . . . . $4,904,639

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,595,361

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,500,000

 

      NEW SECTION. Sec. 379. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      National Recreation Trails Program (NRTP) (02-4-006)

Reappropriation:

      Recreation Resources Account--Federal. . . . . . . . . . .$178,120

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,954,816

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,132,936

      NEW SECTION. Sec. 380. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Nonhighway Off-Road Vehicle (NOVA) (02-4-002)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The reappropriation for the nonhighway and off road vehicle program under RCW 46.09.170(2)(d)(i) is subject to the following conditions and limitations: A portion of the reappropriation may be used for grants to projects to research, develop, publish, and distribute informational guides and maps of nonhighway and off road vehicle trails and associated facilities meeting the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.

      (2) The reappropriation for the nonhighway and off road vehicle program under RCW 46.09.170(2)(d)(ii) is subject to the following conditions and limitations: The portion of the reappropriation that applies to grants for capital facilities may be used for grants to projects that meet the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act and do not compromise or impair sensitive natural resources. The portion of the reappropriation that applies to grants for management, maintenance, and operation of existing off road vehicle recreation facilities may be used to bring the facilities into compliance with the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.

      (3) The reappropriation for the nonhighway and off road vehicle program under RCW 46.09.170(2)(d)(iii) is subject to the following conditions and limitations: Funds may be expended for nonhighway road recreation facilities which may include recreational trails that are accessed by nonhighway roads and are intended solely for nonmotorized recreational uses.

Reappropriation:

      Nonhighway and Off-Road Vehicle Activities

                           Program Account--State. . . . . . . . . . . $1,262,736

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,264,815

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,527,551

      NEW SECTION. Sec. 381. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Salmon Recovery Funding Board Programs (SRFB) (02-4-007)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $15,785,129

      State Building Construction Account--State. . . . . . $5,283,674

                           Subtotal Reappropriation. . . . . . . . . .$21,068,803

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $53,924,197

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$74,993,000

      NEW SECTION. Sec. 382. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Wildlife and Recreation Program (WWRP) (02-4-003)

      The reappropriations in this section are subject to the following conditions and limitations: Any amount of the reappropriations that is not obligated to a specific project may be used to fund projects in the following order: (1) The department of natural resources Cypress Island project; and (2) alternate projects approved by the legislature from the same account in biennia succeeding that in which the funds were originally appropriated.

Reappropriation:

      Outdoor Recreation Account--State. . . . . . . . . . . . .$2,041,864

      Habitat Conservation Account--State. . . . . . . . . . . .$6,928,926

                           Subtotal Reappropriation. . . . . . . . . . .$8,970,790

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $36,029,210

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$45,000,000

      NEW SECTION. Sec. 383. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Aquatic Lands Enhancement (04-4-018)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . .$4,329,280

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,027,120

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,356,400

      NEW SECTION. Sec. 384. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Infrastructure Grant (BIG) (04-4-009)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$200,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 385. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Facilities Program (BFP) (04-4-003)

Reappropriation:

      Recreation Resources Account--State. . . . . . . . . . . $3,753,480

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,753,479

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,506,959

      NEW SECTION. Sec. 386. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION


      Firearms and Archery Range Program (04-4-006)

Reappropriation:

      Firearms Range Account--State. . . . . . . . . . . . . . . . . .$144,997

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$105,003

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

      NEW SECTION. Sec. 387. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Family Forest Fish Blockages Program (04-4-011)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$780,379

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,219,621

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 388. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Hatchery Management Program (04-4-010)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$7,505,749

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,494,251

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,000,000

      NEW SECTION. Sec. 389. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Land and Water Conservation Fund (04-4-007)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$2,833,091

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,901,909

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,735,000

      NEW SECTION. Sec. 390. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      National Recreation Trails Program (NRTP) (04-4-008)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,130,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,130,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,260,000

      NEW SECTION. Sec. 391. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Nonhighway and Off-Road Vehicle Activities Program (NOVA) (04-4-004)

Reappropriation:

      NOVA Program Account--State. . . . . . . . . . . . . . . .$5,492,729

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,433,581

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,926,310

      NEW SECTION. Sec. 392. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Salmon Recovery Funding Board Programs (SRFB) (04-4-001)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $32,832,305

      State Building Construction Account--State. . . . . $11,500,000

                           Subtotal Reappropriation. . . . . . . . . .$44,332,305

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$45,332,305

      NEW SECTION. Sec. 393. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Washington Wildlife and Recreation Program (WWRP) (04-4-002)

      The reappropriations in this section are subject to the following conditions and limitations: Any amount of the reappropriations that is not obligated to a specific project may be used to fund alternate projects approved by the legislature from the same account in biennia succeeding that in which the moneys were originally appropriated.

Reappropriation:

      Outdoor Recreation Account--State. . . . . . . . . . . .$12,272,014

      Habitat Conservation Account--State. . . . . . . . . . .$16,707,815

                           Subtotal Reappropriation. . . . . . . . . .$28,979,829

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $16,022,171

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$45,002,000

      NEW SECTION. Sec. 394. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Aquatic Lands Enhancement Account (06-4-018)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation in this section is provided for a list of projects in LEAP capital document No. 2005-15, developed on April 9, 2005.

      (2) The committee shall submit a list of recommended projects to be funded from the aquatic lands enhancement account in the 2007-2009 capital budget. The list shall result from a competitive grants program developed by the committee based upon, at a minimum: (a) A uniform criteria for selecting projects and awarding grants for up to fifty percent of the total project cost; (b) local community support for the project; and (c) environmental benefits to be derived from projects. The list of projects must be submitted to the office of financial management by September 15, 2006.

Appropriation:

      Aquatic Lands Enhancement Account--State. . . . . .$5,024,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$20,900,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$25,924,500

      NEW SECTION. Sec. 395. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Facilities Program (BFP) (06-4-003)

Appropriation:

      Recreation Resources Account--State. . . . . . . . . . . $8,350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$36,597,535

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$44,947,535

      NEW SECTION. Sec. 396. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Boating Infrastructure Grant (BIG) (06-4-009)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $800,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 397. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Firearms and Archery Range Program (06-4-006)

Appropriation:

      Firearms Range Account--State. . . . . . . . . . . . . . . . . .$222,300

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $777,470

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $999,770

      NEW SECTION. Sec. 398. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Family Forest Fish Passage Program (06-4-011)

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

      (1) The appropriation is provided solely for the salmon recovery funding board in consultation with the small forest landowner office of the department of natural resources and the department of fish and wildlife to provide grants to correct fish passage blockages on nonindustrial forest lands. Selection of projects must be coordinated with the other salmon recovery grant programs provided in section 403 of this act.

      (2) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the committee shall file quarterly project progress reports with the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . $4,150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,150,000

      NEW SECTION. Sec. 399. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Improve Hatchery Management (06-4-010)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$6,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$24,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$30,000,000

      NEW SECTION. Sec. 400. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Land and Water Conservation Fund (06-4-007)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$4,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$18,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$22,500,000

      NEW SECTION. Sec. 401. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Nonhighway and Off-Road Vehicle Program (NOVA) (06-4-004)

Appropriation:

      Nonhighway and Off-Road Vehicle Activities

                           Program Account--State. . . . . . . . . . . $7,579,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$39,946,858

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$47,525,858

      NEW SECTION. Sec. 402. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      National Recreation Trails Program (NRTP) (06-4-008)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$2,350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$9,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,750,000

      NEW SECTION. Sec. 403. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Salmon Recovery Funding Board Programs (SRFB) (06-4-001)

      The appropriations in this section are subject to the following conditions and limitations: The appropriations are provided solely for grants for salmon recovery efforts. These grants may include a grant to any regional recovery board and/or may include grants for additional restoration projects, monitoring activities, or other salmon recovery actions.

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $44,000,000

      State Building Construction Account--State. . . . . $18,000,000

                           Subtotal Appropriation. . . . . . . . . . . $62,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$304,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $366,000,000

      NEW SECTION. Sec. 404. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Washington Wildlife and Recreation Program (WWRP) (06-4-002)

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

      (1) The appropriation is provided for the approved list of projects in LEAP capital document No. 2005-14 as developed on April 9, 2005.

      (2) Funds appropriated for distribution according to RCW 79A.15.050 shall fulfill the uses and restrictions of each category whether the funds are distributed according to the statutory allotment, the unallocated distribution, or a reassignment of reappropriations. If the cumulative total for acquisition projects is less than the statutory requirement, the difference may be allocated to the remaining development projects.

      (3) Funds appropriated for distribution according to the provisions of RCW 79A.15.040(c) shall be allocated forty percent to local government projects and sixty percent to state agency projects. If the cumulative total of local government projects is less than forty percent of the total distribution to this category, the difference may be allocated to state agency projects.

Appropriation:

      Outdoor Recreation Account--State. . . . . . . . . . . .$25,000,000

      Habitat Conservation Account--State. . . . . . . . . . .$25,000,000

                           Subtotal Appropriation. . . . . . . . . . . $50,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$200,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $250,000,000

      NEW SECTION. Sec. 405. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

      Consolidate Salmon and Watershed Data - Pilot (06-2-950)

      The appropriation in this section is subject to the following conditions and limitations:

      The appropriation is provided solely for the conservation commission to test the effectiveness of using a web-based, single repository with mapping capabilities to track, manage, and report at local, regional, and statewide bases all habitat projects developed by the conservation districts and to test the effectiveness of a single repository for habitat data collected in a selected watershed through use of hand-held data collection devices by the departments of ecology, natural resources, and fish and wildlife.

      The commission shall be assisted by the department of information services and the governor's salmon recovery office in contracting with a qualified private vendor through an open bid process to provide the pilot program. In conjunction, the commission will work with the departments of ecology, fish and wildlife, and natural resources to select a watershed in western Washington, in which to demonstrate the effectiveness of the data repository system.

      The commission will collaborate with the natural resources agencies, the department of information services, and the governor's salmon recovery office and submit a joint report with recommendations to the legislature and the office of financial management by December 1, 2006.

Appropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 406. FOR THE STATE CONSERVATION COMMISSION

      Conservation Reserve Enhancement Program (04-4-004)

      The reappropriation in this section is subject to the following conditions and limitations: The total cumulative dollar value of state conservation reserve enhancement program grant obligations incurred by the conservation commission and conservation districts shall not exceed $20,000,000, as provided in the conservation reserve enhancement program agreement between the United States department of agriculture, commodity credit corporation, and the state of Washington executed on October 19, 1998, and subsequent amendments.

Reappropriation:

      State Building Construction Account--State. . . . . . $4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,000,000

      NEW SECTION. Sec. 407. FOR THE STATE CONSERVATION COMMISSION

      Conservation Reserve Enhancement Program (06-4-001)

      The appropriation in this section is subject to the following conditions and limitations: The total cumulative dollar value of state conservation reserve enhancement program grant obligations incurred by the conservation commission and conservation districts shall not exceed $20,000,000, as provided in the conservation reserve enhancement program agreement between the United States department of agriculture, commodity credit corporation, and the state of Washington executed on October 19, 1998, and subsequent amendments.

Appropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,000,000

      NEW SECTION. Sec. 408. FOR THE STATE CONSERVATION COMMISSION

      Conservation Reserve Enhancement Program - Loans (06-4-004)

      The appropriation in this section is subject to the following conditions and limitations: The conservation assistance revolving account appropriation is provided solely for loans under the conservation reserve enhancement program.

Appropriation:

      Conservation Assistance Revolving Account--State$1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 409. FOR THE STATE CONSERVATION COMMISSION

      Puget Sound District Grants (04-4-005)

Reappropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . . . .$75,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$765,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $840,000

      NEW SECTION. Sec. 410. FOR THE STATE CONSERVATION COMMISSION

      Puget Sound District Grants (06-4-003)

Appropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . . .$840,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$3,360,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,200,000

      NEW SECTION. Sec. 411. FOR THE STATE CONSERVATION COMMISSION

      Water Quality Grants Program (04-4-002)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,250,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,500,000

      NEW SECTION. Sec. 412. FOR THE STATE CONSERVATION COMMISSION

      Water Quality Grants Program (06-4-007)

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Water Quality Account--State. . . . . . . . . . . . . . . . . $3,000,000

                           Subtotal Appropriation. . . . . . . . . . . . $3,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,500,000

      NEW SECTION. Sec. 413. FOR THE STATE CONSERVATION COMMISSION

      Livestock Water Quality - Landowner Cost Share (06-4-006)

Appropriation:

      Water Quality Account--State. . . . . . . . . . . . . . . . . $2,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,500,000

      NEW SECTION. Sec. 414. FOR THE STATE CONSERVATION COMMISSION

      Skokomish Anaerobic Digester (06-4-009)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for a grant to the Mason conservation district for construction of an anaerobic digester in the Skokomish river watershed. Up to $50,000 of this amount may be spent on completing design concepts and feasibility analysis. The remaining funds shall be allotted only after the following has occurred: (1) Mason conservation district secures nonstate matching funds or in-kind contributions of at least twenty-five percent of the total project cost; (2) a feasibility study is completed and submitted to the Puget Sound action team and the state conservation commission; and (3) the Puget Sound action team and the state conservation commission approve the project proposal.

Appropriation:

      State Building Construction Account--State. . . . . . . .$560,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $560,000

      NEW SECTION. Sec. 415. FOR THE STATE CONSERVATION COMMISSION

      Bi-State Habitat Conservation Plan (06-1-951)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the Walla Walla bi-state habitat conservation planning effort to address habitat enhancement and endangered species protection across the Walla Walla watershed in concert with leaders and representatives of local and tribal governments, the watershed planning unit, conservation districts, environmentalists, and citizen landowners.

Appropriation:

      State Building Construction Account--State. . . . . . . .$150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $150,000

      NEW SECTION. Sec. 416. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Culvert Replacement (03-S-001)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,800,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 417. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Deschutes Hatchery (04-2-011)

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$30,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$670,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $700,000

      NEW SECTION. Sec. 418. FOR THE DEPARTMENT OF FISH AND WILDLIFE


      Facility, Infrastructure, Lands, and Access Condition Improvement (04-1-003)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,550,000

      Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . . .$40,000

                           Subtotal Reappropriation. . . . . . . . . . .$2,590,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,385,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,975,000

      NEW SECTION. Sec. 419. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Fish and Wildlife Opportunity Improvements (04-2-006)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . $152,000

      Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . .$500,000

                           Subtotal Reappropriation. . . . . . . . . . . . $652,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,450,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,102,000

      NEW SECTION. Sec. 420. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Fish and Wildlife Population and Habitat Protection (04-1-002)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$600,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,600,000

      NEW SECTION. Sec. 421. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Hatchery Reform, Retrofits, and Condition Improvement (04-1-001)

Reappropriation:

      State Building Construction Account--State. . . . . . $4,300,000

      Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . .$180,000

                           Subtotal Reappropriation. . . . . . . . . . .$4,480,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,420,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,900,000

      NEW SECTION. Sec. 422. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Internal and External Partnership Improvements (04-1-007)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $10,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $9,918,418

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,918,418

      NEW SECTION. Sec. 423. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Region 1 Office - Spokane (04-2-009)

      The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are provided solely for the construction of the eastern region headquarters office complex to be located at Mirabeau Point.

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$50,000

      Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . .$500,000

                           Subtotal Reappropriation. . . . . . . . . . . . $550,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,850,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,400,000

      NEW SECTION. Sec. 424. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Department of Fish and Wildlife Energy Savings (04-1-016)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$100,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 425. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Facility, Infrastructure, Lands, and Access Condition Improvements (06-1-002)

      The appropriations in this section are subject to the following conditions and limitations: None of the funding shall be used for developing a new public boat launch access facility at Lake Tahuyeh in Kitsap county.

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$650,000

      State Building Construction Account--State. . . . . . $6,457,000

                           Subtotal Appropriation. . . . . . . . . . . . $7,107,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$26,600,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$33,707,000

      NEW SECTION. Sec. 426. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Fish and Wildlife Opportunity Improvements (06-2-004)

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

      (1) It is the intent of the legislature that expenditures from the wildlife account--state appropriation shall only be made to the extent funds are available in the account and will not result in a reduction to other programs or activities.

      (2) It is the intent of the legislature that expenditures from the wildlife account--state appropriation shall only be made to the extent funds are available in the account and will not result in a reduction to other programs or activities.

Appropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . $300,000

      State Building Construction Account--State. . . . . . . .$500,000

      Warm Water Game Fish Account--State. . . . . . . . . . .$500,000

      Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . $1,500,000

                           Subtotal Appropriation. . . . . . . . . . . . $2,800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,900,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,700,000

      NEW SECTION. Sec. 427. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Fish and Wildlife Population and Habitat Protection (06-1-003)

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

      (1) It is the intent of the legislature that expenditures from the wildlife account--state appropriation shall only be made to the extent funds are available in the account and will not result in a reduction to other programs or activities.

      (2) It is the intent of the legislature that expenditures from the wildlife account--state appropriation shall only be made to the extent funds are available in the account and will not result in a reduction to other programs or activities.

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$2,830,000

      General Fund--Private/Local. . . . . . . . . . . . . . . . . . $3,500,000

      State Building Construction Account--State. . . . . . . .$500,000

      Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . .$600,000

                           Subtotal Appropriation. . . . . . . . . . . . $7,430,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$34,920,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$42,350,000

      NEW SECTION. Sec. 428. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Hatchery Reform, Retrofits, and Condition Improvement (06-1-001)


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

      (1) $380,000 of the state building construction account--state appropriation is provided solely to implement a pollution abatement pond and fish passage corrections or improvements at the Hoodsport hatchery.

      (2) $700,000 of the state building construction account--state appropriation is provided solely for improvements at the Columbia Springs environmental education center in Vancouver, Washington.

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$6,000,000

      General Fund--Private/Local. . . . . . . . . . . . . . . . . . $1,500,000

      Recreational Fisheries Enhancement Account--State.$400,000

      State Building Construction Account--State. . . . . . $7,350,000

                           Subtotal Appropriation. . . . . . . . . . . $15,250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$64,600,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$79,850,000

      NEW SECTION. Sec. 429. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Internal and External Partnership Improvements (06-1-005)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $10,000,000

      General Fund--Private/Local. . . . . . . . . . . . . . . . . . $3,000,000

      Game Special Wildlife Account--State. . . . . . . . . . . . $100,000

      Game Special Wildlife Account--Federal. . . . . . . . . . $400,000

      Game Special Wildlife Account--Private/Local. . . . . $700,000

                           Subtotal Appropriation. . . . . . . . . . . $14,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$51,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$65,600,000

      NEW SECTION. Sec. 430. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Sustainability and Department of Fish and Wildlife Energy Savings (06-1-009)

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,500,000

      NEW SECTION. Sec. 431. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Fish Screens (01-H-011)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$550,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $550,000

      NEW SECTION. Sec. 432. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Pollution Abatement Study (06-2-013)

Appropriation:

      State Building Construction Account--State. . . . . . . .$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 433. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Wind Power Mitigation (06-2-850)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided to support the development and implementation of a wind power alternative mitigation pilot program, the purpose of which is to maximize the habitat value of mitigation funds and streamline the mitigation process for wind power projects. The program must combine the acquisition of strategically important habitat by the department with annual funding from wind developers for restoration, management, and monitoring of these critical habitat areas. The appropriation is for the department to undertake the acquisition component of the program.

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 434. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Hatchery and Fish Acclimation Studies (06-1-952)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 435. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Forest Legacy (04-2-015)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$4,650,000

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$8,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $11,900,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$32,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$56,550,000

      NEW SECTION. Sec. 436. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Community and Technical College Trust Land Acquisition (06-2-014)

Appropriation:

      Comm/Tech College Forest Reserve Account--State$100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$558,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,658,000

      NEW SECTION. Sec. 437. FOR THE DEPARTMENT OF FISH AND WILDLIFE

      Dole Bee Be Property (06-1-950)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $950,000 is provided solely for the department to develop an interpretive nature trail, kiosk, and associated projects at the Bee Be Springs property.

      (2) $550,000 is provided solely to the department for expenses related to cost sharing with the Chelan PUD for the development of an acclimation pond near the Chelan river. Funding is contingent upon successful completion and approval of a feasibility study showing the viability of the project, no later than June 30, 2005. If the feasibility study is not completed and approved by June 30, 2005, the funds provided in this subsection shall be provided for the development of the Bee Be Springs property.

Appropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 438. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Deep Water Geoduck and Sea Cucumber Population Surveys (06-2-850)

Appropriation:

      Resources Management Cost Account--State. . . . . . .$650,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $650,000


      NEW SECTION. Sec. 439. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Molluscan Model and Monitoring (06-2-851)

Appropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . $200,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $200,500

      NEW SECTION. Sec. 440. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Marine Station Public Access (02-2-019)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . . $11,138

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$53,862

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .$65,000

      NEW SECTION. Sec. 441. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Marine Station Public Access (04-2-019)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . . $93,840

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$6,160

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

      NEW SECTION. Sec. 442. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Federal HCP Land Acquisition Grants (05-2-021)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . $19,820,630

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,820,630

      NEW SECTION. Sec. 443. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Land Bank (06-2-015)

Appropriation:

      Resources Management Cost Account--State. . . . . $5,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $10,462,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$40,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$55,462,000

      NEW SECTION. Sec. 444. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Minor Works - Preservation (06-1-001)

Appropriation:

      Forest Development Account--State. . . . . . . . . . . . . . $224,000

      Resources Management Cost Account--State. . . . . . .$384,000

      State Building Construction Account--State. . . . . . . .$144,000

      Agricultural College Trust Management Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $48,000

                           Subtotal Appropriation. . . . . . . . . . . . . .$800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,776,500

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$3,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,976,500

      NEW SECTION. Sec. 445. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Minor Works - Programmatic (06-2-002)

Appropriation:

      Forest Development Account--State. . . . . . . . . . . . . . $112,000

      Resources Management Cost Account--State. . . . . . .$192,000

      State Building Construction Account--State. . . . . . . .$447,000

      Agricultural College Trust Management Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24,000

                           Subtotal Appropriation. . . . . . . . . . . . . .$775,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,010,200

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,968,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,753,200

      NEW SECTION. Sec. 446. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Natural Areas Facilities Preservation (06-1-010)

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$658,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,298,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,456,000

      NEW SECTION. Sec. 447. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Natural Resources Real Property Replacement (06-2-013)

Appropriation:

      Natural Resources Real Property

                           Replacement Account--State. . . . . . .$30,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $28,961,300

      Future Biennia (Projected Costs). . . . . . . . . . . . .$120,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $178,961,300

      NEW SECTION. Sec. 448. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Recreation Facilities Preservation (06-1-011)

Appropriation:

      State Building Construction Account--State. . . . . . . .$865,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$698,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,840,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,403,000

      NEW SECTION. Sec. 449. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Right of Way Acquisition (06-2-006)

Appropriation:

      Forest Development Account--State. . . . . . . . . . . . . . $250,000

      Resources Management Cost Account--State. . . . . . .$750,000

                           Subtotal Appropriation. . . . . . . . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$945,409

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$5,750,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,695,409

      NEW SECTION. Sec. 450. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Riparian Open Space Program (06-2-018)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department shall file quarterly project progress reports with the office of financial management.

      (2) The department may not expend more than $100,000 of the appropriation for administrative or staff costs.

Appropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,998,600

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,498,600

      NEW SECTION. Sec. 451. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Small Timber Landowner (FREP) (06-2-019)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department shall file quarterly project progress reports with the office of financial management.

      (2) The department may not expend more than $200,000 of the appropriation for administrative or staff costs.

Appropriation:

      State Building Construction Account--State. . . . . . $8,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,750,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$40,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$55,750,000


      NEW SECTION. Sec. 452. FOR THE DEPARTMENT OF NATURAL RESOURCES

      State Lands Maintenance (06-1-004)

Appropriation:

      Forest Development Account--State. . . . . . . . . . . . . . $225,000

      Resources Management Cost Account--State. . . . . . .$375,000

                           Subtotal Appropriation. . . . . . . . . . . . . .$600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,360,814

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,900,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,860,814

      NEW SECTION. Sec. 453. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Statewide Aquatic Restoration Projects (06-2-008)

Appropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . $300,000

      State Building Construction Account--State. . . . . . . .$150,000

                           Subtotal Appropriation. . . . . . . . . . . . . .$450,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$200,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,200,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,850,000

      NEW SECTION. Sec. 454. FOR THE DEPARTMENT OF NATURAL RESOURCES

       Trust Land Transfer (06-2-012)

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

      (1) The total appropriation is provided to the department solely to transfer from trust status or enter into thirty-year timber harvest restrictive easements/leases for certain trust lands of statewide significance deemed appropriate for state park, fish and wildlife habitat, natural area preserve, natural resources conservation area, open space, or recreation purposes.

      (2) Property transferred under this section shall be appraised and transferred at fair market value. The value of the timber transferred shall be deposited by the department to the common school construction account in the same manner as timber revenues from other common school trust lands. No deduction shall be made for the resource management cost account under RCW 79.64.040. The value of the land transferred shall be deposited in the natural resources real property replacement account. These funds shall be expended by the department for the exclusive purpose of acquiring nonagricultural real property of equal value to be managed as common school trust land.

      (3) Except as provided under subsection (11) of this section, property subject to easement/lease agreements under this section shall be appraised at fair market value both with and without the imposition of the easement/lease. The entire difference in appraised value shall be deposited by the department to the common school construction fund in the same manner as lease revenues from other common school trust lands. No deduction shall be made for the resource management cost account under RCW 79.64.040.

      (4) All reasonable costs incurred by the department to implement this section are authorized to be paid out of the appropriations. Authorized costs include the actual cost of appraisals, staff time, environmental reviews, surveys, and other similar costs.

      (5) Intergrant exchanges between common school and other trust lands of equal value may occur if the exchange is in the interest of each trust, as determined by the board of natural resources.

      (6) Prior to or concurrent with conveyance of these properties, the department, with full cooperation of the receiving agencies, shall execute and record a real property instrument that dedicates the transferred properties to the purposes identified in subsection (1) of this section for a minimum period of thirty years. The department, in consultation with the receiving state agencies, shall develop policy to address requests to replace transferred properties subject to the recorded property instrument that are no longer deemed appropriate for the purposes identified in subsection (1) of this section.

      (7) The department and receiving agencies shall work in good faith to carry out the intent of this section. However, the department or receiving agencies may remove a property from the transfer list based on new, substantive information, if it is determined that transfer of the property is not in the statewide interest of either the common school trust or the receiving agency.

      (8) Except as provided in subsection (11) of this section, the department shall execute trust land transfers and easements/leases such that, after the deduction of reasonable costs as provided in subsection (4) of this section, eighty percent of the appropriation in this section is deposited in the common school construction fund. To achieve the 80:20 ratio, the department may offset transfers of property with low timber-to-land ratios with easements/leases on other properties.

      (9) On June 30, 2007, the state treasurer shall transfer all remaining uncommitted funds from this appropriation to the common school construction fund and the appropriations in this section shall be reduced by an equivalent amount.

      (10) The appropriations in this section are provided for a list of projects in LEAP capital document No. 2005-17, as developed on April 16, 2005.

      (11) The department may, after the deduction of reasonable costs as provided in subsection (4) of this section, execute leases for an initial term not to exceed fifty years, for Smugglers Cove, Cultus Bay, and Strawberry Point. Leases executed under this subsection may be renewed for an additional thirty-year period, under terms and conditions established by the department, including revaluation. Trust land transfer leases under this subsection shall not be subject to the 80:20 ratio of timber value to land value required in subsection (8) of this section. Revenues derived from leases under this subsection shall be deposited in the appropriate account as provided by law.

Appropriation:

      Natural Resources Real Property Replacement

                           Account--State. . . . . . . . . . . . . . . . . .$11,870,000

      State Building Construction Account--State. . . . . $61,610,000

                           Subtotal Appropriation. . . . . . . . . . . $73,480,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $115,228,800

      Future Biennia (Projected Costs). . . . . . . . . . . . .$201,400,000

                                      TOTAL. . . . . . . . . . . . . . . . .$390,108,800

      NEW SECTION. Sec. 455. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Wetland Grants (06-2-017)

Appropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$500,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,000,000

      NEW SECTION. Sec. 456. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Wetland Grants (04-2-004)

Reappropriation:

      General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . .$108,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$392,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 457. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Road Maintenance and Abandonment Plan Compliance: Natural Areas and Recreation (06-2-003)

Appropriation:

      State Building Construction Account--State. . . . . . . .$700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,400,000


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,100,000

      NEW SECTION. Sec. 458. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Statewide Estuarine Restoration Projects (04-2-021)

Reappropriation:

      Aquatic Lands Enhancement Account--State. . . . . . . . $80,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$120,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $200,000

      NEW SECTION. Sec. 459. FOR THE DEPARTMENT OF NATURAL RESOURCES

      Riparian Open Space Program (04-2-023)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department shall file quarterly project progress reports with the office of financial management.

      (2) The department may not expend more than $100,000 of the reappropriation for administrative or staff costs.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,500,000

      NEW SECTION. Sec. 460. FOR THE DEPARTMENT OF AGRICULTURE

      Fair Improvements (06-4-850)

Appropriation:

      State Building Construction Account--State. . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $200,000

      NEW SECTION. Sec. 461. FOR THE DEPARTMENT OF AGRICULTURE

      Hop Initiative (06-1-951)

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

 

(End of part)

 

PART 4

TRANSPORTATION

 

      NEW SECTION. Sec. 501. FOR THE WASHINGTON STATE PATROL

      Minor Work Projects (06-1-001)

Appropriation:

      State Building Construction Account--State. . . . . . . .$495,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$450,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $945,000

      NEW SECTION. Sec. 502. FOR THE DEPARTMENT OF TRANSPORTATION

      Columbia River Dredging (03-H-001)

      The reappropriation in this section is provided solely to fund the second phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The amount in this section lapses unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.

Reappropriation:

      State Building Construction Account--State. . . . . $17,700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,700,000

 

(End of part)

 

PART 5

EDUCATION

 

      NEW SECTION. Sec. 601. FOR THE STATE BOARD OF EDUCATION

      Common School Construction Account Deposits

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

      (1) $15,000,000 in fiscal year 2006 and $15,000,000 in fiscal year 2007 of the education savings account appropriation shall be deposited in the common school construction account.

      (2) $99,737,000 of the education construction account appropriation shall be deposited in the common school construction account.

Appropriation:

      Education Savings Account--State. . . . . . . . . . . . .$30,000,000

      Education Construction Account--State. . . . . . . . .$99,737,000

                           Subtotal Appropriation. . . . . . . . . . $129,737,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $129,737,000

      NEW SECTION. Sec. 602. FOR THE STATE BOARD OF EDUCATION

      Construction Assistance Grants (02-4-001)

Reappropriation:

      Common School Construction Account--State. . . $12,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $136,811,979

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $148,811,979

      NEW SECTION. Sec. 603. FOR THE STATE BOARD OF EDUCATION

      Port Angeles School District North Olympic Skills Center (04-4-852)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,500,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 604. FOR THE STATE BOARD OF EDUCATION

      School Construction Assistance Program (04-4-001)

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

      (1) The reappropriations are subject to the conditions and limitations of section 606, chapter 26, Laws of 2003 1st sp. sess. and is pro-rated based on prior expenditures.

      (2) $2,500,000 of this reappropriation is provided solely for design and construction of additional space at the new market vocational skills center.

Reappropriation:

      Common School Construction Account--State. . $160,000,000

      State Building Construction Account--State. . . . $107,050,000

                           Subtotal Reappropriation. . . . . . . . .$267,050,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $135,218,513

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $402,268,513

      NEW SECTION. Sec. 605. FOR THE STATE BOARD OF EDUCATION

      School Construction Assistance Program (06-4-100)

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


      (1) For state assistance grants for purposes of calculating square foot eligibility, kindergarten student headcount shall not be reduced by fifty percent.

      (2) $14,439,000 from this appropriation is provided solely for projects at skills centers that are included on the prioritized list of capital items and major capital project list submitted by the state board of education and $150,000 from this appropriation is provided solely for a comprehensive feasibility study for the development of a skills center in Skagit county. Skills centers shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures and the proposed expenditures shall conform to state board of education rules and procedures for reimbursement of capital items. The state board of education shall develop a plan to include skills center capital requests within the state construction assistance program.

      (3) $156,155,000 of this appropriation is provided solely to increase the area cost allowance by $12.14 per square foot for grades K-12 for fiscal year 2006, an additional $12.27 per square foot for grades K-12 for fiscal year 2007, the student square footage allocation in fiscal year 2007 in accordance with the first step in the state board of education six-year plan, and the amount of state assistance provided for modernization and new in-lieu projects to one hundred percent of the area cost allowance.

      (4) The appropriation in this section includes the amounts deposited in the common school construction account under section 601 of this act.

Appropriation:

      State Building Construction Account--State. . . . $130,200,000

      Common School Construction Account--State. . $474,853,000

                           Subtotal Appropriation. . . . . . . . . . $605,053,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . $2,832,159,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . .$3,437,212,000

      NEW SECTION. Sec. 606. FOR THE STATE BOARD OF EDUCATION

      Environmental Learning Centers (06-2-951)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $1,950,000 from this appropriation is provided solely for capital projects at the Chewelah peak learning center. The Chewelah peak learning center shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures.

      (2) $400,000 of this appropriation is provided solely for capital projects at Camp Waskowitz learning center. Camp Waskowitz shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures.

Appropriation:

      State Building Construction Account--State. . . . . . $2,350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,350,000

      NEW SECTION. Sec. 607. FOR THE STATE BOARD OF EDUCATION

      Apple Award Construction Achievement Grants (06-4-850)

      The appropriation in this section is subject to the following conditions and limitations: Grants of $25,000 are provided to public elementary schools whose students have shown the greatest combined average increase in the percentage of students meeting the fourth grade reading, mathematics, and writing standards on the Washington assessment of student learning from 2005-06 and 2006-07. $250,000 shall be available for awards in 2005-06 and $250,000 in 2006-07. The program shall be administered by the state board of education which shall determine categories for selection that provides geographic and school district size representation.

      The grants shall be used for capital construction purposes as determined by the students in the schools and approved by the district's school directors. The funds may be used exclusively for capital construction projects on school property or on other public property in the community, city, or county in which the school is located.

Appropriation:

      Education Construction Account--State. . . . . . . . . . . $500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 608. FOR THE STATE BOARD OF EDUCATION

      Small Repair Grant Program (06-2-952)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $2,370,000 of the appropriation in this section is provided solely for nonrecurring costs associated with urgent health and safety school facility repairs and renovations and minimal administrative costs associated with administering the program. The state board of education and the office of the superintendent of public instruction, after consulting with maintenance and operations administrators of school districts, shall develop criteria for providing funding for specific projects that stay within the appropriation level provided in this section. The criteria shall include, but is not limited to, the following: (a) Limiting recipient district applications to one hundred thousand dollars per three-year period; (b) limiting districts eligible to receive the grant only once in any three-year period; and (c) any district receiving funding provided in this section demonstrating a consistent commitment to addressing school facilities needs. A portion of this appropriation may be used to develop and administer the program. It is the intent of the legislature that the state board of education and the office of the superintendent of public instruction keep the administrative costs of the program to a minimum by using criteria from the prior federal rengrant program and other efficiency measures to avoid duplication.

      (2) $269,000 of the appropriation is provided solely for roof repairs in the White Pass school district.

      (3) $100,000 of the appropriation is provided solely for drainage issues related to the freshman campus and Ferguson creek in the Snohomish school district.

      (4) $261,000 of the appropriation is provided solely for fire/alarm control panels and devices in the Vashon school district.

Appropriation:

      Education Construction Account--State. . . . . . . . . .$3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 609. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

      High Performance Buildings (06-4-852)

      The appropriation in this section is subject to the following conditions and limitations: Additional funding will be provided to school districts constructing public schools to recognized standards for high performance public buildings for a transition period of three years. The districts building high performance public schools will be granted funding per school project for capital-related costs associated with the design and construction of public K-12 schools that meet or exceed comprehensive design, construction, and operating standards for high performance and sustainable school buildings. No more than $250,000 will be allotted for each elementary school built to high performance standards, no more than $350,000 will be allotted for each middle school built to high performance standards, and no more than $500,000 will be allotted to each high school built to high performance standards. These levels may be modified, in a limited manner, if specific project conditions warrant and as determined by the office of the superintendent of public instruction.

Appropriation:

      State Building Construction Account--State. . . . . . $6,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$13,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,500,000

      NEW SECTION. Sec. 610. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

      State School Construction Assistance Program Administration (06-2-001)

Appropriation:

      Common School Construction Account--State. . . . $2,279,004

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,969,379

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,554,882

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,803,265

      NEW SECTION. Sec. 611. FOR THE STATE SCHOOL FOR THE BLIND

      Kennedy, Dry, and Irwin Building Preservation (04-1-002)

      The reappropriation in this section is subject to the following conditions and limitations: All funds reappropriated to be used for funding of new physical education center.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$900,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,379,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,279,000

      NEW SECTION. Sec. 612. FOR THE STATE SCHOOL FOR THE BLIND

      Campus Preservation (06-1-003)

Appropriation:

      State Building Construction Account--State. . . . . . . .$700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,800,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,500,000

      NEW SECTION. Sec. 613. FOR THE STATE SCHOOL FOR THE DEAF

      Omnibus Minor Works - Preservation (06-1-002)

Appropriation:

      State Building Construction Account--State. . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $775,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $975,000

      NEW SECTION. Sec. 614. FOR THE STATE SCHOOL FOR THE DEAF

      Omnibus Minor Works - Safety (06-1-001)

Appropriation:

      State Building Construction Account--State. . . . . . . .$800,816

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $800,816

      NEW SECTION. Sec. 615. FOR THE HIGHER EDUCATION COORDINATING BOARD

      Snohomish, Skagit, and Island County Higher Education Needs Assessment (06-2-850)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The higher education coordinating board is directed to assess the higher education needs in Snohomish, Skagit, and Island counties and recommend to the legislature solutions to the higher education needs. Solutions that the board should consider include, but should not be limited to, establishment of new institutions, expansion of existing institutions, and colocation of institutions. In conducting its assessment, the board shall take into account but not be limited to the following: Population growth, higher education participation rates, economic demand and work force needs, and drive and commute times to existing higher education institutions.

      (2) The board may contract for an assessment of sites to meet higher education needs in the counties.

      (3) In conducting the assessment and siting study, the higher education coordinating board shall consult with the state board for community and technical colleges, the workforce training and education coordinating board, the North Snohomish, Island, and Skagit higher education consortium, and the existing research and comprehensive institutions.

      (4) The advisory committee on higher education created pursuant to chapter . . . (Engrossed Second Substitute Senate Bill No. 5441 (studying early learning, K-12, and higher education)), Laws of 2005 shall serve as a steering committee and direct the board in the conduct of the assessment and siting study.

      (5) The board shall assemble a local advisory committee to assist in the conduct of the assessment and siting study. The committee shall include: (a) The Snohomish county executive; (b) three members of the house of representatives, including two from the majority party and one from the minority party, appointed by the speaker of the house of representatives; (c) three members of the senate, including two from the majority party and one from the minority party, appointed by the president of the senate; and (d) six education or business leaders, two each from Snohomish, Island, and Skagit counties.

      (6) The recommendations to the legislature shall include, but are not limited to: (a) The type of institution or institutions to be established; (b) a business and operations plan for the institution if a new institution is recommended; (c) potential sites for establishment of an institution; (d) identification of site acquisition costs; and (e) identification of costs and a process for completing a master plan for higher education expansion.

      (7) The board shall provide an interim report to the legislature and the governor by January 15, 2006, and a final report by December 1, 2006.

Appropriation:

      Education Construction Account--State. . . . . . . . . . . $500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 616. FOR THE UNIVERSITY OF WASHINGTON

      UW Tacoma Campus Phase 2A (00-2-017)

      The reappropriation in this section is subject to the following conditions and limitations: No money from the reappropriation in this section may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,505,280

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $36,130,653

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$37,635,933

      NEW SECTION. Sec. 617. FOR THE UNIVERSITY OF WASHINGTON

      UW Tacoma Land Acquisition/Soils Remediation (01-2-029)

Reappropriation:

      Education Construction Account--State. . . . . . . . . . . $620,455

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,329,545

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,500,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,450,000

      NEW SECTION. Sec. 618. FOR THE UNIVERSITY OF WASHINGTON


      UW Bothell/Cascadia Community College - SR 522 Off Ramp (02-2-014)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,742,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$7,500

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$11,800,505

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,550,505

      NEW SECTION. Sec. 619. FOR THE UNIVERSITY OF WASHINGTON

      UW Tacoma Campus Phase 2B (02-2-027)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,356,356

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $41,992,644

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$44,349,000

      NEW SECTION. Sec. 620. FOR THE UNIVERSITY OF WASHINGTON

      Facility Preservation Backlog Reduction (04-1-951)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the reappropriation is provided solely to accomplish preservation work that improves existing state facilities in the worst relative condition for housed programs and current building occupants.

      (2) With this reappropriation, the intention is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preservation backlog reduction project funds shall be prioritized at local discretion to achieve the above stated goal, with particular attention given to buildings currently rated in adequate to marginal condition.

      (3) This section is subject to the same allotment procedures as a minor works category.

      (4) Section 906 of this act does not apply to this appropriation.

Reappropriation:

      State Building Construction Account--State. . . . . $24,227,404

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,372,596

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$28,600,000

      NEW SECTION. Sec. 621. FOR THE UNIVERSITY OF WASHINGTON

      Minor Works - Program (04-2-004)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,131,540

      University of Washington Building Account--State$2,117,650

                           Subtotal Reappropriation. . . . . . . . . . .$5,249,190

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,250,810

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,500,000

      NEW SECTION. Sec. 622. FOR THE UNIVERSITY OF WASHINGTON

      UW Campus Communications Infrastructure (04-1-011)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,500,000

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$2,000,000

                           Subtotal Reappropriation. . . . . . . . . . .$4,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,500,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$23,000,000

      NEW SECTION. Sec. 623. FOR THE UNIVERSITY OF WASHINGTON

      UW Emergency Power Expansion - Phase 1 (02-1-009)

Reappropriation:

      University of Washington Building Account--State$3,262,357

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,737,643

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,000,000

      NEW SECTION. Sec. 624. FOR THE UNIVERSITY OF WASHINGTON

      UW Emergency Power Expansion - Phase 2 (04-1-024)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,803,379

      University of Washington Building Account--State$3,148,000

                           Subtotal Reappropriation. . . . . . . . . . .$5,951,379

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$696,621

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,648,000

      NEW SECTION. Sec. 625. FOR THE UNIVERSITY OF WASHINGTON

      UW Johnson Hall Renovation (04-1-005)

Reappropriation:

      State Building Construction Account--State. . . . . . $4,470,762

      University of Washington Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15,552,000

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$20,187,630

                           Subtotal Reappropriation. . . . . . . . . .$40,210,392

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $12,844,608

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$53,055,000

      NEW SECTION. Sec. 626. FOR THE UNIVERSITY OF WASHINGTON

      Classroom Improvements (05-1-850)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,856,812

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$143,188

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,000,000

      NEW SECTION. Sec. 627. FOR THE UNIVERSITY OF WASHINGTON

      Guthrie Hall Psychology Facilities Renovation (05-2-851)

      The reappropriation in this section is subject to the following conditions and limitations: Allotment for this reappropriation is contingent on the commitment of at least three million dollars in matching federal funds for this facility.

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 628. FOR THE UNIVERSITY OF WASHINGTON

      UW Tacoma - Assembly Hall (06-2-007)

Appropriation:

      State Building Construction Account--State. . . . . . $7,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,500,000

      NEW SECTION. Sec. 629. FOR THE UNIVERSITY OF WASHINGTON

      Infectious Disease Laboratory Facilities (05-2-850)

      The reappropriation in this section is subject to the following conditions and limitations: Allotment for this reappropriation is contingent on the commitment of at least four million dollars in matching federal funds for this facility.

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0


      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,000,000

      NEW SECTION. Sec. 630. FOR THE UNIVERSITY OF WASHINGTON

      Architecture Hall Renovation (06-1-008)

      The appropriation in this section is subject to the following conditions and limitations: No money from the appropriation in this section may be expended on surge space.

Appropriation:

      State Building Construction Account--State. . . . . $21,850,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,474,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$23,324,000

      NEW SECTION. Sec. 631. FOR THE UNIVERSITY OF WASHINGTON

      Clark Hall Renovation (06-1-007)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for predesign and design of renovation of Clark Hall. The office of financial management shall not allot funding for the design until after sine die adjournment of the 2006 regular legislative session and only if the predesign has been submitted to the legislative fiscal committees and to the office of financial management for review and approval as per RCW 43.88.110(6) prior to the start of the 2006 regular legislative session.

Appropriation:

      State Building Construction Account--State. . . . . . $2,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$17,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,900,000

      NEW SECTION. Sec. 632. FOR THE UNIVERSITY OF WASHINGTON

      Guggenheim Hall Renovation (06-1-006)

      The appropriation in this section is subject to the following conditions and limitations: No money from the appropriation in this section may be expended on surge space.

Appropriation:

      State Building Construction Account--State. . . . . $24,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,812,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$26,312,000

 

      NEW SECTION. Sec. 633. FOR THE UNIVERSITY OF WASHINGTON          Health Sciences - H Wing (06-1-001)

Appropriation:

      State Building Construction Account--State. . . . . . $5,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,000,000

      NEW SECTION. Sec. 634. FOR THE UNIVERSITY OF WASHINGTON

      Minor Works - Facility Preservation (06-1-002)

Appropriation:

      University of Washington Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$88,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $109,200,000

      NEW SECTION. Sec. 635. FOR THE UNIVERSITY OF WASHINGTON

      Minor Works - Health, Safety, and Code Requirements (06-1-003)

Appropriation:

      University of Washington Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$44,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$55,000,000

      NEW SECTION. Sec. 636. FOR THE UNIVERSITY OF WASHINGTON

      Minor Works - Infrastructure Preservation (06-1-004)

Appropriation:

      University of Washington Building Account--State$5,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$20,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$25,000,000

      NEW SECTION. Sec. 637. FOR THE UNIVERSITY OF WASHINGTON

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

                           Subtotal Appropriation. . . . . . . . . . . . . . . . . . . $2

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 638. FOR THE UNIVERSITY OF WASHINGTON

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at local discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.

      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . .$25,825,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$25,825,000

      NEW SECTION. Sec. 639. FOR THE UNIVERSITY OF WASHINGTON

      Minor Works - Program (06-2-009)

Appropriation:

      State Building Construction Account--State. . . . . . . .$900,000

      University of Washington Building Account--State$3,800,000

                           Subtotal Appropriation. . . . . . . . . . . . $4,700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$20,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$24,700,000


      NEW SECTION. Sec. 640. FOR THE UNIVERSITY OF WASHINGTON

      Savery Hall Renovation (06-1-005)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for predesign and design of renovation of Savery Hall. The office of financial management shall not allot funding for the design until after sine die adjournment of the 2006 regular legislative session and only if the predesign has been submitted to the legislative fiscal committees and to the office of financial management for review and approval as per RCW 43.88.110(6) prior to the start of the 2006 regular legislative session.

Appropriation:

      State Building Construction Account--State. . . . . . $6,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$54,300,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$60,900,000

      NEW SECTION. Sec. 641. FOR THE UNIVERSITY OF WASHINGTON

      UW Playhouse Theater (05-1-004)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,000,000

      NEW SECTION. Sec. 642. FOR WASHINGTON STATE UNIVERSITY

      WSU Pullman - Education Addition Cleveland Hall (98-2-032)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $9,700,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,700,000

      NEW SECTION. Sec. 643. FOR WASHINGTON STATE UNIVERSITY

      WSU Pullman - Johnson Hall Addition-Plant Bioscience Building (00-2-007)

      The reappropriations in this section are subject to the following conditions and limitations: Allotment for this reappropriation is contingent on the commitment of at least $10,000,000 in federal funds for a related facility or addition.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$606,500

      Washington State University Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

                           Subtotal Reappropriation. . . . . . . . . . .$3,606,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $35,393,500

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$39,000,000

      NEW SECTION. Sec. 644. FOR WASHINGTON STATE UNIVERSITY

      WSU Vancouver - Student Services Center (00-2-905)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$400,000

Appropriation:

      State Building Construction Account--State. . . . . $10,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,155,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,155,000

      NEW SECTION. Sec. 645. FOR WASHINGTON STATE UNIVERSITY

      WSU Spokane Riverpoint - Academic Center Building: New Facility (00-2-906)

      The reappropriation in this section is subject to the following conditions and limitations: It is intended that the project funded in this section shall constitute the university's highest capital project priority through the 2005-07 biennium.

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$20,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $13,350,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$33,850,000

      NEW SECTION. Sec. 646. FOR WASHINGTON STATE UNIVERSITY

      Facility Preservation Backlog Reduction (04-1-951)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the reappropriation is provided solely to accomplish preservation work that improves existing state facilities in the worst relative condition for housed programs and current building occupants.

      (2) With this reappropriation, the legislature intends to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preservation backlog reduction project funds shall be prioritized at local discretion to achieve the above stated goal, with particular attention given to buildings currently rated in adequate to marginal condition.

      (3) This section is subject to the same allotment procedures as a minor works category.

      (4) Section 906 of this act does not apply to this appropriation.

Reappropriation:

      State Building Construction Account--State. . . . . . $3,000,000

      Washington State University Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

                           Subtotal Reappropriation. . . . . . . . . . .$4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $38,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$42,000,000

      NEW SECTION. Sec. 647. FOR WASHINGTON STATE UNIVERSITY

      WSU Spokane - Nursing Building at Riverpoint (04-2-941)

      The reappropriation in this section is subject to the following conditions and limitations: Upon completion of construction of this facility at the Riverpoint campus in Spokane, the existing land and facilities housing the intercollegiate nursing center adjacent to Spokane Falls Community College shall be transferred to the state board for community and technical colleges for the use of community college district 17, community colleges of Spokane.

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,500,000

Appropriation:

      State Building Construction Account--State. . . . . $31,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,500,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$34,600,000

      NEW SECTION. Sec. 648. FOR WASHINGTON STATE UNIVERSITY

      WSU Tri-Cities - Bioproducts Facility (04-2-940)

      The appropriations in this section are subject to the following conditions and limitations: Allotment for this appropriation is contingent on the commitment of at least an additional $10,000,000 provided through a lease revenue structure secured by a twenty year lease with Battelle and authorized in section 909(6) of this act.

Appropriation:

      State Building Construction Account--State. . . . . $13,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,650,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,750,000

      NEW SECTION. Sec. 649. FOR WASHINGTON STATE UNIVERSITY

      Center for Precision Agriculture (06-2-850)

Appropriation:

      State Building Construction Account--State. . . . . . $2,800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,800,000

      NEW SECTION. Sec. 650. FOR WASHINGTON STATE UNIVERSITY

      WSU Pullman - Biotechnology/Life Sciences 2 (04-2-085)

Reappropriation:

      Washington State University Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,250,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$45,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$49,650,000

      NEW SECTION. Sec. 651. FOR WASHINGTON STATE UNIVERSITY

      WSU Vancouver - Campus Utilities/Infrastructure: Infrastructure (04-2-916)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,300,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,300,000

      NEW SECTION. Sec. 652. FOR WASHINGTON STATE UNIVERSITY

      WSU Prosser - Multipurpose Building (04-2-942)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$400,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 653. FOR WASHINGTON STATE UNIVERSITY

      Agricultural Research Facility Renovation and Repair (05-2-952)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The reappropriation is provided solely for facility construction, renovation, and repair at agricultural research facilities other than in Pullman.

      (2) Washington State University shall retain ownership of 22 acres of the lower pasture area south of the WSU Puyallup research campus and continue its existing use for agricultural research.

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . $350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$150,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 654. FOR WASHINGTON STATE UNIVERSITY

      Campus Infrastructure (06-1-073)

Appropriation:

      State Building Construction Account--State. . . . . . $7,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$28,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$35,000,000

      NEW SECTION. Sec. 655. FOR WASHINGTON STATE UNIVERSITY

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

                           Subtotal Appropriation. . . . . . . . . . . . . . . . . . . $2

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 656. FOR WASHINGTON STATE UNIVERSITY

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at local discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.

      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . .$10,115,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,115,000

      NEW SECTION. Sec. 657. FOR WASHINGTON STATE UNIVERSITY

      Equipment Omnibus (06-2-003)

Appropriation:

      Washington State University Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,000,000

      NEW SECTION. Sec. 658. FOR WASHINGTON STATE UNIVERSITY

      Minor Capital Improvements (MCI) (06-2-002)

Appropriation:

      Washington State University Building Account--

                           State. . . . . . . . . . . . . . . . . . . . . . . . . . .$6,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,000,000

      NEW SECTION. Sec. 659. FOR WASHINGTON STATE UNIVERSITY

      Minor Works - Facility Preservation (06-1-001)

Appropriation:


      State Building Construction Account--State. . . . . $25,000,000

      Washington State University Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,500,000

                           Subtotal Appropriation. . . . . . . . . . . $30,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . .$120,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $150,500,000

      NEW SECTION. Sec. 660. FOR WASHINGTON STATE UNIVERSITY

      Minor Works - Health, Safety, and Code (06-1-002)

Appropriation:

      Washington State University Building Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,000,000

      NEW SECTION. Sec. 661. FOR WASHINGTON STATE UNIVERSITY

      WSU Vancouver: Applied Technology and Classroom Building (06-2-950)

Appropriation:

      State Building Construction Account--State. . . . . . . .$150,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$31,700,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$31,850,000

      NEW SECTION. Sec. 662. FOR WASHINGTON STATE UNIVERSITY

      WSU Vancouver: Undergraduate Classroom Building (06-2-951)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for predesign and design of an undergraduate classroom building. The office of financial management shall not allot funding for the design until after sine die adjournment of the 2006 regular legislative session and only if the predesign has been submitted to the legislative fiscal committees and to the office of financial management for review and approval as per RCW 43.88.110(6) prior to the start of the 2006 regular legislative session.

Appropriation:

      State Building Construction Account--State. . . . . . $3,650,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$22,150,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$25,800,000

      NEW SECTION. Sec. 663. FOR EASTERN WASHINGTON UNIVERSITY

      EWU Computing and Engineering Sciences Building (Cheney Hall) (00-2-009)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,059,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $19,841,482

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$22,900,482

      NEW SECTION. Sec. 664. FOR EASTERN WASHINGTON UNIVERSITY

      EWU Senior Hall Renovation (00-1-003)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$9,938,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,493,012

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,431,012

      NEW SECTION. Sec. 665. FOR EASTERN WASHINGTON UNIVERSITY

      EWU Campus Network Upgrade (04-2-003)

Reappropriation:

      Eastern Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$2,215,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,160,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,375,000

      NEW SECTION. Sec. 666. FOR EASTERN WASHINGTON UNIVERSITY

      Cheney Hall Renovation (06-1-703)

Appropriation:

      State Building Construction Account--State. . . . . . $2,002,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,002,000

      NEW SECTION. Sec. 667. FOR EASTERN WASHINGTON UNIVERSITY

      Hargreaves Hall Renovation (06-1-701)

Appropriation:

      State Building Construction Account--State. . . . . . $1,414,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$10,821,204

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,235,204

      NEW SECTION. Sec. 668. FOR EASTERN WASHINGTON UNIVERSITY

      EWU Minor Works - Preservation (02-1-003)

Reappropriation:

      Eastern Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $566,168

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,433,832

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,000,000

      NEW SECTION. Sec. 669. FOR EASTERN WASHINGTON UNIVERSITY

      EWU Water System Preservation and Expansion (02-1-008)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$196,072

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,039,928

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,236,000

      NEW SECTION. Sec. 670. FOR EASTERN WASHINGTON UNIVERSITY

      EWU Infrastructure Preservation (04-1-006)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,600,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,850,000

      NEW SECTION. Sec. 671. FOR EASTERN WASHINGTON UNIVERSITY

      EWU University Visitor Center and Formal Entry (04-2-010)

Reappropriation:

      Eastern Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $900,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$75,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $975,000

      NEW SECTION. Sec. 672. FOR EASTERN WASHINGTON UNIVERSITY

      Facility Preservation Backlog Reduction (04-1-952)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., this reappropriation is provided solely to accomplish preservation work that improves existing state facilities in the worst relative condition for housed programs and current building occupants.

      (2) With this reappropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preservation backlog reduction project funds shall be prioritized at local discretion to achieve the above stated goal, with particular attention given to buildings currently rated in adequate to marginal condition.

      (3) This section is subject to the same allotment procedures as a minor works category.

      (4) Section 906 of this act does not apply to this reappropriation.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,750,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,250,000

      NEW SECTION. Sec. 673. FOR EASTERN WASHINGTON UNIVERSITY

      Minor Works - Facility Preservation (06-1-710)

Appropriation:

      State Building Construction Account--State. . . . . . $8,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$32,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$40,000,000

      NEW SECTION. Sec. 674. FOR EASTERN WASHINGTON UNIVERSITY

      Minor Works - Health Safety and Code Compliance (06-1-711)

Appropriation:

      State Building Construction Account--State. . . . . . $5,700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,700,000

      NEW SECTION. Sec. 675. FOR EASTERN WASHINGTON UNIVERSITY

      Minor Works - Infrastructure Preservation (06-1-712)

Appropriation:

      State Building Construction Account--State. . . . . . $4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$15,500,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,500,000

      NEW SECTION. Sec. 676. FOR EASTERN WASHINGTON UNIVERSITY

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

                           Subtotal Appropriation. . . . . . . . . . . . . . . . . . . $2

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 677. FOR EASTERN WASHINGTON UNIVERSITY

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at local discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.

      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . . .$2,217,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,217,000

      NEW SECTION. Sec. 678. FOR EASTERN WASHINGTON UNIVERSITY

      Minor Works Program (06-2-006)

Appropriation:

      State Building Construction Account--State. . . . . . $6,600,000

      Eastern Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$9,000,000

                           Subtotal Appropriation. . . . . . . . . . . $15,600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$44,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$59,600,000

      NEW SECTION. Sec. 679. FOR CENTRAL WASHINGTON UNIVERSITY

      Music Education Facility (00-2-001)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $24,600,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$26,600,000

      NEW SECTION. Sec. 680. FOR CENTRAL WASHINGTON UNIVERSITY

      CWU/Des Moines Higher Education Center (02-2-101)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $10,575,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$12,575,000

      NEW SECTION. Sec. 681. FOR CENTRAL WASHINGTON UNIVERSITY

      Combined Utility Upgrade (04-1-952)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,800,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,400,000

      NEW SECTION. Sec. 682. FOR CENTRAL WASHINGTON UNIVERSITY

      CWU/Moses Lake Higher Education Center (04-2-031)

Reappropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $280,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$320,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $600,000

      NEW SECTION. Sec. 683. FOR CENTRAL WASHINGTON UNIVERSITY


      Minor Works - Program (04-2-028)

Reappropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,600,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 684. FOR CENTRAL WASHINGTON UNIVERSITY

      CWU/Wenatchee Higher Education Center (05-2-850)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,500,000

      NEW SECTION. Sec. 685. FOR CENTRAL WASHINGTON UNIVERSITY

      Minor Works - Health, Safety, and Code Requirements (05-1-850)

Reappropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$50,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $450,000

      NEW SECTION. Sec. 686. FOR CENTRAL WASHINGTON UNIVERSITY

      Minor Works - Infrastructure (05-1-851)

Reappropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$113,500

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $713,500

      NEW SECTION. Sec. 687. FOR CENTRAL WASHINGTON UNIVERSITY

      Combined Utilities (06-1-007)

Appropriation:

      State Building Construction Account--State. . . . . . $4,400,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,400,000

      NEW SECTION. Sec. 688. FOR CENTRAL WASHINGTON UNIVERSITY

      Dean Hall Renovation (06-1-004)

Appropriation:

      State Building Construction Account--State. . . . . . $2,200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$18,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,600,000

      NEW SECTION. Sec. 689. FOR CENTRAL WASHINGTON UNIVERSITY

      Minor Works - Facility Preservation (06-1-003)

Appropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$2,058,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$6,080,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,138,000

      NEW SECTION. Sec. 690. FOR CENTRAL WASHINGTON UNIVERSITY

      Minor Works - Health, Safety, and Code Requirements (06-1-001)

Appropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$3,200,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,000,000

      NEW SECTION. Sec. 691. FOR CENTRAL WASHINGTON UNIVERSITY

      Minor Works - Infrastructure Preservation (06-1-002)

Appropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$1,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$4,400,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,500,000

      NEW SECTION. Sec. 692. FOR CENTRAL WASHINGTON UNIVERSITY

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

                           Subtotal Appropriation. . . . . . . . . . . . . . . . . . . $2

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 693. FOR CENTRAL WASHINGTON UNIVERSITY

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at local discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.

      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . . .$2,422,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,422,000

      NEW SECTION. Sec. 694. FOR CENTRAL WASHINGTON UNIVERSITY

      Minor Works Program (06-2-005)

Appropriation:

      Central Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$4,390,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0


      Future Biennia (Projected Costs). . . . . . . . . . . . . .$14,272,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$18,662,000

      NEW SECTION. Sec. 695. FOR CENTRAL WASHINGTON UNIVERSITY

      Nicholson Pavilion Indoor Air/Asbestos (06-1-008)

Appropriation:

      State Building Construction Account--State. . . . . . $4,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,100,000

      NEW SECTION. Sec. 696. FOR THE EVERGREEN STATE COLLEGE

      Seminar Building Phase II - Construction (02-2-004)

      The reappropriation in this section is subject to the following conditions and limitations: The reappropriation shall not be used for

vehicles, laptop computers, small printers, disposable items, or other items with a useful life of less than one year.

Reappropriation:

      The Evergreen State College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $42,550,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$43,250,000

      NEW SECTION. Sec. 697. FOR THE EVERGREEN STATE COLLEGE

      Daniel J. Evans Building - Modernization (04-2-006)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$15,500,000

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$22,250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $7,000,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$44,750,000

      NEW SECTION. Sec. 698. FOR THE EVERGREEN STATE COLLEGE

      Facility Preservation Backlog Reduction (04-1-951)

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., this reappropriation is provided solely to accomplish preservation work that improves existing state facilities in the worst relative condition for housed programs and current building occupants.

      (2) With this reappropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preservation backlog reduction project funds shall be prioritized at local discretion to achieve the above stated goal, with particular attention given to buildings currently rated in adequate to marginal condition.

      (3) This section is subject to the same allotment procedures as a minor works category.

      (4) Section 906 of this act does not apply to this reappropriation.

Reappropriation:

      State Building Construction Account--State. . . . . . . .$300,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,950,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,250,000

      NEW SECTION. Sec. 699. FOR THE EVERGREEN STATE COLLEGE

      Infrastructure Preservation (04-1-001)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,950,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,550,000

      NEW SECTION. Sec. 700. FOR THE EVERGREEN STATE COLLEGE

      Minor Works - Health, Safety, and Code (04-1-004)

Reappropriation:

      The Evergreen State College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,800,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,500,000

      NEW SECTION. Sec. 701. FOR THE EVERGREEN STATE COLLEGE

      Health, Safety, and Code Requirements (06-1-002)

Appropriation:

      The Evergreen State College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,000,000

      NEW SECTION. Sec. 702. FOR THE EVERGREEN STATE COLLEGE

      Infrastructure Preservation (06-1-004)

Appropriation:

      The Evergreen State College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,450,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,450,000

      NEW SECTION. Sec. 703. FOR THE EVERGREEN STATE COLLEGE

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

                           Subtotal Appropriation. . . . . . . . . . . . . . . . . . . $2

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 704. FOR THE EVERGREEN STATE COLLEGE

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at local discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.

      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . . . . $760,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $760,000

      NEW SECTION. Sec. 705. FOR THE EVERGREEN STATE COLLEGE

      Lab I First Floor Class/Laboratory Renovation (06-2-001)

Appropriation:

      State Building Construction Account--State. . . . . . $3,100,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,100,000

      NEW SECTION. Sec. 706. FOR THE EVERGREEN STATE COLLEGE

      Minor Works - Facility Preservation (06-1-003)

Appropriation:

      The Evergreen State College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,000,000

      NEW SECTION. Sec. 707. FOR THE EVERGREEN STATE COLLEGE

      Minor Works Program (06-2-005)

Appropriation:

      The Evergreen State College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$2,725,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,225,000

      NEW SECTION. Sec. 708. FOR THE EVERGREEN STATE COLLEGE

      Prevention and Intervention Study to Stabilize Inmate Population (06-2-952)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the Washington state institute for public policy to study options to stabilize future prison population. The legislature intends to examine options that could stabilize the adult inmate population growth at the projected 2007 level in order to avoid construction of major prison facilities after construction of the Coyote Ridge correctional center. To do this, the legislature finds that sentencing options need to be examined in conjunction with prevention and intervention programs. The legislature finds that existing and current research underway by the Washington state institute for public policy can be synthesized to develop these options, in conjunction with sentencing options that will be developed by the sentencing guidelines commission. The Washington state institute for public policy shall build on the study required by chapter . . . (Engrossed Substitute Senate Bill No. 5763 (mental disorders treatment)), Laws of 2005, and study the net short-run and long-run fiscal savings to state and local governments of implementing evidence-based treatment human service and corrections programs and policies, including prevention and intervention programs, sentencing alternatives, and the use of risk factors in sentencing. The institute shall use the results from its 2004 report on cost-beneficial prevention and early intervention programs and its work on effective adult corrections programs to project total fiscal impacts under alternative implementation scenarios. The institute shall provide an interim report to the appropriate committees of the legislature by January 1, 2006, and a final report by October 1, 2006.

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . . .$50,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .$50,000

      NEW SECTION. Sec. 709. FOR THE EVERGREEN STATE COLLEGE

      Schools for the Deaf and Blind Comparative Study (06-2-951)

      The appropriation in this section is subject to the following conditions and limitations: $50,000 is provided solely for the Washington state institute for public policy to conduct a study of governance, financing, and service delivery at the state school for the deaf and the state school for the blind. The study shall compare the costs, operations, and educational approach of the two schools, including differences in the cultural and educational needs of the populations served; the extent of collaboration with public schools; and alignment between current and future service delivery, current capital facilities, and the schools' ten-year capital plans. The study shall also include a comparison to services provided in public schools; recommend how the schools could configure service delivery to complement and support school district programs; and examine which state agency should have responsibility for governance and oversight of the schools. To reduce duplication, the institute may update studies of the state school for the deaf conducted in 2002. The institute shall submit the comparative study to the appropriate policy and fiscal committees of the legislature by December 1, 2005.

Appropriation:

      Charitable, Educational, Penal, and Reformatory

                           Institutions Account--State. . . . . . . . . . . .$50,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .$50,000

      NEW SECTION. Sec. 710. FOR WESTERN WASHINGTON UNIVERSITY

      Campus Infrastructure Development (98-2-024)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,420,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $14,859,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,279,000

      NEW SECTION. Sec. 711. FOR WESTERN WASHINGTON UNIVERSITY

      Academic Instructional Center (02-2-026)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,000,000

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$51,438,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,733,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$57,171,000

 

      NEW SECTION. Sec. 712. FOR WESTERN WASHINGTON UNIVERSITY

      Communications Facility (98-2-053)

Reappropriation:

      Western Washington University Capital

                           Projects Account--State. . . . . . . . . . . . . $350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $36,043,400

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$36,393,400


      NEW SECTION. Sec. 713. FOR WESTERN WASHINGTON UNIVERSITY

      Bond Hall Renovation/Asbestos Abatement (04-1-080)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$4,500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$400,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,900,000

      NEW SECTION. Sec. 714. FOR WESTERN WASHINGTON UNIVERSITY

      Campus Roadway Development (04-2-073)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The purpose of the reappropriation is to complete a predesign of potential south campus roadway options and general circulation issues that avoids significant impacts on adjacent neighborhoods and conforms to the city of Bellingham traffic plans.

      (2) The predesign shall also investigate options to achieve higher rates of alternative modes of transportation among faculty, staff, and students, minimize surface parking, and make improvements for traffic circulation, including public transit. Safe movement of pedestrians and bicyclists shall be a priority.

      (3) Allotment for predesign is contingent upon the completion of a communication and public involvement plan for this project that is consistent with the significant projects section of the Western Washington University institutional master plan and adjacent neighborhood plans adopted by the city of Bellingham, the city of Bellingham Western Washington University neighborhood plan, and the neighborhood meeting requirements contained in Bellingham municipal code 20.40.060. The communication and public involvement plan shall seek to maximize public input through coordination of the planning effort with established neighborhood advisory groups and boards recognized by the city of Bellingham.

Reappropriation:

      Western Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . . $38,826

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$290,174

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,625,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,954,000

      NEW SECTION. Sec. 715. FOR WESTERN WASHINGTON UNIVERSITY

      Facility Preservation Backlog Reduction (04-1-952)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the reappropriation is provided solely to accomplish preservation work that improves existing state facilities in the worst relative condition for housed programs and current building occupants.

      (2) With this reappropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preservation backlog reduction project funds shall be prioritized at local discretion to achieve the above stated goal, with particular attention given to buildings currently rated in adequate to marginal condition.

      (3) This section is subject to the same allotment procedures as a minor works category.

      (4) Section 906 of this act does not apply to this reappropriation.

Reappropriation:

      State Building Construction Account--State. . . . . . $1,950,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,300,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,250,000

      NEW SECTION. Sec. 716. FOR WESTERN WASHINGTON UNIVERSITY

      Miller Hall Renovation (04-1-953)

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$62,418

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$187,582

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$34,750,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$35,000,000

      NEW SECTION. Sec. 717. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Health, Safety, and Code (04-1-074)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$650,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 718. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Infrastructure Preservation (04-1-075)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$130,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,420,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,550,000

      NEW SECTION. Sec. 719. FOR WESTERN WASHINGTON UNIVERSITY

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

                           Subtotal Appropriation. . . . . . . . . . . . . . . . . . . $2

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 720. FOR WESTERN WASHINGTON UNIVERSITY

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at local discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.


      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . . .$3,614,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,614,000

      NEW SECTION. Sec. 721. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Program (04-2-077)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$200,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$350,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $550,000

      NEW SECTION. Sec. 722. FOR WESTERN WASHINGTON UNIVERSITY

      Shannon Point Marine - Undergraduate Center (04-2-059)

      The reappropriation in this section is subject to the following conditions and limitations: Any further appropriations for equipment or furnishings shall be met with local funds.

Reappropriation:

      Western Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$4,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$998,329

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,998,329

      NEW SECTION. Sec. 723. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Facility Preservation (06-1-083)

Appropriation:

      State Building Construction Account--State. . . . . . $4,290,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,290,000

      NEW SECTION. Sec. 724. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Health, Safety, and Code (06-1-082)

Appropriation:

      State Building Construction Account--State. . . . . . $2,580,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$8,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$10,580,000

      NEW SECTION. Sec. 725. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Infrastructure Preservation (06-1-084)

Appropriation:

      State Building Construction Account--State. . . . . . $2,630,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$12,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,630,000

      NEW SECTION. Sec. 726. FOR WESTERN WASHINGTON UNIVERSITY

      Minor Works - Program (06-2-085)

Appropriation:

      Western Washington University Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$8,900,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$36,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$44,900,000

      NEW SECTION. Sec. 727. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Lewis and Clark Interpretive Infrastructure Grant (02-4-001)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,806,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$194,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 728. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Pacific-Lewis and Clark Station Camp Park Project (02-S-001)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,047,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,505,226

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,552,226

      NEW SECTION. Sec. 729. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Washington Heritage Projects (02-4-004)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$399,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,601,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,000,000

      NEW SECTION. Sec. 730. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Stadium Way Research Center-Code Violation Correction (04-1-003)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$293,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$168,200

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $461,200

      NEW SECTION. Sec. 731. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Washington Heritage Projects (04-4-004)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,563,339

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$436,661

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,000,000

      NEW SECTION. Sec. 732. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Olympia - State Capital Museum: Building Preservation (06-1-003)

Appropriation:

      State Building Construction Account--State. . . . . . . .$330,694

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $330,694

      NEW SECTION. Sec. 733. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Statewide - Washington Heritage Project Grants (06-4-004)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation is subject to the provisions of RCW 27.34.330.

      (2) The appropriation is provided solely for the following list of projects:

 

Project                                                       Amount Recommended

Whatcom museum of history and art                                  $133,303

Fort Walla Walla museum                                                  $150,000

Northwest maritime center                                                 $345,000

Squaxin Island tribal museum library and research center $210,539

Confluence project                                                             $500,000

City of Tumwater                                                                 $70,901

City of Tacoma                                                                   $350,000

Fox theater                                                                          $102,000

Shoreline historical museum                                              $143,578

Metro park district of Tacoma                                              $35,000

Seattle parks department                                                    $150,000

Armed forces and aerospace museum                                $295,000


City of Lynnwood                                                                $85,294

Meadowbrook farm interpretive center                                $72,149

Center for wooden boats                                                     $100,000

Bainbridge Island historical society                                   $207,957

Quileute tribal council                                                        $150,000

Northwest railway museum                                                $360,000

Port Gamble S'Klallam tribe                                              $363,579

Concrete heritage museum association                                 $12,750

Quincy Valley historical society and museum                     $23,300

Foss waterway development authority                               $250,000

Broadway center for the performing arts                            $225,000

Village theatre                                                                      $65,581

White river valley museum                                                  $99,069

Cascade land conservancy                                                  $112,500

TOTAL                                                                          $4,612,500

Appropriation:

      State Building Construction Account--State. . . . . . $4,612,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$16,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,612,500

      NEW SECTION. Sec. 734. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Tacoma - Research Center: Building Preservation (06-1-002)

Appropriation:

      State Building Construction Account--State. . . . . . . .$181,650

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $181,650

      NEW SECTION. Sec. 735. FOR THE WASHINGTON STATE HISTORICAL SOCIETY

      Tacoma-State History Museum Building Preservation (06-1-001)

Appropriation:

      State Building Construction Account--State. . . . . . . .$481,344

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $481,344

      NEW SECTION. Sec. 736. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

      History and American Indian Education Classrooms (06-2-002)

Appropriation:

      State Building Construction Account--State. . . . . . . .$156,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $156,000

      NEW SECTION. Sec. 737. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

      Museum Preservation (06-1-001)

      The appropriation in this section is subject to the following conditions and limitations: $114,000 is provided solely for exterior preservation and sewer line repair of historic Campbell house and Carriage house. The balance of the request is for unforeseen emergencies that might endanger the museum structures or the valuable collections they contain, or affect staff and visitor health and safety.

Appropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$35,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$1,150,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,435,000

      NEW SECTION. Sec. 738. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clark College: Clark Center at WSU Vancouver (00-2-680)

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$27,902

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$14,860,252

                           Subtotal Reappropriation. . . . . . . . . .$14,888,154

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,885,646

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,773,800

      NEW SECTION. Sec. 739. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Highline Community College: Higher Education Center/Childcare (00-2-678)

      The reappropriations in this section are subject to the following conditions and limitations: Up to $550,000 may be used to develop additional parking needed to support this project.

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $320,035

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,400,406

                           Subtotal Reappropriation. . . . . . . . . . .$1,720,441

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $19,726,559

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,447,000

      NEW SECTION. Sec. 740. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Pierce College Puyallup: Phase III Expansion (00-2-676)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$5,101,510

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $20,233,464

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$25,334,974

      NEW SECTION. Sec. 741. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Puget Sound Community College: Humanities/General Education Complex (00-2-679)

Reappropriation:

      State Building Construction Account--State. . . . . . $8,875,459

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $10,379,789

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$19,255,248

      NEW SECTION. Sec. 742. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Whatcom Community College: Classroom/Lab Building (00-2-677)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$219,893

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $11,684,407

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,904,300

      NEW SECTION. Sec. 743. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Yakima Valley Community College: Higher Education Center (00-2-954)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$777,312

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $19,722,688

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,500,000

      NEW SECTION. Sec. 744. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Green River Community College: Science Building (01-2-688)

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $957,375

Appropriation:

      State Building Construction Account--State. . . . . $27,407,344

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,539,034


      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$29,903,753

      NEW SECTION. Sec. 745. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Tacoma Community College: Science Building (01-2-687)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,324,163

Appropriation:

      State Building Construction Account--State. . . . . $29,517,238

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,154,837

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$31,996,238

      NEW SECTION. Sec. 746. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bates Technical College: LRC/Vocational (02-2-684)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$953,271

Appropriation:

      State Building Construction Account--State. . . . . $15,169,058

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$937,281

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,059,610

      NEW SECTION. Sec. 747. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bellingham Technical College: Replacement (02-1-239)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$311,102

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,046,798

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,357,900

      NEW SECTION. Sec. 748. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Cascadia Community College/University of Washington Bothell: Phase 2B Off Ramp (02-2-999)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,742,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$7,500

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$11,800,506

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,550,506

      NEW SECTION. Sec. 749. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Edmonds Community College: Instructional Lab Building - Construction (02-2-685)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$573,448

Appropriation:

      State Building Construction Account--State. . . . . $14,490,832

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,423,612

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,487,892

      NEW SECTION. Sec. 750. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Facility Repairs "A" (02-1-050)

Reappropriation:

      Education Construction Account--State. . . . . . . . . .$1,425,677

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $20,234,651

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$21,660,328

      NEW SECTION. Sec. 751. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Lake Washington Technical College: Replacement (02-1-240)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,593,957

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $4,321,343

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,915,300

      NEW SECTION. Sec. 752. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Peninsula College: Buildings D and E Renovation (02-1-310)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$259,718

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,410,082

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,669,800

      NEW SECTION. Sec. 753. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Seattle Central Community College: Edison Hall Renovation (02-1-315)

Reappropriation:

      State Building Construction Account--State. . . . . . $4,317,752

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,491,448

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,809,200

      NEW SECTION. Sec. 754. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Seattle Central Community College: Portables Replacement (02-1-215)

Reappropriation:

      State Building Construction Account--State. . . . . . $6,209,830

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$687,570

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,897,400

      NEW SECTION. Sec. 755. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Shoreline Community College: Building 800 Renovation (02-1-319)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$403,444

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,617,656

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,021,100

      NEW SECTION. Sec. 756. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Skagit Valley College: Office Space Replacement (02-1-213)

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $355,690

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$406,999

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $762,689

      NEW SECTION. Sec. 757. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Puget Sound Community College: Family Education Center/Child Center (02-1-238)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$458,285

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $6,673,715

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,132,000

      NEW SECTION. Sec. 758. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Seattle Community College: Building "A" Replacement (02-1-217)

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$75,588

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,401,812

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,477,400

      NEW SECTION. Sec. 759. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Spokane Falls Community College: Library Renovation (02-1-331)


Reappropriation:

      State Building Construction Account--State. . . . . . . .$231,625

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,370,375

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,602,000

      NEW SECTION. Sec. 760. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Tacoma Community College: Information Technology Vocational Center (02-2-683)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,825,132

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $11,904,868

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,730,000

      NEW SECTION. Sec. 761. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Walla Walla Community College: Basic Skills/Computer Lab (02-2-686)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . $508,951

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$6,569,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$100,349

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,178,300

      NEW SECTION. Sec. 762. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Job Creation and Infrastructure Projects (03-1-001)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The reappropriation in this section shall support the projects as listed in section 224, chapter 238, Laws of 2002.

      (2) The legislature does not intend to reappropriate amounts not expended by June 30, 2007.

Reappropriation:

      Education Construction Account--State. . . . . . . . . .$1,310,520

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $25,289,655

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$26,600,175

      NEW SECTION. Sec. 763. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bates-Clover Park Equipment Improvements (04-2-950)

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $179,975

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,820,025

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 764. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bellevue Community College: NWCET Expansion (04-2-402)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The purpose of the reappropriation is to build an additional 4,000 square feet of open lab space to accommodate new and expanding information technology and media programs.

      (2) State funds will be matched with nonstate resources of at least $500,000.

      (3) Allotment of funds shall be in accordance with RCW 43.88.150.

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $312,493

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$187,507

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 765. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bellevue Community College: "D" Building Renovation (04-1-308)

Reappropriation:

      State Building Construction Account--State. . . . . $11,418,700

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $973,646

                           Subtotal Reappropriation. . . . . . . . . .$12,392,346

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,026,354

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,418,700

      NEW SECTION. Sec. 766. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bellevue Community College: Science and Technology (04-2-690)

Appropriation:

      State Building Construction Account--State. . . . . . $7,647,600

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$90,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$30,791,460

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$38,529,060

      NEW SECTION. Sec. 767. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bellingham Technical College: Welding/Auto Collision Replacement (04-1-213)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,704,053

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$14,357,000

                           Subtotal Reappropriation. . . . . . . . . .$16,061,053

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$776,947

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$16,838,000

      NEW SECTION. Sec. 768. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Cascadia Community College: Center for Arts, Technology, Communications (04-2-693)

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,031,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$159,900

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$32,636,100

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$35,827,000

      NEW SECTION. Sec. 769. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Centralia Community College: Science Building (04-2-850)

Appropriation:

      State Building Construction Account--State. . . . . . $3,247,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$150,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$28,676,490

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$32,073,490

      NEW SECTION. Sec. 770. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clark College: East County Satellite (04-1-689)

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$74,507

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$2,392,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$225,493

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$27,777,125

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$30,469,125

      NEW SECTION. Sec. 771. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clark College: Renovation - Applied Arts 5 (04-1-303)


Reappropriation:

      State Building Construction Account--State. . . . . . . .$927,047

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,945,366

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,872,413

      NEW SECTION. Sec. 772. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clark College: Stout Hall (04-1-203)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,810,514

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$239,375

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,049,889

      NEW SECTION. Sec. 773. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Columbia Basin College: Renovation T Building (04-1-307)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$531,710

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $5,526,790

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,058,500

      NEW SECTION. Sec. 774. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Edmonds Community College: Renovation - Mountlake Terrace Hall (04-1-311)

Reappropriation:

      State Building Construction Account--State. . . . . . $7,399,092

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,427,938

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,827,030

      NEW SECTION. Sec. 775. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Everett Community College: Pilchuck/Glacier (04-1-205)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$907,033

Appropriation:

      State Building Construction Account--State. . . . . $17,633,300

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$404,667

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$18,945,000

      NEW SECTION. Sec. 776. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Everett Community College: Replacement - Monte Cristo Hall (04-1-305)

Reappropriation:

      State Building Construction Account--State. . . . . . $6,926,247

Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . .$425,753

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,352,000

      NEW SECTION. Sec. 777. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Everett Community College: Undergraduate Education Center (04-2-692)

Appropriation:

      State Building Construction Account--State. . . . . . $7,363,700

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$126,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$27,407,540

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$34,897,240

      NEW SECTION. Sec. 778. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Facility Preservation Backlog Reduction (04-1-951)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the reappropriation is provided solely to accomplish preservation work that improves existing state facilities in the worst relative condition for housed programs and current building occupants.

      (2) With this reappropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preservation backlog reduction project funds shall be prioritized at local discretion to achieve the above stated goal, with particular attention given to buildings currently rated in adequate to marginal condition.

      (3) This section is subject to the same allotment procedures as a minor works category.

      (4) Section 906 of this act does not apply to this reappropriation.

Reappropriation:

      State Building Construction Account--State. . . . . $40,824,753

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $23,475,247

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$64,300,000

      NEW SECTION. Sec. 779. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Grays Harbor College: Replacement - Instructional Building (04-1-204)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$229,284

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$19,471,749

                           Subtotal Reappropriation. . . . . . . . . .$19,701,033

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $1,034,016

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,735,049

      NEW SECTION. Sec. 780. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Green River Community College: Computer Technology Center (04-2-682)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,228,751

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $8,770,749

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$11,999,500

      NEW SECTION. Sec. 781. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Lake Washington Technical College: Renovation - East/West Buildings (04-1-312)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,463,880

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$956,920

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,420,800

      NEW SECTION. Sec. 782. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Lake Washington Technical College: Redmond Land Acquisition (04-2-403)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The purpose of the reappropriation is to purchase property for expansion, storm water retention, and parking requirements.

      (2) State funds must be matched with nonstate resources of at least $500,000.

      (3) Allotment of funds shall be in accordance with RCW 43.88.150.

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000


      NEW SECTION. Sec. 783. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Lower Columbia College: Instructional Fine Arts Building (04-1-214)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,758,314

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,589,727

                           Subtotal Reappropriation. . . . . . . . . . .$3,348,041

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$20,333,976

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$979,758

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$24,661,775

      NEW SECTION. Sec. 784. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Minor Works - Program (Minor Improvements) (04-2-130)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,257,113

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$4,894,945

                           Subtotal Reappropriation. . . . . . . . . . .$6,152,058

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $8,827,159

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,979,217

      NEW SECTION. Sec. 785. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      North Seattle Community College: Arts and Science Renovation (04-1-309)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$303,265

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $6,482,435

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,785,700

      NEW SECTION. Sec. 786. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Olympic College: Science and Technology Building Replacement (04-1-202)

      The reappropriation in this section is subject to the following conditions and limitations: Up to $8,110,000 is provided as additional support for this project by the reappropriation in section 778 of this act.

Reappropriation:

      State Building Construction Account--State. . . . . $10,998,000

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$2,361,964

                           Subtotal Reappropriation. . . . . . . . . .$13,359,964

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$638,036

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$13,998,000

      NEW SECTION. Sec. 787. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Peninsula College: Replacement Science and Technology Building (04-1-208)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . $468,734

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$22,423,200

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$748,066

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$23,640,000

      NEW SECTION. Sec. 788. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Pierce College - Fort Steilacoom: Science and Technology (04-2-694)

Appropriation:

      State Building Construction Account--State. . . . . . $1,986,447

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$190,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$30,106,553

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$32,283,000

      NEW SECTION. Sec. 789. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Pierce College Puyallup: Community Arts/Allied Health (04-2-691)

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,946,716

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$150,000

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$25,303,284

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$27,400,000

      NEW SECTION. Sec. 790. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Pierce College Fort Steilacoom: Childcare Center (04-2-401)

      The reappropriation in this section is subject to the following conditions and limitations:

      (1) The purpose of the reappropriation is to construct a 10,000 square foot childcare center as identified in the college's master plan.

      (2) State funds must be matched with nonstate resources in the amount of $2,250,000.

      (3) Allotment of funds shall be in accordance with RCW 43.88.150.

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . $497,338

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . .$2,662

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 791. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Renton Technical College: Portable Replacement (04-1-215)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$404,905

Appropriation:

      State Building Construction Account--State. . . . . . $2,976,235

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$14,395

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,395,535

      NEW SECTION. Sec. 792. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Roof Repairs "A" (04-1-010)

Reappropriation:

      State Building Construction Account--State. . . . . . $3,572,735

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,692,942

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,265,677

      NEW SECTION. Sec. 793. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Seattle Central Community College: Replacement North Plaza Building (04-1-275)

Reappropriation:

      State Building Construction Account--State. . . . . . $4,976,200

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,976,200

      NEW SECTION. Sec. 794. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Site Repairs "A" (04-1-090)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,692,856


      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $2,612,768

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,305,624

      NEW SECTION. Sec. 795. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Skagit Valley College: Science Building Replacement (04-1-209)

Reappropriation:

      State Building Construction Account--State. . . . . . . . .$14,664

Appropriation:

      State Building Construction Account--State. . . . . . $2,693,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$285,336

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$24,268,049

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$27,261,049

      NEW SECTION. Sec. 796. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Puget Sound Community College: Science Complex (04-2-695)

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$3,160,500

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$93,200

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$25,867,300

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$29,121,000

      NEW SECTION. Sec. 797. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Seattle Community College: Instruction Technology Center (04-2-681)

Reappropriation:

      State Building Construction Account--State. . . . . . $1,280,107

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $17,580,893

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$18,861,000

      NEW SECTION. Sec. 798. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Seattle Community College: Renovation - Pastry Vocational Program (04-1-314)

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$2,545,470

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$67,630

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,613,100

      NEW SECTION. Sec. 799. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Spokane Community College: Science Building Replacement (04-1-212)

Reappropriation:

      State Building Construction Account--State. . . . . $14,838,825

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$882,775

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$15,721,600

      NEW SECTION. Sec. 800. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Tacoma Community College: Renovation - Building 7 (04-1-313)

Reappropriation:

      State Building Construction Account--State. . . . . . $4,759,822

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$228,178

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,988,000

      NEW SECTION. Sec. 801. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

       Tacoma Community College: Replacement - Portable Buildings (04-1-206)

Reappropriation:

      State Building Construction Account--State. . . . . . $2,401,778

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$220,222

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,622,000

      NEW SECTION. Sec. 802. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Walla Walla Community College: Health Science Facility (04-1-211)

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$6,763,672

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$497,728

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $7,261,400

      NEW SECTION. Sec. 803. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Yakima Valley Community College: Glenn/Anthon Hall - Replacement (04-1-207)

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$28,645,152

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$28,645,152

      NEW SECTION. Sec. 804. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Yakima Valley Community College: Renovation - Sundquist (04-1-302)

Reappropriation:

      State Building Construction Account--State. . . . . . . .$654,799

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $3,197,901

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,852,700

      NEW SECTION. Sec. 805. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Columbia Basin College: Health Sciences Center (05-2-851)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,857,624

Appropriation:

      State Building Construction Account--State. . . . . . $6,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$142,376

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,000,000

      NEW SECTION. Sec. 806. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Employability Colocation Study (05-4-850)

Reappropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . . . . $18,167

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$31,833

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .$50,000

      NEW SECTION. Sec. 807. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Seattle: Training Facility (05-1-854)

      The appropriation in this section is subject to the following conditions and limitations: The appropriation is for the construction of a training facility and a separate academic/administrative facility to replace light wood frame structures.

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . $710,002

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$9,272,283

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$11,998


      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $9,994,283

      NEW SECTION. Sec. 808. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Spokane Falls: Business and Social Science Building (05-1-853)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,754,854

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$18,512,385

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . .$45,146

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,312,385

      NEW SECTION. Sec. 809. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Wenatchee Valley College: Anderson Hall and Portable Replacement (05-1-852)

Reappropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . .$1,285,924

Appropriation:

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . .$23,042,145

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . .$332,076

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$24,660,145

      NEW SECTION. Sec. 810. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Bellevue Community College: Flood Damage (06-1-331)

Appropriation:

      State Building Construction Account--State. . . . . . . .$700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $700,000

      NEW SECTION. Sec. 811. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Big Bend Community College: Performing Arts and Fine Arts (06-1-309)

Appropriation:

      State Building Construction Account--State. . . . . . $3,698,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,698,000

      NEW SECTION. Sec. 812. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clark College: Gaiser Hall Renovation (06-1-302)

Appropriation:

      State Building Construction Account--State. . . . . . $8,374,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,374,000

      NEW SECTION. Sec. 813. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clark College: O'Connell Sports Center Improvements (06-2-403)

Appropriation:

      State Building Construction Account--State. . . . . . . .$650,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $650,000

      NEW SECTION. Sec. 814. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clover Park Technical College: Allied Health Care Facility (06-2-699)

Appropriation:

      State Building Construction Account--State. . . . . . . .$160,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$25,085,285

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$25,245,285

      NEW SECTION. Sec. 815. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Clover Park Technical College: Personal Care Services Facility (06-1-310)

Appropriation:

      State Building Construction Account--State. . . . . . $6,499,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $6,499,000

      NEW SECTION. Sec. 816. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Columbia Basin College: Diversity Initiatives Office (06-2-409)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 817. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Edmonds Community College: Brier Hall Renovation (06-1-307)

Appropriation:

      State Building Construction Account--State. . . . . . $5,133,020

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,133,020

      NEW SECTION. Sec. 818. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Everett Community College: Paine Field Technical Center (06-2-408)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 819. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Facility Repairs (06-1-050)

Appropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . .$22,327,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$92,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $114,327,000

      NEW SECTION. Sec. 820. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Grays Harbor College: Ilwaco Education Center (06-2-401)

Appropriation:

      State Building Construction Account--State. . . . . . . .$350,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $350,000

      NEW SECTION. Sec. 821. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Grays Harbor College: Vocational Education Renovation (06-1-303)

Appropriation:

      State Building Construction Account--State. . . . . . $5,371,199

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $5,371,199


      NEW SECTION. Sec. 822. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Green River Community College: General Classroom Building (06-1-205)

Appropriation:

      State Building Construction Account--State. . . . . . . .$137,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$26,629,327

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$26,766,327

      NEW SECTION. Sec. 823. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Green River Community College: Physical Education Renovation (06-1-313)

Appropriation:

      State Building Construction Account--State. . . . . . . .$477,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . .$3,437,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,914,000

      NEW SECTION. Sec. 824. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Green River Community College: Skills Support Center Addition (06-2-405)

Appropriation:

      State Building Construction Account--State. . . . . . . .$800,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $800,000

      NEW SECTION. Sec. 825. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Highline Community College: Marine Science and Technology (06-2-406)

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 826. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Lake Washington Technical College: Allied Health Building (06-2-697)

Appropriation:

      State Building Construction Account--State. . . . . . . .$197,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$26,317,259

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$26,514,259

      NEW SECTION. Sec. 827. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Lake Washington Technical College: Science Lab Renovation (06-1-308)

Appropriation:

      State Building Construction Account--State. . . . . . $1,758,237

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,758,237

      NEW SECTION. Sec. 828. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Minor Works: Program (06-2-130)

Appropriation:

      State Building Construction Account--State. . . . . $20,002,598

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$80,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . $100,002,598

      NEW SECTION. Sec. 829. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Minor Works Preservation (RMI) (06-1-001)

Appropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . .$14,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$67,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$81,000,000

      NEW SECTION. Sec. 830. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Infrastructure Savings (06-1-751)

      The appropriations in this section are subject to the following conditions and limitations: Projects that are completed in accordance with section 906 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.

Appropriation:

      State Building Construction Account--State. . . . . . . . . . . . . $1

      Gardner-Evans Higher Education Construction

                           Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$1

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2

      NEW SECTION. Sec. 831. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Preventive Facility Maintenance and Building System Repairs (06-1-750)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) Pursuant to definitions and provisions in section 925, chapter 26, Laws of 2003 1st sp. sess., the appropriation is provided solely to maintain facilities housing educational and general programs and to maintain its major building systems and campus infrastructure. Building maintenance, mechanical adjustments, repairs, and minor works for the facility or its major building systems and campus infrastructure must extend the remaining useful life of the facility or keep it safe and functioning normally.

      (2) With this appropriation, the intent is to improve the average condition of state facilities as compared to the baseline conditions documented in report 03-1 of the joint legislative audit and review committee. Preventive facility maintenance project funds shall be allocated at the state board's discretion to achieve the above stated performance goal, with particular attention given to buildings currently rated in superior to adequate condition so as to maximize useful life given both the passage of time and intensity with which the space is used.

      (3) Section 906 of this act does not apply to this appropriation.

      (4) There is no intent to reappropriate amounts not expended by June 30, 2007.

Appropriation:

      Education Construction Account--State. . . . . . . . .$22,802,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$22,802,000

      NEW SECTION. Sec. 832. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      North Seattle Community College: Wellness Center Repairs (06-1-330)

Appropriation:

      State Building Construction Account--State. . . . . . $3,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000

      NEW SECTION. Sec. 833. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Olympic College: Bremer Student Center (06-2-411)

Appropriation:

      State Building Construction Account--State. . . . . . . .$600,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $600,000

      NEW SECTION. Sec. 834. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Olympic College: Humanities and Student Services (06-1-204)

Appropriation:

      State Building Construction Account--State. . . . . . $3,499,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$39,615,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$43,114,000

      NEW SECTION. Sec. 835. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Peninsula College: Library Renovation (06-1-305)

Appropriation:

      State Building Construction Account--State. . . . . $14,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$14,000,000

      NEW SECTION. Sec. 836. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Peninsula College: Phase II Cultural and Arts Center (06-2-412)

Appropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

      NEW SECTION. Sec. 837. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Pierce College Fort Steilacoom: Cascade Building Renovation (06-1-326)

Appropriation:

      State Building Construction Account--State. . . . . . $3,350,622

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$14,601,736

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$17,952,358

      NEW SECTION. Sec. 838. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Roof Repairs (06-1-010)

Appropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$8,840,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$20,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$28,840,000

      NEW SECTION. Sec. 839. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Seattle Central Community College: Greenhouse/Educational Center (06-2-410)

Appropriation:

      State Building Construction Account--State. . . . . . . .$250,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $250,000

      NEW SECTION. Sec. 840. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Seattle Central Community College: Information Technology and Visual Communications (06-1-304)

Appropriation:

      State Building Construction Account--State. . . . . . $8,096,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $8,096,000

 

      NEW SECTION. Sec. 841. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Shoreline Community College: Annex Renovation (06-1-312)

Appropriation:

      State Building Construction Account--State. . . . . . $2,739,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,739,000

      NEW SECTION. Sec. 842. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Site Repairs (06-1-090)

Appropriation:

      Community/Technical College Capital Projects

                           Account--State. . . . . . . . . . . . . . . . . . .$3,837,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$20,000,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$23,837,000

      NEW SECTION. Sec. 843. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Puget Sound Community College: Learning Resource Center (06-2-698)

Appropriation:

      State Building Construction Account--State. . . . . . . .$197,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$38,650,300

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$38,847,300

      NEW SECTION. Sec. 844. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Seattle Community College: Automotive Collision Technology (06-1-306)

Appropriation:

      State Building Construction Account--State. . . . . . $1,972,300

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,972,300

      NEW SECTION. Sec. 845. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Seattle Community College: Horticulture/SCGS Classrooms (06-2-404)

Appropriation:

      State Building Construction Account--State. . . . . . . .$557,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $557,000

      NEW SECTION. Sec. 846. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Spokane Falls Community College: Campus Classrooms (06-2-696)

Appropriation:

      State Building Construction Account--State. . . . . . . . .$82,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . .$20,488,000

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . .$20,570,000

      NEW SECTION. Sec. 847. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Walla Walla Community College: Clarkston Health Science Facility (06-2-402)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 848. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Wenatchee Valley College: Brown Library Renovation (06-1-311)

Appropriation:

      State Building Construction Account--State. . . . . . $2,404,300

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0


                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,404,300

      NEW SECTION. Sec. 849. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Yakima Valley Community College: Center for Workforce Education (06-2-407)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 850. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Yakima Valley Community College: Raymond Hall Renovation (06-1-325)

Appropriation:

      State Building Construction Account--State. . . . . . $4,168,350

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,168,350

      NEW SECTION. Sec. 851. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Big Bend Community College: Aviation Program Fleet Replacement (06-2-953)

Appropriation:

      State Building Construction Account--State. . . . . . . .$500,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $500,000

      NEW SECTION. Sec. 852. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

       North Seattle Community College: Employment Resource Center (06-2-851)

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The appropriation in this section is provided solely for predesign and design funding of a colocated one-stop office on the North Seattle Community College campus with the employment security department, the department of social and health services, and WorkSource partnering agencies. The facility will provide integrated services to offer direct opportunities for skill improvement and to enhance employment outcomes of Washington state citizens.

      (2) Prior to allotment for design, the state board for community and technical colleges shall submit a predesign document to the office of financial management and legislative fiscal committees identifying and outlining the project, scope, schedule, and preliminary cost estimates anticipated for the building, including identification of a revenue stream sufficient to pay future debt service costs on a certificate of participation.

Appropriation:

      State Building Construction Account--State. . . . . . . .$520,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . $520,000

      NEW SECTION. Sec. 853. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Walla Walla Community College: Center for Water and Environmental Studies (06-2-853)

Appropriation:

      State Building Construction Account--State. . . . . . $2,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

      NEW SECTION. Sec. 854. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

       Edmonds Community College: Center for Fine Arts and Performing Arts (06-2-950)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 855. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      Shoreline Community College: Automotive Building (Phase 1) (06-2-951)

Appropriation:

      State Building Construction Account--State. . . . . . $1,000,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      NEW SECTION. Sec. 856. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

      South Puget Sound Community College: Satellite Campus Acquisition (06-2-952)

Appropriation:

      State Building Construction Account--State. . . . . . $4,700,000

      Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . $0

      Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . $0

                           TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $4,700,000

 

(End of part)

 

PART 6

MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

MISCELLANEOUS PROVISIONS

 

    NEW SECTION. Sec. 901. The estimated debt service costs impacting future general fund expenditures related solely to new capital appropriations within this act are $19,503,912 during the 2005-2007 fiscal period; $128,151,322 during the 2007-2009 fiscal period; $200,451,220 during the 2009-2011 fiscal period; $207,686,311 during the 2011-2013 fiscal period; and $210,558,739 during the 2013-2015 period.

    NEW SECTION. Sec. 902. (1) Allotments for appropriations in this act shall be provided in accordance with the capital project review requirements adopted by the office of financial management. The office of financial management shall notify the house of representatives capital budget committee and the senate ways and means committee of allotment releases based on review by the office of financial management. No expenditure may be incurred or obligation entered into for appropriations in this act until the office of financial management has given final approval to the allotment of the funds to be expended or encumbered. For allotments under this act, the allotment process includes, in addition to the statement of proposed expenditures for the current biennium, a category or categories for any reserve amounts and amounts expected to be expended in future biennia. Projects that will be employing alternative public works construction procedures under chapter 39.10 RCW are subject to the allotment procedures defined in this section and RCW 43.88.110. Contracts shall not be executed that call for expenditures in excess of the approved allotment, and the total amount shown in such contracts for the cost of future work that has not been appropriated shall not exceed the amount identified for such work in the level of funding approved by the office of financial management at the completion of predesign.

    (2) The legislature intends that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.

    NEW SECTION. Sec. 903. To ensure that major construction projects are carried out in accordance with legislative and executive intent, appropriations in this act in excess of $5,000,000 shall not be expended or encumbered until the office of financial management has reviewed and approved the agency's predesign and other documents, and approved an allotment for the project that includes specific authorization to enter into a contract to expend or encumber funds. The predesign document shall include but not be limited to program, site, and cost analysis in accordance with the predesign manual adopted by the office of financial management. To improve monitoring of major construction projects, progress reports shall be submitted by the agency administering the project to the office of financial management and to the fiscal committees of the house of representatives and senate. Reports will be submitted on July 1st and December 31st each year in a format to be developed by the office of financial management.

   NEW SECTION. Sec. 904. Appropriations in this act for design and construction of facilities on higher education campuses shall be expended only after funds are allotted to institutions of higher education on the basis of: (1) Comparable unit cost standards, as determined by the office of financial management in consultation with the higher education coordinating board; (2) costs consistent with other higher education teaching facilities in the state; and (3) student full-time equivalent enrollment levels as established by the office of financial management in consultation with the higher education coordinating board.

   NEW SECTION. Sec. 905. (1) To ensure that minor works appropriations are carried out in accordance with legislative intent, funds appropriated in this act shall not be allotted until project lists are on file at the office of financial management and the office of financial management has formally approved the lists. Proposed revisions to the lists must be filed with and approved by the office of financial management before funds may be expended on the revisions.

   (2)(a) Minor works projects are single line appropriations that include multiple projects valued between $25,000 and $1,000,000 each that are of a similar nature and can generally be completed within two years of the appropriation with the funding provided. Minor works categories include (i) health, safety, and code requirements; (ii) facility preservation; (iii) infrastructure preservation; and (iv) program improvement or expansion. Improvements for accessibility in compliance with the Americans with disabilities act may be included in any of the above minor works categories.

   (b) Minor works appropriations shall not be used for, among other things: Studies, except for technical or engineering reviews or designs that lead directly to and support a project on the same minor works list; planning; design outside the scope of work on a minor works list; moveable, temporary, and traditionally funded operating equipment not in compliance with the equipment criteria established by the office of financial management; software not dedicated to control of a specialized system; moving expenses; land or facility acquisition; or to supplement funding for projects with funding shortfalls unless expressly authorized elsewhere in this act. The office of financial management may make an exception to the limitations described in this subsection (2)(b) for exigent circumstances after notifying the legislative fiscal committees and waiting ten days for comments by the legislature regarding the proposed exception.

   (3) The office of financial management shall forward copies of these project lists and revised lists to the house of representatives capital budget committee and the senate ways and means committee. No expenditure may be incurred or obligation entered into for minor works appropriations until the office of financial management has approved the allotment of the funds to be expended. The office of financial management shall encourage state agencies to incorporate accessibility planning and improvements into the normal and customary capital program.

    (4) It is generally not intended to make future appropriations for capital expenditures or for maintenance and operating expenses for an acquisition project or a significant expansion project that is initiated through the minor works process and therefore does not receive a policy and fiscal analysis by the legislature. Minor works projects are intended to be one-time expenditures that do not require future state resources to complete.

    NEW SECTION. Sec. 906. (1) The governor, through the office of financial management, may authorize a transfer of appropriation authority provided for a capital project that is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer may be used to expand the capacity of any facility beyond that intended by the legislature in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department, commission, agency, or institution of higher education and only between capital projects that are funded from the same fund or account. No transfers may occur between projects to local government agencies except where the grants are provided within a single omnibus appropriation and where such transfers are specifically authorized by the implementing statutes that govern the grants.

    (2) For purposes of this section, the governor may find that an amount is in excess of the amount required for the completion of a project only if: (a) The project as defined in the notes to the budget document is substantially complete and there are funds remaining; or (b) bids have been let on a project and it appears to a substantial certainty that the project as defined in the notes to the budget document can be completed within the biennium for less than the amount appropriated in this act.

    (3) For the purposes of this section, the intent is that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.

    (4) Transfers of funds to an agency's infrastructure savings appropriation are subject to review and approval by the office of financial management. Expenditures from an infrastructure savings appropriation are limited to projects that have a primary purpose to correct infrastructure deficiencies or conditions that: (a) Adversely affect the ability to utilize the infrastructure for its current programmatic use; (b) reduce the life expectancy of the infrastructure; or (c) increase the operating costs of the infrastructure for its current programmatic use. Eligible infrastructure projects may include structures and surface improvements, site amenities, utility systems outside building footprints and natural environmental changes or requirements as part of an environmental regulation, a declaration of emergency for an infrastructure issue in conformance with RCW 43.88.250, or infrastructure planning as part of a facility master plan.

    (5) A report of any transfer effected under this section, except emergency projects or any transfer under $250,000, shall be filed with the legislative fiscal committees of the senate and house of representatives by the office of financial management at least thirty days before the date the transfer is effected. The office of financial management shall report all emergency or smaller transfers within thirty days from the date of transfer.

    NEW SECTION. Sec. 907. (1) It is expected that projects be ready to proceed in a timely manner depending on the type or phase of the project or program that is the subject of the appropriation in this act. Except for major projects that customarily may take more than two biennia to complete from predesign to the end of construction, or large infrastructure grant or loan programs supporting projects that often take more than two biennia to complete, the legislature generally does not intend to reappropriate funds more than once, particularly for smaller grant programs, local/community projects, and minor works.


   (2) Agencies shall expedite the expenditure of reappropriations and appropriations in this act in order to: (a) Rehabilitate infrastructure resources; (b) accelerate environmental rehabilitation and restoration projects for the improvement of the state's natural environment; (c) reduce additional costs associated with acquisition and construction inflationary pressures; and (d) provide additional employment opportunities associated with capital expenditures.

   (3) To the extent feasible, agencies are directed to accelerate expenditure rates at their current level of permanent employees and shall use contracted design and construction services wherever necessary to meet the goals of this section.

   (4) The office of financial management shall report the following to the appropriate fiscal committees of the legislature by January 30, 2007: (a) A listing of reappropriations in the governor's 2007-2009 capital budget recommendation that will be reappropriated more than once and have ten percent or more of the original appropriation unexpended; and (b) an explanation of why the appropriation remains unexpended.

   NEW SECTION. Sec. 908. The legislature finds that the state's public four-year institutions and the higher education coordinating board have made substantial progress in developing a process to create a single prioritized list of capital project requests as required under RCW 28B.76.220. The legislature also recognizes that continuing work by the institutions and the board is needed to refine the methodology for determining the ranking of project requests, and that this work will benefit from additional legislative guidance. Therefore, the higher education coordinating board and the public four-year institutions, in developing and submitting the single prioritized project list of capital project requests under RCW 28B.76.220, shall use the following additional guidelines:

   (1) Representatives of the board shall participate in the process of scoring projects using the criteria in the board's biennial budget guidelines. Representatives of the board shall also review the preliminary project list to verify the scoring and ranking of projects. As required under RCW 28B.76.210, institutions must submit the preliminary project list to the board by August 1st of each even-numbered year to enable this review. Any disagreements over project scorings or rankings shall be resolved as provided under RCW 28B.76.220(4).

   (2) The board's biennial budget guidelines and the prioritization process shall place a greater emphasis on early critical review of project proposals at the pre-design phase, rather than deferring critical review and prioritization to the design or construction phases of a project.

   (3) When projects are aggregated into single line-item requests, each project must meet the definition of minor works according to the capital budget instructions issued by the office of financial management. All major projects must be listed and ranked as individual line-item requests.

   (4) The scoring and ranking of projects shall not be based on assigning an equal number of overall points to each public four-year institution, but shall reflect an assignment of points to individual projects based on the priorities and criteria in this section and in the board's biennial budget guidelines.

   (5) Projects shall not be ranked on the basis of a project funding source.

   (6) In consultation with the appropriate fiscal and policy committees of the legislature, the board shall identify statewide priorities for higher education capital investments and incorporate those priorities into its biennial budget guidelines. The statewide priorities shall address the need for higher education capital projects to:

   (a) Implement a specific legislatively authorized program or planning priority;

   (b) Reduce the backlog of deferred building or system preservation, renewal, or replacement;

    (c) Provide additional capacity or adaptation of space for high demand instructional or research programs;

    (d) Provide additional instructional program capacity for under-served geographic regions or populations; and

    (e) Reflect institutional planning priorities and areas of emphasis.

    (7) The board's biennial budget guidelines shall include a quantitative method for scoring projects on the identified priorities. The quantitative method shall include use of the facility condition index developed by the joint legislative audit and review committee for assessing building or system condition, and use of the board's space utilization and allocation standards for assessing the need for additional capacity.

    NEW SECTION. Sec. 909. ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.

    State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.

    (1) Department of general administration:

    (a) Enter into a financing contract for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the fifth and final phase of the roof membrane replacement at the east plaza parking structure as well as safety improvements to the parking garage below the plaza.

    (b) Enter into a financing contract for up to $6,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the fourth phase of the office building-2 rehabilitation that will renew failing building systems, correct code deficiencies, and improve access.

    (c) Enter into a financing contract for up to $13,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the rehabilitation of the Cherberg building.

    (2) Liquor control board: Enter into a financing contract for up to $17,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an extension to the liquor control board's distribution center to meet liquor sales growth through 2018.

    (3) Department of corrections:

    (a) Enter into a financing contract for up to $400,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a waste transfer station and purchase a garbage truck at the McNeil Island corrections center.

    (b) Enter into a financing contract for up to $4,588,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a transportation services warehouse and offices for correctional industries.

    (c) Enter into a financing contract for up to $4,536,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additions to the food factory and warehouses at the Airway Heights corrections center for correctional industries.

   (4) Parks and recreation commission: Enter into a financing contract in an amount not to exceed $4,800,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to develop Cama Beach state park.

   (5) Community and technical colleges:

   (a) Enter into a financing contract on behalf of Bellevue Community College for up to $20,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase the North Center building.

   (b) Enter into a financing contract on behalf of Clark College for up to $9,100,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a parking structure.

   (c) Enter into a financing contract on behalf of Clover Park Technical College for up to $14,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student center.

   (d) Enter into a financing contract on behalf of Columbia Basin College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the Hawk Union building.

   (e) Enter into a financing contract on behalf of Edmonds Community College for up to $4,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a black box theater as a part of the Instructional Lab building.

   (f) Enter into a financing contract on behalf of Green River Community College for up to $7,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase Kent Station higher education center.

   (g) Enter into a financing contract on behalf of Olympic College for up to $3,600,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the student center bookstore.

   (h) Enter into a financing contract on behalf of Shoreline Community College for up to $15,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student union building.

   (i) Enter into a financing contract on behalf of Skagit Valley Community College for up to $3,200,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate existing space into a new student center.

   (j) Enter into a financing contract on behalf of Walla Walla Community College for up to $2,175,100 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase land and construct a building for the enology program.

   (k) Enter into a financing contract on behalf of Walla Walla Community College for up to $640,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the health sciences building at the Clarkston center.

   (l) Enter into a financing contract on behalf of Seattle Central Community College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a math and science building.

   (m) Enter into a financing contract on behalf of Pierce College/Puyallup for up to $8,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student gym and fitness center.

   (n) Enter into a financing contract on behalf of Pierce College/Ft. Steilacoom for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the college health and wellness center.

   (o) Enter into a financing contract on behalf of Cascadia Community College in an amount not to exceed $7,800,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the south campus access at the Bothell campus. In identifying the revenue sources to fund the financing contract, the state board for community and technical colleges shall consider parking fees at the Bothell campus and contributions from local governments near the Bothell campus.

    (p) The projects in (a), (f), (k), (m), and (n) of this subsection are reauthorizations of projects originally authorized in the 2003-2005 biennium. If the college enters into a financing contract before the effective date of this section, then the appropriate reauthorization contained in this section is null and void.

    (6) Washington State University: Enter into a financing contract for up to $11,650,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a bioproducts facility in the Tri-Cities.

    (7) University of Washington: Enter into a financing contract in an amount not to exceed $7,800,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the south campus access at the Bothell campus. In identifying the revenue sources to fund the financing contract, the university shall consider the sale of property at Wellington Hills, parking fees at the Bothell campus, and contributions from local governments near the Bothell campus.

    NEW SECTION. Sec. 910. FOR THE ARTS COMMISSION--ART WORK ALLOWANCE POOLING. (1) One-half of one percent of moneys appropriated in this act for original construction of school plant facilities is provided solely for the purposes of RCW 28A.335.210. The Washington state arts commission may combine the proceeds from individual projects in order to fund larger works of art or mobile art displays in consultation with the superintendent of public instruction and representatives of school district boards.

    (2) One-half of one percent of moneys appropriated in this act for original construction or any major renovation or remodel work exceeding two hundred thousand dollars by colleges or universities is provided solely for the purposes of RCW 28B.10.027. The Washington state arts commission may combine the proceeds from individual projects in order to fund larger works of art or mobile art displays in consultation with the board of regents or trustees.

    (3) One-half of one percent of moneys appropriated in this act for original construction of any public building by a state agency as defined in RCW 43.17.020 is provided solely for the purposes of RCW 43.17.200. The Washington state arts commission may combine the proceeds from individual projects in order to fund larger works of art or mobile art displays in consultation with the state agency.

    (4) At least eighty-five percent of the moneys spent by the Washington state arts commission during the 2005-2007 biennium for the purposes of RCW 28A.335.210, 28B.10.027, and 43.17.200 must be expended solely for direct acquisition of works of art. The commission may use up to $100,000 of this amount to contract for service to conserve or maintain existing pieces in the state art collection pursuant to chapter . . . (House Bill No. 2188 (funding the conservation of the state art collection)), Laws of 2005.

    NEW SECTION. Sec. 911. The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. "Prior biennia" typically refers to the immediate prior biennium for reappropriations, but may refer to multiple biennia in the case of specific projects. A "future biennia" amount is an estimate of what may be appropriated for the project or program in the 2007-09 biennium and the following four biennia; an amount of zero does not necessarily constitute legislative intent to not provide funding for the project or program in the future.

    NEW SECTION. Sec. 912. "Reappropriations" in this act are appropriations and, unless the context clearly provides otherwise, are subject to the relevant conditions and limitations applicable to appropriations. Reappropriations shall be limited to the unexpended balances remaining on June 30, 2005, from the 2003-2005 biennial appropriations for each project.

   NEW SECTION. Sec. 913. To carry out the provisions of this act, the governor may assign responsibility for predesign, design, construction, and other related activities to any appropriate agency.

   NEW SECTION. Sec. 914. If any federal moneys appropriated by this act for capital projects are not received by the state, the department or agency to which the moneys were appropriated may replace the federal moneys with funds available from private or local sources. No replacement may occur under this section without the prior approval of the director of financial management in consultation with the senate ways and means committee and the house of representatives capital budget committee.

   NEW SECTION. Sec. 915. (1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs.

   (2) Provision of the full amount of required matching funds is not required to permit the expenditure of capital budget appropriations for phased projects if a proportional amount of the required matching funds is provided for each distinct, identifiable phase of the project.

   NEW SECTION. Sec. 916. Any capital improvements or capital projects involving construction or major expansion of a state office facility, including, but not limited to, district headquarters, detachment offices, and off-campus faculty offices, must be reviewed by the department of general administration for possible consolidation, colocation, and compliance with state office standards before allotment of funds. The intent of the requirement imposed by this section is to eliminate duplication and reduce total office space requirements where feasible, while ensuring proper service to the public.

   NEW SECTION. Sec. 917. The military department shall file quarterly progress reports in addition to the annual project progress reporting requirement of RCW 43.88.160(3). These reports must contain local, state, and federal funding reconciliation and balance sheets for all appropriated readiness center projects and detail any federal intentions on future readiness centers and other facilities.

   NEW SECTION. Sec. 918. NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the state building construction account, or any other account receiving bond proceeds, may be transferred to the state taxable building construction account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority from the state building construction account, or any other account receiving bond proceeds, to the state taxable building construction account is necessary.

   NEW SECTION. Sec. 919. The office of financial management, in consultation with the department of general administration, shall identify capital projects that may benefit from an energy analysis to determine whether there are alternate, more economical, and energy efficient means of completing the work. The office of financial management shall hold appropriations in allotment reserve on the following types of capital projects until this analysis can be completed: Heating, ventilation, and air conditioning modifications, chiller plants, steam plants, boilers, chilled water or steam lines, building control systems, lighting improvements, or other major energy using systems that may warrant additional analysis. Agencies receiving appropriations for such projects are encouraged to utilize energy performance contracts or alternative financing for equipment in lieu of state appropriated funds. The office of financial management may transfer funds remaining in allotment reserve to infrastructure savings projects within the agency that has realized savings from energy efficiency alternatives.

    Sec. 920. RCW 43.135.045 and 2003 1st sp.s. c 25 s 920 are each amended to read as follows:

    (1) The emergency reserve fund is established in the state treasury. During each fiscal year, the state treasurer shall deposit in the emergency reserve fund all general fund--state revenues in excess of the state expenditure limit for that fiscal year. Deposits shall be made at the end of each fiscal quarter based on projections of state revenues and the state expenditure limit. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues and the expenditure limit for fiscal year 2000 and thereafter.

    (2) The legislature may appropriate moneys from the emergency reserve fund only with approval of at least two-thirds of the members of each house of the legislature, and then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.

    (3) The emergency reserve fund balance shall not exceed five percent of annual general fund--state revenues as projected by the official state revenue forecast. Any balance in excess of five percent shall be transferred on a quarterly basis by the state treasurer as follows: Seventy-five percent to the student achievement fund hereby created in the state treasury and twenty-five percent to the general fund balance. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year 2000 and thereafter. When per-student state funding for the maintenance and operation of K-12 education meets a level of no less than ninety percent of the national average of total funding from all sources per student as determined by the most recent published data from the national center for education statistics of the United States department of education, as calculated by the office of financial management, further deposits to the student achievement fund shall be required only to the extent necessary to maintain the ninety-percent level. Remaining funds are part of the general fund balance and these funds are subject to the expenditure limits of this chapter.

    (4) The education construction fund is hereby created in the state treasury.

    (a) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction. During the fiscal years beginning July 1, 2005, and ending June 30, 2007, funds may also be used for higher education facilities preservation and maintenance.

    (b) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election. An appropriation approved by the people under this subsection shall result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and shall not affect any subsequent fiscal period.

    (5) Funds from the student achievement fund shall be appropriated to the superintendent of public instruction strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall be made on an equal per full-time equivalent student basis to each school district.

    (6) Earnings of the emergency reserve fund under RCW 43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are in excess of thirty-five million dollars each fiscal year. Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account under this subsection did not total thirty-five million dollars, the state treasurer shall transfer from the emergency reserve fund an amount necessary to bring the total deposited in the multimodal transportation account under this subsection to thirty-five million dollars. The revenues to the multimodal transportation account reflected in this subsection provide ongoing support for the transportation programs of the state. However, it is the intent of the legislature that any new long-term financial support that may be subsequently provided for transportation programs will be used to replace and supplant the revenues reflected in this subsection, thereby allowing those revenues to be returned to the purposes to which they were previously dedicated. No transfers from the emergency reserve fund to the multimodal fund shall be made during the 2003-05 fiscal biennium.

   Sec. 921. RCW 43.88.032 and 1997 c 96 s 5 are each amended to read as follows:

   (1) Normal maintenance costs, except for funds appropriated for facility preservation of state institutions of higher education, shall be programmed in the operating budget rather than in the capital budget.

   (2) All debt-financed pass-through money to local governments shall be programmed and separately identified in the budget document.

   Sec. 922. RCW 28B.50.360 and 2004 c 277 s 910 are each amended to read as follows:

   Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:

   (1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be exclusively devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.

   (2) The community and technical college capital projects account is hereby created in the state treasury. The sums deposited in the capital projects account shall be appropriated and expended exclusively to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, ((and, during the 2003-05 biennium,)) engineering and architectural services provided by the department of general administration, and for the payment of principal of and interest on any bonds issued for such purposes.

   NEW SECTION. Sec. 923. The department of general administration shall not sell or otherwise dispose of the Tacoma Rhodes building without legislative approval. The department shall submit a business plan for the building, to include an assessment of whether this building is surplus to the state's needs and whether other state agency tenants might be housed in the building, by December 1, 2005, to the appropriate committees of the legislature.

    NEW SECTION. Sec. 924. In accordance with the recommendation of the joint legislative audit and review committee report "Performance Audit of Capital Budget Processes," the office of financial management shall develop a plan, in consultation with legislative fiscal committees, to address weaknesses identified in that report in the oversight of facility projects. The report shall address, but not be limited to:

    (1) Aligning resources to program workload;

    (2) Identifying and institutionalizing best practices;

    (3) Creating easily accessible and reliable information systems; and

    (4) Improving the review and evaluation of projects at the predesign stage prior to the authorization of design and construction.

    The office of financial management shall report on its plan to the governor and the senate committee on ways and means and house of representatives capital budget committee no later than December 1, 2005.

    Sec. 925. RCW 43.155.050 and 2001 c 131 s 2 are each amended to read as follows:

    The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated to provide for state match requirements under federal law for projects and activities conducted and financed by the board under the drinking water assistance account. Not more than fifteen percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated for preconstruction loans, emergency loans, or loans for capital facility planning under this chapter; of this amount, not more than ten percent of the biennial capital budget appropriation may be expended for emergency loans and not more than one percent of the biennial capital budget appropriation may be expended for capital facility planning loans. For the 2005-2007 biennium, moneys in the account may be used for grants for projects identified in section 138 of this act.

    Sec. 926. RCW 70.105D.070 and 2003 1st sp.s. c 25 s 933 are each amended to read as follows:

    (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.

    (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:

    (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;

    (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;

    (iii) The hazardous waste cleanup program required under this chapter;


   (iv) State matching funds required under the federal cleanup law;

   (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;

   (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;

   (vii) Hazardous materials emergency response training;

   (viii) Water and environmental health protection and monitoring programs;

   (ix) Programs authorized under chapter 70.146 RCW;

   (x) A public participation program, including regional citizen advisory committees;

   (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and

   (xii) Development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.

   (3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.

   (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority: (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; (iv) funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such sites, consistent with the responsibilities and intent of RCW 69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat to human health or the environment. For purposes of this subsection (3)(a)(v), "abandoned or derelict vessels" means vessels that have little or no value and either have no identified owner or have an identified owner lacking financial resources to clean up and dispose of the vessel. Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW. During the 1999-2001 fiscal biennium, moneys in the account may also be used for the following activities: Conducting a study of whether dioxins occur in fertilizers, soil amendments, and soils; reviewing applications for registration of fertilizers; and conducting a study of plant uptake of metals. During the ((2003-05)) 2005-2007 fiscal biennium, the legislature may transfer from the local toxics control account to the state toxics control account such amounts as specified in the omnibus ((operating)) capital budget bill ((for methamphetamine lab cleanup)). During the 2005-2007 fiscal biennium, moneys in the account may also be used for grants to local governments to retrofit public sector diesel equipment and for storm water planning and implementation activities.

   (b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems. The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.

    (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.

    (5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. However, during the 1999-2001 fiscal biennium, funding may not be granted to entities engaged in lobbying activities, and applicants may not be awarded grants if their cumulative grant awards under this section exceed two hundred thousand dollars. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.

    (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.

    (7) The department shall adopt rules for grant or loan issuance and performance.

    (8) During the 2005-2007 fiscal biennium, the legislature may transfer from the state toxics control account to the water quality account such amounts as reflect the excess fund balance of the fund.

    NEW SECTION. Sec. 927. FOR THE STATE TREASURER--TRANSFERS     Local Toxics Control Account: For transfer

to the state toxics control account. . . . . . . . . . . . . . . . .$13,900,000

    NEW SECTION. Sec. 928. (1) A study committee on outdoor recreation is established. The study committee shall consist of four members, as follows:

    (a) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives; and

    (b) One member from each of the two largest caucuses of the senate, appointed by the president of the senate.

    (2) The study committee members shall, by an affirmative vote of at least three members, select a chair from among its membership.

    (3) The study committee shall consult with individuals from the public and private sectors and other interested parties, as may be appropriate, for technical advice and assistance and may ask such individuals to establish advisory committees or work groups that report to the study committee. Those with whom the study committee must consult include, but are not limited to, the following:

    (a) Representatives from state agencies;

    (b) Representatives from local governments;

    (c) Representatives from recreation organizations;

    (d) Representatives from agriculture;

    (e) Representatives from environmental organizations; and

    (f) Representatives from citizens' organizations.

    (4) The study committee shall:

    (a) Review local government responses to accommodating population growth and the resulting recreational facility needs;

    (b) Study infrastructure funding issues pertaining to recreational facilities and examine methods by which local governments can reduce or eliminate related funding shortfalls;

    (c) Compile and review information about publicly owned properties that may be suitable for use as recreational facilities;

    (d) Compile an inventory of youth athletic fields and facilities purchased with revenues connected to major league sports stadiums, and recommend possible future funding options connected to major league sports; and

   (e) Make legislative findings and recommendations related to recreational facility and funding needs.

   (5) The study committee shall use staff from the house of representatives office of program research and senate committee services, in consultation with the department of community, trade, and economic development and the interagency committee for outdoor recreation.

   (6) The study committee shall report its findings and recommendations to the appropriate committees of the house of representatives and the senate by January 1, 2006.

   (7) The study committee expires January 1, 2006.

   NEW SECTION. Sec. 929. To provide additional financial assistance and relief to irrigation districts and farmers during the current drought, loan principal and interest payments due to the department of ecology from previous biennia loans and loans in the 2005-2007 biennium for drought assistance or agricultural water supply projects may be deferred for the 2005-2007 biennium. Deferrals are intended only for loan recipients that involve a significant number of farmers who are temporarily leasing or not using their water rights for the benefit of the drought response. The deferrals shall apply to loans from the state drought preparedness account, the state emergency water projects revolving account, and state and local improvement revolving account (water supply facilities). Such loan repayments will resume consistent with the original loan agreement at the beginning of the 2007-2009 biennium.

   NEW SECTION. Sec. 930. (1) The house of representatives capital budget committee, with staff support provided by the office of program research, shall research and develop recommendations and findings comparing the stewardship costs to properly manage public lands compared to private lands and the fiscal impacts on counties of purchasing additional public lands under chapter 79A.15 RCW. The capital budget committee shall work with the interagency committee for outdoor recreation, the department of fish and wildlife, the department of natural resources, and counties to obtain necessary information to complete the report.

   (a) The private versus public stewardship comparison component of the report shall include, but not be limited to, weed control, diking and drainage, fencing, signage, and other land management activities.

   (b) The county fiscal impact component of the report shall include, but not be limited to, a financial analysis determining the difference by county of assessing property taxes on lands acquired under chapter 79A.15 RCW based on one hundred percent of a property's true and fair value compared to assessing property as open space under chapter 84.34 RCW. The analysis shall also compare the fiscal impacts of using these different property tax rates by county for existing game lands held by the department of fish and wildlife and natural areas managed by the department of natural resources.

   (2) The capital budget committee shall prepare the report by December 1, 2005.

   NEW SECTION. Sec. 931. The office of financial management shall work with the department of social and health services and legislative fiscal committee staff, with data provided by the caseload forecast council and the updated juvenile rehabilitation master plan, to determine at what point closure or consolidation of juvenile rehabilitation facilities will be necessary based on declining population, and to develop a strategic plan for potential closure or consolidation with other department of social and health services facilities. The strategic plan shall include, but not be limited to, recommendations for operating and capital budget decisions, including capital investments needed to facilitate closure or consolidation and provide the necessary range of services in the juvenile rehabilitation system, such as acute mental health care and vocational education, if a facility is closed. In developing the plan, the appropriateness of the location of facilities, both in terms of community impacts and the value of the location in program function, should be considered as well as the capital, opportunity, and operational costs of consolidated or alternative facilities. The office of financial management shall report to the fiscal committees of the legislature not later than September 1, 2006.

    NEW SECTION. Sec. 932. The department of corrections shall report to the office of financial management and the fiscal committees of the legislature not later than September 1, 2006, on the feasibility and cost of closing the McNeil Island corrections center (MICC). This report may utilize information from the department's updated master plan, and shall include, but not be limited to:

    (1) Current and projected future annual operating costs for the MICC on a total and per capita basis, with comparisons to other department facilities of similar security level and programming;

    (2) Current and projected future annual level of subsidy provided by MICC operations to the department of social and health services facilities on McNeil Island that would have to be funded separately if MICC were to close;

    (3) Current and projected future annual level of subsidy provided by MICC correctional industries and/or operations to other department facilities that might have to be funded separately if MICC were to close;

    (4) Projected costs of mothballing the facility if it were closed;

    (5) A project list and estimated cost of capital improvements that would need to be funded over the next ten years if MICC were to remain open;

    (6) Information on the custody, housing, and programmatic needs of the offenders housed at MICC; and

    (7) Estimates of costs to construct additional facilities to house the offenders removed from MICC and/or recommendations for placement at suitable existing facilities.

    NEW SECTION. Sec. 933. The University of Washington shall examine various models for the ongoing management of capital facilities investments used by other organizations, including other higher education institutions. These models should reflect the various interrelated aspects of facilities management and investment including operations and maintenance, minor capital projects, and major projects to renew or expand existing facilities. The models should also evaluate the respective funding responsibilities of the university and other interested parties, and the respective roles of state operating accounts, state capital accounts, local tuition and building fee accounts, and external funds in the management of such capital facilities. The university should assess these models with respect to the strengths and weaknesses of systemically addressing the long-term management and investment needs of the facilities, and submit a report of these findings by January 1, 2006, to the governor, the house of representatives capital budget committee, and the senate ways and means committee.

    NEW SECTION. Sec. 934. (1) The state treasurer shall conduct an evaluation of Internal Revenue Service revenue ruling 63-20 relating to bond financing contracts for capital construction projects supported by state agency financing contracts as authorized in chapter 39.94 RCW.

    (2) The evaluation shall include, but is not limited to:

    (a) A description of 63-20 bond financing processes including the differences with the various financing contracts subject to review and approval by the state finance committee;

    (b) A comparison of the 63-20 bond financing structure with other financing structures for construction of capital projects that are for either public or private use;

    (c) A comparison of 63-20 alternative financing with debt authorized in Article VIII of the state Constitution;


   (d) An inventory of capital projects undertaken by state agencies, including higher education institutions, local governments, and other subdivisions of the state that have used 63-20 alternative financing since January 1, 2000;

   (e) An analysis of the benefits and the costs of the 63-20 alternative financing structures to the state; the costs may include, but are not limited to, the impact on state lease rates, borrowing rates, ongoing fees, building maintenance costs, and operating costs; and

   (f) An evaluation of potential effects of use of 63-20 bond financing upon the overall administration of state obligations in the municipal securities market.

   (3) The state treasurer shall assemble an advisory committee to assist in the conduct of the evaluation. The advisory committee shall include two members of each house of the legislature, including one from each major caucus appointed by the presiding officer, a representative of the office of financial management, and one person appointed by the governor.

   (4) Based on the evaluation, the state treasurer shall make recommendations to the governor and the legislature on the use of 63-20 alternative financing structures. The state treasurer shall report to the governor and the fiscal committees of the legislature by December 1, 2005.

   NEW SECTION. Sec. 935. The department of fish and wildlife shall submit a plan to the appropriate committees of the legislature and to the office of financial management for the disposal of the underused properties near Port of Olympia land. The report shall identify efficiencies that replace the need for space in the old buildings by using printing, mailing, and warehousing facilities available through other state agencies. The reports shall be submitted by December 1, 2005.

 

SUPPLEMENTAL PROVISIONS

 

   Sec. 936. 2003 1st sp.s. c 26 s 115 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

   Public Works Trust Fund (04-4-001)

   The appropriation in this section is subject to the following conditions and limitations: Expenditures of the appropriation shall comply with chapter 43.155 RCW.

Appropriation:

   Public Works Assistance Account--State. . . . . .(($261,200,000))

$416,200,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . .$1,319,499,999

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . (($1,580,699,999))

$1,735,699,999

   Sec. 937. 2003 1st sp.s. c 26 s 131 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

   Drinking Water SRF - Authorization to Use Loan Repayments (04-4-010)

   The appropriation in this section is subject to the following conditions and limitations: Expenditures of the appropriation shall comply with RCW 70.119A.170.

Appropriation:

   ((Drinking Water Assistance Account--State. . . . .$11,200,000))

   Drinking Water Assistance Repayment

                   Account--State. . . . . . . . . . . . . . . . . . . . . .$15,200,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . .$0

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . . .(($11,200,000))

$15,200,000

    Sec. 938. 2004 c 277 s 201 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

    Drinking Water Assistance Account (04-4-002)

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

    (1) Expenditures of the appropriation shall comply with RCW 70.119A.170.

    (2)(a) The state building construction account appropriation is provided solely to provide assistance to counties, cities, and special purpose districts to identify, acquire, and rehabilitate public water systems that have water quality problems or have been allowed to deteriorate to a point where public health is an issue. Eligibility is confined to applicants that already own at least one group A public water system and that demonstrate a track record of sound drinking water utility management. Funds may be used for: Planning, design, and other preconstruction activities; system acquisition; and capital construction costs.

    (b) The state building construction account appropriation must be jointly administered by the department of health, the public works board, and the department of community, trade, and economic development using the drinking water state revolving fund loan program as an administrative model. In order to expedite the use of these funds and minimize administration costs, this appropriation must be administered by guidance, rather than rule. Projects must generally be prioritized using the drinking water state revolving fund loan program criteria. All financing provided through this program must be in the form of grants that must partially cover project costs. The maximum grant to any eligible entity may not exceed twenty-five percent of the funds allocated to this appropriation.

Appropriation:

    Drinking Water Assistance Account--State. . . . (($12,700,000))

$8,500,000

    Drinking Water Assistance Repayment

                 Account--State. . . . . . . . . . . . . . . . . . . . . . . .$4,200,000

    State Building Construction Account--State. . . . . . . $4,000,000

                 Subtotal Appropriation. . . . . . . . . . . . . . . . $16,700,000

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . $0

    Future Biennia (Projected Costs). . . . . . . . . . . . . . .$32,400,000

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . $49,100,000

    Sec. 939. 2003 1st sp.s. c 26 s 124 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

    Coastal Erosion Grants (01-S-019)

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

    (1) The reappropriation in this section is subject to the following conditions and limitations:

    (a) Funds are provided for coastal erosion grants in southwest Washington in partnership with other state and federal funds. Grays Harbor county is the lead agency in the administration of the grants.

    (b) The legislature does not intend to reappropriate amounts not expended by June 30, 2005.

    (2) The appropriation in this section is provided for coastal erosion grants in southeast Washington in partnership with other state and federal funds. Grays Harbor county is the lead agency in the administration of the grants.

Reappropriation:

    State Building Construction Account--State. . . . . . . . .$583,155

Appropriation:

    State Building Construction Account--State. . . . . .(($750,000))

$1,250,000

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . $666,845


   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . .(($0))

$1,500,000

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . .(($2,000,000))

$4,000,000

   NEW SECTION. Sec. 940. A new section is added to 2004 c 277 (uncodified) to read as follows:

FOR THE MILITARY DEPARTMENT

   Alteration of Building No. 2 - Camp Murray (05-1-001)

Appropriation:

   General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . $140,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $1,260,000

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,400,000

   NEW SECTION. Sec. 941. A new section is added to 2004 c 277 (uncodified) to read as follows:

FOR THE MILITARY DEPARTMENT

   Courseware Development Support Facility (05-2-002)

Appropriation:

   General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . $138,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . $1,237,000

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,375,000

   NEW SECTION. Sec. 942. A new section is added to 2004 c 277 (uncodified) to read as follows:

FOR THE STATE PARKS AND RECREATION COMMISSION

   Jefferson County Public Utility District Grant (05-1-006)

Appropriation:

   Parks Renewal and Stewardship Account--Private/Local

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $265,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . .$0

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $265,000

   Sec. 943. 2004 c 277 s 110 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

Engineering and Architectural Services (04-2-014)

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

   (1) The appropriation in this section shall be used to provide project management services to state agencies as required by RCW 43.19.450 that are essential and mandated activities defined as core services and are included in the engineering and architectural services' responsibilities and task list for general public works projects of normal complexity. The general public works projects included are all those financed by the state capital budget for the biennium ending June 30, 2005, with individual total project values up to $20 million.

   (2) The department may negotiate agreements with agencies for additional fees to manage projects financed by financial contracts, other alternative financing, projects with a total value greater than $20 million, or for the nonstate funded portion of projects with mixed funding sources.

   (3) The department shall review each community and technical college request and the requests of other client agencies for funding any project over $2.5 million for inclusion in the 2004 supplemental capital budget and the 2005-07 capital budget to ensure that the amount requested by the agency is appropriate for predesign, design, and construction, depending on the phase of the project being requested. The department shall pay particular attention: (a) That the budgeted amount requested is at an appropriate level for the various components that make up the cost of the project such as project management; and (b) that standard measurements such as cost per square foot are reasonable. The department shall also assist the office of financial management with review of other agency projects as requested.

Appropriation:

    Charitable, Educational, Penal, and Reformatory

                 Institutions Account--State. . . . . . . . . . . . . . . .$140,000

    State Building Construction Account--State. . . . (($6,996,000))

$7,723,000

    Thurston County Capital Facilities Account--State.(($937,000))

$210,000

    Community and Technical College Capital Projects

                 Account--State. . . . . . . . . . . . . . . . . . . . . . . .$1,513,000

                 Subtotal Appropriation. . . . . . . . . . . . . . . . . $9,586,000

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . $0

    Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . (($0))

$41,308,400

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .(($9,586,000))

$50,894,400

    Sec. 944. 2004 c 277 s 209 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

    Legislative Building: Rehabilitation and Capital Addition (01-1-008)

    The appropriations in this section are subject to the following conditions and limitations: The reappropriation in this section is subject to the conditions and limitations of section 109, chapter 238, Laws of 2002 and section 904, chapter 10, Laws of 2003.

Reappropriation:

    Capital Historic District Construction

                 Account--State. . . . . . . . . . . . . . . . . . . . . . .$68,450,000

    State Building Construction Account--State. . . . . . . $6,000,000

                 Subtotal Reappropriation. . . . . . . . . . . . . . $74,450,000

Appropriation:

    Thurston County Capital Facilities Account--State. .$4,800,000

    State Building Construction Account--State. . . . . . . $7,100,000

                 Subtotal Appropriation. . . . . . . . . . . . . . . . $11,900,000

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . .$26,031,000

    Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . .$0

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . .(($105,281,000))

$112,381,000

    Sec. 945. 2003 1st sp.s. c 26 s 240 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF VETERANS AFFAIRS

    Retsil: 240 Bed Nursing Facility (02-2-008)

Reappropriation:

    Charitable, Educational, Penal, and Reformatory

                 Institutions Account--State. . . . . . . . . . . . . . . .$500,000

Appropriation:

    General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$30,730,700

    Charitable, Educational, Penal, and Reformatory

                 Institutions Account--State. . . . . . . . . . . . . . . .$250,000

    State Building Construction Account--State. . . (($12,000,000))

$13,420,000

                 Subtotal Appropriation. . . . . . . . . . . . . (($42,980,700))

$44,400,700

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . (($2,500,000))

$4,000,000

    Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . .$0

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . .(($45,980,700))

$48,900,700

    Sec. 946. 2004 c 277 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

    Water Pollution Control Program (04-4-002)

Appropriation:

    Water Pollution Control Revolving

                 Account--State. . . . . . . . . . . . . . . . . . . . (($81,054,333))

$102,614,743

    Water Pollution Control Revolving


                   Account--Federal. . . . . . . . . . . . . . . . . . . .$44,466,666

                   Subtotal Appropriation. . . . . . . . . . . .(($125,520,999))

$147,081,409

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . $462,000,000

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . .(($587,520,999))

$609,081,409

   NEW SECTION. Sec. 947. A new section is added to 2004 c 277 (uncodified) to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

   State Drought Preparedness (05-4-009)

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

   (1) $8,200,000 of the state taxable building construction account--state appropriation shall be deposited in the state drought preparedness account.

   (2) The appropriations in this section are provided solely for response to the statewide drought that was declared pursuant to chapter 43.83B RCW. The department of ecology may provide funding or compensation for purchase or lease of water rights and to public bodies as defined in RCW 43.83B.050 in connection with projects and measures designed to alleviate drought conditions that may affect: Public health and safety; drinking water supplies; agricultural activities; or fish and wildlife survival.

   (3) Projects or measures for which funding or compensation will be provided must be connected with a water system, water source, or water body that is receiving, or has been projected to receive, less than seventy-five percent of normal water supply, as the result of natural drought conditions. This reduction in water supply must be such that it is causing, or will cause, undue hardship for the entities or fish or wildlife depending on the water supply. General criteria for guidelines to be established by the department of ecology for distribution of funds must include: A balanced and equitable distribution of the funds among the different sectors affected by drought; a funding process that ensures funds are available for drought impacts that arise both early and later during the course of the drought; and preference for projects that leverage other federal and local funds.

   (4) Up to $1,500,000 of the state drought preparedness account--state appropriation in this section is provided to the Roza irrigation district for the purchase or lease of water rights.

Appropriation:

   State Drought Preparedness Account--State. . . . . . . . $8,200,000

   State Taxable Building Construction Account--State.$8,200,000

                   Subtotal Appropriation. . . . . . . . . . . . . . . $16,400,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . .$0

                   TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,400,000

   Sec. 948. 2003 1st sp.s. c 26 s 330 (uncodified) is amended to read as follows:

FOR THE STATE PARKS AND RECREATION COMMISSION

   Fort Worden (02-1-003)

   The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely for park preservation and for development of the multipurpose dining and meeting facility.

Reappropriation:

   State Building Construction Account--State. . . . . (($1,500,000))

$1,910,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . .(($4,569,365))

$73,350

   Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . .$0

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . .(($6,069,365))

$1,983,350

   Sec. 949. 2003 1st sp.s. c 26 s 403 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF FISH AND WILDLIFE

    Region 1 Office - Spokane (04-2-009)

    The appropriations in this section ((is)) are subject to the following conditions and limitations: The appropriations ((is)) are provided solely for the construction of the eastern region headquarters office complex to be located at Mirabeau Point.

Appropriation:

    State Building Construction Account--State. . . . . . . $3,900,000

    State Wildlife Account. . . . . . . . . . . . . . . . . . . . . . . . . $500,000

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . $0

    Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . .$0

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . .(($3,900,000))

$4,400,000

    Sec. 950. 2003 1st sp.s. c 26 s 421 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF NATURAL RESOURCES

    Trust Land Transfer Program (04-2-010)

    The state building construction account appropriation in this section is subject to the following conditions and limitations:

    (1) The total appropriation is provided to the department solely to transfer from trust status or enter into thirty-year timber harvest restrictive easements/leases for certain trust lands of state-wide significance deemed appropriate for state park, fish and wildlife habitat, natural area preserve, natural resources conservation area, open space, or recreation purposes.

    (2) Property transferred under this section shall be appraised and transferred at fair market value. The value of the timber transferred shall be deposited by the department to the common school construction account in the same manner as timber revenues from other common school trust lands. No deduction shall be made for the resource management cost account under RCW 79.64.040. The value of the land transferred shall be deposited in the natural resources real property replacement account. These funds shall be expended by the department for the exclusive purpose of acquiring commercial real property of equal value to be managed as common school trust land.

    (3) Property subject to easement/lease agreements under this section shall be appraised at fair market value both with and without the imposition of the easement/lease. The entire difference in appraised value shall be deposited by the department to the common school construction fund in the same manner as lease revenues from other common school trust lands. No deduction shall be made for the resource management cost account under RCW 79.64.040.

    (4) All reasonable costs incurred by the department to implement this section are authorized to be paid out of this appropriation. Authorized costs include the actual cost of appraisals, staff time, environmental reviews, surveys, and other similar costs.

    (5) Intergrant exchanges between common school and other trust lands of equal value may occur if the exchange is in the interest of each trust, as determined by the board of natural resources.

    (6) Prior to or concurrent with conveyance of these properties, the department, with full cooperation of the receiving agencies, shall execute and record a real property instrument that dedicates the transferred properties to the purposes identified in subsection (1) of this section for a minimum period of thirty years. The department of natural resources, in consultation with the receiving state agencies, shall develop policy to address requests to replace transferred properties subject to the recorded property instrument that are no longer deemed appropriate for the purposes identified in subsection (1) of this section.

    (7) The department and receiving agencies shall work in good faith to carry out the intent of this section. However, the department or receiving agencies may remove a property from the transfer list based on new, substantive information, if it is determined that transfer of the property is not in the statewide interest of either the common school trust or the receiving agency.

   (8) Except as provided in subsections (12) and (13) of this section, the department shall execute trust land transfers and easements/leases such that, after the deduction of reasonable costs as provided in subsection (4) of this section, eighty percent of the appropriation in this section is deposited in the common school construction fund. To achieve the 80:20 ratio, the department may offset transfers of property with low timber-to-land ratios with easements/leases on other properties.

   (9) On June 30, 2005, the state treasurer shall transfer all remaining uncommitted funds from this appropriation to the common school construction fund, except as provided in subsection (13) of this section, and the appropriation in this section shall be reduced by an equivalent amount.

   (10) Except as provided in subsection (13) of this section, the appropriation in this section is provided for a list of projects in LEAP capital document No. 2003-17, as developed on June 4, 2003.

   (11) The department of natural resources shall manage lands acquired as "Bone river natural area preserve" as a natural resources conservation area under chapter 79.71 RCW.

   (12) The department may, after the deduction of reasonable costs as provided in subsection (4) of this section, execute leases for an initial term not to exceed fifty years, for Obstruction Pass, Point Lawrence, and 40 acres on Maury Island. Leases executed under this subsection may be renewed for an additional thirty-year period, under terms and conditions established by the department, including revaluation. Trust land transfer leases under this subsection shall not be subject to the 80:20 ratio of timber value to land value required in subsection (8) of this section. Revenues derived from leases under this subsection shall be deposited in the appropriate account as provided by law.

   (13) Up to $4,500,000 of the appropriation from the state building construction account--state appropriation is provided for the transfer of trust land known as Harbour Pointe to the city of Mukilteo. Four acres of buildable land shall be dedicated for use of a recreational facility to serve only school-age children. Recreational space shall also be designated as ball fields for the purposes of serving the area youth.

Appropriation:

   State Building Construction Account--State. . . . . . .$55,000,000

   Natural Resources Real Property Replacement

                   Account--State. . . . . . . . . . . . . . . . . . . (($11,000,000))

$15,500,000

                   Subtotal Appropriation. . . . . . . . . . . . .(($66,000,000))

$70,500,000

   Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0

   Future Biennia (Projected Costs). . . . . . . . . . . . . . $250,000,000

                   TOTAL. . . . . . . . . . . . . . . . . . . . . . . .(($316,000,000))

$320,500,000

   Sec. 951. 2004 c 277 s 262 (uncodified) is amended to read as follows:

FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM

   South Seattle: Training Facility (05-1-854)

   The appropriation in this section is subject to the following conditions and limitations:

   (1) The appropriation is solely for the design of a ((single shop and classroom)) training facility and a separate academic/administrative facility to replace ((eight)) light wood frame structures.

   (2) Prior to allotment for design, the state board for community and technical colleges shall submit a predesign document to the office of financial management and legislative fiscal committees identifying and outlining the project or projects, scope, schedule, and preliminary cost estimates for capital projects related to the replacement of the portables.

Appropriation:

    Gardner-Evans Higher Education Construction

                 Account--State. . . . . . . . . . . . . . . . . . . . . . . . . $722,000

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . $0

    Future Biennia (Projected Costs). . . . . . . . . . . . . . . .$7,342,480

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,064,480

    Sec. 952. 2004 c 277 s 236 (uncodified) is amended to read as follows:

FOR THE STATE BOARD OF EDUCATION

    School Construction Assistance Grants (04-4-001)

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

    (1) For state assistance grants for purposes of calculating square foot eligibility, kindergarten student headcount shall not be reduced by fifty percent.

    (2) $2,000,000 from this appropriation is provided for skills centers capital improvements. Skills centers shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures and the proposed expenditures shall conform with state board of education rules and procedures for reimbursement of capital items. Funds not expended by June 30, 2005, shall lapse.

    (3) $32,868,105 of this appropriation is provided solely to increase the area cost allowance by $15.00 per square foot for grades K-12 for fiscal year 2004 and an additional $4.49 per square foot for grades K-12 for fiscal year 2005.

    (4) The appropriation in this section includes the amounts deposited in the common school construction account under section 603 of this act.

    (5) $2,500,000 of this appropriation is provided solely for design and construction of additional space at the new market vocational skills center.

    (6) Beginning in their 2005-07 capital budget submittal to the governor, the state board of education, in consultation with the Washington state skills centers, shall develop and submit a prioritized list of capital preservation, equipment with long life-cycles, and space expansion and improvement projects. The list shall be developed based on, but not limited to, the following factors: Projected enrollment growth; local school district participation and financial support; changes in the business and industry needs in the state; and efficiency in program delivery and operations.

Appropriation:

    Common School Construction Account--State(($402,268,513))

$295,218,513

    State Building Construction Account--State. . . . .$107,050,000

                 Subtotal Appropriation. . . . . . . . . . . . . . . $402,268,513

    Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . $0

    Future Biennia (Projected Costs). . . . . . . . . . . . $1,858,456,614

                 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . .$2,260,725,127

    Sec. 953. 2004 c 277 s 911 (uncodified) is amended to read as follows:

    ((During the 2003-05 biennium,)) The state parks and recreation commission shall ((study the various options regarding the future of Old Man House state park. These alternatives include retention as a state park, roles of volunteer community groups, transfer to the Suquamish tribe, sale as surplus property, or other alternatives. The commission may, if it deems it appropriate after studying the various options, transfer the park to the Suquamish tribe. Any action shall provide for continued public access and use of the site for public recreation, and include a limited waiver of sovereignty by the tribe restricted to the enforceability of the reversion clause pursuant to RCW 79A.05.170)) transfer Old Man House state park to the Suquamish tribe. Any transfer shall provide for continued public access and use of the site for public recreation, and include a limited waiver of sovereignty by the tribe to enforce the reversionary clause pursuant to RCW 79A.05.170.

   Sec. 954. 2004 c 277 s 904 (uncodified) is amended to read as follows:

   ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.

   State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.

   (1) Department of general administration: Enter into a financing contract for an amount approved by the office of financial management for costs and financing expenses and required reserves pursuant to chapter 39.94 RCW to lease develop or lease purchase a state office building of 150,000 to 200,000 square feet on state-owned property in Tumwater according to the terms of the agreement with the Port of Olympia when the property was acquired or within the preferred development/leasing areas in Thurston county. The building shall be constructed and financed so that agency occupancy costs will not exceed comparable private market rental rates. The comparable general office space rate shall be calculated based on the three latest Thurston county leases of new space of at least 100,000 rentable square feet adjusted for inflation as determined by the department of general administration. The department of general administration shall coordinate with potential state agency tenants whose current lease expire near the time of occupancy so that buyout of current leases do not add to state expense. The office of financial management shall certify to the state treasurer: (a) The project description and dollar amount; and (b) that all requirements of this subsection (1) have been met.

   (2) Enter into, after approval by the office of financial management and the state finance committee and a positive result from the joint legislative audit and review committee leasing model, a long-term lease of up to twenty-five years, or long-term lease with an option to purchase, with the city of Seattle, for up to 250,000 square feet of office space that is being lease developed by the city of Seattle. Agency occupancy costs will not exceed comparable private market rental rates in downtown Seattle. The comparable general office space rate shall be calculated based on lease rates (adjusted for inflation) of the tenants at the time of proposed occupancy as determined by the department of general administration.

   (3) Department of veterans affairs: Enter into a financing contract in an amount not to exceed $1,441,500 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to build and equip a kitchen in existing shell space at the Spokane veterans home and provide space for displaced functions.

   (4) Department of corrections:

    (a) Enter into a financing contract for up to $400,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a waste transfer station and purchase a garbage truck at the McNeil Island corrections center.

    (b) Enter into a financing contract for up to $4,588,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a transportation services warehouse and offices for correctional industries.

    (c) Enter into a financing contract for up to $4,536,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additions to the food factory and warehouses at the Airway Heights corrections center for correctional industries.

    (5) Parks and recreation commission: Enter into a financing contract in an amount not to exceed $4,800,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to develop Cama Beach state park.

    (6) Community and technical colleges:

    (a) Enter into a financing contract on behalf of Bellevue Community College for up to $20,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase North Center campus.

    (b) Enter into a financing contract on behalf of Big Bend Community College for up to $6,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an international conference and training center and dining services center building.

    (c) Enter into a financing contract on behalf of Clark Community College for up to $9,839,464 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a bookstore, meeting rooms, student lounge, and study space.

    (d) Enter into a financing contract on behalf of Green River Community College for up to $7,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase Kent Station higher education center.

    (e) Enter into a financing contract on behalf of Seattle Central Community College for up to $1,300,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for land acquisition and development of parking facilities.

    (f) Enter into a financing contract on behalf of Seattle Central Community College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct ((an above-ground parking garage)) a math and science building.

    (g) Enter into a financing contract on behalf of South Puget Sound Community College for up to $660,000 plus financing expenses and reserves pursuant to chapter 39.94 RCW to construct parking and storm water mitigation facilities.

    (h) Enter into a financing contract on behalf of Spokane Community College for up to $725,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase land.

    (i) Enter into a financing contract on behalf of Walla Walla Community College for up to $2,175,100 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase land and construct a building for professional-technical instruction.

    (j) Enter into a financing contract on behalf of Walla Walla Community College for up to $504,400 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase land and buildings at the Clarkston center.

    (k) Enter into a financing contract on behalf of Pierce College/Ft. Steilacoom for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the college health and wellness center.

    (l) Enter into a financing contract on behalf of Pierce College/Puyallup for up to $8,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student gym and fitness center.

   (m) Enter into a financing contract on behalf of Columbia Basin College for up to $8,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the medical technology and science education addition to the T-Building renovation and establish the Washington institute of science education (WISE).

   NEW SECTION. Sec. 955. Sections 920 and 921 of this act expire June 30, 2007.

   NEW SECTION. Sec. 956. Part headings in this act are not any part of the law.

   NEW SECTION. Sec. 957. The following acts or parts of acts are each repealed:

   (1) 2003 1st sp.s. c 26 s 603 (uncodified); and

   (2) 2004 c 277 s 302 (uncodified).

   NEW SECTION. Sec. 958. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

   NEW SECTION. Sec. 959. 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, except for sections 920 and 921 of this act, which take effect June 30, 2005.

 

(End of Part)

 

INDEXPAGE #

 

CENTRAL WASHINGTON UNIVERSITY . . . . . . . . . . . . . . 159

COMMUNITY AND TECHNICAL COLLEGE SYSTEM . . .180

COMMUNITY AND TECHNICAL COLLEGE SYSTEM . . . 254

COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT 3

COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243

CRIMINAL JUSTICE TRAINING COMMISSION . . . . . . . . . .40

DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . .128

DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . . . . . . 56

DEPARTMENT OF ECOLOGY . . . . . . . . . . . . . . . . . . . . .67, 249

DEPARTMENT OF FISH AND WILDLIFE . . . . . . 112, 113, 251

DEPARTMENT OF GENERAL ADMINISTRATION . . . . . . .25

DEPARTMENT OF GENERAL ADMINISTRATION . . . . . . 247

DEPARTMENT OF HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . 52

DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . .119

DEPARTMENT OF SOCIAL AND HEALTH SERVICES . . . .41

DEPARTMENT OF VETERANS AFFAIRS . . . . . . . . . . . . . . .54

DEPARTMENT OF VETERANS' AFFAIRS' . . . . . . . . . . . . . 248

EASTERN WASHINGTON STATE HISTORICAL SOCIETY 179

EASTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . . . 154

EMPLOYMENT SECURITY DEPARTMENT . . . . . . . . . . . . .66

HIGHER EDUCATION COORDINATING BOARD . . . . . . . 136

INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE .2

MILITARY DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . .35

MILITARY DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 246

OFFICE OF THE SECRETARY OF STATE . . . . . . . . . . . . . . . .2

STATE BOARD OF EDUCATION . . . . . . . . . . . . . . . . . . . . .130

STATE BOARD OF EDUCATION . . . . . . . . . . . . . . . . . . . . . 255

STATE CONSERVATION COMMISSION . . . . . . . . . . . . . . .109

STATE CONVENTION AND TRADE CENTER . . . . . . . . . . .39

STATE PARKS AND RECREATION COMMISSION . . .84, 246

STATE SCHOOL FOR THE BLIND . . . . . . . . . . . . . . . . . . . .135

SUPERINTENDENT OF PUBLIC INSTRUCTION . . . . . . . .134

THE EVERGREEN STATE COLLEGE . . . . . . . . . . . . . . . . . 164

UNIVERSITY OF WASHINGTON . . . . . . . . . . . . . . . . . . . . .138

WASHINGTON STATE HISTORICAL SOCIETY . . . . . . . . 176

WASHINGTON STATE PATROL . . . . . . . . . . . . . . . . . . . . . 129

WASHINGTON STATE UNIVERSITY . . . . . . . . . . . . . . . . .146

WESTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . .170"

    On page 1, line 1 of the title, after "budget;" strike the remainder of the title and insert "making appropriations and authorizing expenditures for capital improvements; amending RCW 43.135.045, 43.88.032, 28B.50.360, 43.155.050, and 70.105D.070; amending 2003 1st sp.s. c 26 ss 115, 124, 131, 240, 330, 403, and 421 (uncodified); amending 2004 c 277 ss 201, 110, 209, 221, 262, 236, 911, and 904 (uncodified); adding new sections to 2004 c 277 (uncodified); creating new sections; repealing 2003 1st sp.s. c 26 s 603 (uncodified); repealing 2004 c 277 s 302 (uncodified); providing an effective date; providing an expiration date; and declaring an emergency."

And that the bill do pass as recommended by the Conference Committee.

    Signed by Senators Fraser, Regala and Hewitt; Representatives Dunshee, Ormsby and Jarrett.

 

MOTION

 

    Senator Fraser moved the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6094 be adopted.

    Senators Fraser and Hewitt spoke in favor of the motion.

    Senator Schoesler spoke against the motion.

    The President declared the question before the Senate to be the motion by Senator Fraser that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6094 be adopted.

    The motion by Senator Fraser carried and the Report of the Conference Committee was adopted by voice vote.

 

 

    The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6094, as recommended by the Conference Committee.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6094, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

    Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

    Voting nay: Senators Pflug and Schoesler - 2

    Excused: Senators Deccio and McCaslin - 2

    ENGROSSED SUBSTITUTE SENATE Substitute Senate BILL NO. 6094, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Fraser: “Mr. President and members of the Senate. As had been alluded to, the process of the capital budget is a huge one. I’d, first, to express my appreciation to Senator Hewitt who was a total pleasure to work with and we were great partners in developing the Senate’s side of the budget and working together with the other body. I’d also like to thank the, assuming it’s in order, the principle negotiators from the other body, Representative Dunshee and Representative Jarrett. We spent a lot of hours together blending the two documents. I must say a special thank you to the Ways & Means staff who put in endless hours, intelligence, creativity and more endless hours into making this all come together. I’d like to say thank you to Brian Simms, who’s the coordinator and others who put a lot of work into it; Bryon Moore, Richard Ramsey, Chelsea Buchanan and Kirstan Arestad. They all deserve all of our appreciation and a few days off now. So, thank you all.”

 

PERSONAL PRIVILEGE

 

Senator Hewitt: “Thank you Mr. President and ladies and gentlemen of the Senate. I do want, again, thank the Ways & Means staff. They work incredibly long and hard hours and I just marvel at how good they are. Also, Senator Fraser, I want to thank you for including me in this budget. This was one budget that did have bipartisan work done on it. I want to thank you for that. You know it just, I marvel at this place. How we can fight and we can fight and then something like this comes together. Four members from four different bodies can actually work through a process and make it work correctly. I don’t know how we do it but we sometimes do it but, again, I just marvel at it. Thank you Mr. President.”

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

ESHB 2311        by House Committee on Transportation (originally sponsored by Representatives Murray and Simpson)

 

AN ACT Relating to authorizing bonds for transportation funding; adding new sections to chapter 47.10 RCW; providing an effective date; and declaring an emergency.

 

MOTION

 

      On motion of Senator Eide, the rules were suspended and the measure listed on the Introduction and First Reading report, Engrossed Substitute House Bill No. 2311, was placed on the second reading calendar.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

MOTION

 

On motion of Senator Hewitt, Senator Delvin was excused.

 

APPOINTMENT OF INTERIM COMMITTEES

 

      The President announced the following appointments to the Joint Legislative Audit and Review Committee: Senators Benton, Oke, Parlette, Zarelli, Kohl-Welles, Regala, Rockefeller and Thibaudeau.

 

MOTION

 

      On motion of Senator Eide, the appointments to the interim committee were confirmed.

 

      The President announced the following appointments to the Legislative Committee on Economic Development and International Relations: Senators Hewitt, Mulliken, Pflug, Franklin, Rasmussen and Shin.

 

MOTION

 

      On motion of Senator Eide, the appointments to the interim committee were confirmed.

 

       The President announced the following appointments to the Legislative Evaluation and Accountability Program Committee: Senators Benson and Fairley.

 

MOTION

 

      On motion of Senator Eide, the appointments to the interim committee were confirmed.

 

      The President announce the following appointments to the Legislative Transportation and Accountability Committee: Senators Benson, Benton, Mulliken, Oke, Pflug, Swecker, Eide Haugen, Jacobsen, Kastama, Spanel and Sheldon.

 

MOTION

 

      On motion of Senator Eide, the appointments to the interim committee were confirmed.

 

REMARKS BY THE PRESIDENT

 

President Owen: “The President would like to get the members attention because I have come up with some President’s 2005 Session members’ awards that I would like to recognize this evening. In the ‘I hadn’t planned on speaking on this but’ award would go to: None other than Senator Brandland. The ‘Quietest Freshman’ award would go to: Senators Pridemore and Berkey. The ‘Freshman Voted by his Colleagues Most in Need to Learn from Senator Pridemore and Berkey’ award goes to: Senator Benson. The ‘Quieter than a Church Mouse’ award would go to: Senator Thibaudeau. Also in the speaking category, the ‘Able to Pierce Marble’ award would go to: Senator Pam Roach. In a related category of ‘I’m Afraid the President Won’t Hear Me Vote’ award would be: Senator Schoesler. In the category of ‘The Tough on Crime/Neck like Walrus’ award, would go to: Senator Hargrove. In the ‘Where in the Heaven’s Name Do You Get Those Outfits’ award: Senator Rosemary McAuliffe. In the ‘I will Never Say a Bad Thing About Anyone – At Least Not On Purpose’ award would be: Senators Esser and Fraser. The ‘Patiently and Politely Seated At All Times’ award would be: Senators Morton and Franklin. The ‘Never Seen At Their Desk At Any Time Unless Something Really Big Is Happening’ award would be: Senators Brown and Finkbeiner. The ‘I Bet I Could Get Away With Something I’m Not Suppose To Do Without the President Knowing’ award would have to go to: Senators Poulsen, Delvin and Hewitt and a supplemental award to that category would be ‘The President Won’t See My Coffee Cleverly Hidden Behind This Piece of Paper’ award to Senator Doumit. In the ‘Too Polite and Kind To Be Senators But I’m Glad They’re Here’ or the ‘Gentle Ben and Benita’ award are: Senators Oke and Eide. And the Grand Award is the ‘My Speeches Must Be Very Motivational Because So Many People Jump Up to Speak After I Do’ award: Senators Benton and Kline.”

 

PERSONAL PRIVILEGE

 


Senator Hargrove: “Well, in all seriousness, Mr. President, I think all of us would like to thank you, not only for maintaining decorum but, when TVW is on, it’s on you and you make us look very, very good. All the time. We certainly appreciate the way you preside over the Senate with humor and grace and yet keep us all on track. Thank you very much.”

 

PERSONAL PRIVILEGE

 

Senator Eide: “Thank you Mr. President. Well, I too would like to say I’ve learned from the best and it’s been an honor and privilege to be the floor leader here. It’s been a learning experience and I’ve enjoyed every bit of it. Also, I would like to say today is my son’s, Matthew’s, eighteenth birthday and I know that they are home at 5 o’clock having dinner and they are watching TVW. I love you honey, happy eighteenth.”

 

PERSONAL PRIVILEGE

 

Senator Parlette: “Thank you Mr. President. Today is my oldest son’s birthday, Guy Evans. He is thirty-four years old and for some sad reason, we do not have TVW in Chelan anymore. I know my parents and my husband and Guy’s wife are celebrating. I wish I could be there but, as Senator Stevens’ husband said to me last night when I was me moaning the fact that I can not be home with the family celebration, he said to me, ‘Well, is he healthy?’ and I said, ‘Yes he is.’ So that make it all better. Thank you very much.”

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2311, by Representatives Murray and Simpson

 

      Authorizing bonds for transportation funding.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2311 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2311.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2311 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 32

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Esser, Honeyford, Johnson, Morton, Oke, Parlette, Pflug, Roach, Schoesler and Stevens - 14

      Excused: Senators Deccio, Delvin and McCaslin - 3

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2311, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 6003, with the following amendment{s}:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 82.70.010 and 2003 c 364 s 1 are each amended to read as follows:

      The definitions in this section apply throughout this chapter and RCW 70.94.996 unless the context clearly requires otherwise.

      (1) "Public agency" means any county, city, or other local government agency or any state government agency, board, or commission.

      (2) "Public transportation" means the same as "public transportation service" as defined in RCW 36.57A.010 and includes passenger services of the Washington state ferries.

      (3) "Nonmotorized commuting" means commuting to and from the workplace by an employee by walking or running or by riding a bicycle or other device not powered by a motor.

      (4) "Ride sharing" means the same as "flexible commuter ride sharing" as defined in RCW 46.74.010, including ride sharing on Washington state ferries.

      (5) "Car sharing" means a membership program intended to offer an alternative to car ownership under which persons or entities that become members are permitted to use vehicles from a fleet on an hourly basis.

      (6) "Telework" means a program where work functions that are normally performed at a traditional workplace are instead performed by an employee at his or her home at least one day a week for the purpose of reducing the number of trips to the employee's workplace.

      (7) "Applicant" means a person applying for a tax credit under this chapter.

      NEW SECTION. Sec. 2. A new section is added to chapter 82.70 RCW to read as follows:

      (1) Application for tax credits under this chapter must be received by the department between the first day of January and the 31st day of January, following the calendar year in which the applicant made payments to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the number of employees for which incentives are paid during the calendar year, the amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, the amount of credit deferred under RCW 82.70.040(2)(b)(i) to be used, and other information required by the department. For applications due by January 31, 2006, the application shall not include amounts paid from January 1, 2005, through June 30, 2005, to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting.

      (2) The department shall rule on the application within sixty days of the deadline provided in subsection (1) of this section.

      (3) The department shall disapprove any application not received by the deadline provided in subsection (1) of this section regardless of the reason that the application was received after the deadline.

      (4) After an application is approved and tax credit granted, no increase in the credit shall be allowed.

      Sec. 3. RCW 82.70.020 and 2003 c 364 s 2 are each amended to read as follows:


      (1) Employers in this state who are taxable under chapter 82.04 or 82.16 RCW and provide financial incentives to their own or other employees for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting before July 1, 2013, are allowed a credit against taxes payable under chapters 82.04 and 82.16 RCW for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, not to exceed sixty dollars per employee per fiscal year.

      (2) Property managers who are taxable under chapter 82.04 or 82.16 RCW and provide financial incentives to persons employed at a worksite in this state managed by the property manager for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting before July 1, 2013, are allowed a credit against taxes payable under chapters 82.04 and 82.16 RCW for amounts paid to or on behalf of these persons for ride sharing in vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized commuting, not to exceed sixty dollars per person per fiscal year.

      (3) The credit under this section is equal to the amount paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per fiscal year. ((The credit may not exceed the amount of tax that would otherwise be due under chapters 82.04 and 82.16 RCW.)) No refunds may be granted for credits under this section.

      (4) A person may not receive credit under this section for amounts paid to or on behalf of the same employee under both chapters 82.04 and 82.16 RCW.

      (5) A person may not take a credit under this section for amounts claimed for credit by other persons.

      Sec. 4. RCW 82.70.030 and 2003 c 364 s 3 are each amended to read as follows:

      (((1) Application for tax credit under RCW 82.70.020 may only be made in the form and manner prescribed in rules adopted by the department.

      (2) The credit under this section must be taken or deferred under RCW 82.70.040 against taxes due for the same fiscal year in which the amounts for which credit is claimed were paid to or on behalf of employees for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized commuting and must be claimed by the due date of the last tax return for the fiscal year in which the payment is made.

      (3))) Any person who knowingly makes a false statement of a material fact in the application required under section 2 of this act for a credit under RCW 82.70.020 is guilty of a gross misdemeanor.

      Sec. 5. RCW 82.70.040 and 2003 c 364 s 4 are each amended to read as follows:

      (1)(a) The department shall keep a running total of all credits ((accrued)) allowed under RCW 82.70.020 during each fiscal year. ((No person is eligible for tax credits under RCW 82.70.020 if the credits would cause the tabulation for the total amount of credits taken in any fiscal year)) The department shall not allow any credits that would cause the total amount allowed to exceed two million ((two)) seven hundred fifty thousand dollars in any fiscal year. This limitation includes any deferred credits carried forward under subsection (2)(b)(i) of this section from prior years.

      (b) If the total amount of credit applied for by all applicants in any year exceeds the limit in this subsection, the department shall ratably reduce the amount of credit allowed for all applicants so that the limit in this subsection is not exceeded. If a credit is reduced under this subsection, the amount of the reduction may not be carried forward and claimed in subsequent fiscal years.

      (2)(a) ((No person is eligible for)) Tax credits under RCW 82.70.020 may not be claimed in excess of the amount of tax ((that would)) otherwise ((be)) due under chapter 82.04 or 82.16 RCW.

      (b)(i) Through June 30, 2005, a person with taxes equal to or in excess of the credit under RCW 82.70.020, and therefore not subject to the limitation in (a) of this subsection, may elect to defer tax credits for a period of not more than three years after the year in which the credits accrue. No credits deferred under this subsection (2)(b)(i) may be used after June 30, 2008. A person deferring tax credits under this subsection (2)(b)(i) must submit an application as provided in section 2 of this act in the year in which the deferred tax credits will be ((applied)) used. This application is subject to ((eligibility under)) the provisions of subsection (1) of this section for the ((fiscal)) year in which the tax credits will be applied. If a deferred credit is reduced under subsection (1)(b) of this section, the amount of deferred credit disallowed because of the reduction may be carried forward as long as the period of deferral does not exceed three years after the year in which the credit was earned.

      (ii) For credits approved by the department after June 30, 2005, the approved credit may be carried forward to subsequent years until used. Credits carried forward as authorized by this subsection are subject to the limitation in subsection (1)(a) of this section for the fiscal year for which the credits were originally approved.

      (3) No person ((is eligible)) shall be approved for tax credits under RCW 82.70.020 in excess of two hundred thousand dollars in any fiscal year. This limitation does not apply to credits ((deferred in)) carried forward from prior years under subsection (2)(b) of this section.

      (4) No person ((is eligible for)) may claim tax credits((, including deferred credits authorized under subsection (2)(b) of this section,)) after June 30, 2013.

      (5) Credits may not be carried forward ((or carried backward)) other than as authorized in subsection (2)(b) of this section.

      (6) No person is eligible for tax credits under RCW 82.70.020 if the additional revenues for the multimodal transportation account created by Engrossed Substitute House Bill No. 2231 are terminated.

      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 July 1, 2005.

      NEW SECTION. Sec. 7. If Senate Bill No. 6103, or substantially similar legislation, is not enacted by June 30, 2005, this act is null and void."

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

PERSONAL PRIVILEGE

 

Senator Rasmussen: “Well, Mr. President there is a gentleman that’s been around the legislature for many, many years and he was always the godfather of the budget for the Senate. He’s kind of changed his position in my mind, well, he changed his position. I have to tell you that, for me, he’s the godfather of some very special children and I’d like to recognize him. He is sitting up in the gallery but he has helped me immensely in the last year and a half on an issue that I had about bringing care for autistic children. He worked with me to be able to bring an autism center, a satellite center, at the University of Washington at Tacoma. And in this budget, which many of you voted for, all of you, I’ve got to tell you thank you because we will be able to continue this outstanding program by Doctor Geraldine Dawson. This will reach children all across this state. As you know, autism is almost at epidemic proportions throughout our country and throughout the world. One out of every one-hundred and sixty-six children born today, one of them will be autistic. Randy Hodgins has been the godfather of this program for me, because he’s made sure that we could shepard it through this budget, through the legislature without a hearing but we all know how important this is. So, I’d like to take a minute to say thank you to Randy Hodgins for everything he’s done for us in the past but certainly for what he’s doing for children of the future. Thank you.”

 

MOTION

 

Senator Jacobsen moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 6003.

      Senator Jacobsen spoke in favor of the motion.


 

MOTION

 

The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 6003.

The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 6003 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6003, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6003, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30

      Voting nay: Senators Benson, Benton, Carrell, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens and Zarelli - 16

      Excused: Senators Deccio, Delvin and McCaslin - 3

ENGROSSED SENATE BILL NO. 6003, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED SENATE BILL NO. 6121,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5414, with the following amendment{s}:

      On page 5, line 5, after "airline," insert "air cargo carrier,"

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

Senator Haugen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5414.

      Senator Haugen spoke in favor of the motion.

 

MOTION

 

The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5414.

The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5414 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5414, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5414, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 4; Absent, 4; Excused, 3.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Doumit, Eide, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 38

      Voting nay: Senators Benton, Carrell, Esser and Morton - 4

      Absent: Senators Fairley, Finkbeiner, Mulliken and Oke - 4

      Excused: Senators Deccio, Delvin and McCaslin - 3

SUBSTITUTE SENATE BILL NO. 5414, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTIONS

 

On motion of Senator Esser, Senator Oke was excused.

On motion of Senator Morton, Senator Mulliken was excused.

On motion of Senator Hewitt, Senator Finkbeiner was excused.

      On motion of Senator Eide, Senator Fairley was excused.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5916, with the following amendment{s}:

      On page 2, after line 9 insert:

      "(3) As used in this section, "hybrid technology" means propulsion units powered by both electricity and gasoline."

      On page 2, at the beginning of line 19, insert "(1)"

      On page 2, after line 23 insert:

      "(2) "Hybrid technology" has the same meaning as provided in section 2 of this act."

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

 

MOTION

 

Senator Schmidt moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5916.

      Senator Schmidt spoke in favor of the motion.

 

MOTION

 

The President declared the question before the Senate to be the motion by Senator Schmidt that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5916.

The motion by Senator Schmidt carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5916 by voice vote.


The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5916, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5916, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Voting nay: Senator Schoesler - 1

      Excused: Senators Deccio, Delvin, Finkbeiner and McCaslin - 4

SECOND SUBSTITUTE SENATE BILL NO. 5916, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

The President signed:

      ENGROSSED SENATE BILL NO. 6121

 

MOTION

 

On motion of Senator Hewitt, Senators Benton and Benson were excused.

 

SIGNED BY THE PRESIDENT

 

The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6090

 

The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6094

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1044,

      SECOND SUBSTITUTE HOUSE BILL NO. 1240,

      HOUSE BILL NO. 1270,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1441,

      SUBSTITUTE HOUSE BILL NO. 1791,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1830,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1903,

      HOUSE BILL NO. 2170,

      SUBSTITUTE HOUSE BILL NO. 2289,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2314,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

APPOINTMENT OF INTERIM COMMITTEE

 

      The President announced the following appointments to the Joint Legislative Systems Committee: Senator Schmidt.

 

MOTION

 

      On motion of Senator Eide, the appointment to the interim committee was confirmed.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5177,

      SUBSTITUTE SENATE BILL NO. 5227,

      SUBSTITUTE SENATE BILL NO. 5290,

      SECOND SUBSTITUTE SENATE BILL NO. 5370,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5432,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5454,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5499,

      ENGROSSED SENATE BILL NO. 5513,

      SUBSTITUTE SENATE BILL NO. 5539,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5581,

      SUBSTITUTE SENATE BILL NO. 5602,

      SUBSTITUTE SENATE BILL NO. 5610,

      SUBSTITUTE SENATE BILL NO. 5615,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5620,

      SECOND SUBSTITUTE SENATE BILL NO. 5663,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5732,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5743,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5763,

      SECOND SUBSTITUTE SENATE BILL NO. 5782,

      SUBSTITUTE SENATE BILL NO. 5850,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5922,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5952,

      ENGROSSED SENATE BILL NO. 6096,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6103,

      ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8407,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

      HOUSE BILL NO. 1019,

      HOUSE BILL NO. 1066,

      ENGROSSED HOUSE BILL NO. 1241,

      HOUSE BILL NO. 1485,

      SUBSTITUTE HOUSE BILL NO. 1509,

      SUBSTITUTE HOUSE BILL NO. 1591,

      SUBSTITUTE HOUSE BILL NO. 1606,

      SUBSTITUTE HOUSE BILL NO. 1708,

      SUBSTITUTE HOUSE BILL NO. 1893,

      SUBSTITUTE HOUSE BILL NO. 2124,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2221,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2266,

      SUBSTITUTE HOUSE BILL NO. 2304,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309,

      HOUSE CONCURRENT RESOLUTION NO. 4408,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

      On motion of Senator Hewitt, Senator Carrell was excused.


 

SIGNED BY THE PRESIDENT

 

The President signed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1044,

      SECOND SUBSTITUTE HOUSE BILL NO. 1240,

      HOUSE BILL NO. 1270,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1441,

      SUBSTITUTE HOUSE BILL NO. 1791,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1830,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1903,

      HOUSE BILL NO. 2170,

      SUBSTITUTE HOUSE BILL NO. 2289,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2314.

 

The President signed:

      ENGROSSED SENATE BILL NO. 6003.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6091, with the following amendment{s}:

      Strike everything after the enacting clause and insert the following:

 

"2005-07 BIENNIUM

 

      NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2007.

      (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.

      (a) "Fiscal year 2006" or "FY 2006" means the fiscal year ending June 30, 2006.

      (b) "Fiscal year 2007" or "FY 2007" means the fiscal year ending June 30, 2007.

      (c) "FTE" means full-time equivalent.

      (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

      (e) "Provided solely" means the specified amount may be spent only for the specified purpose.

      (f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.

      (g) "LEAP" means the legislative evaluation and accountability program committee.

 

GENERAL GOVERNMENT AGENCIES--OPERATING

 

      NEW SECTION. Sec. 101. FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Grade Crossing Protective Account--State Appropriation$501,000

      The appropriation in this section is subject to the following conditions and limitations: Per current law, funds will be transferred from the public service revolving fund's miscellaneous fees and penalties accounts to the grade crossing protection account--state as needed to implement the commission's railroad safety program.

      NEW SECTION. Sec. 102. FOR THE MARINE EMPLOYEES COMMISSION

Puget Sound Ferry Operations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$390,000

      The appropriation in this section is subject to the following conditions and limitations: To address its growing caseload, the marine employees commission shall develop a plan for prioritizing cases to schedule for hearings. The commission shall report back to the transportation committees of the legislature on its case prioritization plan by December 15, 2005.

      NEW SECTION. Sec. 103. FOR THE STATE PARKS AND RECREATION COMMISSION

Motor Vehicle Account--State Appropriation. . . . . . . . . .$976,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The entire appropriation in this section is provided solely for road maintenance purposes.

      (2) The commission shall conduct a study of existing requirements regarding all-terrain vehicle (ATV) operators and submit recommendations to the legislature concerning whether revisions to those requirements are warranted. The study and recommendations shall, at a minimum, include (a) the feasibility of requiring a comprehensive hands-on ATV safety education and training program for ATV operators; (b) ATV operator equipment requirements; and (c) ATV operating requirements, including the adoption of minimum age requirements corresponding to different engine capacities of ATVs. The commission shall consult with the department of licensing and other stakeholders when conducting the study and developing recommendations and shall submit a final report to the transportation committees of the legislature by December 1, 2005.

      NEW SECTION. Sec. 104. FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Account--State Appropriation. . . . . . . . . .$329,000

      The appropriation in this section is subject to the following conditions and limitations: $329,000 of the motor vehicle account--state appropriation is provided solely for costs associated with the motor fuel quality program.

      NEW SECTION. Sec. 105. FOR THE DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION

Motor Vehicle Account--State Appropriation. . . . . . . . . .$200,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) If Second Substitute Senate Bill No. 5056 is not enacted by June 30, 2005, the entire appropriation shall lapse.

      (2) The entire appropriation is for additional staffing costs to be dedicated to state transportation activities. Furthermore, any staff hired to support transportation activities must have practical experience with complex construction projects.

 

GENERAL GOVERNMENT AGENCIES--CAPITAL

 

      NEW SECTION. Sec. 106. FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS

Motor Vehicle Account--State Appropriation. . . . . . . . $1,400,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $1,300,000 of the motor vehicle account--state appropriation is a one-time appropriation and is provided solely for the SR 14 interchange portion of the Beacon Rock state park entrance road project. Any portion of the appropriation not expended by June 30, 2007, shall revert to the motor vehicle account--state.

      (2) $100,000 of the appropriation is provided solely for road work on state route 20 at Deception Pass state park.

 

TRANSPORTATION AGENCIES--OPERATING

 

    NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Account--State Appropriation. . . . . . . $2,135,000

Highway Safety Account--Federal Appropriation. . . . $15,828,000

School Zone Safety Account--State Appropriation. . . . $3,300,000

Bicycle and Pedestrian Safety Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $21,303,000


   The appropriations in this section are subject to the following conditions and limitations: The Washington traffic safety commission shall contract with the Washington state institute for public policy to conduct a study of the impact of state programs concerning the reduction of DUI recidivism. The study must include, on a prioritized basis to the extent federal funds are made available for the study, the following components: (1) The state's existing deferred prosecution program; (2) the state's vehicle impound program; and (3) other states' programs that restrict a person's access to the vehicle, or suspend the vehicle license and registration, upon arrest or conviction.

   The completed study must be submitted to the appropriate legislative committees by December 1, 2006.

   NEW SECTION. Sec. 202. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State Appropriation. . . . . .$821,000

Motor Vehicle Account--State Appropriation. . . . . . . . $1,942,000

County Arterial Preservation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $777,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . $3,540,000

   NEW SECTION. Sec. 203. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account--State Appropriation. . . .$1,624,000

Transportation Improvement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,625,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . $3,249,000

   NEW SECTION. Sec. 204. FOR THE BOARD OF PILOTAGE COMMISSIONERS

Pilotage Account--State Appropriation. . . . . . . . . . . . . . .$417,000

   NEW SECTION. Sec. 205. FOR THE JOINT TRANSPORTATION COMMITTEE

Motor Vehicle Account--State Appropriation. . . . . . . . $1,400,000

   The appropriation in this section is subject to the following conditions and limitations:

   (1) The joint transportation committee shall conduct a review of state level governance of transportation, with a focus on the appropriate roles of the separate branches of government. The committee shall review the statutory duties, roles, and functions of the transportation commission and the department. In that review the committee shall determine which responsibilities may be transferred to the executive and which may be transferred to the legislature. By December 15, 2005, the joint transportation committee shall make its recommendations to the house of representatives and senate transportation committees. The joint transportation committee shall consult with affected agencies and other stakeholders in conducting its analysis. The committee may consult with and retain private professional and technical experts as necessary to ensure an independent review and analysis.

   (2) The joint transportation committee shall conduct a study regarding the feasibility of a statewide uniform motor vehicle excise tax (MVET) depreciation schedule. In addition to committee members, the participants in the study must include at a minimum the following individuals: (a) A representative of a regional transit authority (Sound Transit); (b) a representative of a regional transportation planning organization; (c) the secretary of transportation, or his or her designee; (d) a representative of the attorney general's office; (e) a representative of the department of licensing; and (f) a representative of the financial community. The purpose of the study is to develop an MVET depreciation schedule that more accurately reflects vehicle value but does not hinder outstanding contractual obligations.

   (3) Funds provided in this section are sufficient for the committee to administer a study of the most reliable and cost-effective means of providing passenger-only ferry service.

   (a) The study shall be guided by a 18 member task force consisting of the chairs and ranking members of the house of representatives and senate transportation committees, a designee of the director of the office of financial management, a member of the transportation commission, a designee of the secretary of transportation, a representative of organized labor, and ten stakeholders to be appointed by the governor as follows: Six representatives of ferry user communities, two representatives of public transportation agencies, and two representatives of commercial ferry operators.

    (b) The study shall examine issues including but not limited to the long-term viability of different service providers, cost to ferry passengers, the state subsidies required by each provider, and the availability of federal funding for the different service providers.

    (c) By November 30, 2005, the task force shall make its recommendations to the house of representatives and senate transportation committees.

    (4) $450,000 of the motor vehicle account--state appropriation is provided solely to administer a consultant study of the long-term viability of the state's transportation financing methods and sources.

    (a) At a minimum, the study must examine the following: (i) The short and long-term viability of the motor fuel tax (both state and federal) as a major source of funding for transportation projects and programs; (ii) the desirability and effectiveness of state-distributed transportation funds for the benefit of local units of government; (iii) the potential for alternative and/or emerging sources of transportation revenues, with particular emphasis on user-based fees and charges; and (iv) trends and implications of debt financing for transportation projects. The scope of work for the study may be expanded to include analysis of other financing issues relevant to the long-term viability of the state's transportation system.

    (b) The findings and recommendations must be submitted to the fiscal committees of the legislature by November 1, 2006.

    NEW SECTION. Sec. 206. FOR THE TRANSPORTATION COMMISSION

Motor Vehicle Account--State Appropriation. . . . . . . . $4,607,000

Multimodal Transportation Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,150,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . .$5,757,000

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

    (1) $1,500,000 of the motor vehicle fund account--state appropriation is provided solely for a comprehensive tolling study. The transportation commission, with the technical assistance of the department, must conduct a study of the state's transportation system to determine the feasibility of administering tolls on specific transportation facilities or a network of facilities. This study shall serve as the statewide tolling feasibility study required in Engrossed Substitute House Bill No. 1541, and shall serve as the tolling study necessary to implement toll facilities within a regional transportation investment district or its successor entity.

    (a) The study must include an analysis of the only currently-authorized toll facility, the Tacoma Narrows bridge project. The study findings must include (i) the development of more uniform and equitable policies regarding the distribution of financial obligations imposed on those paying the tolls on the Tacoma Narrows bridge, and (ii) opportunities and options for reducing the outstanding indebtedness on the bridge project, including the possibility of buy-downs and other means of spreading the cost of the project more equitably.

    (b) The study element for the benefit of a regional transportation investment district or regional transportation improvement authority must also address the state highway system and other transportation facilities in King, Pierce, and Snohomish counties to determine the feasibility of value pricing on a facility or network of facilities. This study element should: (i) Determine the potential for value pricing to generate revenues for needed transportation facilities; (ii) maximize the efficient operation of facilities and the transportation network; and (iii) provide economic indicators for future system investments. This element of the study must take into account congestion levels, facility and corridor capacity, time of use, economic considerations, and other factors deemed appropriate. The study must recommend any additional laws, rules, procedures, resources, studies, reports, or support infrastructure necessary or desirable before proceeding with the review, evaluation, or implementation of any toll projects or a system-wide, value priced transportation structure.


   (c) The study must specifically analyze the potential for a toll facility on SR 704, the cross-base highway located in Pierce county.

   (2) $2,270,000 of the motor vehicle account--state appropriation is provided solely for the transportation performance audit board. Within this amount, the transportation performance audit board shall conduct a study and make recommendations to the legislature regarding the modification RCW 47.01.012, state transportation goals and benchmarks. In conducting the study, the board shall consider at a minimum: Original recommendations of the Blue Ribbon Commission on Transportation; the current policy goals and benchmark categories; the goals outlined in Substitute House Bill No. 1969; the recent work related to benchmarks completed by the transportation commission and the Washington state department of transportation; the measures review completed by TPAB; and best practices.

   The board shall submit study results, including any legislative recommendations, to the transportation committees of the legislature by January 1, 2006.

   (3) $1,150,000 of the multimodal account--state appropriation is provided solely for a statewide rail capacity and needs analysis. The purpose of this study is to (a) assess the rail freight and rail passenger infrastructure needs in this state; (b) review the current powers, authorities, and interests the state has in both passenger and freight rail; (c) recommend public policies for state participation and ownership in rail infrastructure and service delivery, including but not limited to planning and governance issues; and (d) develop a rail asset management plan. The commission shall report their findings and conclusions of the study to the transportation committees of the legislature by December 1, 2006.

   NEW SECTION. Sec. 207. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD

Motor Vehicle Account--State Appropriation. . . . . . . . . .$664,000

   NEW SECTION. Sec. 208. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU

State Patrol Highway Account--State Appropriation.$202,530,000

State Patrol Highway Account--Federal Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,544,000

State Patrol Highway Account--Private/Local Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $169,000

                   TOTAL APPROPRIATION. . . . . . . . . . $213,243,000

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

   (1) Washington state patrol officers engaged in off-duty uniformed employment providing traffic control services to the department of transportation or other state agencies may use state patrol vehicles for the purpose of that employment, subject to guidelines adopted by the chief of the Washington state patrol. The Washington state patrol shall be reimbursed for the use of the vehicle at the prevailing state employee rate for mileage and hours of usage, subject to guidelines developed by the chief of the Washington state patrol. The patrol shall report to the house of representatives and senate transportation committees by December 31, 2005, on the use of agency vehicles by officers engaging in the off-duty employment specified in this subsection. The report shall include an analysis that compares cost reimbursement and cost-impacts, including increased vehicle mileage, maintenance costs, and indirect impacts, associated with the private use of patrol vehicles.

   (2) In addition to the user fees, the patrol shall transfer into the state patrol nonappropriated airplane revolving account under RCW 43.79.470 no more than the amount of appropriated state patrol highway account and general fund funding necessary to cover the costs for the patrol's use of the aircraft. The state patrol highway account and general fund--state funds shall be transferred proportionately in accordance with a cost allocation that differentiates between highway traffic enforcement services and general policing purposes.

   (3) The patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account. The patrol shall report the amount of expected locally provided DUI cost reimbursements to the transportation committees of the senate and house of representatives by December 31st of each year.

    (4) The state patrol highway account--state appropriation for DUI reimbursements shall only be spent for pursuit vehicle video cameras, datamaster DUI testing equipment, tire deflator equipment, and taser guns. The Washington state patrol prior to the issuance of any taser guns will train the troopers on using the equipment. The agency will provide a report to the transportation committees of the senate and house of representatives by December 31st of each year on the occurrences where the taser guns were utilized along with any issues that have been identified.

    (5) $29,000 of the state patrol highway account--state appropriation is provided solely for the implementation of House Bill No. 1469. If House Bill No. 1469 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

    (6) $5,580,000 of the total appropriation is provided solely for a 3.8% salary increase for commissioned officers effective July 1, 2005, in addition to any other salary increases provided for in this act.

    (7) A maximum of $9,855,000 of the total appropriation is provided for ferry security-related activities. The patrol shall explore alternatives for providing ferry security, including, but not limited to, using cadets whenever possible and contracting with local law enforcement agencies.

    (8) The Washington state patrol is authorized to use certificates of participation to fund the King Air aircraft replacement over a term of not more than ten years and an amount not to exceed $1,900,000.

    NEW SECTION. Sec. 209. FOR THE WASHINGTON STATE PATROL--TECHNICAL SERVICES BUREAU

State Patrol Highway Account--State Appropriation. .$82,748,000

State Patrol Highway Account--Private/Local

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,008,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $84,756,000

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

    (1) $247,000 of the state patrol highway account--state appropriation is provided solely for the implementation of Second Substitute House Bill No. 1188. If Second Substitute House Bill No. 1188 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

    (2) The Washington state patrol is instructed to work with the risk management division in the office of financial management in compiling the state patrol data for establishing the agency's risk management insurance premiums to the tort claims account. The office of financial management and the Washington state patrol shall submit a report to the transportation committees of the senate and house of representatives by December 31st of each year on the number of claims, estimated claims to be paid, method of calculation, and the adjustment in the premium.

    (3) $6,228,000 of the total appropriation is provided solely for automobile fuel in the 2005-2007 biennium.

    (4) $8,678,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.

    (5) $5,254,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.

    (6) $384,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the patrol.

    (7) A maximum of $412,000 of the total appropriation is provided for ferry security-related activities.

    NEW SECTION. Sec. 210. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES

Marine Fuel Tax Refund Account--State Appropriation. . . .$3,000

Motorcycle Safety Education Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $96,000

Wildlife Account--State Appropriation. . . . . . . . . . . . . . . .$82,000

Highway Safety Account--State Appropriation. . . . . . $11,418,000

Motor Vehicle Account--State Appropriation. . . . . . . . $7,043,000

DOL Services Account--State Appropriation. . . . . . . . . . . $88,000

Biometric Security Account--State Appropriation. . . . . . . $57,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $18,787,000


   The appropriations in this section are subject to the following conditions and limitations: $1,134,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF LICENSING--INFORMATION SERVICES

Marine Fuel Tax Refund Account--State Appropriation. . . .$2,000

Motorcycle Safety Education Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,000

Wildlife Account--State Appropriation. . . . . . . . . . . . . . .$102,000

Highway Safety Account--State Appropriation. . . . . . $20,698,000

Motor Vehicle Account--State Appropriation. . . . . . . $12,095,000

Motor Vehicle Account--Private/Local Appropriation. . .$500,000

DOL Services Account--State Appropriation. . . . . . . . .$7,825,000

Biometric Security Account--State Appropriation. . . . . . $728,000

                   TOTAL APPROPRIATION. . . . . . . . . . . $41,985,000

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

   (1) The department shall submit a report to the transportation committees of the legislature, detailing the progress made in transitioning from the HP3000 system, by December 30, 2005, and each December 1st thereafter until the project is fully completed.

   (2) $357,000 of the motor vehicle account--state appropriation is provided solely for the implementation of all special license plate bills introduced during the 2005 legislative session and approved by the special license plate review board. The amount provided in this subsection shall be reduced accordingly for any of those bills that are not enacted by June 30, 2005.

   (3) $58,000 of the state wildlife account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5423. If Substitute Senate Bill No. 5423 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   (4) $145,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES

Marine Fuel Tax Refund Account--State Appropriation. . .$26,000

Wildlife Account--State Appropriation. . . . . . . . . . . . . . .$626,000

Motor Vehicle Account--State Appropriation. . . . . . . $49,894,000

Motor Vehicle Account--Private/Local Appropriation. . .$872,000

DOL Services Account--State Appropriation. . . . . . . . .$1,146,000

Highway Safety Account--State Appropriation. . . . . . . . .$404,000

                   TOTAL APPROPRIATION. . . . . . . . . . . $52,968,000

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

   (1) $247,000 of the motor vehicle account--state appropriation is provided solely for the implementation of all special license plate bills introduced during the 2005 legislative session and approved by the special license plate review board. The amount provided in this subsection shall be reduced accordingly for any of those bills that are not enacted by June 30, 2005.

   (2) $11,000 of the wildlife account--state appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5423. If Engrossed Senate Bill No. 5423 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   (3) $404,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

 

   NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Motorcycle Safety Education Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,005,000

Highway Safety Account--State Appropriation. . . . . . $85,051,000

Highway Safety Account--Federal Appropriation. . . . . . . . .$8,000

Biometric Security Account--State Appropriation. . . . .$1,523,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $89,587,000

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

    (1) $970,000 of the highway safety account--state appropriation is provided solely for the commercial driver license program. The department shall informally report to the transportation committees of the legislature on the progress made in addressing federal audit findings and in implementing the federal motor carrier safety improvement act. Reports shall be made by the following dates: November 1, 2005, and each November 1st thereafter.

    (2) $412,000 of the motorcycle safety and education account--state appropriation is provided solely for the department's motorcycle safety program. The department shall informally report to the transportation committees of the legislature detailing the progress made in implementing national highway traffic safety assessment guidelines. Reports shall be made by the following dates: November 1, 2005, and each November 1st thereafter.

    (3) The department of licensing, in consultation with the department of transportation and other stakeholders, shall draft legislation to bring the state into compliance with any federal legislation or rules enacted relative to identification necessary for persons crossing international borders. The department shall report to the transportation committees of the legislature by December 1, 2005, on the recommended legislation for bringing the state into compliance with federal requirements.

    NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF TRANSPORTATION--TOLL OPERATIONS AND MAINTENANCE--PROGRAM B

Tacoma Narrows Toll Bridge Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,615,000

    NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF TRANSPORTATION--INFORMATION TECHNOLOGY--PROGRAM C

Motor Vehicle Account--State Appropriation. . . . . . . $55,941,000

Motor Vehicle Account--Federal Appropriation. . . . . . $1,973,000

Puget Sound Ferry Operations Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,558,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $363,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $66,835,000

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

    (1) $850,000 of the motor vehicle account--state appropriation is provided for the continued maintenance and support of the transportation executive information system (TEIS). The TEIS shall be enhanced during the 2005 legislative interim to shift towards a monitoring and reporting system capable of tracking and reporting on major project milestones and measurements. The department shall work with the legislature to identify and define meaningful milestones and measures to be used in monitoring the scope, schedule, and cost of projects.

    (2) $350,000 of the motor vehicle account--state appropriation is provided solely for a financial and capital project system needs assessment for future automation development and enhancements. The completed assessment will identify options which shall be presented to the transportation committees of the senate and the house of representatives by December 31, 2005.

    NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF TRANSPORTATION--FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION--PROGRAM D--OPERATING

Motor Vehicle Account--State Appropriation. . . . . . . $33,499,000

    NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F

Aeronautics Account--State Appropriation. . . . . . . . . . $5,632,000

Aeronautics Account--Federal Appropriation. . . . . . . . $2,150,000

Aircraft Search and Rescue Safety and

     Education Account--State Appropriation. . . . . . . . . . $262,000

Multimodal Transportation Account--State Appropriation$100,000

Multimodal Transportation Account--Federal Appropriation


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $900,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . $9,044,000

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

   (1)(a) $433,000 of the aeronautics account--state appropriation is provided solely for airport pavement projects. The department's aviation division shall complete a priority airport pavement project list by January 1, 2006, to be considered by the legislature in the 2006 supplemental budget. If Substitute Senate Bill No. 5414 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   (b) The entire aircraft search and rescue safety and education account appropriation shall lapse if Substitute Senate Bill No. 5414 is enacted by June 30, 2005.

   (c) If Substitute Senate Bill No. 5414 is enacted by July 1, 2005, then the remaining unexpended fund balance in the aircraft search and rescue, safety, and education account shall be deposited into the state aeronautics account.

   (2) The entire multimodal transportation account--state and federal appropriations are provided solely for implementing Engrossed Substitute Senate Bill No. 5121. If Engrossed Substitute Senate Bill No. 5121 is not enacted by June 30, 2005, or if federal funds are not received by March 1, 2006, for the purpose of implementing Engrossed Substitute Senate Bill No. 5121, the amount provided in this subsection shall lapse.

   NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H

Motor Vehicle Account--State Appropriation. . . . . . . $48,961,000

Motor Vehicle Account--Federal Appropriation. . . . . . . .$500,000

Multimodal Account--State Appropriation. . . . . . . . . . . . $250,000

                   TOTAL APPROPRIATION. . . . . . . . . . . $49,711,000

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

   (1) $300,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely for the purposes of providing contract services to the association of Washington cities and Washington state association of counties for (a) activities of the transportation permit efficiency and accountability committee, including pilot mitigation banking activities, and (b) other permit delivery efforts.

   (2) $1,475,000 of the motor vehicle account--state appropriation is provided solely for the staffing activities of the transportation permit efficiency and accountability committee.

   NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--ECONOMIC PARTNERSHIPS--PROGRAM K

Motor Vehicle Account--State Appropriation. . . . . . . . $1,068,000

   NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Account--State Appropriation. . . . . . $296,648,000

Motor Vehicle Account--Federal Appropriation. . . . . . $1,426,000

Motor Vehicle Account--Private/Local Appropriation. .$4,315,000

                   TOTAL APPROPRIATION. . . . . . . . . . $302,389,000

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

   (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations must be requested to restore state funding for ongoing maintenance activities.

   (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.

   (3) The department shall request an unanticipated receipt for any private or local funds received for reimbursements of third party damages that are in excess of the motor vehicle account--private/local appropriation.

    (4) Funding is provided for maintenance on the state system to allow for a continuation of the level of service targets included in the 2003-05 biennium. In delivering the program, the department should concentrate on the following areas:

    (a) Meeting or exceeding the target for structural bridge repair on a statewide basis;

    (b) Eliminating the number of activities delivered in the "f" level of service at the region level;

    (c) Reducing the number of activities delivered in the "d" level of service by increasing the resources directed to those activities on a statewide and region basis; and

    (d) Evaluating, analyzing, and potentially redistributing resources within and among regions to provide greater consistency in delivering the program statewide and in achieving overall level of service targets.

    (5) The department shall develop and implement a plan to improve work zone safety on a statewide basis. As part of the strategy included in the plan, the department shall fund equipment purchases using a portion of the money from the annual OTEF equipment purchasing and replacement process. The department shall also identify and evaluate statewide equipment needs (such as work zone safety equipment) and prioritize any such needs on a statewide basis. Substitute purchasing at the statewide level, when appropriate, shall be utilized to meet those identified needs. The department must report to the transportation committees of the legislature by December 1, 2005, on the plan, and by December 1, 2006, on the status of implementing the plan.

    NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q--OPERATING

Motor Vehicle Account--State Appropriation. . . . . . . $42,811,000

Motor Vehicle Account--Federal Appropriation. . . . . . $2,050,000

Motor Vehicle Account--Private/Local Appropriation. . .$128,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $44,989,000

    The appropriations in this section are subject to the following conditions and limitations: $4,400,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis.

    NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Account--State Appropriation. . . . . . . $25,434,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . .$30,000

Puget Sound Ferry Operations Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,321,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $973,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $27,758,000

    NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T

Motor Vehicle Account--State Appropriation. . . . . . . $22,390,000

Motor Vehicle Account--Federal Appropriation. . . . . $16,756,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,267,000

Multimodal Transportation Account--Federal

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,829,000

Multimodal Transportation Account--Private/Local

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,000

Transportation Partnership Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,000,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $50,342,000

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

    (1) In order to qualify for state planning funds available to regional transportation planning organizations under this section, a regional transportation planning organization containing any county with a population in excess of one million shall provide voting membership on its executive board to any incorporated principal city of a metropolitan statistical area within the region, as designated by the United States census bureau, and to any incorporated city within the region with a population in excess of eighty thousand as of July 1, 2005. Additionally, a regional transportation planning organization described under this subsection shall conduct a review of its executive board membership criteria to ensure that the criteria appropriately reflects a true and comprehensive representation of the organization's jurisdictions of significance within the region.

   (2) $900,000 of the multimodal transportation account--state appropriation and $4,000,000 of the transportation partnership account--state appropriation are provided solely for implementing Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089. This amount is not intended to fund a tolling feasibility study provided for in that legislation, since that funding is provided through appropriation to the transportation commission. If neither Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089 is enacted by June 30, 2005, the amount provided in this subsection shall lapse. None of this appropriation may be used for election expenses for an election held before January 1, 2006.

   (3) $2,000,000 of the transportation partnership account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) election and department of transportation project oversight. These funds are provided as a loan to the RTID and shall be repaid to the state motor vehicle account within one year following the certification of the election results related to the RTID. If either Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089 are enacted by June 30, 2005, the amount provided in this subsection shall lapse. None of this appropriation may be used for election expenses for an election held before January 1, 2006.

   (4) $175,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department to support the processing and analysis of the backlog of city and county collision reports by January 2006. The amount provided in this subsection shall lapse if federal funds become available for this purpose.

   (5) $150,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1565. If Engrossed Second Substitute House Bill No. 1565 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   (6) The department of transportation shall evaluate the number of spaces available for long-haul truck parking relative to current and projected future needs. The department of transportation shall also explore options for augmenting the number of spaces available, including, but not limited to, expanding state-owned rest areas or modifying regulations governing the use of these facilities, utilizing weigh stations and park and ride lots, and encouraging the expansion of the private sector's role. Finally, the department shall explore the utility of coordinating with neighboring states on long-haul truck parking and evaluate methodologies for alleviating any air quality issues relative to the issue. The department must report to the transportation committees of the legislature by December 1, 2005, on the options, strategies, and recommendations for long-haul truck parking.

   (7) $50,000 of the multimodal transportation account--state appropriation is provided solely for evaluating high-speed passenger transportation facilities and services, including rail or magnetic levitation transportation systems, to connect airports as a means to more efficiently utilize airport capacity, as well as connect major population and activity centers. This evaluation shall be coordinated with the airport capacity and facilities market analysis conducted pursuant to Engrossed Substitute Senate Bill No. 5121 and results of the evaluation shall be submitted by July 1, 2007. If Engrossed Substitute Senate Bill No. 5121 is not enacted by June 30, 2005, or if federal funds are not received by March 1, 2006, for the purpose of implementing Engrossed Substitute Senate Bill No. 5121, the amount provided in this subsection shall lapse.

    NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION-- CHARGES FROM OTHER AGENCIES--PROGRAM U

Motor Vehicle Account--State Appropriation. . . . . . . $45,030,000

Motor Vehicle Account--Federal Appropriation. . . . . . . .$400,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $45,430,000

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

    (1) $31,749,000 of the motor vehicle fund--state appropriation is provided solely for the liabilities attributable to the department of transportation. The office of financial management must provide a detailed accounting of the revenues and expenditures of the self-insurance fund to the transportation committees of the legislature on December 31st and June 30th of each year.

    (2) Payments in this section represent charges from other state agencies to the department of transportation.

    (a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT

DIVISION OF RISK MANAGEMENT FEES. . . . . . . $1,667,000

    (b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE

AUDITOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,017,000

    (c) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL

ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED

MAIL SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,049,000

    (d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF

PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,572,000

    (e) FOR PAYMENT OF SELF-INSURANCE LIABILITY

PREMIUMS AND ADMINISTRATION. . . . . . . . . . $31,749,000

    (f) FOR PAYMENT OF THE DEPARTMENT OF GENERAL

ADMINISTRATION CAPITAL PROJECTS SURCHARGE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,717,000

    (g) FOR ARCHIVES AND RECORDS MANAGEMENT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $545,000

    (h) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS

ENTERPRISES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,114,000

    NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V

Multimodal Transportation Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$62,269,000

Multimodal Transportation Account--Federal

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,603,000

Multimodal Transportation Account--Private/Local

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $155,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $65,027,000

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

    (1) $25,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.

    (a) $5,500,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers shall be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.

    (b) $19,500,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2003 as reported in the "Summary of Public Transportation - 2003" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions. The first $450,000 provided to King county shall be used as follows:

   (i) $320,000 shall be used to provide electric buses, instead of diesel buses, for service on Capital Hill in Seattle, Washington through June 30, 2007;

   (ii) $130,000 shall be used to provide training for blind individuals traveling through Rainier Valley and the greater Seattle area. The training is to include destination training and retraining due to the expected closure of the downtown bus tunnel and training on how to use the Sound Transit light rail system.

   (2) Funds are provided for the rural mobility grant program as follows:

   (a) $7,000,000 of the multimodal transportation account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the Summary of Public Transportation - 2003 published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.

   (b) $7,000,000 of the multimodal transportation account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.

   (3) $5,000,000 of the multimodal transportation account--state appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies will cover capital costs only; no operating costs for public transit agencies are eligible for funding under this grant program. No additional employees may be hired from the funds provided in this section for the vanpool grant program, and supplanting of transit funds currently funding vanpools is not allowed. Additional criteria for selecting grants must include leveraging funds other than state funds.

   (4) $3,000,000 of the multimodal transportation account--state appropriation is provided solely for the city of Seattle for the Seattle streetcar project on South Lake Union. Should the city receive any state funds for this purpose during the 2003-05 or 2005-07 biennium, the amount provided in this subsection must be reduced accordingly.

   (5) $1,200,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 2124. If Engrossed Substitute House Bill No. 2124 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

   (6) Pursuant to the grant program established in Engrossed Substitute House Bill No. 2124, the department shall issue a call for projects and/or service proposals. Applications must be received by the department by November 1, 2005, and November 1, 2006. The department must submit a prioritized list for funding to the transportation committees of the legislature that reflects the department's recommendation, as well as, a list of all project or service proposals received.

   (7) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for new tri-county connection service for Island, Skagit, and Whatcom transit agencies.

   (8) $2,000,000 of the multimodal transportation account--state appropriation is provided solely to King county as a state match to obtain federal funding for a car sharing program for persons meeting certain income or employment criteria.

   NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Puget Sound Ferry Operations Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$350,454,000

Multimodal Transportation Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,660,000

                   TOTAL APPROPRIATION. . . . . . . . . . $354,114,000

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

   (1) $57,928,000 of the total appropriation is provided solely for auto ferry vessel operating fuel in the 2005-2007 biennium.

   (2) The total appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 2005-2007 biennium may not exceed $222,356,000, plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $584.58 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2006 and $584.58 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2007, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2005-2007 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

    (3) $1,116,000 of the Puget Sound ferry operations account--state appropriation is provided solely for ferry security operations necessary to comply with the ferry security plan submitted by the Washington state ferry system to the United States coast guard. The department shall track security costs and expenditures. Ferry security operations costs shall not be included as part of the operational costs that are used to calculate farebox recovery.

    (4) The Washington state ferries must work with the department's information technology division to implement an electronic fare system, including the integration of the regional fare coordination system (smart card). Each December and June, semi-annual updates must be provided to the transportation committees of the legislature concerning the status of implementing and completing this project, with updates concluding the first December after full project implementation.

    (5) The Washington state ferries shall continue to provide service to Sidney, British Columbia.

    (6) $3,660,000 of the multimodal transportation account--state appropriation is provided solely to provide passenger-only ferry service. The ferry system shall continue passenger-only ferry service from Vashon Island to Seattle through June 30, 2007. Beginning September 1, 2005, ferry system management shall implement its agreement with the Inlandboatmen's Union of the Pacific and the International Organization of Masters, Mates and Pilots providing for part-time passenger-only work schedules. Funds may not be spent to implement the results of the passenger-only ferry study conducted by the joint transportation committee provided in section 205 of this act until approved by the legislature.

    NEW SECTION. Sec. 227. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--OPERATING

Multimodal Transportation Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$36,420,000

    The appropriation in this section is subject to the following conditions and limitations:

    (1) $29,091,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service.

    (2) $2,750,000 of the multimodal transportation account--state appropriation is provided solely for a new round trip rail service between Seattle and Portland beginning July 1, 2006.

    (3) No AMTRAK Cascade runs may be eliminated.

    (4) $200,000 of the multimodal transportation account--state appropriation is provided solely for the produce railcar program. The department is encouraged to implement the produce railcar program by maximizing private investment.

 

    NEW SECTION. Sec. 228. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--OPERATING

Motor Vehicle Account--State Appropriation. . . . . . . . $7,947,000

Motor Vehicle Account--Federal Appropriation. . . . . . $2,597,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $211,000


                   TOTAL APPROPRIATION. . . . . . . . . . . $10,755,000

   The appropriations in this section are subject to the following conditions and limitations: $211,000 of the motor vehicle account--state appropriation and $211,000 of the multimodal transportation account--state appropriation are provided solely for the state's contribution to county and city studies of flood hazards in association with interstate highways. First priority shall be given to threats along the I-5 corridor.

 

TRANSPORTATION AGENCIES--CAPITAL

 

   NEW SECTION. Sec. 301. FOR THE WASHINGTON STATE PATROL

State Patrol Highway Account--State Appropriation. . .$2,801,000

   The appropriation in this section is subject to the following conditions and limitations:

   (1) $1,535,000 of the appropriation is provided solely for the Shelton training academy domestic water and wastewater treatment project.

   (2) $1,266,000 of the appropriation is provided solely for minor works projects.

   (3) The Washington state patrol, through the director of fire protection, shall study and make recommendations to the legislature regarding the need for improvements and additions to the state fire training academy located at North Bend. The patrol may include in its recommendations information regarding capital improvements, additional staffing and salary requirements, and technology improvements. The study and recommendations shall be submitted to the legislature by December 1, 2005.

   NEW SECTION. Sec. 302. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State Appropriation. . . $67,933,000

Motor Vehicle Account--State Appropriation. . . . . . . . . .$355,000

County Arterial Preservation Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,392,000

                   TOTAL APPROPRIATION. . . . . . . . . . . $98,680,000

   The appropriations in this section are subject to the following conditions and limitations: $355,000 of the motor vehicle account--state appropriation is provided for county ferries as set forth in RCW 47.56.725(4).

   NEW SECTION. Sec. 303. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account--State Appropriation. . .$99,425,000

Small City Preservation and Sidewalk

   Account--State Appropriation. . . . . . . . . . . . . . . . . . .$2,000,000

Transportation Improvement Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$103,601,000

                   TOTAL APPROPRIATION. . . . . . . . . . $205,026,000

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

   (1) The transportation improvement account--state appropriation includes $14,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. The transportation improvement board may authorize the use of current revenues available to the agency in lieu of bond proceeds for any part of the state appropriation.

   (2) $2,000,000 of the small city preservation and sidewalk account--state appropriation is provided to fund the provisions of chapter 83, Laws of 2005 (Substitute Senate Bill No. 5775).

   NEW SECTION. Sec. 304. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL

Motor Vehicle Account--State Appropriation. . . . . . . . $2,492,000

   The appropriation in this section is subject to the following conditions and limitations:

   (1) $601,000 of the motor vehicle account--state appropriation is provided solely for the statewide administration.

   (2) $632,000 of the motor vehicle account--state appropriation is provided solely for regional minor projects.

   (3) $224,000 of the motor vehicle account--state appropriation is provided solely for designing the replacement of the existing outdated maintenance facility in Ephrata.

    (4) $219,000 of the motor vehicle account--state appropriation is provided solely for the designing of the northwest regional maintenance complex in Seattle.

    (5) $833,000 of the motor vehicle account--state appropriation is provided solely for the Olympic region headquarters project.

    (a) The department of transportation is authorized to use certificates of participation for the financing of the Olympic region project in the amount of $34,874,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW.

    (b) The Washington state department of transportation may utilize the design-build process in accordance with chapter 39.10 RCW for the Olympic region project. If the design-build process is used, it may be developed in partnership with the department of general administration.

    NEW SECTION. Sec. 305. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Transportation 2003 Account (Nickel Account)--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $1,175,004,000

Motor Vehicle Account--State Appropriation. . . . . . . $70,359,000

Motor Vehicle Account--Federal Appropriation. . . . $229,036,000

Motor Vehicle Account--Private/Local Appropriation$33,893,000

Special Category C Account--State Appropriation. . . . $3,419,000

Tacoma Narrows Toll Bridge Account Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $272,329,000

Transportation Partnership Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$519,786,000

                 TOTAL APPROPRIATION. . . . . . . . . $2,303,826,000

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

    (1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Highway Improvement Program (I) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.

    (a) Within the amount provided in this subsection, $500,000 of the transportation 2003 account (nickel account) appropriation is provided for right-of-way acquisition for the SR 502 widening from Battleground to I-5. The department must develop a right-of-way acquisition plan in conjunction with the city of Battleground that conforms with the city's comprehensive growth management plan. No funds may be expended on this project until the city of Battleground and the department of transportation have reached an agreement on the right-of-way acquisition plan.

    (b) Within the amounts provided in this subsection, $5,000,000 of the transportation partnership account--state appropriation is provided solely for project 109040S: I-90/Seattle to Mercer Island – Two way transit/HOV. Expenditure of these funds is contingent upon the development of an access plan that provides equitable and dependable access for I-90 Mercer Island exit and entry.

    (c) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for a west Olympia access study, to complete an access study for state route 101/west Olympia.

    (d) Within the amounts provided in this subsection, $800,000 of the transportation partnership account--state appropriation is provided solely for an SR 534 access point decision report.

    (e) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for an eastern Washington freight corridor study, to evaluate the development of a freight corridor from Osoyoos, Canada to Mesa, Franklin county.

    (f) Within the amounts provided within this subsection, $435,000,000 of the transportation partnership account--state appropriation is provided solely for project 509009B: I-90 Snoqualmie Pass East - Hyak to Keechelus dam. However, if the preferred alternative selected for this project results in a lower total project cost, the remaining funds may be used for concrete rehabilitation on I-90 in the vicinity of this project.


   (2) The motor vehicle account--state appropriation includes $53,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

   (3) The department shall not commence construction on any part of the SR 520 bridge project until agreements have been reached with the incorporated towns or cities that represent the communities affected by the SR 520 project. The agreements must provide reasonable assurance that no further degradation will occur to the citizens' current use and enjoyment of their properties as a result of repairs and improvements made to the SR 520 bridge and its connecting roadways. Such assurances may be achieved through engineering design choices, mitigation measures, or a combination of both.

   (4) The transportation partnership account--state appropriation includes $400,000,000 in proceeds from the sale of bonds authorized by Substitute House Bill No. 2311 (or the version as enacted into law). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

   (5) The Tacoma Narrows toll bridge account--state appropriation includes $257,016,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The Tacoma Narrows toll bridge account--state appropriation includes $15,313,000 in unexpended proceeds from the January 2003 bond sale authorized in RCW 47.10.843 for the Tacoma Narrows bridge project.

   (6) The transportation 2003 account (nickel account)--state appropriation includes $940,000,000 in proceeds from the sale of bonds authorized by chapter 147, Laws of 2003. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

   (7) To manage some projects more efficiently, federal funds may be transferred from program Z to program I and replaced with state funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.

   (8) The department shall, on a quarterly basis beginning July 1, 2005, provide to the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).

   (9) The department of transportation shall conduct an analysis of the causes of traffic congestion on I-5 in the vicinity of Fort Lewis and develop recommendations for alleviating the congestion. The department must report to the transportation committees of the legislature by December 1, 2005, on its analysis and recommendations regarding traffic congestion on I-5 in the vicinity of Fort Lewis.

   (10) The department of transportation is authorized to proceed with the SR 519 Intermodal Access project if the city of Seattle has not agreed to a project configuration or design by July 1, 2006.

   (11) The department of transportation shall remove any median barriers on South Kent Des Moines Road between I-5 and Pacific Highway that prevent vehicles from making a left turn across the roadway.

   (12) $13,000,000 of the transportation 2003 account (nickel account)--state appropriation and $5,000,000 of the transportation partnership account--state appropriation are provided solely for construction of a new interchange on SR 522 to provide direct access to the University of Washington Bothell/Cascadia community college joint campus. This appropriation assumes an additional $8,000,000 will be provided in the 2007-09 biennium from the transportation partnership account.

    NEW SECTION. Sec. 306. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P Transportation 2003 Account (Nickel Account)--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,622,000

Motor Vehicle Account--State Appropriation. . . . . . . $76,824,000

Motor Vehicle Account--Federal Appropriation. . . . $404,360,000

Motor Vehicle Account--Private/Local Appropriation. .$6,656,000

Puyallup Tribal Settlement Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,000,000

Transportation Partnership Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$139,533,000

                 TOTAL APPROPRIATION. . . . . . . . . . .$648,995,000

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

    (1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Highway Preservation Program (P) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.

    (a) Within the amounts provided in this subsection, $139,033,000 of the transportation partnership account--state appropriation is provided solely for implementation of structures preservation (P2) projects.

    (b) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for implementation of other facilities (P3) projects.

    (2) $11,000,000 of the Puyallup tribal settlement account--state appropriation is provided solely for mitigation costs associated with the Murray Morgan/11st Street Bridge demolition. The department may negotiate with the city of Tacoma for the purpose of transferring ownership of the Murray Morgan/11th Street Bridge to the city. The department may use the Puyallup tribal settlement account appropriation, as well as any funds appropriated in the current biennium and planned in future biennia for the demolition and mitigation for the demolition of the bridge to rehabilitate or replace the bridge, if agreed to by the city. In no event shall the department's participation exceed $26,500,000 and no funds may be expended unless the city of Tacoma agrees to take ownership of the bridge in its entirety and provide that the payment of these funds extinguishes any real or implied agreements regarding future expenditures on the bridge.

    (3) $11,590,000 of the motor vehicle account--state appropriation, $95,299,000 of the motor vehicle account--federal appropriation, and $113,591,000 of the transportation partnership account--state appropriation are provided solely for the Hood Canal bridge project.

    (4) The motor vehicle account--state appropriation includes $530,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.

    (5) The department of transportation shall continue to implement the lowest life cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds. Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.

    (6) To manage some projects more efficiently, federal funds may be transferred from program Z to program P and replaced with state funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.

   (7) The department shall, on a quarterly basis beginning July 1, 2005, provide to the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).

   NEW SECTION. Sec. 307. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q--CAPITAL

Motor Vehicle Account--State Appropriation. . . . . . . $17,519,000

Motor Vehicle Account--Federal Appropriation. . . . . $15,068,000

Motor Vehicle Account--Local Appropriation. . . . . . . . . $108,000

                   TOTAL APPROPRIATION. . . . . . . . . . . $32,695,000

   The appropriations in this section are subject to the following conditions and limitations: The motor vehicle account--state appropriation includes $11,255,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than the commercial vehicle information systems and network. These moneys shall be placed into reserve status until such time as federal funds are secured that require a state match.

   NEW SECTION. Sec. 308. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W

Puget Sound Capital Construction Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$153,184,000

Puget Sound Capital Construction Account--Federal

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59,967,000

Puget Sound Capital Construction Account--Private/Local

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,249,000

Transportation 2003 Account (Nickel Account)--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $34,987,000

                   TOTAL APPROPRIATION. . . . . . . . . . $261,413,000

   The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel construction, major and minor vessel preservation, and terminal preservation, construction, and improvements. The appropriations in this section are subject to the following conditions and limitations:

   (1) The Puget Sound capital construction account--state appropriation includes $72,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.

   (2) The multimodal transportation account--state appropriation includes $10,249,000 in proceeds from the sale of bonds authorized by RCW 47.10.867. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds from any part of the state appropriation.

   (3) $15,617,000 of the Puget Sound capital construction account--state appropriation is provided solely for the Eagle Harbor Terminal Preservation project.

   (4) The entire transportation 2003 account (nickel account) appropriation and $10,249,000 of the multimodal transportation account--state appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Ferries Construction Program (W) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.

    (5) The department shall, on a quarterly basis beginning July 1, 2005, provide to the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).

    (6) $3,000,000 of the multimodal transportation account--state appropriation is provided solely to implement approved recommendations of the stakeholder task force convened to study the most reliable and cost-effective means of providing passenger-only ferry service. The funds provided in this subsection shall be placed in reserve by the office of financial management. The funds may not be released until approved by the legislature.

    NEW SECTION. Sec. 309. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL

Essential Rail Assistance Account--State Appropriation. .$250,000

Multimodal Transportation Account--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$67,158,000

Multimodal Transportation Account--Private/Local

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,287,000

Multimodal Transportation Account--Federal

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,966,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . $88,161,000

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

    (1) The multimodal transportation account--state appropriation includes $33,435,000 in proceeds from the sale of bonds and $830,000 in unexpended bond proceeds authorized by RCW 47.10.867. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) If federal block grant funding for freight or passenger rail is received, the department shall consult with the transportation committees of the legislature prior to spending the funds on additional projects.

    (3)(a) $67,158,000 of the multimodal transportation account--state appropriation, $11,966,000 of the multimodal transportation account--federal appropriation, $8,287,000 of the multimodal transportation account--local appropriation, and $250,000 of the essential rail assistance account are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-2, Rail Capital Program (Y) as developed April 23, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.

    (b) Within the amounts provided in this subsection, $6,500,000 of the multimodal transportation account--state appropriation is provided solely for the two commuter rail projects listed in the LEAP Transportation Document 2005-6, Rail Capital Program (Y) as developed April 24, 2005.

    (4) If the department issues a call for projects, applications must be received by the department by November 1, 2005, and November 1, 2006.

    (5) $50,000 of the multimodal transportation account--state appropriation is provided solely for a study of eastern Skagit county freight rail. The study shall examine the feasibility of restoring portions of freight rail line to the towns of Lyman, Hamilton, and Concrete. The study must also identify existing and potential industrial sites available for development and redevelopment, and the freight rail service needs of the identified industrial sites.

    NEW SECTION. Sec. 310. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL

Highway Infrastructure Account--State Appropriation. . .$207,000

Highway Infrastructure Account--Federal Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,602,000

Motor Vehicle Account--Federal Appropriation. . . . . $18,221,000

Motor Vehicle Account--State Appropriation. . . . . . . . $6,702,000

Freight Mobility Investment Account--State


   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,000,000

Multimodal Transportation Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $36,002,000

                   TOTAL APPROPRIATION. . . . . . . . . . . $74,734,000

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

   (1) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the transportation commission. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.

   (2) The department shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects as outlined in the project lists distributed with this act, and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. For projects funded by new revenue in the 2003 and 2005 transportation packages, reporting elements shall include, but not be limited to, project scope, schedule, and costs. Other projects may be reported on a programmatic basis. The department shall also provide the information required under this subsection via the transportation executive information system (TEIS).

   (3) The multimodal transportation account--state appropriation includes $6,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.867. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

   (4) $3,545,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to fund the multiphase cooperative project with the state of Oregon to dredge the Columbia River. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.

   (5) $274,000 of the motor vehicle account--state appropriation is reappropriated and provided solely for additional traffic and pedestrian safety improvements near schools. The highways and local programs division within the department of transportation shall administer this program. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded traffic and pedestrian safety improvement grant funds, but does not report activity on the project within one year of grant award should be reviewed by the department to determine whether the grant should be terminated. The department must promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. The department shall expeditiously extend new grant awards to qualified projects when funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout.

   (6) The motor vehicle account--state appropriation includes $905,000 in unexpended proceeds from the sale of bonds authorized by RCW 47.10.843.

   (7) $867,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to support the safe routes to school program.

   (8) $18,221,000 of the motor vehicle account--federal appropriation is provided solely for the local freight capital projects in progress identified in this subsection. The specific funding listed is provided solely for the respective projects: SR 397 Ainsworth Ave. Grade Crossing, $5,180,000; Colville Alternate Truck Route, $2,000,000; S. 228th Street Extension and Grade Separation, $6,500,000; Bigelow Gulch Road-Urban Boundary to Argonne Rd., $2,000,000; Granite Falls Alternate Route, $1,791,000; and Pacific Hwy. E./Port of Tacoma Road to Alexander, $750,000.

    (9) $3,400,000 of the motor vehicle account--state appropriation is provided solely for the local freight capital projects in progress identified in this subsection. The specific funding listed is provided solely for the respective projects: Duwamish Intelligent Transportation Systems (ITS), $2,520,000; Port of Kennewick/Piert Road, $520,000; SR 397 Ainsworth Ave. Grade Crossing, $360,000.

    (10) $6,000,000 of the multimodal account--state appropriation is provided solely for the local freight 'D' street grade separation project.

    (11) The department must issue a call for pedestrian safety projects, such as safe routes to schools and transit, and bicycle and pedestrian paths. Applications must be received by the department by November 1, 2005, and November 1, 2006. The department shall identify cost-effective projects, and submit a prioritized list to the legislature for funding by December 15th of each year. Preference will be given to projects that provide a local match. The grant recipients may only be governmental entities.

    (12) $19,540,000 of the multimodal transportation account--state appropriation and $12,000,000 of the freight investment account--state appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Local Programs (Z) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.

    (13) $870,000 of the multimodal transportation account--state appropriation is provided solely for the Yakima Avenue, 9th Street to Front Street, pedestrian safety improvement project.

 

TRANSFERS AND DISTRIBUTIONS

 

    NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation. .$354,913,000

Nondebt-Limit Reimbursable Account Appropriation. .$8,775,000

Ferry Bond Retirement Account Appropriation. . . . . .$39,010,000

Transportation Improvement Board Bond Retirement

    Account--State Appropriation. . . . . . . . . . . . . . . . . $30,899,000

Motor Vehicle Account--State Appropriation. . . . . . . . $2,562,000

Transportation Improvement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105,000

Multimodal Transportation Account--State Appropriation$303,000

Transportation 2003 Account (Nickel Account)

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$19,177,000

                 TOTAL APPROPRIATION. . . . . . . . . . .$455,744,000

    NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Account--State Appropriation. . . . . . . . . .$283,000

Transportation Improvement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $13,000

Multimodal Transportation Account--State Appropriation.$96,000

Transportation 2003 Account (Nickel Account)--State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,400,000

Transportation Partnership Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,800,000

                 TOTAL APPROPRIATION. . . . . . . . . . . . .$5,592,000

    NEW SECTION. Sec. 403. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR MVFT BONDS AND TRANSFERS

   (1) Motor Vehicle Account--State Reappropriation:

For transfer to the Tacoma Narrows toll bridge

account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $257,016,000

   The department of transportation is authorized to sell up to $257,016,000 in bonds authorized by RCW 47.10.843 for the Tacoma Narrows bridge project. Proceeds from the sale of the bonds shall be deposited into the motor vehicle account. The department of transportation shall inform the treasurer of the amount to be deposited.

   (2) Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound capital construction

account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $72,000,000

   The department of transportation is authorized to sell up to $72,000,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries.

   NEW SECTION. Sec. 404. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

   Motor Vehicle Account Appropriation for

motor vehicle fuel tax distributions to cities

and counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450,757,000

   NEW SECTION. Sec. 405. FOR THE STATE TREASURER--TRANSFERS

   Motor Vehicle Account--State

Appropriation: For motor vehicle fuel tax

refunds and transfers. . . . . . . . . . . . . . . . . . . . . . . . . .$820,769,000

   NEW SECTION. Sec. 406. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS

   (1) RV Account--State Appropriation:

For transfer to the Motor Vehicle Account--State. . . . . $2,000,000

   (2) Motor Vehicle Account--State Appropriation:

For transfer to Puget Sound Capital Construction

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $73,000,000

   (3) Highway Safety Account--State Appropriation:

For transfer to the Motor Vehicle Account--State. . . . $10,000,000

   (4) Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound Ferry Operations

   Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$19,087,000

   (5) Motor Vehicle Account--State Appropriation:

For transfer to the Transportation Partnership

    Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $51,372,000

   (6) Highway Safety Account--State Appropriation:

For transfer to the Multimodal Transportation

   Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,170,000

   (7) Transportation Partnership Account--State Appropriation:

For transfer to the Small City Pavement and Sidewalk

   Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,000,000

   (8) Transportation Partnership Account--State Appropriation:

For transfer to the Transportation Improvement

   Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,000,000

   (9) Transportation Partnership Account--State Appropriation:

For transfer to the Rural Arterial Trust Account--State$3,000,000

   (10) Technology Account--State Appropriation:

For transfer to the Motor Vehicle Account--State. . . . . $2,500,000

   (11) Motor Vehicle Account--State Appropriation:

For transfer to the State Patrol Highway Account--

State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,406,000

   (12) Motor Vehicle Account--State Appropriation:

For transfer to the Transportation 2003 Account

(Nickel Account)--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$461,000

   (13) Multimodal Transportation Account--State Appropriation:

For transfer to the Transportation Partnership

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $29,400,000

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

   (a) The department of transportation shall only transfer funds in subsection (2) of this section up to the level provided, on an as-needed basis.

   (b) The amount identified in subsection (3) of this section may not include any revenues collected as passenger fares.

    NEW SECTION. Sec. 407. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in sections 101 through 408 of this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.

    NEW SECTION. Sec. 408. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

 

COMPENSATION

 

    NEW SECTION. Sec. 501. EMPLOYEE SALARY COST OF LIVING ADJUSTMENT. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for salary cost of living adjustments subject to the following conditions and limitations:

    (1) In addition to the purposes set forth in subsection (2) through (4) of this section, the appropriations for cost of living adjustments provide for a 3.2% increase effective July 1, 2005, for all state employees represented by a collective bargaining unit under the personnel system reform act of 2002.

    (2) The appropriations for cost of living adjustments provide for a 3.2% increase effective September 1, 2005, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable.

    (3) The appropriations are also sufficient to fund a 3.2% salary increase effective September 1, 2005, for ferry system employees and for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.

    (4) The appropriations for cost of living adjustments provide for a 1.6% salary increase effective July 1, 2006, until June 30, 2007, for all state employees represented by a collective bargaining unit under the personnel system reform act of 2002. In addition, appropriation is provided for a 1.6% increase effective September 1, 2006, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable. The appropriation is also sufficient to fund a 1.6% salary increase effective September 1, 2006, until June 30, 2007, for ferry system employees and for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.

    (5)(a) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the personnel resources board or the director of personnel, as applicable.

    (b) The average salary increases paid under this section to agency officials whose maximum salaries are established by the committee on agency official salaries shall not exceed the average increases provided under subsection (3) of this section.


   NEW SECTION. Sec. 502. COMPENSATION--INSURANCE BENEFITS. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for insurance benefits subject to the following conditions and limitations:

   (1)(a) The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $663.00 per eligible employee for fiscal year 2006. For fiscal year 2007, the monthly employer funding rate shall not exceed $744.00 per eligible employee covered by the health insurance collective bargaining agreement reached between the governor and health insurance coalition under the personnel system reform act of 2002 or $618.00 per eligible ferry system employee and general government employee not covered under that agreement.

   (b) In order to achieve the level of funding provided for health benefits, the public employees' benefits board shall require any or all of the following: Employee premium copayments, increases in point-of-service cost sharing, the implementation of managed competition, or other changes to benefits consistent with RCW 41.05.065.

   (c) The health care authority shall deposit any moneys received on behalf of the uniform medical plan as a result of rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys recovered as a result of prior uniform medical plan claims payments, into the public employees' and retirees' insurance account to be used for insurance benefits. Such receipts shall not be used for administrative expenditures.

   NEW SECTION. Sec. 503. CONTRIBUTIONS TO RETIREMENT SYSTEMS. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for agency savings in the cost of other compensation items provided at the pension rates as set forth in House Bill No. 1043 and Engrossed Substitute House Bill No. 1044.

   NEW SECTION. Sec. 504. COMPENSATION ADJUSTMENT FOR SALARY SURVEY. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for compensation adjustments related to the salary survey.

   NEW SECTION. Sec. 505. COMPENSATION ADJUSTMENT FOR CLASSIFICATION REVISIONS. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for the compensation adjustment related to the classification revisions.

 

IMPLEMENTING PROVISIONS

 

   NEW SECTION. Sec. 601. INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by sections 101 through 611 of this act.

   (1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative statewide infrastructure.

   (2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:

   (a) System refurbishment, acquisitions, and development efforts;

   (b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;

    (c) Assessment of overall information processing performance, resources, and capabilities;

    (d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and

    (e) Progress toward enabling electronic access to public information.

    (3) Each project will be planned and designed to take optimal advantage of Internet technologies and protocols. Agencies shall ensure that the project is in compliance with the architecture, infrastructure, principles, policies, and standards of digital government as maintained by the information services board.

    (4) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and statewide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.

    (5) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.

    (6) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.

    (7) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.

    (8) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.

    NEW SECTION. Sec. 602. The department of transportation may transfer federal funds for state funds within the preservation and improvement programs if funded projects are eligible to use additional federal funds and the scope of the project is not increased. The department shall not transfer funds as authorized under this subsection without approval of the director of financial management. A report of the transfers will be submitted on October 1st of each fiscal year to the senate and house of representatives transportation committees.

   NEW SECTION. Sec. 603. (1) The transportation commission may authorize a transfer of spending allocation within the appropriation provided and between projects funded with transportation 2003 account (nickel account) appropriations or the transportation partnership account appropriations to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:

   (a) Transfers from a project may be made if the funds allocated to the project are in excess of the amount needed to complete the project;

   (b) Transfers from a project may be made if the project is experiencing unavoidable expenditure delays;

   (c) Transfers from a project may not be made as a result of the reduction of the scope of a project, nor shall a transfer be made to support increases in the scope of a project;

   (d) Each transfer between projects may only occur if the commission finds that any resulting change will not hinder the completion of the projects approved by the legislature; and

   (e) Transfers may not occur to projects not identified on the applicable project list.

   (2) A report of the transfers shall be submitted on October 1st of each fiscal year to the senate and house of representatives transportation committees.

   NEW SECTION. Sec. 604. If House Bill No. 1254 is enacted by July 1, 2005, then on June 30, 2007, the remaining unexpended fund balance in the bicycle and pedestrian safety account shall be deposited into the Share the Road account established in House Bill No. 1254.

   NEW SECTION. Sec. 605. The department of transportation shall eliminate 131 middle management positions by June 30, 2007. The middle management reduction, however, shall not impact the work force required to manage and support the delivery of the 2003 nickel package and 2005 transportation partnership package.

   NEW SECTION. Sec. 606. Based on the anticipated outcomes of the tolling study, to be conducted under section 206 of this act, the legislature intends that tolls be charged to offset or partially offset the costs for the Alaskan Way Viaduct, State Route 520 Bridge replacement, and widening of Interstate 405 including a managed lanes concept.

   NEW SECTION. Sec. 607. The department of transportation, in conjunction with the office of financial management, must implement the governmental accounting standards board's (GASB) statement number 34. The financial reporting value of the state's highway system must be adjusted for any new additions to the system. The biennial reporting of the condition of the system must be related to the funding levels of maintaining the system. The department must maintain a current inventory of the state's highway system and estimate the actual cost to maintain and preserve the assets. In addition to the GASB statement 34, the department of transportation with the office of financial management's assistance must establish an asset replacement value for the state's highway system. A report must be submitted to the transportation committees of the senate and the house of representatives each April. During 2005, the speaker of the house of representatives and the president of the senate must select one member from each caucus to work with the office of financial management, the joint legislative audit and review committee, the department of transportation, and the department of general administration to identify areas in state government where the GASB philosophy could be implemented. The purpose of this effort is to enhance decision making that will result in strategic long-term investment decisions in transportation capital project management.

   NEW SECTION. Sec. 608. During the 2005-07 biennium, the director of general administration, through the office of state procurement, shall:

   (1) In consultation with the state investment board and the state treasurer's office, explore and implement strategies designed to reduce the overall cost of fuel and mitigate the impact of market fluctuations and pressure on both short-term and long-term fuel costs. The department of general administration shall contract for these services. These fuel cost mitigation strategies shall be made available to all state agencies, institutions of higher education, and political subdivisions that purchase fuel through the office of state procurement. These strategies may include but are not limited to futures contracts, swap transactions, option contracts, costless collars, and long-term storage.

    (2) Recommend a mechanism for funding these fuel cost mitigation strategies that recognizes that the benefit accrues across state and local governments. To pay for these services, the director may also explore negotiated incentives with contracted providers.

    (3) Report to the fiscal committees of the legislature each December 15th regarding the types of contracts established to mitigate fuel costs, the amounts of fuel covered by the contracts, and the cost mitigation results. The reports shall also include recommendations for improving or continuing the fuel cost mitigation program.

    Sec. 609. RCW 81.84.020 and 2003 c 373 s 5 are each amended to read as follows:

    (1) Upon the filing of an application the commission shall give reasonable notice to the department, affected cities, counties, and public transportation benefit areas and any common carrier which might be adversely affected, of the time and place for hearing on such application. The commission shall have power after hearing, to issue the certificate as prayed for, or to refuse to issue it, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by said certificate such terms and conditions as in its judgment the public convenience and necessity may require; but the commission shall not have power to grant a certificate to operate between districts and/or into any territory prohibited by RCW 47.60.120 or already served by an existing certificate holder, unless such existing certificate holder has failed or refused to furnish reasonable and adequate service or has failed to provide the service described in its certificate or tariffs after the time period allowed to initiate service has elapsed: PROVIDED, A certificate shall be granted when it shall appear to the satisfaction of the commission that the commercial ferry was actually operating in good faith over the route for which such certificate shall be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or more commercial ferries shall upon said date have been operating vessels upon the same route, or between the same districts the commission shall determine after public hearing whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the commission shall consider all material facts and circumstances including the prior operation, schedules, and services rendered by either of the ferries, and in case more than one certificate shall issue, the commission shall fix and determine the schedules and services of the ferries to which the certificates are issued to the end that duplication of service be eliminated and public convenience be furthered.

    (2) Before issuing a certificate, the commission shall determine that the applicant has the financial resources to operate the proposed service for at least twelve months, based upon the submission by the applicant of a pro forma financial statement of operations. Issuance of a certificate shall be determined upon, but not limited to, the following factors: Ridership and revenue forecasts; the cost of service for the proposed operation; an estimate of the cost of the assets to be used in providing the service; a statement of the total assets on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any, in such field by the applicant. The documentation required of the applicant under this section shall comply with the provisions of RCW 9A.72.085.

    (3) Subsection (2) of this section does not apply to an application for a certificate that is pending as of July 25, 1993.

    (4) In granting a certificate for passenger-only ferries and determining what conditions to place on the certificate, the commission shall consider and give substantial weight to the effect of its decisions on public agencies operating, or eligible to operate, passenger-only ferry service.

   (5) Until ((March 1, 2005)) July 1, 2006, the commission shall not accept or consider an application for passenger-only ferry service serving any county in the Puget Sound((, unless the public transportation benefit area authority or ferry district serving that county, by resolution, agrees to the application)) area with a population of over one million people. Applications for passenger-only ferry service serving any county in the Puget Sound area with a population of over one million pending before the commission as of the effective date of this section shall be held in abeyance and not considered before July 1, 2006.

 

2003-05 BIENNIUM

GENERAL GOVERNMENT AGENCIES-OPERATING

 

   Sec. 700. 2004 c 229 s 101 (uncodified) is amended to read as follows:

FOR THE MARINE EMPLOYEES COMMISSION

Puget Sound Ferry Operations Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($365,000))

$375,000

 

TRANSPORTATION AGENCIES--OPERATING

 

   Sec. 701. 2003 c 360 s 201 (uncodified) is amended to read as follows:

FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Account--State Appropriation. . . . . . . $2,017,000

Highway Safety Account--Federal Appropriation. . . . $15,744,000

School Zone Safety Account--State Appropriation. . . . $3,059,000

Bicycle and Pedestrian Safety Account--State

   Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,000

                   TOTAL APPROPRIATION. . . . . . . . (($20,820,000))

$20,835,000

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

   (1) The commission may oversee up to four pilot projects implementing the use of traffic safety cameras to detect failure to stop at railroad crossings, stoplights, and school zones.

   (a) In order to ensure adequate time in the 2003-05 biennium to evaluate the effectiveness of the pilot program, any projects authorized by the commission must be authorized by December 31, 2003.

   (b) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

   (c) The traffic safety commission shall use the following guidelines to administer the program:

   (i) Traffic safety cameras may take pictures of the vehicle and vehicle license plate only, and only while an infraction is occurring;

   (ii) The law enforcement agency of the city or county government shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system;

   (iii) Cities and counties using traffic safety cameras must provide periodic notice by mail to its citizens indicating the zones in which the traffic safety cameras will be used;

   (iv) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;

   (v) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fourteen days of receiving notification of the violation, mails to the issuing law enforcement agency, a declaration under penalty of perjury, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner, or any other extenuating circumstances;

    (vi) Infractions detected through the use of traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120;

    (vii) If a notice of infraction is sent to the registered owner and the registered owner is a rental car business, the infraction will be dismissed against the business if it mails to the issuing agency, within fourteen days of receiving the notice, a declaration under penalty of perjury of the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a declaration under penalty of perjury to this effect. The declaration must be mailed to the issuing agency within fourteen days of receiving the notice of traffic infraction. Timely mailing of this declaration to the issuing agency relieves a rental car business of any liability under this section for the notice of infraction. A declaration form suitable for this purpose must be included with each automated traffic infraction notice issued, along with instructions for its completion and use;

    (viii) For purposes of the 2003-05 biennium pilot projects, infractions generated by the use of traffic safety cameras are exempt from the provisions of RCW 3.46.120, 3.50.100, and 35.20.220, and must be processed in the same manner as parking violations; and

    (ix) By June 30, 2005, the traffic safety commission shall provide a report to the legislature regarding the use, public acceptance, outcomes, and other relevant issues regarding traffic safety cameras demonstrated by the pilot projects.

    (2) $210,000 of the highway safety account--state appropriation is provided solely for continuing the five existing DUI/traffic safety task forces that receive federal project funding that expires during the 2003-05 biennium. However, the appropriation in this subsection may only be expended for a task force when the federal funding for that task force has expired.

    (3)(a) $1,555,000 of the school zone safety account--state appropriation is provided solely as matching funds for the following school safety enhancement projects, as proposed by local agencies, schools, and tribal governments in response to the department of transportation's highways and local programs request for information for potential projects to be financed under Referendum No. 51:

Agency

Project Title

Cheney

School Crosswalk Improvement Project

Skokomish Indian Tribe

Skokomish School Safety Sidewalk Program

Brier

37th Pl SW & 233rd Pl SW Sidewalk

Sunnyside

Lincoln Ave Sidewalks

Lynnwood

Olympic View Dr - 76th Ave SW to 169th St SW

Steilacoom

Cherrydale Elementary School Safety Enhancement

Yakima

W Valley School Zone Flashers

Camas SD

SR 500 at 15th St Interchange

Seattle

Meadowbrook Playfield - NE 105th St

Vancouver

Franklin ES Sidewalk Improvements

    (b) If one or more of the projects under this subsection cannot be completed or no longer seeks state matching funds, the following projects may be substituted in order of priority:

Agency

Project Title

Davenport

Davenport Sixth St School Sidewalk

Edmonds

96th Ave W Pedestrian Improvements

Mountlake Terrace

223rd St SW - 44th Ave W to Cedar Way Elementary

Yakima

Englewood/Powerhouse Intersection Safety Project

                                                                                                                        (c) The highways and local programs division within the department of transportation shall provide assistance to the commission in administering this program.

                                                                                                                        (d) The legislature intends to tie funding to specific projects only for the 2003-05 biennium.

                                                                                                                        Sec. 702. 2004 c 229 s 207 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU

State Patrol Highway Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($69,799,000))

$70,951,000

State Patrol Highway Account--Private/Local

                                                                                                                        Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,290,000

                                                                                                                                        TOTAL APPROPRIATION. . . . . . . . (($71,089,000))

$72,241,000

                                                                                                                        The appropriations in this section are subject to the following conditions and limitations: Under the direction of the legislative auditor, the patrol shall update the pursuit vehicle life-cycle cost model developed in the 1998 Washington state patrol performance audit (JLARC Report 99-4). The patrol shall utilize the updated model as a basis for determining maintenance and other cost impacts resulting from the increase to pursuit vehicle mileage above 110 thousand miles in the 2003-05 biennium. The patrol shall submit a report, that includes identified cost impacts, to the transportation committees of the senate and house of representatives by December 31, 2003.

                                                                                                                        Sec. 703. 2004 c 229 s 209 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--INFORMATION SERVICES

Marine Fuel Tax Refund Account--State Appropriation. . . .$2,000

Motorcycle Safety Education Account--State

                                                                                                                        Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $144,000

Wildlife Account--State Appropriation. . . . . . . . . . . . . . . .$55,000

Highway Safety Account--State Appropriation. . . .(($11,656,000))

$11,556,000

Highway Safety Account--Federal Appropriation. . . . . . . . .$6,000

Highway Safety Account--Local Appropriation. . . . . . . . . $60,000

Motor Vehicle Account--State Appropriation. . . . . . . . $6,285,000

DOL Services Account--State Appropriation. . . . . . . . .$1,220,000

                                                                                                                                        TOTAL APPROPRIATION. . . . . . . . (($19,428,000))

$19,328,000

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

                                                                                                                        (1) The department shall submit a report to the transportation committees of the legislature detailing the progress made in transitioning off of the Unisys system by December 1, 2003, and each December 1 thereafter.

                                                                                                                        (2) (($151,000)) $51,000 of the highway safety account--state appropriation is provided solely for the implementation of Third Substitute Senate Bill No. 5412. Within the amount provided, the department of licensing shall prepare to implement a "one-to-one" biometric matching system that compares the biometric identifier submitted to the individual applicant's record. The authority to expend funds provided under this subsection is subject to compliance with the provisions under section 504 of this act. If Third Substitute Senate Bill No. 5412 is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

                                                                                                                        Sec.704. 2004 c 229 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--INFORMATION TECHNOLOGY--PROGRAM C

Motor Vehicle Account--State Appropriation. . . . .(($56,236,000))

$53,522,000

Motor Vehicle Account--Federal Appropriation. . . .(($5,163,000))

$6,654,000

Puget Sound Ferry Operations Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,038,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $363,000

TOTAL APPROPRIATION. . . . . . . . . (($68,800,000))

$67,577,000

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

(1) $850,000 of the motor vehicle account--state appropriation is provided for the continued maintenance and support of the transportation executive information system (TEIS). The TEIS shall be enhanced during the 2004 interim to shift towards a monitoring and reporting system capable of tracking and reporting on major project milestones and measurements. The department shall work with the legislature to identify and define meaningful milestones and measures to be used in monitoring the scope, schedule, and cost of projects.

(2)(a) (($2,959,000)) $1,118,000 of the motor vehicle account--state appropriation and (($2,963,000)) $4,454,000 of the motor vehicle account--federal appropriation are provided solely for implementation of a new revenue collection system, including the integration of the regional fare coordination system (smart card), at the Washington state ferries. By December 1st of each year, an annual update must be provided to the legislative transportation committee concerning the status of implementing and completing this project.

(b) $200,000 of the Puget Sound ferry operation account--state appropriation is provided solely for implementation of the smart card program.

(3) The department shall contract with the department of information services to conduct a survey that identifies possible opportunities and benefits associated with siting and use of technology and wireless facilities located on state right of way authorized by RCW 47.60.140. The department shall submit a report regarding the survey to the appropriate legislative committees by December 1, 2004.

Sec. 705. 2004 c 229 s 213 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION--PROGRAM D--OPERATING

Motor Vehicle Account--State Appropriation. . . . .(($30,981,000))

$30,515,000

Sec. 706. 2004 c 229 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H

Motor Vehicle Account--State Appropriation. . . . .(($49,056,000))

$48,056,000

Motor Vehicle Account--Federal Appropriation. . . . . . . .$400,000

TOTAL APPROPRIATION. . . . . . . . . (($49,456,000))

$48,456,000

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

(1) (($14,310,000)) $13,985,000 of the motor vehicle account--state appropriation is provided solely for the staffing, activities, and overhead of the department's environmental affairs office. This funding is provided in lieu of funding provided in sections 305 and 306 of this act.

(2) $3,100,000 of the motor vehicle account--state appropriation is provided solely for the staffing and activities of the transportation permit efficiency and accountability committee. The committee shall develop a model national environmental policy act (NEPA) tribal consultation process for federal transportation aid projects related to the preservation of cultural, historic, and environmental resources. The process shall ensure that Tribal participation in the NEPA consultation process is conducted pursuant to treaty rights, federal law, and state statutes, consistent with their expectations for protection of such resources.


                                                                                                                        (3) $300,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely for the purposes of providing contract services to the association of Washington cities and Washington state association of counties to implement section 2(3)(c), (5), and (6), chapter 8 (ESB 5279), Laws of 2003 for activities of the transportation permit efficiency and accountability committee.

                                                                                                                        Sec. 707. 2003 c 360 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--ECONOMIC PARTNERSHIPS--PROGRAM K

Motor Vehicle Account--State Appropriation. . . . . .(($1,011,000))

$996,000

                                                                                                                        Sec. 708. 2004 c 229 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q--OPERATING

Motor Vehicle Account--State Appropriation. . . . .(($38,924,000))

$38,338,000

Motor Vehicle Account--Private/Local Appropriation. . .$125,000

                                                                                                                                        TOTAL APPROPRIATION. . . . . . . . (($39,049,000))

$38,463,000

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

                                                                                                                        (1) A maximum of $8,800,000 of the motor vehicle account--state appropriation may be expended for the incident response program, including the service patrols. The department and the Washington state patrol shall continue to consult and coordinate with private sector partners, such as towing companies, media, auto, insurance and trucking associations, and the legislative transportation committees to ensure that limited state resources are used most effectively. No funds shall be used to purchase tow trucks.

                                                                                                                        (2) $4,400,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis.

                                                                                                                        (3) At a frequency determined by the department, the interstate-5 variable message signs shall display a message advising slower traffic to keep right.

                                                                                                                        (4) The appropriation authority under this section includes spending authority to administer the motorist information sign panel program. The department shall establish the annual fees charged for these services so that all costs to administer this program are recovered; in no event, however, shall the department charge more than:

                                                                                                                        (a) $1,000 per business per location on freeways and expressways with average daily trips greater than 80,000;

                                                                                                                        (b) $750 per business per location on freeways and expressways with average daily trips less than 80,000; and

                                                                                                                        (c) $400 per business per location on conventional highways.

                                                                                                                        Sec. 709. 2004 c 229 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Account--State Appropriation. . . . .(($24,579,000))

$24,079,000

Motor Vehicle Account--Federal Appropriation. . . . . . . .$636,000

Puget Sound Ferry Operations Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,093,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $973,000

                                                                                                                                        TOTAL APPROPRIATION. . . . . . . . (($27,281,000))

$26,781,000

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

                                                                                                                        (1) $627,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5248. If Substitute Senate Bill No. 5248 is not enacted by June 30, 2003, the amount provided in this subsection shall lapse. The agency may transfer between programs funds provided in this subsection.

(2) The department shall transfer at no cost to the Washington state patrol the title to the Walla Walla colocation facility.

Sec. 710. 2004 c 229 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T

Motor Vehicle Account--State Appropriation. . . . .(($29,494,000))

$24,194,000

Motor Vehicle Account--Federal Appropriation. . . . . $14,814,000

Multimodal Transportation Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,521,000

Multimodal Transportation Account--Federal Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000,000

TOTAL APPROPRIATION. . . . . . . . . (($47,829,000))

$42,529,000

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

(1) $3,800,000 of the motor vehicle account--state appropriation is provided solely for a study of regional congestion relief solutions for Puget Sound (including state route 169), Spokane, and Vancouver. The study must include proposals to alleviate congestion consistent with population and land use expectations under the growth management act, and must include measurement of all modes of transportation.

(2) $2,000,000 of the motor vehicle account--state appropriation is provided solely for additional assistance to support regional transportation planning organizations and long-range transportation planning efforts. As a condition of receiving this support, a regional transportation planning organization containing any county with a population in excess of one million shall provide voting membership on its executive board to any incorporated principal city of a metropolitan statistical area within the region, as designated by the United States census bureau.

(3) (($3,000,000)) $1,200,000 of the motor vehicle account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) election and department of transportation project oversight. These funds are provided as a loan to the RTID and shall be repaid to the state motor vehicle account within one year following the certification of the election results related to the RTID.

(4) $650,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department to support the processing and analysis of the backlog of city and county collision reports.

(5) The department shall contribute to the report required in section 208(1) of this act in the form of an analysis of the cost impacts incurred by the department as the result of the policy implemented in section 208(1) of this act. The analysis shall contrast overtime costs charged by the patrol prior to July 1, 2003, with contract costs for similar services after July 1, 2003.

(6) $60,000 of the distribution under RCW 46.68.110(2) and 46.68.120(3) is provided solely to the department for the Washington strategic freight transportation analysis.

(7) $500,000 of the multimodal transportation account--state appropriation is provided solely for contracting with the department of natural resources to develop data systems for state submerged lands that can be shared with other governmental agencies and that can support the state vision for ecoregional planning. The data to be shared shall include, but not limited to, tabular and geospatial data describing public land ownership, distributions of native plants, marine and aquatic species and their habitats, physical attributes, aquatic ecosystems, and specially designated conservation or environmentally sensitive areas.

Sec. 711. 2004 c 229 s 222 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V

Multimodal Transportation Account--State


                                                                                                                        Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .(($47,057,000))

$46,757,000

Multimodal Transportation Account--Federal Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,574,000

Multimodal Transportation Account--Private/Local

                                                                                                                        Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $155,000

                                                                                                                                        TOTAL APPROPRIATION. . . . . . . . (($49,786,000))

$49,486,000

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

                                                                                                                        (1) $18,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.

                                                                                                                        (a) $4,000,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers shall be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.

                                                                                                                        (b) $14,000,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2001 as reported in the "Summary of Public Transportation - 2001" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions.

                                                                                                                        (2) $1,500,000 of the multimodal transportation account--state appropriation is provided solely for grants to implement section 9 of Engrossed Substitute House Bill No. 2228.

                                                                                                                        (3) Funds are provided for the rural mobility grant program as follows:

                                                                                                                        (a) $6,000,000 of the multimodal transportation account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the Summary of Public Transportation - 2001 published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.

                                                                                                                        (b) $4,000,000 of the multimodal transportation account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.

                                                                                                                        (4) $4,000,000 of the multimodal transportation account--state appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies will cover capital costs only; no operating costs for public transit agencies are eligible for funding under this grant program. No additional employees may be hired for the vanpool grant program, and supplanting of transit funds currently funding vanpools is not allowed. Additional criteria for selecting grants will include leveraging funds other than state funds. The commute trip reduction task force shall determine the cost effectiveness of the grants, including vanpool system coordination, regarding the use of the funds.

                                                                                                                        (5) $100,000 of the multimodal transportation account--state appropriation is provided solely for the commute trip reduction program for Benton county.

                                                                                                                        (6) $3,000,000 of the multimodal transportation account--state appropriation is provided to the city of Seattle for the Seattle streetcar project on South Lake Union.

                                                                                                                        (7) $500,000 of the multimodal transportation account--state appropriation is provided solely to King county as a state match to obtain federal funding for a car sharing program.

                                                                                                                        Sec. 712. 2004 c 229 s 223 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Puget Sound Ferry Operations Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . (($312,490,000))

$328,430,000

Multimodal Transportation Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,120,000

TOTAL APPROPRIATION. . . . . . . . (($317,610,000))

$333,550,000

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

(1) The appropriation is based on the budgeted expenditure of (($35,348,000)) $51,048,000 for vessel operating fuel in the 2003-2005 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 2003-2005 biennium may not exceed $208,935,700, plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $495.30 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2004 and $567.67 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2005, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2003-2005 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

The prescribed salary increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 2003, and thereafter, as established in the 2003-2005 general fund operating budget.

(3) $4,234,000 of the multimodal transportation account--state appropriation and $800,000 of the Puget Sound ferry operations account--state appropriation are provided solely for operating costs associated with the Vashon to Seattle passenger-only ferry. The Washington state ferries will develop a plan to increase passenger-only farebox recovery to at least forty percent by July 1, 2003, with an additional goal of eighty percent, through increased fares, lower operation costs, and other cost-saving measures as appropriate. In order to implement the plan, ferry system management is authorized to negotiate changes in work hours (requirements for split shift work), but only with respect to operating passenger-only ferry service, to be included in a collective bargaining agreement in effect during the 2003-05 biennium that differs from provisions regarding work hours in the prior collective bargaining agreement. The department must report to the transportation committees of the legislature by December 1, 2003.

(4) $984,000 of the Puget Sound ferry operations account--state appropriation is provided solely for ferry security operations necessary to comply with the ferry security plan submitted by the Washington state ferry system to the United States coast guard. The department shall track security costs and expenditures. Ferry security operations costs shall not be included as part of the operational costs that are used to calculate farebox recovery.

(5) $866,000 of the multimodal transportation account--state appropriation and $200,000 of the Puget Sound ferry operations account--state appropriation are provided solely for operating costs associated with the Bremerton to Seattle passenger-only ferry service for thirteen weeks.

(6) The department shall study the potential for private or public partners, including but not limited to King county, to provide passenger-only ferry service from Vashon to Seattle. The department shall report to the legislative transportation committees by December 31, 2003.

                                                                                                                        (7) The Washington state ferries shall continue to provide service to Sidney, British Columbia.

                                                                                                                        (8) When augmenting the existing ferry fleet, the department of transportation ferry capital program shall explore cost-effective options to include the leasing of ferries from private-sector organizations.

                                                                                                                        (9) The Washington state ferries shall work with the department of general administration, office of state procurement to improve the existing fuel procurement process and solicit, identify, and evaluate, purchasing alternatives to reduce the overall cost of fuel and mitigate the impact of market fluctuations and pressure on both short- and long-term fuel costs. Consideration shall include, but not be limited to, long-term fuel contracts, partnering with other public entities, and possibilities for fuel storage in evaluating strategies and options. The department shall report back to the transportation committees of the legislature by December 1, 2003, on the options, strategies, and recommendations for managing fuel purchases and costs.

                                                                                                                        (10) The department must provide a separate accounting of passenger-only ferry service costs and auto ferry service costs, and must provide periodic reporting to the legislature on the financial status of both passenger-only and auto ferry service in Washington state.

                                                                                                                        (11) The Washington state ferries must work with the department's information technology division to implement a new revenue collection system, including the integration of the regional fare coordination system (smart card). Each December, annual updates are to be provided to the transportation committees of the legislature concerning the status of implementing and completing this project, with updates concluding the first December after full project implementation.

                                                                                                                        (12) The Washington state ferries shall evaluate the benefits and costs of selling the depreciation rights to ferries purchased by the state in the future through sale and lease-back agreements, as permitted under RCW 47.60.010. The department is authorized to issue a request for proposal to solicit proposals from potential buyers. The department must report to the transportation committees of the legislature by December 1, 2004, on the options, strategies, and recommendations for sale/lease-back agreements on existing ferry boats as well as future ferry boat purchases.

                                                                                                                        Sec. 713. 2004 c 229 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--OPERATING

Multimodal Transportation Account--State

                                                                                                                        Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .(($34,118,000))

$33,488,000

                                                                                                                        The appropriation in this section is subject to the following conditions and limitations:

                                                                                                                        (1) (($29,961,000)) $29,331,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service.

                                                                                                                        (2) No Amtrak Cascade runs may be eliminated.

                                                                                                                        (3) The department is directed to explore scheduling changes that will reduce the delay in Seattle when traveling from Portland to Vancouver B.C.

                                                                                                                        (4) The department is directed to explore opportunities with British Columbia (B.C.) concerning the possibility of leasing an existing Talgo trainset to B.C. during the day for a commuter run when the Talgo is not in use during the Bellingham layover.

                                                                                                                        (5) $50,000 of the multimodal transportation account--state appropriation is provided solely for implementing the produce rail car program as provided in RCW 47.76.420.

                                                                                                                        Sec. 714. 2004 c 229 s 225 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--OPERATING

Motor Vehicle Account--State Appropriation. . . . . .(($7,067,000))

$6,957,000

Motor Vehicle Account--Federal Appropriation. . . . . . $2,569,000

TOTAL APPROPRIATION. . . . . . . . . . (($9,636,000))

$9,526,000

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

(1) Up to $75,000 of the total appropriation is provided in accordance with RCW 46.68.110(2) and 46.68.120(3) to fund the state's share of the 2004 Washington marine cargo forecast study. Public port districts, acting through their association, must provide funding to cover the remaining cost of the forecast.

(2) $300,000 of the motor vehicle account--state appropriation is provided in accordance with RCW 46.68.110(2) and 46.68.120(3) solely to fund a study of the threats posed by flooding to the state and other infrastructure near the Interstate 5 crossing of the Skagit River. This funding is contingent on the receipt of federal matching funds.

 

TRANSFERS AND DISTRIBUTIONS

 

Sec. 801. 2004 c 229 s 401 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($250,000,000))

$240,833,000

Nondebt-Limit Reimbursable Account Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($4,131,000))

$1,440,000

Ferry Bond Retirement Account Appropriation. . . (($43,340,000))

$42,084,000

Transportation Improvement Board Bond Retirement

Account--State Appropriation. . . . . . . . . . . . . . (($36,721,000))

$33,209,000

Motor Vehicle Account--State Appropriation. . . . . . . . $5,254,000

Special Category C Account--State Appropriation. . . . . . $338,000

Transportation Improvement Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $240,000

Multimodal Transportation Account--State Appropriation$358,000

Transportation 2003 Account (nickel account)

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,117,000

TOTAL APPROPRIATION. . . . . . . . (($342,499,000))

$325,873,000

Sec. 802. 2004 c 229 s 402 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Account--State Appropriation. . . . . .(($1,293,000))

$793,000

Special Category C Account Appropriation. . . . . . . . . . . $111,000

Transportation Improvement Account--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,000

Multimodal Transportation Account--State Appropriation$119,000

Transportation 2003 Account (nickel account)--State

Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($700,000))

$400,000

TOTAL APPROPRIATION. . . . . . . . . . (($2,244,000))

$1,444,000

Sec. 803. 2004 c 229 s 404 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

Motor Vehicle Account Appropriation for

motor vehicle fuel tax distributions to

cities and counties. . . . . . . . . . . . . . . . . . . . . . . . .(($440,228,000))

$435,138,000


                                                                                                                        Motor Vehicle Account--State Appropriation:

For license permit and fee distributions to cities

and counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($13,119,000))

$0

                                                                                                                        Sec. 804. 2004 c 229 s 405 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--TRANSFERS

                                                                                                                        (1) State Patrol Highway Account--State

Appropriation: For transfer to the Motor

Vehicle Account. . . . . . . . . . . . . . . . . . . . . . . . . . . (($20,000,000))

$4,000,000

                                                                                                                        (2) Motor Vehicle Account--State

Appropriation: For motor vehicle fuel tax

refunds and transfers. . . . . . . . . . . . . . . . . . . . . . . (($770,347,000))

$752,823,000

                                                                                                                        (3) Highway Safety Account--State

Appropriation: For transfer to the motor

vehicle account--state. . . . . . . . . . . . . . . . . . . . . . . . . . $12,000,000

                                                                                                                        (4) Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound operating account--

state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$9,500,000

                                                                                                                        The state treasurer shall perform the transfers from the state patrol highway account and the highway safety account to the motor vehicle account on a quarterly basis.

 

MISCELLANEOUS

 

                                                                                                                        NEW SECTION. Sec. 901. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

                                                                                                                        NEW SECTION. Sec. 902. 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.(End of bill)

INDEX                                                                                                                                                                                                      PAGE #

 

BOARD OF PILOTAGE COMMISSIONERS . . . . . . . . . . . . . . .5

COMPENSATION ADJUSTMENT FOR CLASSIFICATION REVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

COMPENSATION ADJUSTMENT FOR SALARY SURVEY 45

COMPENSATION--INSURANCE BENEFITS . . . . . . . . . . . . 44

CONTRIBUTIONS TO RETIREMENT SYSTEMS . . . . . . . . .45

COUNTY ROAD ADMINISTRATION BOARD . . . . . . . . . .4, 27

DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . . . . 3

DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

DEPARTMENT OF LICENSING

DRIVER SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

INFORMATION SERVICES . . . . . . . . . . . . . . . . . . . . . . . . 11, 56

MANAGEMENT AND SUPPORT SERVICES . . . . . . . . . . . . .11

VEHICLE SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

DEPARTMENT OF TRANSPORTATION

AVIATION--PROGRAM F . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

CHARGES FROM OTHER AGENCIES--PROGRAM U . . . . .20

ECONOMIC PARTNERSHIPS--PROGRAM K . . . . . . . . . . . . 59

ECONOMIC PARTNERSHIPS--PROGRAM K . . . . . . . . . . . . 16

FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION--PROGRAM D . . . . . . . . . . . . . . . . . . . . . . .58

FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION--PROGRAM D . . . . . . . . . . . . . . . . . . . . . . .15

HIGHWAY MAINTENANCE--PROGRAM M . . . . . . . . . . . . .16

IMPROVEMENTS--PROGRAM I . . . . . . . . . . . . . . . . . . . . . . .28

INFORMATION TECHNOLOGY--PROGRAM C . . . . . . . . . . 57

INFORMATION TECHNOLOGY--PROGRAM C . . . . . . . . . .14

LOCAL PROGRAMS--PROGRAM Z--CAPITAL . . . . . . . . . . 37

LOCAL PROGRAMS--PROGRAM Z--OPERATING . . . . 26, 68

MARINE--PROGRAM X . . . . . . . . . . . . . . . . . . . . . . . . . . .24, 64

PRESERVATION--PROGRAM P . . . . . . . . . . . . . . . . . . . . . . . 32

PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

PUBLIC TRANSPORTATION--PROGRAM V . . . . . . . . . .21, 63

RAIL--PROGRAM Y--CAPITAL . . . . . . . . . . . . . . . . . . . . . . . .36

RAIL--PROGRAM Y--OPERATING . . . . . . . . . . . . . . . . . .25, 68

TOLL OPERATIONS AND MAINTENANCE--PROGRAM B 14

TRAFFIC OPERATIONS--PROGRAM Q--CAPITAL . . . . . . . 34

TRAFFIC OPERATIONS--PROGRAM Q--OPERATING 18, 59

TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18, 60

TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 61

WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

EMPLOYEE SALARY COST OF LIVING ADJUSTMENT . .43

FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD 8

INFORMATION SYSTEMS PROJECTS . . . . . . . . . . . . . . . . . .46

JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . . . . . 5

MARINE EMPLOYEES COMMISSION . . . . . . . . . . . . . . . .2, 52

STATE PARKS AND RECREATION COMMISSION . . . . . . . .2

STATE TREASURER

BOND RETIREMENT AND INTEREST . . . . . . . . . . . .40, 41, 69

STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 41, 70

TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41, 70

STATUTORY APPROPRIATIONS . . . . . . . . . . . . . . . . . . . . . .43

TRANSPORTATION COMMISSION . . . . . . . . . . . . . . . . . . . . .6

TRANSPORTATION IMPROVEMENT BOARD . . . . . . . . .4, 27

UTILITIES AND TRANSPORTATION COMMISSION . . . . . . 2

WASHINGTON STATE PARKS AND RECREATION

CAPITAL PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

WASHINGTON STATE PATROL . . . . . . . . . . . . . . . . . . . . . . .26

FIELD OPERATIONS BUREAU . . . . . . . . . . . . . . . . . . . . . . . . .8

SUPPORT SERVICES BUREAU . . . . . . . . . . . . . . . . . . . . . . . .56

TECHNICAL SERVICES BUREAU . . . . . . . . . . . . . . . . . . . . . 10

WASHINGTON TRAFFIC SAFETY COMMISSION . . . . .4, 53"

On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 81.84.020; amending 2004 c 229 ss 101, 207, 209, 212, 213, 215, 218, 219, 220, 222, 223, 224, 225, 401, 402, 404, and 405 (uncodified); amending 2003 c 360 ss 201 and 218 (uncodified); creating new sections; making appropriations and authorizing expenditures for capital improvements; and declaring an emergency."

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

Senator Haugen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6091.

Senators Haugen, Swecker, Mulliken and Spanel spoke in favor of the motion.

 

MOTION

 

On motion of Senator Esser, Senator Parlette was excused.

 

Senator Morton spoke against the motion.

 

MOTION

 

The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6091.

The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6091 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6091, as amended by the House.

 


ROLL CALL

 

                                                                                                                           The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6091, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.

                                                                                                                           Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 32

                                                                                                                           Voting nay: Senators Benton, Brandland, Carrell, Esser, Honeyford, Johnson, Morton, Oke, Parlette, Pflug, Roach, Schoesler and Stevens - 13

                                                                                                                           Excused: Senators Benson, Deccio, Delvin and McCaslin - 4

ENGROSSED SUBSTITUTE SENATE BILL NO. 6091, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

REMARKS BY THE PRESIDENT

 

President Owen: “Before all the members get off the floor, the President would like to take just a moment and ask you to help me thank the incredible rostrum staff that you have up here. While you are able to move, they are not.”

 

PERSONAL PRIVILEGE

 

Senator Haugen: “Thank you Mr. President. I know everybody wants to go home but I want to take just one last opportunity to thank the most fantastic Transportation staff that I have ever worked with. I want to thank Mike, Haley, Maria – who broke her leg, David – who is new and found money when I didn’t think he could, Kelly, Janice, Kim – who had a appendicitis during the whole thing and Jon who was our new staff people. Without them and Mike’s leadership, we would not have been successful. I want to say, God Bless them and thank them for their help again.”

 

SIGNED BY THE PRESIDENT

 

The President signed:

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1708.

 

The President signed:

                                                                                                                           HOUSE BILL NO. 1019,

                                                                                                                           HOUSE BILL NO. 1066,

                                                                                                                           ENGROSSED HOUSE BILL NO. 1241,

                                                                                                                           HOUSE BILL NO. 1485,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1509,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1591,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1606,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1893,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 2124,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 2221,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 2266,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 2304,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309,

                                                                                                                           HOUSE CONCURRENT RESOLUTION NO. 4408.

 

MOTION

 

                                                                                                                           On motion of Senator, the Senate advanced to the sixth order of business.

 

SECOND READING

 

SENATE CONCURRENT RESOLUTION NO. 8411, by Senators Eide, Esser, Stevens, Roach and Benton

 

Returning bills to their house of origin.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Eide, the rules were suspended, Senate Concurrent Resolution No. 8411 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8411.

SENATE CONCURRENT RESOLUTION NO. 8411 was adopted by voice vote.

 

SECOND READING

 

SENATE CONCURRENT RESOLUTION NO. 8413, by Senators Brown and Finkbeiner

 

Adjourning SINE DIE.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Eide, the rules were suspended, Senate Concurrent Resolution No. 8413 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8413.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

Senator Eide moved adoption of the following resolution:

 

SENATE RESOLUTION

8683

 

By Senators Spanel and Honeyford

 

WHEREAS, The 2005 Regular Session of the Fifty-ninth Legislature is drawing to a close; and

WHEREAS, It is necessary to provide for the completion of the work of the Senate after its adjournment and during the interim period between the close of the 2005 Regular Session of the Fifty-ninth Legislature and the convening of the next regular session;

NOW, THEREFORE, BE IT RESOLVED, That the Senate Facilities and Operations Committee shall have full authority and direction over the authorization and execution of any contracts or subcontracts that necessitate the expenditure of Senate appropriations; and

BE IT FURTHER RESOLVED, That the Senate Facilities and Operations Committee may, as they deem appropriate, authorize out-of-state travel for which members and staff may receive therefor their actual necessary expenses, and such per diem as may be authorized by law, to be paid upon receipt of their vouchers out of funds appropriated for legislative expenses; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Senate Facilities and Operations Committee be, and they hereby are, authorized to retain such employees as they may deem necessary and that said employees be allowed such rate of pay therefor as the Secretary of the Senate and the Senate Facilities and Operations Committee shall deem proper; and

                                                                                                                           BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and he hereby is, authorized and directed to make out and execute the necessary vouchers upon which warrants for legislative expenses and expenditures shall be drawn from funds provided therefor; and

                                                                                                                           BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Facilities and Operations Committee be, and they hereby are, authorized to approve written requests by standing committees to meet during the interim period; and

                                                                                                                           BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and hereby is, authorized and directed to have printed a copy of the Senate Journals of the 2005 Regular Session of the Fifty-ninth Legislature; and

                                                                                                                           BE IT FURTHER RESOLVED, That the Rules Committee is authorized to assign subject matters to standing committees for study during the interim, and the Majority Leader is authorized to create special committees as may be necessary to carry out the functions of the Senate in an orderly manner and appoint members thereto with the approval of the Facilities and Operations Committee; and

                                                                                                                           BE IT FURTHER RESOLVED, That the Secretary of the Senate is authorized to express the sympathy of the Senate by sending flowers or memorials in the event of a bereavement in the legislative "family"; and

                                                                                                                           BE IT FURTHER RESOLVED, That such use of the Senate facilities is permitted upon such terms as the Secretary of the Senate shall deem proper.

                                                                                                                           The President declared the question before the Senate to be the adoption of Senate Resolution No. 8683.

                                                                                                                           The motion by Senator Eide carried and the resolution was adopted by voice vote.

 

MOTION

 

                                                                                                                           Senator Eide moved adoption of the following resolution:

 

SENATE RESOLUTION

8684

 

By Senators Brown and Finkbeiner

 

                                                                                                                           BE IT RESOLVED, By the Senate, That a committee consisting of four members of the Senate be appointed to notify the House of Representatives that the Senate is ready to adjourn SINE DIE.

                                                                                                                           The President declared the question before the Senate to be the adoption of Senate Resolution No. 8684.

                                                                                                                           The motion by Senator Eide carried and the resolution was adopted by voice vote.

 

APPOINTMENT OF SPECIAL COMMITTEE TO NOTIFY

THE HOUSE OF REPRESENTATIVES OF ADJOURNMENT SINE DIE

 

                                                                                                                           Under provisions of Senate Concurrent Resolution No. 8684, the President appointed Senators Benson, Mulliken, Pridemore and Rockefeller to notify the House of Representatives that the Senate is ready to adjourn SINE DIE.

 

MOTION

 

                                                                                                                           On motion of Senator Eide, the appointees were confirmed.

 

SIGNED BY THE PRESIDENT

 

The President signed:

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5414,

SECOND SUBSTITUTE SENATE BILL NO. 5916.

 

MOTION

 

On motion of Senator Eide, all measures shown on the floor calendars were returned to the Committee on Rules.

 

MOTION

 

On motion of Senator Eide, the Senate Journal for the one-hundred and fifth day of the 2005 Regular Session of the Fifty-ninth Legislature was approved.

 

REPORT OF SPECIAL COMMITTEE

 

The Sergeant at Arms announced the arrival of the special committee from the House of Representatives and, at the direction of the President, escorted the delegation to the bar of the Senate.

 

The President received the report of the special committee of the House of Representatives that the House of Representatives was ready to adjourn SINE DIE and the Sergeant at Arms escorted the delegation from the chamber.

 

REPORT OF SPECIAL COMMITTEE

 

The Sergeant at Arms announced the arrival of the special committee under provisions of Senate Concurrent Resolution No. 8684. The committee reported to the President that the delegation had reported to the House of Representatives that the Senate was ready to adjourn SINE DIE. The President thanked the delegation for their service and they returned to their seats in the chamber.

 

The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8413.

SENATE CONCURRENT RESOLUTION NO. 8413, was adopted by voice vote.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The House has adopted:

SENATE CONCURRENT RESOLUTION NO. 8411,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The House has adopted:

SENATE CONCURRENT RESOLUTION NO. 8413

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President signed:

SENATE CONCURRENT RESOLUTION NO. 8411,

SENATE CONCURRENT RESOLUTION NO. 8413

 

MESSAGE FROM THE HOUSE

 


April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

                                                                                                                           SENATE CONCURRENT RESOLUTION NO. 8411,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

                                                                                                                           SENATE CONCURRENT RESOLUTION NO. 8413,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President signed:

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 6091

 

The President signed:

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5602

 

The President signed:

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5227,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5539

 

The President signed:

                                                                                                                           ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8407

 

The President signed:

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 6103

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

                                                                                                                           SECOND SUBSTITUTE HOUSE BILL NO. 1565,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 2299,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 2311,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President signed:

SECOND SUBSTITUTE HOUSE BILL NO. 1565,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2299,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2311

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED SENATE BILL NO. 6003,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6090,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6094,

ENGROSSED SENATE BILL NO. 6121,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

Under the provisions of the SENATE CONCURRENT RESOLUTION NO. 8411, the following House Bills were returned to the House of Representatives:

SUBSTITUTE HOUSE BILL NO. 1009,

HOUSE BILL NO. 1131,

HOUSE BILL NO. 1143,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1150,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1153,

HOUSE BILL NO. 1182,

HOUSE BILL NO. 1184,

ENGROSSED HOUSE BILL NO. 1276,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1291,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1301,

SUBSTITUTE HOUSE BILL NO. 1348,

SUBSTITUTE HOUSE BILL NO. 1398,

HOUSE BILL NO. 1399,

HOUSE BILL NO. 1428,

HOUSE BILL NO. 1429,

HOUSE BILL NO. 1439,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1458,

HOUSE BILL NO. 1466,

HOUSE BILL NO. 1471,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1494,

SUBSTITUTE HOUSE BILL NO. 1643,

HOUSE BILL NO. 1717,

SUBSTITUTE HOUSE BILL NO. 1765,

SUBSTITUTE HOUSE BILL NO. 1841,

HOUSE BILL NO. 1916,

HOUSE BILL NO. 1944,

HOUSE BILL NO. 1966,

HOUSE BILL NO. 1974,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2027,

HOUSE BILL NO. 2115,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2194,

ENGROSSED HOUSE BILL NO. 2219,

ENGROSSED HOUSE BILL NO. 2257,

ENGROSSED HOUSE BILL NO. 2270,

HOUSE CONCURRENT RESOLUTION NO. 4409.

 

MOTION

 

Under the provisions of SENATE CONCURRENT RESOLUTION NO. 8411, the following House Bills were returned to the House of Representatives:

ENGROSSED HOUSE BILL NO. 1016,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1029,


                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1033,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1035,

                                                                                                                           HOUSE BILL NO. 1051,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1055,

                                                                                                                           ENGROSSED HOUSE BILL NO. 1069,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1091,

                                                                                                                           HOUSE BILL NO. 1096,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1127,

                                                                                                                           HOUSE BILL NO. 1139,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1144,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1151,

                                                                                                                           ENGROSSED HOUSE BILL NO. 1157,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1169,

                                                                                                                           HOUSE BILL NO. 1194,

                                                                                                                           HOUSE BILL NO. 1198,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1229,

                                                                                                                           HOUSE BILL NO. 1235,

                                                                                                                           HOUSE BILL NO. 1238,

                                                                                                                           HOUSE BILL NO. 1248,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1251,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1257,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1272,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 1282,

                                                                                                                           HOUSE BILL NO. 1297,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1320,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1326,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1341,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1343,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1353,

                                                                                                                           HOUSE BILL NO. 1373,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1374,

                                                                                                                           HOUSE BILL NO. 1382,

                                                                                                                           HOUSE BILL NO. 1383,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1384,

                                                                                                                           HOUSE BILL NO. 1403,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1413,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1419,

                                                                                                                           HOUSE BILL NO. 1443,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1453,

                                                                                                                           SECOND SUBSTITUTE HOUSE BILL NO. 1483,

                                                                                                                           ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1484,

                                                                                                                           HOUSE BILL NO. 1497,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1507,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1510,

                                                                                                                           SECOND SUBSTITUTE HOUSE BILL NO. 1516,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1528,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1545,

                                                                                                                           HOUSE BILL NO. 1568,

                                                                                                                           HOUSE BILL NO. 1592,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1648,

                                                                                                                           HOUSE BILL NO. 1716,

                                                                                                                           HOUSE BILL NO. 1721,

                                                                                                                           HOUSE BILL NO. 1742,

                                                                                                                           HOUSE BILL NO. 1779,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1802,

                                                                                                                           HOUSE BILL NO. 1813,

                                                                                                                           ENGROSSED HOUSE BILL NO. 1814,

                                                                                                                           SECOND SUBSTITUTE HOUSE BILL NO. 1815,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1834,

                                                                                                                           HOUSE BILL NO. 1906,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1921,

                                                                                                                           HOUSE BILL NO. 1941,

                                                                                                                           HOUSE BILL NO. 1947,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1969,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 1975,

                                                                                                                           SUBSTITUTE HOUSE BILL NO. 2033,

                                                                                                                           ENGROSSED SUBSTITUTE HOUSE BILL NO. 2053,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2069,

SUBSTITUTE HOUSE BILL NO. 2086,

HOUSE BILL NO. 2096,

ENGROSSED HOUSE BILL NO. 2105,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,

SUBSTITUTE HOUSE BILL NO. 2137,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2157,

HOUSE BILL NO. 2206,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2259,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4003,

HOUSE JOINT RESOLUTION NO. 4201,

HOUSE JOINT RESOLUTION NO. 4202,

ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4405.

 

MOTION

 

Under the provisions of SENATE CONCURRENT RESOLUTION NO. 8410, the following House Bills were returned to the House of Representatives:

HOUSE BILL NO. 1082,

HOUSE BILL NO. 1085,

HOUSE BILL NO. 1106,

HOUSE BILL NO. 1120,

HOUSE BILL NO. 1145,

SUBSTITUTE HOUSE BILL NO. 1219,

SUBSTITUTE HOUSE BILL NO. 1226,

SUBSTITUTE HOUSE BILL NO. 1228,

SUBSTITUTE HOUSE BILL NO. 1230,

HOUSE BILL NO. 1279,

SECOND SUBSTITUTE HOUSE BILL NO. 1316,

HOUSE BILL NO. 1331,

SUBSTITUTE HOUSE BILL NO. 1344,

HOUSE BILL NO. 1361,

SUBSTITUTE HOUSE BILL NO. 1365,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1415,

SUBSTITUTE HOUSE BILL NO. 1430,

SUBSTITUTE HOUSE BILL NO. 1467,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1633,

SUBSTITUTE HOUSE BILL NO. 1634,

HOUSE BILL NO. 1763,

SUBSTITUTE HOUSE BILL NO. 1817,

SUBSTITUTE HOUSE BILL NO. 1850,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1865,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1883,

HOUSE BILL NO. 1939,

HOUSE BILL NO. 1986,

HOUSE BILL NO. 2007,

HOUSE BILL NO. 2021,

SECOND SUBSTITUTE HOUSE BILL NO. 2030,

SUBSTITUTE HOUSE BILL NO. 2071,

SUBSTITUTE HOUSE BILL NO. 2215,

SUBSTITUTE HOUSE BILL NO. 2292,

SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4205,

HOUSE CONCURRENT RESOLUTION NO. 4411.

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

Under provisions of Senate Concurrent Resolution No. 8411, the House is returning the following bill{s} to the Senate:


                                                                                                                           SUBSTITUTE SENATE BILL NO. 5013,

                                                                                                                           SENATE BILL NO. 5059,

                                                                                                                           ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5069,

                                                                                                                           SENATE BILL NO. 5070,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5104,

                                                                                                                           SENATE BILL NO. 5117,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5157,

                                                                                                                           ENGROSSED SENATE BILL NO. 5160,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5164,

                                                                                                                           SENATE BILL NO. 5179,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5204,

                                                                                                                           SENATE BILL NO. 5221,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5229,

                                                                                                                           SENATE BILL NO. 5247,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5250,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5262,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5278,

                                                                                                                           SENATE BILL NO. 5279,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5282,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5305,

                                                                                                                           SENATE BILL NO. 5319,

                                                                                                                           SENATE BILL NO. 5325,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5326,

                                                                                                                           SENATE BILL NO. 5327,

                                                                                                                           SENATE BILL NO. 5329,

                                                                                                                           SENATE BILL NO. 5330,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5349,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5385,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5407,

                                                                                                                           ENGROSSED SENATE BILL NO. 5417,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5426,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5436,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5442,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5445,

                                                                                                                           SENATE BILL NO. 5462,

                                                                                                                           ENGROSSED SENATE BILL NO. 5510,

                                                                                                                           SENATE BILL NO. 5528,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5535,

                                                                                                                           SENATE BILL NO. 5609,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5614,

                                                                                                                           SENATE BILL NO. 5621,

                                                                                                                           SENATE BILL NO. 5636,

                                                                                                                           SECOND SUBSTITUTE SENATE BILL NO. 5638,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5643,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5666,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5680,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5682,

                                                                                                                           SENATE BILL NO. 5691,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5717,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5730,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5802,

                                                                                                                           SENATE BILL NO. 5803,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5811,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5822,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5838,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5895,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5903,

                                                                                                                           ENGROSSED SUBSTITUTE SENATE BILL NO. 5907,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 5910,

                                                                                                                           SUBSTITUTE SENATE BILL NO. 6001,

                                                                                                                           SENATE CONCURRENT RESOLUTION NO. 8410,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2005

 

MR. PRESIDENT:

 

Under provisions of Senate Concurrent Resolution No. 8411, the House is returning the following bills to the Senate:

SECOND SUBSTITUTE SENATE BILL NO. 5041,

SENATE BILL NO. 5048,

SUBSTITUTE SENATE BILL NO. 5054,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5084,

SENATE BILL NO. 5086,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5098,

SENATE BILL NO. 5106,

SUBSTITUTE SENATE BILL NO. 5132,

SENATE BILL NO. 5134,

SENATE BILL NO. 5159,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5171,

ENGROSSED SENATE BILL NO. 5222,

SENATE BILL NO. 5232,

SUBSTITUTE SENATE BILL NO. 5234,

SUBSTITUTE SENATE BILL NO. 5237,

SENATE BILL NO. 5241,

SUBSTITUTE SENATE BILL NO. 5270,

SENATE BILL NO. 5272,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5275,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5287,

SUBSTITUTE SENATE BILL NO. 5288,

SENATE BILL NO. 5307,

SENATE BILL NO. 5352,

SUBSTITUTE SENATE BILL NO. 5360,

SUBSTITUTE SENATE BILL NO. 5390,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5452,

SENATE BILL NO. 5484,

SUBSTITUTE SENATE BILL NO. 5502,

ENGROSSED SENATE BILL NO. 5530,

SUBSTITUTE SENATE BILL NO. 5551,

SUBSTITUTE SENATE BILL NO. 5585,

SUBSTITUTE SENATE BILL NO. 5611,

SENATE BILL NO. 5612,

SENATE BILL NO. 5625,

SUBSTITUTE SENATE BILL NO. 5672,

SUBSTITUTE SENATE BILL NO. 5702,

SENATE BILL NO. 5705,

ENGROSSED SENATE BILL NO. 5710,

ENGROSSED SENATE BILL NO. 5714,

SENATE BILL NO. 5723,

SENATE BILL NO. 5744,

SUBSTITUTE SENATE BILL NO. 5755,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5773,

SUBSTITUTE SENATE BILL NO. 5789,

SENATE BILL NO. 5814,

SUBSTITUTE SENATE BILL NO. 5994,

ENGROSSED SENATE BILL NO. 6010,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6104,

SENATE JOINT RESOLUTION NO. 8206,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGES FROM THE GOVERNOR

 

April 25, 2005

 

TO THE HONORABLE, THE SENATE

OF THE STATE OF WASHINGTON

 

Ladies and Gentlemen:

In compliance with the provisions of Section 11 of Article III of the Constitution of the State of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 2004 Regular Session of the 59th Legislature, copies of which are attached.

 

Sincerely,

JENNIFER JOLY, General Counsel

 

CONDITIONAL COMMUTATION

OF

TRINA MARIE STERN

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, Trina Stern began her life as a small-town girl, who enjoyed showing dogs in 4-H. She was an honor student and never missed a day of school. However, a few months after starting at Port Angles High School, she quickly fell in with a new crowd. She began skipping school, running away from home, drinking alcohol, and doing drugs. Her drug and alcohol abuse was so severe she had to spend several weeks at a substance abuse treatment center; and

 

WHEREAS, despite her parents’ wishes, at fifteen, she ran away with her boyfriend, David Bircher, also fifteen, to live with him and his mother. Ms. Stern was pregnant with Mr. Bircher’s child. Ms. Stern and Mr. Bircher came to believe Mrs. Bircher was interfering with their relationship and that she had to be killed so they could finally be together. On the day of the murder, Ms. Stern had been smoking marijuana and drinking alcohol. She claimed to have gone in the bedroom and shut the door while her boyfriend, then repeatedly shot his mother with a semi-automatic gun, killing her. Fingerprints were wiped clean, so it is unknown as to who actually fired the shots. The two then fled to a campsite in Port Angles where they were arrested; and

 

WHEREAS, a five-day declination hearing was held to determine whether Ms. Stern should be tried as a juvenile or as an adult. Dr. Kenneth Asher, a psychologist, examined Ms. Stern. His evaluation showed that she was a very naive, protected, and depressed girl who lacked the psychological capacity to resist the influence of her boyfriend and his mother. He also determined she was at a high risk of substance abuse. He concluded that Ms. Stern was more likely to be rehabilitated in the juvenile system than in the adult system. Lance Norton, Ms. Stern’s juvenile probation officer, disagreed. He stated, in short, that the juvenile system would be inappropriate because she would not be incarcerate long enough to be rehabilitated, she did not appreciate the significance of her wrongful behavior, and was indifferent to the impact of that behavior on others. The determination was made that Ms. Stern be tried as an adult. She was convicted of First Degree Murder and sentenced in December 1997 to twenty-three years and four months; and

 

WHEREAS, whether or not she would have been rehabilitated in the juvenile system, Ms. Stern has shown incredible growth and maturity during her years in prison at the Purdy Corrections Center for Women. She has earned her high school diploma, taken classes in chemical dependency, moral recognition therapy, victim awareness, and college math. She has obtained valuable skills to assist in obtaining gainful employment upon transitioning back into the community; and

 

WHEREAS, Ms. Stern’s work supervisors commend her for her performance. She has been a model inmate; since her incarceration in December of 1997, she has only received one major infraction for possession another offender’s property. She has avoided drugs in prison, and has volunteered to help other inmates; and

 

WHEREAS, Dr. Asher performed a re-evaluation of Ms. Stern in May 2004 for the Clemency and Pardons Board. He found that Ms. Stern has matured into a thoughtful and focused young woman who is sensitive and aware of others, with deep feelings about life and morality. Dr. Asher gave Ms. Stern a strong, positive prognosis for succeeding in society when she is out in the community; and

 

WHEREAS, as demonstrated her behavior while in prison and the evaluations by Dr. Asher, the concerns expressed by Mr. Norton had when Ms. Stern was a juvenile–that she did not appreciate the significance of her crime and was indifferent to others–are aspects of her rehabilitation that have been met. The Clemency and Pardons Board voted unanimously in recommending a commutation based on the tremendous rehabilitation Ms. Stern had undergone and her low risk for re-offending. Board Member Smith Stated, “if the juvenile judge or judge deciding this juvenile remand had known them what we know now, he may have put her into the juvenile system. And we have the ability that he didn’t which is...we get to see what did turn out to happen. We don’t have to guess.” Ms. Stern would have been released three years ago if she were sentenced under the juvenile system; and

 

WHEREAS, Ms. Stern has tremendous family and community support evidenced by letters and over one hundred signatures on her behalf. She is twenty-four years old now and her stated goal is to finish college and get a job in computed aided design or animal health care. She also wants to help troubled girls from going down the road she did; and

 

WHEREAS, I have reviewed all the pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interest of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Trina Marie Stern this Conditional Commutation of her sentence for the express purpose of allowing her to transition back into the community and become a productive citizen. By this order I hereby commute Ms. Stern’s sentence to time served as of June 23, 2007, after serving no less than eleven years on this conviction. Ms Stern will commence a term of forty-eight months of community placement following her release from confinement with the following conditions:

 

Ms. Stern shall:

 

1. Report regularly to a Community Corrections Officer as directed by the Department of Corrections;

2. Pay a monthly supervision fee as directed by the Community Corrections Officer;

3. Notify the Department of Corrections prior to any changes of address or employment;

4. Remain in the geographic area as directed by the Community Corrections Officer;

5. Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

6. Not possess or use alcohol or possess or use any controlled substances without a prescription;

7. Submit to regular and random urinalysis and breathalyser testing, as directed by the Community Corrections Officer;

8. Participate in substance abuse evaluation as directed by the Community Corrections Officer, and follow up on any recommendations from such evaluation;

9. Participate in a chemical dependency evaluation as directed by the Community Corrections Officer, and follow-up on any recommendations from such evaluation;

10. Participate in chemical dependency and substance abuse support groups, as directed by the Community Corrections Officer;

11. Complete a Anger/Stress Management class if have not done so by release from incarceration;

12. Not associate with any drug users or dealers;

13. Not have any contact of any type with Co-Defendant, David Bircher;

14. Participate in electronic monitoring, if deemed appropriate by the Community Corrections Officer;

15. Participate in any mental health evaluation as recommended by the Community Corrections Officer, and follow-up on any recommendations from such evaluation; and,

16. Comply with all standard conditions, recommendations and instructions of community placement as directed by the Community Corrections Officer and with all other applicable conditions imposed by the sentencing court.

 

Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Ms. Stern commits any offense classified as a felony or gross misdemeanor in the State of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without the benefit of sentence reduction credit, whereupon Ms. Stern shall be immediately returned to the Washington Corrections Center for Women or any such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL COMMUTATION

OF

GARY JACKMAN

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1993, Gary Jackman was twenty years old and dating a woman who was terminally ill with cancer. Both were addicted to methamphetamines and Mr. Jackman sold the drug to support their habits. After the police were tipped off, Mr. Jackman pled guilty to Unlawful Possession of a Controlled Substance with Intent to Deliver and sentenced to thirty-six months in prison. Before his sentencing, he and his dying girlfriend fled to Minnesota, where she was from. She died several months later; and

 

WHEREAS, Mr. Jackman continued his drug and alcohol abuse until he was arrested on drug charges again in Minnesota; he served time from 1999 until 2002. Mr. Jackman’s Minnesota probation officer discovered the old warrant from the 1993 and Mr. Jackman was extradited back to Washington to face those charges. He was sentenced to serve out his original sentence, thirty-six months, with no time credited for time served in Minnesota. He began serving his sentence in October 2003; and

 

WHEREAS, if a warrant had been duly performed at the time of his Minnesota arrest, Mr. Jackman would have likely served a concurrent sentence for his crimes and now be on parole. Since being incarcerated in Washington for over thirteen months, Mr. Jackman has been infraction free. He is employed in the prison as a kitchen worker; and

 

WHEREAS, the Pierce County Prosecutor’s Office does not oppose clemency for Mr. Jackman. The Chief Criminal Deputy, Gerald Costello, notes that “Mr. Jackman has made large strides towards rehabilitation, has been a productive member of the work force in Minnesota, and has been significantly punished for the felony he committed in Washington;” and

 

WHEREAS, prior to his extradition Mr. Jackman established a new life for himself in Minnesota. He stared a family and has been steadily employed. It is evident that Mr. Jackman has established substantial ties to Minnesota, as demonstrated by the 103 people who signed a petition to support his commutation; and

 

WHEREAS, I have reviewed all the pertinent facts and circumstances surrounding this matter, and in light of the foregoing, I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Gary Jackman this Conditional Commutation for the express purpose of allowing him to return to his life in Minnesota. By this order I hereby commutate Mr. Jackman’s sentence to time served as of January 15, 2005, SUBJECT TO THE FOLLOWING CONDITIONS:

 

Mr. Jackman shall:

 

1. Pay any remaining legal financial obligations required by the Washington State sentencing court.

2. Proceed immediately to Minnesota.

3. Upon arrival in Minnesota, immediately report to:

Officer Denise Schweisthal

213 Southeast First Avenue

Little Falls, MN 56345

(320) 632-0304

 

Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Mr. Jackman commits any offense classified as a felony or gross misdemeanor in the Sate of Washington, this Conditional Communication is revoked and the sentence imposed by the court reinstated without the benefit of sentence reduction credit, whereupon Mr. Jackman shall be immediately returned to the Washington Corrections Center or any such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections and/or court of jurisdiction shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

JEFFREY CHAD JOHNSTON

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1999, when he was a freshman in college, Jeffrey Johnston pled guilty to a charge of Delivery of a Controlled Substance. The Quad Cities Drug Task Force conducted a controlled buy of marijuana from Mr. Johnston. When his residence was searched, 229 grams of marijuana was discovered. Mr. Johnston was sentenced to 30 days in jail and ordered to pay restitution in the amount of $2,300; and

 

WHEREAS, Mr. Johnston told the Clemency and Pardons Board that he began using marijuana on a regular basis after his best friend’s death and sold the drug to support his habit. After his convictions, he attended a drug and alcohol abuse program and has not been convicted of any more crimes since 1999. He continued his education at Washington State University and earned a degree in Management Information Systems. Board members noted that it appears Mr. Johnston has put his drug use behind him; and

 

WHEREAS, Mr. Johnston states his life dream is to join the Army National Guard and serve his country. However, according to Sergeant Moore with the Texas Army National Guard, Mr. Johnston is ineligible to join the Guard due to his criminal conviction. Sergeant Moore notes that if it is possible to clear his record, Mr. Johnston would have the opportunity to serve his country; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Jeffrey Chad Johnston this Conditional Pardon for the express purpose that he may join the military, SUBJECT TO THE FOLLOWING CONDITIONS.

 

Mr. Johnston shall:

 

1. Not commit any more crimes; and

2. Enlist in the Texas Army National Guard, or another branch of the military, within twelve months.

The foregoing conditions of this Conditional Pardon shall remain in force indefinitely. Upon breach of these conditions this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

DONG QIU

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Dong Qiu is a native of China who in 1993 immigrated to the United States, at the age of fifteen, as a lawful permanent resident. In 1996-1998, Mr. Qiu went through a difficult period during which he had some trouble with the law. In 1996, he pled guilty to Assault in the Third Degree. This conviction stemmed from an incident where Mr. Qiu and his roommate confronted two individuals they suspected of burgling their apartment. They hit one of them on the side of the head with a shotgun barrel; the shotgun discharged and embedded pellets in a wall. Mr. Qiu’s co-defendant also shot at the victim with a handgun. Later that year, in violation of court orders, Mr. Qiu was found in possession of a handgun. He pled guilty to Attempted Unlawful Possession of a Firearm in the Second Degree. In 1998, Mr. Qiu was a passenger in his own car, which was being driven by a friend. The care was stopped for an equipment violation and a search revealed twenty grams of marijuana in three bags, empty baggies, and a set of scales. Mr. Qiu pled guilty to Unlawful Solicitation to Possess a Controlled Substance. As a result of these convictions, Mr. Qiu is currently facing deportation to China as an “aggravated felon” under the Immigration and Nationality Act; and

 


WHEREAS, Mr. Qiu has completed all the requirements of his sentences, paid court expenses in full, and has remained crime-free since his 1998 conviction. He has worked hard to turn his life around. He went to college and for the last two years has been working as a computer programmer for a construction company. Having been in the U. S. For eleven years, Mr. Qiu has developed strong ties to his community. His entire family now lives in Washington. He is also married to a U. S. Citizen wife and has two children. Numerous letters of support were also sent by employers and friends attesting to Mr. Qiu’s character; and

 

WHEREAS, Clemency and Pardons Board Member Smith noted that, “I think that the consequence {of deportation} from the convictions so far outweighs the magnitude of his culpability for those offenses;” and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Dong Qiu this Full and Unconditional Pardon for the express purpose of obtaining a waiver to legally remain in the United States.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of Senate

 

CONDITIONAL PARDON

OF

RION LEE TISINO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Rion Tisino was a high school dropout involved with gangs and drugs, and received a felony conviction for possession of cocaine. When he was nineteen years old, he was involved in a dispute with rival gang members and was shot in the back. He began carrying a gun, which was discovered by officers during a stop for a traffic violation. Mr. Tisino was convicted of Possession of a Firearm and sentenced to 90 days in prison. After his harrowing near-death encounter and serving time in prison, he realized his life needed to change; and

 

WHEREAS, Mr. Tisino earned a GED, Associates Degree, and both a Bachelors and Masters in Social Work. While enrolled at South Seattle Community College (SSCC), Mr. Tisino received a SSCC Foundation scholarship, participated in student government, and was awarded for tutoring other students in math. During this time, he also tutored elementary students in reading and math. He currently works at Central Youth Family Services in Seattle and an is active member of the Seattle Police Department’s African American Community Council; and

 

WHEREAS, Mr. Tisino has been crime free since 1995. His drug conviction was vacated in June 2004. He would have also been able to vacate his firearms conviction, but due to a clerical error made by the Department of Corrections, he must wait another five years. Despite his felony conviction, he was hired as a middle and high school counselor in the Seattle Public Schools, with the understanding that his felony conviction would be resolved. This exception was made because Mr. Tisino has a proven his aptitude for helping others and his life experiences make him uniquely qualified in working with at-risk youth. Chairman Winsor of the Clemency and Pardons Board pointed out that Mr. Tisino was not given a second chance, but earned it; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue fo the power vested in me as Governor of the State of Washington, hereby grant to Rion Lee Tisino this Conditional Pardon, SUBJECT TO THE FOLLOWING CONDITIONS:

 

1. Mr. Tisino shall not commit any more crimes.

2. Mr. Tisino shall not receive, possess, own, ship or transport firearms. This Conditional Pardon does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.

 

The conditions of this Conditional Pardon shall remain in force indefinitely. Upon breach of any of these conditions, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

ROGELIO HERRERA-TORRES

 

To All to Whom These Presents Shall Come, Greetings:


 

WHEREAS, Rogelio Herrera-Torres came to the United States from Mexico in 1982, becoming a lawful permanent resident in 1989. He resided in Washington for twenty years, employed at riding clubs and stables as a ranch hand. Mr. Herrera-Torres remained crime free until 1996 when he was charged with First Degree Child Molestation for fondling his nine year old niece. Once confronted, Mr. Herrera-Torres admitted his responsibility and sought help for his deviancy. He was sentenced to 51 months in prison; and

 

WHEREAS, while incarcerated, Mr. Herrera-Torres successfully completed sexual deviancy treatment. His counselors reported that he appeared empathetic, honest, and willing to accept criticism. They stated that he was motivated in treatment and he appeared to have a good understanding of his deviant behavior. His treatment providers rated him a low risk to re-offend as did four independent computerized risk assessment tools. In addition, while incarcerated he remained infraction-free and completed his GED, and alcohol program, and anger management classes; and

 

WHEREAS, at the time of his sentencing, the crime for which Mr. Herrera-Torres was convicted of was not a deportable offense. Unfortunately for Mr. Herrera-Torres, the immigration laws changed the following year classifying his crime an “aggravated felony,” and thus a deportable offense. After all his immigration appeals were exhausted, Mr. Herrera-Torres was deported to Mexico in 2001 upon completion of his sentence. According to his daughter who remains in the is in the U. S., he has remained crime free and lived an exemplary life while in Mexico, hoping to eventually return to his family in the U. S.; and

 

WHEREAS, Mr. Herrera-Torres has the support of his family and community members. The victim, Mr. Torres’ niece, is now in high school and supports her uncle’s pardon. She states that the punishment of four years in prison was severe; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interest of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Rogelio Herrera-Torres this Full and Unconditional Pardon for the express purpose of making him eligible for re-entry into the United States.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

RABIH ABOUL EL HOSN

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Rabih Aboul El Hosn was born in Lebanon and came to the United States in 1978 with his family. In 1980,he was accorded lawful permanent resident status. Having been in the U. S since he was four years old, he remembers little of his native country; and

 

WHEREAS, Mr. El Hosn never became a full U. S. citizen. As such, convictions for certain crimes subjected him to deportation under the Immigration and Nationality Act. When he was 18 years old, a dispute arose between Mr. El Hosn’s younger brother and some neighbors over some compact discs. The neighbors allegedly threatened Mr. El Hosn and his brother, shot at their home, and then shattered the windows of Mr. El Hosn’s car. Mr. El Hosn decided to go to the neighbors’ house to confront them. After an angry exchange of words, Mr. Sl Hosn went to his car to retrieve a revolver and shot one of the neighbors in the chest. He admitted to being under the influence of LSD and alcohol at the time; and

 

WHEREAS, as a result of the incident, Mr. El Hosn was convicted of First Degree Assault with a Firearm and was sentenced to serve nine years and eleven months, and ordered to pay restitution in the amount of $16,058.45. While serving his time in prison, Mr. El Hosn earned two college certificates for drafting and web development/computer programming from Edmonds Community College. He was also a teacher’s assistant with the college for almost three years. In addition to the college coursework and various job training certifications, Mr. El Hosn received several recognition certificates; and

 

WHEREAS, after he served his prison term, Mr. El Hosn was deported to Lebanon in March 2004 after exhausting all immigration appeals. At the time of his conviction, Mr. El Hosn was not at risk of being deported. However, the immigration laws changed in 1997 and applied retroactively to make Mr. El Hosn’s crime a deportable offense; and

 

WHEREAS, all of Mr. El Hosn’s immediate family resides in the U. S. In testimony before the Clemency and Pardons Board via telephone, he indicated that he is living in Lebanon with an uncle he does not know, and he does not speak or read the language. He considers himself an American, and stated, “I wasn’t really aware that I wasn’t an American citizen until after I committed this felony.” Shortly following his deportation, his mother died of cancer. He wishes to return to the U. S. And support his elderly father; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Rabih Aboul El Hosn this Full and Unconditional Pardon for the express purpose of making Mr. El Hosn eligible for re-entry into the United States. It is my hope that upon his return he will become a law abiding citizen, and satisfy any restitution still owed as a result of the assault.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

SINXAY KEOSISANO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Sinxay Keosisano entered the United States in 1979 as a refugee from Laos when he was eight years old. He became a lawful permanent resident in March 1982. In 1995, after some drinking, he and his brother, Vanxay, broke into a convenience store and stole some beer and candy. As a result, Mr. Keosisano was convicted of Burglary in the Second Degree, sentenced to community service, and ordered to pay $1,718 in restitution. He has paid restitution in full and apologized to the storeowner. The owner has forgiven him and has since allowed Mr. Keosisano to return to his store; and

 

WHEREAS, Mr. Keosisano is facing deportation to Laos based on a separate incident that occurred in 1997. Again, after several drinks, Mr. Keosisano and his brother went to a Burger King. While they were there, the encountered some Marines, who were also intoxicated. The Marines followed the Keosisano brothers home and tried to pick a fight with Vanxay. Vanxay and a Marine then got into a fistfight on the street. Soon other Marines, one wielding a knife, surrounded Vanxay and began beating him. Panicked, Mr. Keosisano ran inside to get his father’s hunting rifle, hoping to scare away the Marines. He came outside and fired a shot in the air, not knowing whether the rifle was loaded. Mr. KEOSISANO then struggled for possession of the gun with others who were involved in the altercation. The gun went off and Vanxay was hit in the hand. The Marines fled and Vanxay was taken to the hospital where his finger was amputated. Due to his previous felony conviction for burglary, Mr. Keosisano was convicted as a felon in possession of a firearm; and

 

WHEREAS, Mr. Keosisano was sentenced to 24 months for Unlawful Possession of a Firearm in the First Degree. As a result of this conviction, Immigration and Customs Enforcement charged him removable under the immigration law for conviction of an “aggravated felony.” An immigration judge ordered him removed from the U. S. in December 2002, although the order has been subject to an informal stay pending the outcome of Mr. Keosisano’s request for clemency; and

 

WHEREAS, Mr. Keosisano’s family was granted refugee status because his father had fought against the North Vietnamese Communists during the Vietnam War. Ms. Morales, Mr. Keosisano’s attorney, presented an affidavit from Edward John Szendrey, a member of the Fact Finding Commission charged with bringing the plight of the Veterans of the U. S. Secret War in Laos to the attention to the attention of the U. S. Congress and the American People. Mr. Szendrey reported that in Laos family members of individuals who supported the U. S. government during the Vietnam War are subject to retaliation, including mistreatment, torture, and even genocide. Mr. Ronald Sley, an associate professor at the Seattle University School of Law who specializes in international human rights law corroborated Mr. Szendrey’s position. He also reported that these individuals continue to be the target of abuse by the Laos military and are subject to being tortured, starved, raped and killed; and

 

WHEREAS, Mr. Keosiano acknowledged his alcohol problem and has sought help in order to live a more productive life. He completed an intensive outpatient treatment program for alcoholism. He also attends Alcoholics Anonymous on a daily basis. The victim, his brother, Vanxay, does not blame him for what happened and feels that he was only trying to help him; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Sinxay Keosisano this Full and Unconditional Pardon for the crime of First Degree Unlawful Possession of a Firearm for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

DONNELL KAYE McQUISTION

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1993 Donnell Kaye McQuistion, then twenty-four, was convicted of having a sexual relationship with a fifteen year-old boy. She was found guilty of Third Degree Rape of a Child and was sentenced under the Special Sex Offender. Alternative guidelines to thirteen months, with thirty-six months of community supervision; and

 


WHEREAS, when she was discharged in 1996, the victim had turned eighteen. He contacted her and they started living together. By 1997, they were married. They had a child together the following year. In 1999, the were divorced; Ms. McQuistion has custody of their child; and

 

WHEREAS, Ms. McQuistion decided to pursue her dream of being a care provider. She obtained the required license, and employment with Serene Meadows operator of three adult family homes. A few months later, the owner of the facility received a visit from a state licensor, who informed him that Ms. McQuistion had to be terminated immediately due to her felony conviction. Following her termination, Ms. McQuistion has been employed at a convenience store and must rely on welfare for additional financial support; and

 

WHEREAS, despite being licensed as a Nursing Assistant Registered (NAR), Ms. McQuistion is barred from being hired by any State-affiliated facility due to her felony conviction. Ms. McQuistion states that she seeks a job she truly enjoys doing to support her family without relying on welfare; and

 

WHEREAS, it has been over eleven years since Ms. McQuistion was convicted. She has demonstrated that she is rehabilitated, having successfully completed every phase of her sex offender treatment. She has passed all the polygraphs that assess her risk for sexual deviancy and has proven she is not a threat to society; and

 

WHEREAS, Ms. McQuistion has the support of her family and community members, including the retired Chief of Police from the Davenport, where the crime occurred. She has remained crime free since being released and the prosecutor in her case dose not oppose her petition for a pardon; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, and in light of the foregoing I have determined that the best interests of justice will be served by this action and;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Donnell Kaye McQuistion this Conditional Pardon, SUBJECT TO THE CONDITION that Mr. McQuistion shall not commit any more crimes.

 

The condition of this Conditional Pardon shall remain in force indefinitely. Upon breach of this condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL COMMUTATION

OF

ANDREW DONALD MICHELL

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, on Halloween night 1995, Andrew Michell participated with four accomplices in the armed home invasion of three separate residences. Mr. Michell remained outside in the getaway car while the robberies took place. He stated to the police, “How and why I ever got into such a stupid mess I do not know.” as a result of his participation, he was convicted as an accomplice for First Degree Burglary, First Degree Robbery, Residential Burglary, and Robbery. He was sentenced to 12 years 3 months in prison and ordered to pay restitution in the amount of $1,826; and

 

WHEREAS, prior the incident, Mr. Michell had gone through a lot of pain in his life and had become a very angry person. He had lost his two brothers, one 1987 who was 9 years old and the other in 1994, who was 13. His father died last May and his family home had been burglarized twice. He had been to counseling and mental institution. He had emotional problems and began having problems at home and school before he began associating with the wrong crowd; and

 

WHEREAS, Mr. Michell been a model inmate during his incarceration. He has received only one infraction for staff interference in 1997. He has taken every opportunity for education, job training, and social rehabilitation. Mr. Michell has earned his GED and finished programs for Vocational Writing, Job Safety, Information Technology, and Welding. He has also completed Victim Awareness, Standardized Stress, Family Dynamics, Moral Recognition Therapy and the Youth Offender Program. He is working on his Associates Degree and would like to finish his Bachelor’s Degree in Engineering. He is currently working in the auto shop as a mechanic; and

 

WHEREAS, Mr. Michell has substantial support from family and various instructors. His mother, a high school teacher for over thirty years, is willing to provide a home and transportation upon Mr. Michell’s release. Mr. Smiley, an instructor for Pierce College, testified at the hearing that “In my experience working with inmates, especially inmates that have been incarcerated as early as he has, it is pretty remarkable when you see a fellow not take on the hard edge that a lot of the inmates take on when they have been in prison from that early;” and

 

WHEREAS, Mr. Michell is remorseful. After the crime spree, he was the only one in the group of offenders who wrote letters of apology to the victims. Board Member Smith of the Clemency and Pardons Board noted that Mr. Michell has paid restitution in full while in prison, has taken responsibility, and has only had one infraction. Chairman Winsor agreed with Member Smith and added the time Mr. Michell has spent in prison is an appropriate and sufficient punishment. He concluded that there is substantial community and family support and stated, “I have not the slightest notion that the community will be harmed in any way if he were to be released;” and

 

WHEREAS, I have reviewed all the pertinent facts and circumstances surrounding this matter, and in light of the foregoing, I have determined that the best interest of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Andrew Donald Michell this Conditional Commutation of his sentence. By this order I hereby commute Mr. Michell’s sentence to time served as of January 12, 2005, which shortens his sentence by nine months. Upon that date, Mr. Michell will commence a term of community custody not to exceed thirty-six months, SUBJECT TO THE FOLLOWING CONDITIONS:

 

Mr. Michell shall:

 

                                                                                                                           1. Report regularly to a Community Corrections Officer as directed by the Department of Corrections;

                                                                                                                           2. Pay a monthly supervision fee as directed by the Community Corrections Officer;

                                                                                                                           3. Notify the Department of Corrections prior to any changes of address or employment;

                                                                                                                           4. Remain in the geographic area as directed by the Community Corrections Officer;

                                                                                                                           5. Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

                                                                                                                           6. Not possess or use alcohol or possess or use any controlled substances without a prescription;

                                                                                                                           7. Submit to regular and random urinalysis and breathalyzer testing, as directed by the Community Corrections Officer;

                                                                                                                           8. Not patronize or frequent businesses or other areas where the sale of intoxicating beverages is a main source of funding;

                                                                                                                           9. Participate in electronic monitoring, if deemed appropriate by the Community Corrections Officer;

                                                                                                                           10. Comply with all conditions, recommendations, and instructions of community placement as directed by the Community Corrections Officer and with all other applicable conditions imposed by the sentencing court.

 

Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Mr. Michell commits any offense classified as a felony or gross misdemeanor in the State of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without the benefit of sentence reduction credit, whereupon Mr. Michell shall be immediately returned to the Washington Corrections Center or any such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections and/or court of jurisdiction shall provide a written report to the Clemency and Pardons board regarding the violation of any condition of this Conditional Commutation.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

PEDRO AGUILERA-MONTERO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Pedro Aguilera-Montero is a native and citizen of Mexico. He was born in a small village and began working at the age of six. Seeking opportunities for a better life, he came to the United States in 1986 without proper documentation. Upon settling in Washington, he began associating with the wrong crowd and became involved with drugs. One day in 1993, he was pulled over for suspicion of driving under the influence and was discovered to be in the possession of a small amount of cocaine. He was convicted of Unlawful Possession of a Controlled Substance. He was sentenced to 20 days in jail and ordered to pay a fine of $1,565; and

 

WHEREAS, Mr. Aguilera-Montero is presently facing deportation from the U. S. At the time of his conviction, Possession of a Controlled Substance was not a basis for deportation. However, the immigration laws changed in 1997 and have been applied retroactively to make Mr. Aguilera-Montero’s conviction a deportable offense; and

 

WHEREAS, after the incident, Mr. Aguilera-Montero completed a drug and alcohol program, participated in Alcoholics Anonymous for five years, and has stayed away from drugs. He has paid his fine in full and has had no further criminal activity since his conviction. Mr. Aguilera-Montero has been married to a U. S citizen wife for the past eleven years, which absent his conviction would make him eligible to adjust his immigration status. Mr. Aguilera-Montero and his wife have a seven year-old daughter. Additionally, they are guardians to two young nephews; and

 

WHEREAS, Mr. Aguilera-Montero has worked diligently to support his family and become a productive member of society. He has been employed for the last five years as a construction foreman, managing a crew of six people. He provides the financial and emotional support to his family, who would suffer extreme hardship were he deported. Board member Smith of the Clemency and Pardons Board pointed out that, “The magnitude of the harm is so out of proportion to the offense and the culpability of the offender, that this is an extraordinary case;” and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Pedro Aguilera-Montero this Full and Unconditional Pardon for the express purpose of allowing him to remain legally in the United States.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL COMMUTATION

OF

ERIC RYAN BURDYSHAW

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, thirteen years ago, Eric Burdyshaw committed an act that scarred the lives of several people. In 1990, when he was twenty-one, Mr. Burdyshaw became involved with a fourteen year-old female. He was eventually arrested, convicted of Communicating with a Minor for Immoral Purposes, and placed on probation. Shortly afterwards, he began to see the girl again and was arrested for a parole violation, whereupon he was sentenced to serve jail time. He was subsequently released and within a couple of days, he went to the residence of his victim intending to intimidate her and her family, whom he blamed for his conviction. Armed with a rifle, he threatened several family members and others present. As he pointed the rifle towards the girl’s parents, if fired and struck a family friend in the leg and seriously wounded him. The wound was potentially life-threatening, but fortunately the individual recovered. Mr. Burdyshaw was convicted of five crimes stemming from this incident: two counts of First Degree Assault, one count of Second Degree Assault while Armed with a Deadly weapon, and two counts of Unlawfully Carrying a Weapon. His sentence was a combined twenty-one years in prison; and

 

WHEREAS, Mr. Burdyshaw accepts total responsibility for the suffering he caused that day and is grateful the situation did not turn out worse than it did. He acknowledges his emotional immaturity at the time and believes being in prison has changed him for the better. He has sought to improve himself and make the most of his time in prison so that upon his release he may be a productive member of society. Mr. Burdyshaw has taken Anger Management and Victim Awareness classes as well as several computer courses. While in prison, he worked for six years as a CAD/CAM designer; and

 

WHEREAS, Mr. Burdyshaw has been described as a diligent worker who pays attention to detail and produces high quality work. His employers consistently praise him as being a hard worker, personable, and well liked by his fellow employees. Mr. Burdyshaw states that, “besides teaching me the value of an honest day’s work, Omega [his prison employer] has given me the skills to succeed in the outside world.” He intends to continue employment with Omega upon his release; and

 

WHEREAS, in addition to having a strong work ethic, Mr. Burdyshaw has maintained close ties with his family and friends throughout his incarceration. Because of his good behavior, he earned the privilege of participating in the Extended Family Visiting Program, where family members are allowed to visit overnight; and

 

WHEREAS, Clemency and Pardons Board members noted Mr. Burdyshaw’s extensive family support, exemplary work record, and model behavior while incarcerated. These attributes put him in good position to successfully transition back to society. He has shown that he has matured and has an honest desire to be rehabilitated, having received only a few minor infractions in the past eight years; and

 

WHEREAS, I have reviewed all the pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interest of justice will be served by this action;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Eric Ryan Burdyshaw this Conditional Commutation. By this order I hereby commute Mr. Burdyshaw’s sentence to time served as of December 15, 2005. Upon that date, Mr. Burdyshaw will commence a term of thirty-six months of community placement following his release from confinement, SUBJECT TO THE FOLLOWING CONDITIONS:

 

Mr. Burdyshaw shall:

 

1. Report regularly to a Community Corrections Officer as directed by the Department of Corrections;

2. Pay a monthly supervision fee as directed by the Community Corrections Officer;

3. Notify the Department of Corrections prior to any changes of address or employment;

4. Remain in the geographic area as directed by the Community Corrections Officer;

5. Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

6. Not possess or use alcohol or possess or use any controlled substances without a prescription;

7. Submit to regular and random urinalysis and breathalyzer testing, as directed by the Community Corrections Officer;

8. Not patronize or frequent businesses or other areas where the sale of intoxicating beverages is a main source of funding;

9. Not have any contact with minors unless approved by the Community Corrections Officer and his Washington state certified therapist and unless there is a responsible guardian present at all times;

10. Participate in a sex offender evaluation as directed by the Community Corrections Officer, and follow-up on any recommendations from such evaluation;

11. Submit to regular and random polygraph and plethysmograph examinations, as directed by the Community Corrections Officer and/or his Washington state certified therapist;

12. Participate in electronic monitoring, if deemed appropriate by the Community Corrections Officer;

13. Participate in any mental health evaluation as recommended by the Community Corrections Officer, and follow-up on any recommendations from such evaluation; and,

14. Comply with all conditions, recommendations and instructions of community placement as directed by the Community Corrections Officer.

 


Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Mr. Burdyshaw commits any offense classified as a felony of gross misdemeanor in the State of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without the benefit of sentence reduction credit, whereupon Mr. Burdyshaw shall be immediately returned to the Washington Corrections Center or any such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections and/or court of jurisdiction shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional commutation.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

JASON ECHON MASANGKAY

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, when Jason Masangkay was fourteen years old, he attempted to shoplift three video games from a Fred Meyer store. As he tried to leave the store, he was stopped by store employees. In the struggle, Mr. Masangkay knocked down a store employee, causing her a concussion and whiplash. He was charged with Robbery in the Second Degree and sentenced to fifteen to thirty-six weeks of supervision with the Juvenile Rehabilitation Administration; and

 

WHEREAS, Mr. Masangkay is now a 20-year-old adult who has not had any further trouble with the law. Since the incident in 1998, he has graduated from high school, and successfully completed the Pharmacy Technician Program at Bryman College. He has gone on to complete an extern ship at Virginia Mason Medical Center Pharmacy and is hoping for a permanent placement; and

 

WHEREAS, Mr. Masangkay has strong family support. Additionally, retired Judge John Darrah, the sentencing judge in Mr. Masangkay’s case, testified on his behalf, stating that he has, “felt so bad about what the law did to this young man, in terms of requiring him to carry the mark of this very foolish act that he committed when he was juvenile; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Jason Echon Masangkay this Conditional Pardon, SUBJECT TO THE FOLLOWING CONDITIONS:

 

1. Mr. Masangkay shall not commit any more crimes.

2. This Conditional Pardon does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.

 

Upon breach of any of these conditions, this conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

JOHN MICHAEL ECHEVESTE

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1988, John Michael Echeveste, then a Seattle police officer, was convicted of two counts of Third Degree Statutory Rape for having sex with a fourteen year old prostitute. He was sentenced to eight months in prison, one year of community supervision, and ten years probation as a registered sex offender; and

 

WHEREAS, after his release from prison, Mr. Echeveste sought to begin a new life as a physician’s assistant. He attended a surgical technical program, and gained employment at Overlake Hospital in Bellevue. He then took two years of classes in the Medex Physician Assistant Program at the University of Washington. After that program, Mr. Echeveste successfully obtained a medical license from the State of Washington. He has worked at Northwest Hospital for the past six years, first as a surgical technician, and now as a surgical physician assistant; and

 

WHEREAS, it has been sixteen years since Mr. Echeveste served his time and he has remained crime free. He voluntarily took a polygraph examination in July 2004 that verified he has had no sexual thoughts of any patients since beginning work as a physician’s assistant. He feels that working in the medical field has truly changed his life for the better; and

 


WHEREAS, every two years mr. Echeveste must undergo recertification, a process requiring a check of his criminal history. Although he has been up-front with his employers about his conviction, Mr. Echeveste has had his staff privileges revoked twice due to hospital liability and licensing concerns. Although his privileges have eventually been reinstated through appeals to the Credentials Quality Board, he has lost several months of income during the revocation periods; and

 

WHEREAS, Mr. Echevests has received numerous letters of support from medical staff vouching for his good character and exemplary performance. Dr. Steven Klein, Chief of Surgery at Northwest Hospital, testified on his behalf at the Clemency and Pardons Board hearing. Dr. Klein said that the work Mr. Echeveste does is highly technical, and that he is only one of two assistants able to assist with neurosurgery; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to John Michael Echeveste this Conditional Pardon, SUBJECT TO THE CONDITION that Mr. Echeveste shall not commit any more crimes.

 

The foregoing condition of this Conditional Pardon shall remain in force indefinitely. Upon breach of any of this condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

REBECCA LEE NUNNELLEY

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, at the age of twenty-two, Rebecca Nunnelley was convicted of First Degree Theft for embezzling funds from her employer. At the time, she was using cocaine daily and drinking heavily. She was sentenced to fifteen days in jail, ten years probation, and restitution; and

 

WHEREAS, Ms. Nunnelley’s probation ended in 2002 and she has repaid the restitution of $6,948.00 in full. Since her conviction in 1991, she has remained crime-free. She has not consumed alcohol since 1996 and has been free of her cocaine dependency since 1989; and

 

WHEREAS, Ms. Nunnelley went to school to become a nurse, and worked as a licensed practical nurse in Texas. She subsequently moved to Oklahoma and wishes to continue in the nursing profession. However, prior to licensure, the Oklahoma Nursing Practice Act requires that five years elapse from the date of termination of probation. Accordingly, without a pardon, Ms. Nunnelly, now 38 years old, will not be eligible to practice as a nurse in Oklahoma until 2007; and

 

WHEREAS, several letters of reference were submitted on behalf of Ms. Nunnelly from physicians and staff at the hospital she worked for in Texas describing her as a highly competent nurse who is an asset to the profession; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Rebecca Lee Nunnelly this Conditional Pardon, SUBJECT TO THE CONDITION that Ms. Nunnelly shall not commit any more crimes.

 

The condition of this Conditional Pardon shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

DONALD DAVID GIRVAN

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1988 Donald Girvan pled guilty to Third Degree Rape. The conviction arose out of a night of drinking. Mr. Girvan spent time with the victim at a bar and later a dance club. At the dance club, a male friend of Mr. Girvan’s asked him for a ride home. Mr. Girvan took him home and the victim accompanied him. After arriving at the home, Mr. Girvan, his friend, and the friend’s roommate continued drinking with the victim. Mr. Girvan claims to have left when the situation became sexual. Mr. Girvan’s co-defendants went to trial for the rape, but the jury was unable to reach a verdict in their case, so they were never convicted; and

 

WHEREAS, Mr. Girvan received a sentence of six months of work release and was ordered to pay $122.88 in restitution. It has been more than thirteen years since Mr. Girvan complete all the obligations relating to his sentence, having received an Order of Discharge on April 24, 1991; and

 

WHEREAS, Mr. Girvan now lives in Hawaii and is required to register as a sex offender because of his 1988 conviction. Had he remained in Washington, the relevant statute provides that he would have been eligible to stop registering as a sex offender several years ago. However, because the conviction occurred out of state, Hawaii will only relieve Mr. Girvan from having to register if Washington produces a written order stating that the obligation no longer exists. Washington does not issue written orders in such cases since, under the statute, the requirement automatically lapses tens years after discharge; and

 

WHEREAS, Mr. Girvan now leads an exemplary life. He has been married for twenty-six years and has raised two children, one of whom has served in the Special Forces in Iraq. He has been clean and sober since the incident and is currently the General Manager a the Planet Hollywood in Honolulu. A dozen people have written and testified to Mr. Girvan’s character, including former Governor Rossellini, who addressed the Clemency and Pardons Board and stated that he has known Mr. Girvan for twenty-five years and that he is an upright and honest citizen; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Donald David Girvan this Conditional Pardon for the express purpose relieving him from the duty to register as a sex offender in Hawaii, SUBJECT TO THE CONDITION that Mr. Girvan shall not commit any more crimes.

 

The condition of this Conditional Pardon shall remain in force immediately. Upon breach of this condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

AUDREY RIGGS

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, nine years ago, Audrey Riggs got into an altercation that resulted in her conviction for Second Degree Assault. Ms. Riggs, who claimed to have been defending herself, caused a laceration to the victim’s cheek by using a knife, and by throwing a beer bottle at her. She pled guilty to the crime, received nine months in prison, and was ordered to pay $669.39 in restitution; and

 

WHEREAS, since serving her sentence and paying restitution in full, Mr. Riggs has turned her life around. She has built a life for herself that does not involve alcohol. She attends Alcoholics Anonymous meetings and has been sober for eight years. In addition, she completed her GED and went on to obtain an Associates Degree in the Culinary Arts. With this degree, she hopes to start a family restaurant or catering business. She is also active in her church, participating as secretary of the Women’s Department, and as a choir member; and

 

WHEREAS, Ms. Riggs has worked hard to demonstrate her rehabilitation so that she may gain custody of her seven year-old grandson, Rodney, who is currently in foster care. Rodney’s mother has lost her parental rights, so his grandmother, Ms. Riggs, wants to care for him. However, Department of Social and Health Services’ policy permanently disqualifies felons from becoming guardians; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Audrey Riggs this Conditional Pardon, SUBJECT TO THE CONDITION that Ms. Riggs shall not commit any more crimes.

 

The condition of This Conditional Pardon shall remain in force indefinitely. Upon breach of the condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 10th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED


Secretary of State

 

CONDITIONAL PARDON

OF

KATHLEEN ELIZABETH BETZ-BLOCH

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Ms. Betz-Block was an alcoholic who drank in an attempt to escape her problems. Her addiction strained her relationships with friends and family, and ultimately caused the end of her marriage. In early 2000, while severely intoxicated, Ms. Betz-Bloch and her then-husband were involved in several domestic disputes. In one incident, she was convicted of Fourth Degree Assault/Domestic Violence and Driving Under the Influence. After the couple separated, Ms. Betz-Bloch continued to drink. On two occasions, she violated No Contact Orders that her husband had against her. She was also convicted of Criminal Trespass; and

 

WHEREAS, finally hitting rock bottom, Ms. Betz-Bloch realized she had to change, especially for the sake of her daughter. She recognized that her alcohol addiction was the root of her problem and sought help. In 2001, she completed an intensive rehabilitation program at Schick Shadel Hospital. Counselors noted that she was focused and motivated during treatment; and

 

WHEREAS, Ms. Betz-Bloch’s path to recovery did not end with just rehabilitation therapy. She continued to become actively involved with Alcoholics Anonymous (AA), attending daily meetings and even sponsoring others; and

 

WHEREAS, with her life back on track, Ms. Betz-Bloch mended her relationships and strove to improve herself. She is reconciled with her ex-husband and they plan to remarry. She went back to school and became a paralegal. Despite her success in that field, Ms. Betz-Bloch has decided mental health counseling is her true calling. So, she has completed the prerequisites for a graduate degree in psychology and has been accepted into Antioch University’s Masters program for mental health and dependency counseling. However, due to her convictions, Ms. Betz-Bloch may be barred from becoming licensed and certified by the State of Washington as a mental health counselor; and

 

WHEREAS, Ms. Betz-Bloch has strong community and family support and has demonstrated her desire to help others. At the Clemency and Pardons Board hearing, a woman Ms. Betz-Bloch sponsored in AA told of how ms. Betz-Bloch stayed with her for seven days and nights until she began treatment. Board member Smith believes, “the citizens of Washington State would be very well served if you were able to complete your degree and practice as a social worker, counselor, or therapist...working with recovering alcoholics and drug addicts.”

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will served by this action;

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Kathleen Elizabeth Betz-Bloch this Conditional Pardon, SUBJECT TO THE CONDITION that Ms. Betz-Bloch shall not commit any more crimes.

 

The foregoing condition shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on the 6th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

DANIEL PATTERSON

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on December 20, 1997, Mr. Patterson, then 17 years old, made a grave mistake that would affect the rest of his life. He attended an underage drinking party and consumed a large quantity of alcohol. During the course of the party, he participated in an armed robbery with three other teenagers. Mr. Patterson pled guilty to First Degree Robbery and was sentenced to one year in prison, 36 months of community supervision, alcohol treatment, and was required to pay restitution; and

 

WHEREAS, since that incident, Mr. Patterson has striven to change the direction of his life. He participated in a substance abuse program and completed high school. He was granted an early discharge from supervision in order to attend college. He has since graduated with a B.A. in International Studies and Business from Grand Canyon University in Phoenix. While in college, Mr. Patterson worked full time to pay off his restitution; and

 

WHEREAS, in addition to satisfying all the conditions of his sentence, Mr. Patterson has contributed a substantial amount of time working with charitable, non-profit organizations. Through his difficult times, he received support from many people who helped change his life for the better and now he wishes to give something back. Mr. Patterson co-founded a chapter of Habitat for Humanity, and has worked with at-risk youths and the homeless. He has applied to serve in the Peace Corps, but was declined due to his felony conviction; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter., the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Daniel Patterson this Conditional Pardon, SUBJECT TO THE FOLLOWING CONDITIONS:


1.                                                                                                                         Mr. Patterson shall not commit any more crimes.

2.                                                                                                                         Mr. Patterson shall not receive, possess, own, ship or transport firearms. This Conditional Pardon does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.

The foregoing conditions of this Conditional Pardon shall remain in force indefinitely. Upon breach of the foregoing conditions, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 6th day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

IVO FRONEK

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1991, Ivo Fronek was convicted of First Degree Robbery. As the driver of a getaway car, he assisted two people who had robbed a grocery store. Mr. Fronek claimed that he did not know his two acquaintances were going to the store to commit a crime. He served 33 months in prison and was released in 1994; and

 

WHEREAS, in 1984 at age 20, Mr. Fronek immigrated to the United States as a refugee from the Czech Republic, formerly Czechoslovakia. His status was adjusted to that of a Lawful Permanent Resident in 1986. Mr. Fronek applied for United States citizenship in 1999. His application was denied and he was placed into removal proceedings because of his 1991 criminal offense. Although at the time of Mr. Fronek’s conviction First Degree Robbery was not a crime mandating deportation, in 1996 the Immigration and Nationality Act was amended to expand the list of crimes that are considered “aggravated felonies” and from which no relief from deportation is available other than a presidential or gubernatorial pardon. These amendments apply retroactively to Mr. Fronek’s 1991 conviction for First Degree Robbery; and

 

WHEREAS, in the decade since his release, Mr. Fronek has demonstrated that he has turned his life around, having led a crime free and productive life. He worked in the engineering industry for several years before establishing his own business, Integrated Technical Communications Systems, in the high-tech communications field. His successful company generates nearly $200,000 per year in gross revenue. Mr. Fronek is married to a U.S. Citizen and has an infant daughter that depend on him for economical and emotional support; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, including Mr. Fronek’s substantial community support, ten-year crime free history, and his business and family ties. In light of the circumstances, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Ivo Fronek this Full and Unconditional Pardon for the express purpose of allowing him to remain in the United States and to take steps towards becoming a United States citizen.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 3rd day of January, A. D. two thousand and five.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL COMMUTATION

OF

CLYDE RAY SPENCER

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS. Clyde Ray Spencer served in the United States Air Force before joining the police department in Vancouver, Washington in 1979. In 1985, he was charged with 11 counts of statutory rape in the first degree of his two biological children and one stepchild. He entered an Alford plea, maintaining his innocence while acknowledging sufficient evidence existed to find him guilty. Given that the crimes for which he was convicted took place over a period of years, some of his convictions are pre-Sentencing Reform Act (SRA) and others are post-SRA. Specifically, he received an indeterminate sentence of two concurrent life sentences with parole for the two earliest convictions to run consecutive to a separate 171 month determinate sentence for the remaining nine counts; and

 

WHEREAS, there were a number of troubling aspects of the investigation. Clark County authorities withheld the fact that, despite the allegations of severe, repeated sexual abuse of the children, medical reports showed no sign of physical abuse. While the children recounted that Mr. Spencer had taken photographs of the abuse, no photos were ever found. Because Mr. Spencer was a City of Vancouver Police Officer, the Clark County Prosecutor submitted the case to King County Senior Deputy Prosecuting Attorney, Rebecca Roe, a renowned specialist in child sexual abuse cases. Ms. Roe noted significant problems with the case, including the interview techniques used with Mr. Spencer’s daughter and resulting inconsistencies in her testimony. Ms. Roe found it “disturbing that she’s inconsistent on whether it happened more than once.” While denying for eight months that anything had happened, Mr. Spencer’s son 9-year-old son began to say that his father abused him after being threatened with a polygraph; and

 

WHEREAS, another troubling fact in this case is that one of the lead detectives investigating Mr. Spencer’s case began having an affair with his wife, Shirley Spencer, during the investigation. After Mr. Spencer’s conviction, the detective left his own wife and moved in with Mr. Spencer’s wife. This detective was also the supervisor of the primary detective involved in interviewing the children; and

 

WHEREAS, Mr. Spencer completed his determinate sentence of 171 months in 1994 and continues to serve time for the remaining two life terms. Mr. Spencer appeared before the Indeterminate Sentencing Review Board (ISRB) in 1990, 1992, 1994, 1998 and 2001. At each hearing the Board determined that he was not paroleable because he has not received treatment based on his denial of guilt. He has now served more time than anyone convicted of the same crime under the Sentencing Reform Act; and

 

WHEREAS, James M. Peters, an Assistant United States Attorney in the District of Idaho, who was a Senior Deputy Prosecuting Attorney for the Clark County Prosecutor’s Office at the time that Mr. Spencer was prosecuted submitted a letter to the ISRB prior to a 1998 parole ability hearing discussing the life sentences. Specifically, “I submit that ‘life’ in Mr. Spencer’s case should be interpreted to mean the high end of whatever the applicable calculation would have been if all the offenses would have taken place under the Sentencing Reform Act. ... I believe that the combination of an equitable interpretation of the meaning of a ‘life’ sentence, coupled with mandatory sex offender treatment would achieve the goals of sentencing fairness and community safety”; and

 

WHEREAS, Mr. Spencer had no criminal history prior to his conviction. He has been an exemplary inmate without disciplinary problems. He has been constantly employed within the institution and taken every opportunity to further his education; and

 

WHEREAS, 56-year-old Mr. Spencer will have support upon his release. He is remarried to Norma Spencer, a registered nurse, who he has known for over 30 years; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby commute the remainder of the sentence imposed upon Clyde Ray Spencer to a term of community custody,

 

SUBJECT TO THE FOLLOWING CONDITIONS:

Mr. Spencer shall:

1.                                                                                                                         Serve 36 months of community placement after his release from confinement, reporting regularly to a Community Corrections Officer as directed by the Department of Corrections;

2.                                                                                                                         Pay a monthly supervision fee as directed by the Community Corrections Officer;

3.Notify the Department of Corrections prior to any changes of address or employment;

4.Remain in the geographic area as directed by the Community Corrections Officer;

5.Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

6.Not possess or use alcohol or possess or use any controlled substances without a prescription;

7.Submit to regular and random urinalysis and breathalyzer testing, as directed by the Community Corrections Officer;

8.Not patronize or frequent businesses or other areas where the sale of intoxicating beverages is a main source of funding;

9.Not have any contact with minors unless approved by the Community Corrections Officer and his certified therapist and unless there is a responsible guardian present at all times;

10.Participate in a sex offender evaluation as directed by the Community Corrections Officer, and follow-up on any recommendations from such evaluation;

11.Participate in weekly sex offender treatment with a certified therapist for a period no less than three years;

12.Submit to regular and random polygraph and plethysmograph examinations, as directed by the Community Corrections Officer and/or his certified therapist;

13.Participate in electronic monitoring, if deemed appropriate by the Community Corrections Officer;

14.Participate in any mental health evaluation as recommended by the Community Corrections Officer, and follow-up on any recommendations from such evaluation; and,

15.Comply with all conditions, recommendations, and instructions of community placement as directed by the Community Corrections Officer.

Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Mr. Spencer commits any offense classified as a felony or gross misdemeanor in the State of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without the benefit of sentence reduction credit, whereupon Mr. Spencer shall be immediately returned to the Washington Corrections Center or any such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 23rd day of December, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED


Secretary of State

 

CONDITIONAL COMMUTATION

OF

CHRISTINE SUSAN CUMMINGS

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, Christine “Susan” Cummings was sentenced on May 24, 1985 to life in prison without the possibility of parole for a crime that took place when she was 16 years old. The conviction was for the Aggravated First Degree Murder of Christine Zacharias, an elderly woman with whom Ms. Cummings was acquainted. The police believe the motive was burglary. The crime also allegedly involved Lillie Rowland, Joe Aguilar, Don Gesaman, and Kevin McNerney. While Ms. Cummings was not the person whose physical act caused Mrs. Zacharias’ death, she was convicted based on the theory of accomplice liability, in which a person is held just as culpable as the person who actually committed the crime; and

 

WHEREAS, the sentencing judge expressed dissatisfaction with his options noting that, “The defendant was a teenager. At least four other teenagers participated. One was given immunity. One made a plea bargain for Murder Second. Charges against the other two were dropped. The latter two probably did the actual killing. One has been convicted of a subsequent murder in another state. As compared to the codefendants and sentences of other murders, most of which are equally heinous, it can be concluded that the sentences are not proportionate and that someone is getting either too much or not enough;” and

 

WHEREAS, Ms. Cummings conviction was based primarily on the word of Lillie Rowland and Joe Aguilar, who provided questionable testimony. Ms. Rowland, who was 14 at the time of the crime, had a history of drug and alcohol abuse as well as mental illness. As a result of Ms. Rowland’s testimony against Ms. Cummings, Rowland’s attorney was able to secure complete immunity from prosecution. Clemency Board Member Smith expressed concern that, until 30 days prior to trial, attorneys from the same law firm represented both Ms. Cummings and Ms. Rowland. While one attorney negotiated an immunity agreement, one prepared for trial. The other witness, Mr. Aguilar, faced with a possible death sentence or an offer of a reduced sentence of 20 years for Second Degree Murder, also readily agreed to testify against Ms. Cummings; and

 

WHEREAS, both Ms. Rowland and Mr. Aguilars’ testimony was inconsistent and often did not match the evidence. On different occasions Mr. Aguilar changed his statements as to who was involved in the crime; at various points he stated that he was in the house, outside, or was never even there. As for Ms. Rowland, she claimed that the victim had her throat cut and she had been stabbed multiple times. In fact, Mrs. Zacharias’ throat was not cut, nor was she stabbed. Rowland even testified “with certainty” that someone who was incarcerated at the time of the crime was present. Both Mr. Aguilar and Ms. Rowland have since recanted their testimony. Mr. Aguilar later stated that the recantation was a lie and was convicted of Second Degree Perjury. Ms. Rowland stated that she could not recall testifying at Susan Cummings’ trial. Under these circumstances, the veracity of these witnesses and the reliability of the confessions are questionable; and

 

WHEREAS, a few months after she began serving her sentence, Ms. Cummings contacted the police and confessed to being in Ms. Zacharias’ home at the time of the murder. She was set to testify against Mr. Gessaman and Mr. McNerney, but then refused to do so as the time for trial approached, stating that she could not give false testimony. She would later reiterate that she was innocent of any crime, and claim that her confession was false. According to Ms. Cummings, she had been desperate to get out of prison because another inmate was abusing her. Professor Steven Drizin, a clinical professor of law at Northwestern University School of Law and an expert on false confessions, opines that Ms. Cumming’s confession “contains many of the indicia of unreliability that I have seen in hundreds of false confessions I have studied.” The confession was obtained at a time when Ms. Cummings was a teenager in an adult prison allegedly being abused by another inmate and coming to realize that she would spend the rest of her life in prison. Like Ms. Rowland and Mr. Aguilar who testified against her, she could have testified against Mr. Geseman and Mr. McNerney in exchange for leniency. While it was in her best interest to do so, Ms. Cummings eventually opted not to provide what she later said was false testimony, even if it meant spending the rest of her life in prison; and

 

WHEREAS, by refusing to testify against others in exchange for her freedom, Ms. Cummings was sent to prison without the possibility of ever being free. Nonetheless, she has shown herself to be an exemplary inmate, remaining infraction free since 1996 and demonstrating a penchant for helping others. She has spent her time improving the lives of the prison’s special needs population, volunteering with offenders who have Alzheimer’s and other mental disorders. She also works full time maintaining three gardens on prison grounds, is a teaching assistant for pottery and quilting classes, and acts a representative of fellow inmates. Forty-seven current and former employees at Washington Corrections Center for Women fully support her. Correctional Officer Sergeant Deloughery describes Susan as a “hard worker,” who “contributes to the stability of the institution population by setting a good example for other inmates to follow.” Other comments from officers include, “you don’t find inmates like this very often” and, Ms. Cummings’ “hard work and exceptional behavior has given me every reason to believe that if returned to society, she would be a plus to her community;” and

 

WHEREAS, it is clear that having spent 19 years in prison, Ms. Cummings has grown and matured within the system. In her own words, she states that, “I can’t say that prison has been such a bad experience for me because it has taught me to be normal. It’s taught me values and it’s taught me great things.” Clemency and Pardons Board members commended Ms. Cummings for the extraordinary work she has done while in prison and the relationships she has formed with the staff. Upon release Ms. Cummings has been offered work and housing at a nursery where she will be able to use her skills a master gardener; and

 

WHEREAS, I have reviewed all the pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances, I have determined that the best interest of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Christine Susan Cummings this Conditional Commutation of her sentence for the express purpose of allowing her to transition back into the community and become a productive citizen. By this order I hereby commute Ms. Cummings Life Without Parole sentence to a term of 20 years, effective May 24, 2005, subject to the following conditions:

Ms. Cummings shall:

1.                                                                                                                           Prior to release at the completion of her 20-year sentence, participate in a graduated transition program through Tacoma Pre-Release to begin as soon as the Department of Corrections can arrange for such a program;

2.                                                                                                                           Serve 24 months of community placement after her release from confinement, reporting regularly to a Community Corrections Officer as directed by the Department of Corrections;

3.                                                                                                                           Pay a monthly supervision fee as directed by the Community Corrections Officer;

4.                                                                                                                           Notify the Department of Corrections prior to any change of address or employment;

5.                                                                                                                           Remain in the geographic area as directed by the Community Corrections Officer;

6.                                                                                                                           Not commit any more crimes;

7.                                                                                                                           Not consume controlled substances except pursuant to lawfully issued prescriptions;

8.                                                                                                                           Not unlawfully possess controlled substances while in community custody;

9.                                                                                                                           Not associate with known drug users or drug dealers;

10.                                                                                                                         Submit to random and routine urinalysis and breathalyzer testing, as directed by the Community Corrections Officer; receive a chemical dependency assessment while on community placement;

11.                                                                                                                         Participate in any chemical dependency treatment as recommended by her Community Corrections Officer; 12 Participate in any mental health evaluation and/or treatment as recommended by her Community Corrections Officer;

13.                                                                                                                         Not have any direct or indirect contact with the victim’s family;

14.                                                                                                                         Not possess, receive, ship, or transfer any firearms, ammunition, or explosives;

15.                                                                                                                         Pay legal financial obligations as determined by the courts; and

16.                                                                                                                         Comply with all standard conditions, recommendations, and instructions of community placement as directed by the Community Corrections Officer.

Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Ms. Cummings commits any offense classified as a felony or gross misdemeanor in the state of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without benefit of sentence reduction credit, whereupon Ms. Cummings shall be immediately returned to full confinement as per the Department of Corrections. The Department of Corrections shall provide a written report to the Office of the Governor and the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 23rd day of December, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

 

FULL AND UNCONDITIONAL PARDON

OF

LEONELO MOISES MARTINEZ

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Leonelo Moise Martinez and his wife operated a brush cutting business growing salal. In December 1997, Mr. and Mrs. Martinez came upon some thieves illegally harvesting their salal. Mr. Martinez confiscated the stolen brush and told the thieves to leave. He then tried to contact the authorities with his cellular phone, but was unable to get reception while in the remote, timberland area where the salal was grown. After the trespassers left, Mr. and Mrs. Martinez waited in their car at the end of a dead end side road to see if there were additional thieves and to ascertain who was providing transportation for them. Suddenly, a van drove by the main road and made a U-turn, blocking their exit; and

 

WHEREAS, nearly a dozen individuals came out of the van, some of whom Mr. Martinez recognized from the earlier encounter. One individual walked towards the Martinez’ parked car. He demanded the confiscated brush but when he was refused, he began pounding on the vehicle’s door and yelling at Mrs. Martinez. He threatened to sexually assault her. Mrs. Martinez began screaming in fear. Mr. Martinez, fearing for his wife’s safety, drew his pistol hoping to scare away the man threatening his wife. He accidentally discharged the weapon and killed the man. Mr. Martinez subsequently pled guilty to the crime of Manslaughter in the First Degree and was sentenced to 102 months; and

 

WHEREAS, Mr. Martinez is described by family, friends and business associates as mild mannered, calm, and well tempered. He has significant support and ties to the Hispanic community, where he is seen as a hard-working man of integrity and honor. Before his incarceration, he supported his wife, a U.S. citizen with severe rheumatoid arthritis and a history of heart attacks, and his elderly parents who reside in Mexico; and

 

WHEREAS, while incarcerated, Mr. Martinez has been an exemplary inmate. He has remained infraction free and employed. One of his Department of Corrections supervisors sent a letter on his behalf noting that Mr. Martinez goes “above and beyond what is required to get the job done.” He has even been permitted to leave the institution unshackled as part of his employment; and

 

WHEREAS, Mr. Martinez is a legal permanent resident of the United States. However, as an alien convicted of an “aggravated felony” under the Immigration and Naturalization Act, he is subject to deportation to Mexico upon completion of his sentence in a few months, and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Leonelo Moise Martinez this Full and Unconditional Pardon, for the express purposes of allowing him to obtain a deportation waiver, lawfully remain in the United States, and eventually become a United States Citizen.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 7th day of December, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

JOSEPH M. MACKAY

 

To All to Whom These Presents Shall Come, Greetings:

WHEREAS, between 1988 – 1990, Joseph M. Mackay, then a teenager, committed the crime of Child Molestation in the First Degree. He sexually molested a neighbor girl, who was five or six years old. Due to the timing of the victim’s disclosure, Mr. MacKay was not charged until six years after the offenses occurred. Although he was about fourteen at the time the offenses took place, he was charged as an adult. He admitted having molested the girl and pled guilty to two counts. Mr. Mackay was sentenced in 1996 to 41 months suspended under the Special Sex offender Sentencing Alternative; and

 

WHEREAS, Mr. Mackay has taken responsibility for his actions and successfully completed sex offender treatment in 1997. At the conclusion of treatment, polygraph tests showed that Mr. Mackay had no arousal towards minor children. Mr. Mackay’s primary psychological clinician wholeheartedly supports Mr. Mackey’s pardon and states that Mr. Mackay, “represents no threat to the children or adults of the community, and probably has not presented a threat for several years;” and

 

WHEREAS. Mr. Mackay has attended courses at Pierce College and is a part-owner of an import/export company based in Tacoma; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Joseph M. Mackay this Conditional Pardon, SUBJECT TO THE CONDITION that Mr. Mackay shall not commit any more crimes.

The foregoing condition shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 2nd day of December, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

HECTOR LEAL

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in January 2003 Hector Leal pled guilty to two counts of vehicular assault and one count of hit and run with injury. The plea arose out of an incident in April 2002 where Mr. Leal drove his pickup truck into a restaurant. As a result, two victims suffered serious injury, and other patrons suffered minor injuries. Mr. Leal, who does not recall leaving the scene of the accident, was arrested several hours later in a heavily intoxicated stale; and

 

WHEREAS, Mr. Leal was sentenced to thirty-two months in prison for hit and run and twelve months for each of the two counts of vehicular assault. He received an exceptional sentence above the standard range because his offense involved multiple victims. After finishing his sentence, Mr. Leal was transferred to the custody of Immigration and Customs Enforcement and placed in removal proceedings. Mr. Leal, although a lawful permanent resident of the United States, is subject to deportation to Mexico based on his vehicular assault convictions, which are considered “aggravated felonies” under the Immigration and Nationality Act; and

 

WHEREAS, Mr. Leal has completed his sentence and has expressed remorse for his crimes. He has remained sober for over two years, recognizing that drinking has “never led to anything positive in my life.” Appreciating his culpability, Mr. Leal accepted his sentence, which was above the standard range, despite knowledge of the immigration consequences. He does not seek pardon for the crime of hit and run, which would not subject him to deportation, nor does he seek to remove his obligation to pay restitution; and

 

WHEREAS, while incarcerated, Mr. Leal also performed heating, ventilation, and air conditioning (HVAC) work for the Department of Corrections (DOC). His DOC supervisor indicated that he would not hesitate to hire him if he was in private enterprise, and that Mr. Leal “has the qualities one needs in an employee.” Additionally, Mr. Leal’s former employer, who he worked for prior to his incarceration, has agreed to guarantee his re-employment as an HVAC Installer. This will afford Mr. Leal the opportunity to make a good income to pay the substantial restitution ordered by the court. At the Clemency and Pardons Board hearing, Mr. Leal stated his commitment to make these restitution payments with every paycheck, even if it takes the rest of his life; and

 

WHEREAS, Mr. Leal has lived in the United States since he was four years old. He has four children and a fiancé who are United States citizens, and his parents are lawful residents of the United States. His family depends on him for financial and emotional support: and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Hector Leal this Full and Unconditional Pardon for two counts of vehicular assault for purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 3rd day of December, A. D. two thousand and four.

 

GARY LOCKE

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

STEVEN A. WOODRICH

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1998, Steven A. Woodrich pled guilty to the crimes of Unlawful Manufacturing of a Controlled Substance (methamphetamine) and Unlawful Possession of a Controlled Substance with Intent to Deliver (methamphetamine). At the time of his arrest, Mr. Woodrich had been a drug addict and alcoholic for some time. During this period, he made a lot of poor choices and caused his family a lot of pain; and

 

WHEREAS, Mr. Woodrich has served his sentence, paid all of the restitution ordered by the court, and has had no arrests or convictions since these crimes. However, as a result of his convictions, Mr. Woodrich has been denied several employment opportunities; and

 

WHEREAS, when Mr. Woodrich went to prison, he realized he was a drug addict and got into programming. He has completed a chemical dependency class and has been clean for over six years. Currently, he attends Alcoholics Anonymous (AA), Narcotics Anonymous (NA), and Cocaine Anonymous (CA), and has been asked by his church to start a new CA group there; and

 

WHEREAS, after his release from prison Mr. Woodrich received his GED and an AA degree in Computer Automation, Electronic Instrumentation, and Control Technology. While in school he was a student council representative and keynote speaker for the 2003 graduating class In support of his petition for clemency, Mr. Woodrich produced several letters of recommendation from numerous community supporters, including his counselor and several instructors at Bellingham Technical College; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Steven A. Woodrich this Conditional Pardon, SUBJECT TO THE FOLLOWING CONDITIONS:

1.Mr. Woodrich shall not receive, possess, own, ship or transport firearms. This Conditional Pardon does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.

2.Mr. Woodrich shall not commit any more crimes.

The foregoing conditions shall remain in force indefinitely. Upon breach of any of the foregoing conditions, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 3rd day of December, A. D. two thousand and four.

 

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

SOKHA SUN

 

To All to Whom These Presents Shall Come, Greetings:

 


WHEREAS, in December 2000, Sokha Sun was a passenger in a car that was stopped for speeding. When the police searched the car, they discovered a stolen gun in a backpack belonging to Mr. Sun. He pled guilty to Possession of a Stolen Firearm and was sentenced to one year and one day in prison along with restitution. His sentence was two days more than the one-year threshold that defines an “aggravated felony” under the Immigration and Nationality Act. As a result, an order of removal has been issued; and

 

WHEREAS, in 1975, Mr. Sun fled Cambodia during the genocidal regime of the Khmer Rouge. He was born in a refugee camp in Thailand and entered the United States as a refugee on July 24, 1979 at the age of two months. Mr. Sun has lived in Washington State as a legal permanent resident since that time. His parents, sisters and brother all reside in the United States as U.S. citizens or lawful permanent residents; and

 

WHEREAS, at the time of his sentencing, there was no possibility that he would be sent to Cambodia because there was no repatriation agreement with the Cambodian government. However, in 2002 all that changed when Cambodia agreed to accept deportees from the United States. If repatriated to Cambodia as a refugee and felon, Mr. Sun’s situation is uncertain at best; and

 

WHEREAS, Mr. Sun has had no further trouble with the law since the incident in 2000. He has indicated that he has learned his lesson and has no intention of possessing another firearm. He has paid the restitution ordered in full. He also has strong family and community support to help him steer clear of a path of gangs and violence. At his hearing before the Clemency and Pardons Board, he said, “My family is really involved and they went through all this stuff that I did. And I know I was wrong and I plan to change and start a better future”; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Sohka Sun this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver, lawfully remain in the United States, and eventually become a United States Citizen.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 29th day of November, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

SHEILA ARLEEN BETTS

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1991, Sheila Arleen Betts pled guilty to first degree theft for welfare fraud. At the time of the crime, Ms. Betts and her former husband were receiving public assistance. However, her former husband, who filled out and signed their monthly income reports, did not declare his true income, which resulted in an overpayment of food stamps. Ms. Betts claims she as unaware of her then husband’s actions, but because they were married at the time, she took joint responsibility for the crime; and

 

WHEREAS, Ms. Betts has completed the full 120 hours of community service, 24 months of supervision, and paid the $1,555.00 in restitution ordered. Ms. Betts has also earned her GED and since 1999 has been employed as a Police and Fire Dispatcher with Lewis County. Ms. Betts disclosed her conviction to her employer prior to being hired. By all accounts, Ms. Betts has been an exemplary employee. On many occasions she has been the lead dispatcher, and she has been chosen as “Dispatcher of the Month;” and

 

WHEREAS, in late 2003, Federal audit findings disqualified Ms. Betts from accessing the National Crime Inquiry Center (NCIC) database due to her felony conviction. As a result, her employment was terminated. Just prior to the Clemency and Pardons Board hearing where Ms. Belts’ petition was considered, the Regional Director of the Controller Terminal Officer’s Association was granted the discretion of affording Ms. Betts a waiver allowing access to the NCIC system. Accordingly, Ms. Betts was reinstated. However, Ms. Betts is relocating to Snohomish County and still desires a pardon to allow her to seek similar work in that jurisdiction, as well as to volunteer in her children’s schools; and

 

WHEREAS, the Lewis County Prosecutor strongly supports a pardon for Ms. Betts, stating, “it is our belief that a pardon has been earned, and should be granted.” In their recommendation to the Governor, the Clemency and Pardons Board emphasized Ms. Betts’ excellent work record and strong community support. They were also impressed with her honesty about the crime with her employer, and what she has done to improve her life; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Sheila Arleen Betts this Conditional Pardon, SUBJECT TO THE CONDITION that Ms. Betts shall not commit any more crimes.

The foregoing condition shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 17th day of November, A. D. two thousand and Four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

CAYCE ALLEN DITULLIO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1997 at the age of nineteen, Cayce Alien DiTullio pled guilty to second degree burglary after he broke into a tool box and stole some power tools from a construction site. After being confronted about the crime by police the next day, Mr. DiTullio took responsibility for his actions and cooperated fully with the investigation. During this period, Mr. DiTullio was experiencing a lot of anger over the circumstances of his parents’ separation; and

 

WHEREAS, Mr. DiTullio has carried out his sentence, paid restitution in full, and has since remained crime free. According to the testimony of Mr. DiTullio’s co-workers and family, it is clear that he has become a responsible individual. He is now married with three children and is employed by Sound Builders as a project manager and lead carpenter. Mr. DiTullio’s dream, however, is to help people by becoming a firefighter. Several members of his family are firefighters. However, without a pardon, Mr. DiTullio is unlikely to obtain such employment due to his felony conviction; and

 

WHEREAS, the Washington State Clemency and Pardons Board made a unanimous favorable recommendation for a pardon with one member remarking that, Mr. DiTullio will be a “tremendous resource for our community;” and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Cayce Alien DiTullio this Conditional Pardon, SUBJECT TO THE CONDITION that Mr. DiTullio shall not commit any more crimes.

The foregoing condition shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 17th day of November, A. D. two thousand and four.

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

JUAN M. PIMIENTA

 

To All to Whom These Presents Shall Come, Greetings:

 

 

WHEREAS, in 1998 Juan M. Pimienta pled guilty to fourth degree assault for domestic violence. He was sentenced to 365 days, with 363 days suspended after serving two days in jail. At the time of his plea, Mr. Pimienta was without counsel or an interpreter and was not advised of the immigration consequences of the plea. As a result of his conviction, Mr. Pimienta was placed in removal proceedings under the Immigration and Nationality Act; and

 

WHEREAS, although the Immigration Court has granted Mr. Pimienta a waiver from deportation, he is still in danger of deportation based upon this charge. That is, Mr. Pimienta may be recharged for the same offense under a different statute, that of “aggravated felony” for crimes of violence since the term of imprisonment was at least one year. This is despite the fact that the crime is a misdemeanor under Washington State law and 363 days of his sentence were suspended. If found guilty of an aggravated felony, Mr. Pimienta would have no relief from deportation; and

 

WHEREAS, Mr. Pimienta has completed his sentence, paid restitution in full, and completed a one-year domestic violence treatment program. In retrospect, Mr. Pimienta notes that the stress of caring for his severely disabled son and exhaustion from his many hours on the job led to the 1998 incident with his wife. Through treatment, he has learned coping mechanisms to deal with occasions when he is stressed or angry and there have been no further incidents; and

 

WHEREAS, Mr. Pimienta, a legal permanent resident of the United States, has resided in the United States for the past 18 years. As part owner and manager of two Mexican restaurants, he is a successful businessman. He is an active volunteer in his community, sponsoring youth athletic teams, and fundraising for other charitable causes. He is a loving father of three children. He seeks to become a United States citizen; and

 

WHEREAS, Mr. Pimienta’s wife, the victim of his action, supports a pardon for her husband. She notes that, “Our relationship is better and my husband and I need each other very much. My children love their father, and I cannot imagine our lives without him.” The Snohomish County Prosecuting Attorney also supports a pardon for Mr. Pimienta, noting that he is a successful and contributing member of his community; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and, in light of the circumstances, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Juan M. Pimienta this Full and Unconditional Pardon for the purpose of allowing him to remain in the United States and to take the steps towards becoming a United States citizen.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 17th day of November, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

ANTONIO RUIZ-HERREDIA

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, on September 16, 1999, Antonio Ruiz-Herredia was convicted of criminal assault for domestic violence. He was sentenced to 365 days, with 360 days suspended after serving five days in jail. Because Mr. Ruiz-Herredia received a 365-day sentence, as opposed to anything less than one year, Mr. Ruiz-Herredia was placed in removal proceedings under the Immigration and Nationality Act; and

 

WHEREAS, Mr. Ruiz-Herredia has denied the assault charge against him and his wife later recanted her testimony. At the Clemency and Pardons Board hearing, Mrs. Ruiz-Herredia stated she knew “... that my husband was not guilty of hitting me when I called the police on May 15, 1999... I was angry at my husband and wanted him punished, only because he had caused me to leave a party I was attending and return home.” Nonetheless, because Mr. Ruiz-Herredia had stipulated to the original police report, he was found guilty. He was not advised of the immigration consequences of his stipulation. Mr. Ruiz-Herredia’s attorney sought a one-day reduction in his sentence from the Tacoma Municipal Court, but the request was denied; and

 

WHEREAS, members of the Clemency and Pardons Board recognized Mr. Ruiz-Herredia’s significant ties to the United States both through family and employment. His wife and children are United States Citizens whom he supports by working for Schnitzer Steel. The Board also noted that Mr. Ruiz-Herredia has had no further trouble with the law since the isolated incident in 1999; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Antonio Ruiz-Herredia this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver, lawfully remain in the United States, and eventually become a United States Citizen.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 17th day of November, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

ROBERT WATSON

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1989, Mr. Watson pled guilty to the crime of first degree theft. At the time, Mr. Watson was an alcoholic and living on the streets when he asked a stranger for money. The stranger resisted, and Mr. Watson “strong-armed” the stranger and took between thirty and forty dollars. Mr. Watson was unarmed; and

 

WHEREAS, Mr. Watson has served his sentence, paid all of the restitution ordered by the court, and has had no arrests or convictions since 1989. He wrote the victim of his theft a letter of apology, which was accepted. In fact, the victim indicated that “if there is anything I can do to clear that crime off your record, then let me know;” and

 

WHEREAS, Mr. Watson has remained clean and sober for the past thirteen years. He regularly attends Alcoholics Anonymous (AA) meetings, and shares his story to support others who are recovering. In the mid-1990s, Mr. Watson provided hundreds of hours of volunteer service to incarcerated teenagers at the Benton-Franklin Juvenile Justice Center in Kennewick. As the Mason County Superior Court has noted, Mr. Watson is “a positive role model for others in the community;” and

 

WHEREAS, in 2002, the Mason County Superior Court restored Mr. Watson’s gun rights, but was statutorily prohibited from expunging his conviction from the public record. Unfortunately, when his probation officer moved to terminate his supervision in 1991, Mr. Watson was unaware that he needed to obtain a Certificate of Discharge and pay a ten dollar supervision fee to the Department of Corrections. Although the ten dollar fee has since been paid, without a pardon, Mr. Watson would have to wait another ten years before he can apply to have his record sealed; and


 

WHEREAS, Mr. Watson is now in a position for a possible promotion marketing agricultural products overseas. With required oversees travel, such a position would require a passport; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action.

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Robert Watson this Conditional Pardon, SUBJECT TO THE CONDITION that Mr. Watson shall not commit any more crimes.

The foregoing condition shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 17th day of November, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

ANTHONE HOWARD LIBNER

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 2003, Anthone H. Libner pled guilty to the crime of first degree theft committed against La Quinta Inn. Mr. Libner has since made arrangements for restitution in the amount of $2,248.54; and

 

WHEREAS, Mr. Libner is a Sergeant in the 81st Armored Brigade of the Washington Army National Guard. His unit was recently deployed to active duty in Iraq. His commanding officer indicates that Sergeant Libner is a good soldier with a positive record of performance; and

 

WHEREAS, Mr. Libner’s felony conviction prevents him from owning or possessing a firearm. While there is a process for reinstatement of firearms, it requires that the felon remain crime free for five years following conviction. According to the National Guard, but for this firearm possession restriction, Sergeant Libner would be deployed to Iraq. Mr. Libner’s commanding officer supports Sergeant Libner’s request for pardon and believes he will make a significant contribution to the success of our country’s military mission in Iraq; and

 

WHEREAS, there is no objection to a pardon by the King County Prosecutor, and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding the matter, the circumstances of the crime, and in light of the foregoing, I have determined that the best interests of justice and society will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Anthone H. Libner this Conditional Pardon, SUBJECT TO THE CONDITIONS that Mr. Libner makes full restitution as ordered by the court, is only authorized to possess firearms in connection with his military service, and shall not commit any more crimes.

The conditions of this Conditional Pardon shall remain in force indefinitely. Upon breach of any of these conditions, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 10th day of August, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

FOR

PETE ROBERT HARRISON

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, on August 9, 1977, Pete Robert Harrison entered Bob’s S & S Tires in Tacoma with the intent to burglarize the establishment. He was convicted of attempted burglary in the second-degree. He was sentenced to six months county jail with work release Monday through Friday. The court ordered Mr. Harrison to complete alcohol counseling, participate in Alcoholics Anonymous, pay restitution of $500.00 and maintain law abiding behavior. Mr. Harrison successfully fulfilled all of these obligations; and

 

WHEREAS, Mr. Harrison has demonstrated his rehabilitation and self-improvement through his educational accomplishments and community involvement. He earned an Associate Degree in Applied Science in 2001 and a Bachelor of Arts in 2003. In addition to these degrees, Mr. Harrison participated in numerous trainings, including “Pebbles in the Pond: Living with Chronic Neurobiological Disorders,” and Individualized Tailored Care. He continued his professional formation through several internships at the Center for Psychiatric Recovery & Rehabilitation Education and the Rose House in Tacoma. Mr. Harrison is a Registered Counselor for the Washington State Department of Health. Many community organizations, such as the Tacoma Coalition for Individuals with Disabilities, and the Homeless Coalition of Pierce County, benefit from Mr. Harrison’s volunteer work. Mr. Harrison began working at Armstrong Uniserve, Inc., a Washington State licensed home care service agency, in 2003. However, upon learning of Mr. Harrison’s conviction, Armstrong terminated his employment, as required by statute.

 

WHEREAS, RCW 43.43.842 requires that an agency that provides care and treatment to vulnerable adults shall ensure that any person having unsupervised access to a vulnerable adult shall not have been convicted of a crime relating to financial exploitation. Attempted burglary in the second-degree falls into this category, preventing Mr. Harrison from being employed as a caregiver. However, pursuant to RCW 43.43.830, a conviction record does not include a conviction for an offense that has been the subject of a pardon. Accordingly, Mr. Harrison has sought this pardon to pursue employment as a care giver.

 

WHEREAS, the Pierce County Prosecutor does not oppose Mr. Harrison’s pardon. Chief Criminal Deputy, Gerald Costello, notes that Mr. Harrison’s felony conviction is very old and that he has changed the course of his life. Mr. Costello believes that the conviction should not preclude him from working in such an important field; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

 

NOW, THEREFORE, I Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Pete Robert Harrison this Conditional Pardon SUBJECT TO THE CONDITION that Mr. Harrison shall not commit any more crimes.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 29th day of June, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

FULL AND UNCONDITIONAL PARDON

OF

JESUS GUTIERREZ-SOLORIO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, Jesus Gutierrez-Solorio, a lawful permanent resident of the United States, pled guilty in 1989 to the offense of indecent liberties, a class B felony and deportable offense under the Immigration and Nationality Act. The victim, a child, was Mr. Gutierrez-Solorio’s stepdaughter. The abuse took place over the course of five years. Mr. Gutierrez-Solorio received a sentence of 14 months suspended with 30 days of jail time and 24 months of community supervision and treatment. Though deportable, Mr. Gutierrez-Solorio was initially granted a Judicial Recommendation Against Deportation (JRAD) in 1989, allowing him to remain in the county; and

 

WHEREAS upon re-entry from a trip to Canada, Mr. Gutierrez-Solorio was detained at the border. The new Department of Homeland Security (DHS) no longer recognizes the JRAD and has instituted removal proceedings against him based on his 1989 conviction; and

 

WHEREAS, since completing his sentence, Mr. Gutierrez-Solorio has made remarkable life changes that have positively benefited himself, his family and his community. He has worked hard to change his life by turning to God and completing sex offender treatment. From 1989 to 1992, Mr. Gutierrez-Solorio participated an intensive four-year sexual treatment program with Northwest Treatment Associates. His treatment evaluation notes that by maintaining external and internal controls all these years he has a markedly lower probability of re-offense; and

 

WHEREAS, Mr. Gutierrez-Solorio has become a role model and leader within the Hispanic community. He has founded five churches and is the president of a regional church organization, Alianza Hispana Evangelica Noreste (A.H.E.N.). As president of A.H.E.N., Mr. Gutierrez-Solorio counsels pastors from sixty other churches in the Pacific Northwest. His role in the community has been to assist in leadership training, community development, and advocating on behalf of social issues facing the Hispanic community. The seventeen people who attended Mr. Gutierrez-Solorio’s clemency hearing are evidence of this strong community support. He has disclosed his criminal history to many in the hopes that hearing his story can serve as inspiration for others; and

 

WHEREAS, the victim has forgiven Mr. Gutierrez-Solorio and even trusts him with her own children. She testified that her stepfather has made a dramatic change in his life. She and her family were even willing to follow him to Mexico if he were deported; and

 

WHEREAS, the King County Prosecutor, Norm Maleng, does not oppose Mr. Gutierrez-Solorio’s pardon, observing that he has become a law abiding citizen and has a low risk of re-offense because of the support of his family and friends; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Jesus Gutierrez-Solorio this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver, lawfully remain in the United States, and eventually become a United States Citizen.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 7th day of June, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL COMMUTATION

OF

JAYSON LOREN EDWARD BUSH

 

To All To Whom These Presents Shall Come, Greetings:

 

WHEREAS, on September 22, 1996 Jayson Loren Edward Bush, then 17 and without any prior criminal history, was involved in a drive by shooting. Mr. Bush pled guilty to three counts of first degree assault. He was sentenced to 93 months on each count to be served consecutively for a total of 23 years and three months. His earned release date would be October 18, 2016; and

 

WHEREAS, prior to this incident, Mr. Bush, who is of Cape Verdean descent and is bi-racial, had reportedly been the victim of racial harassment at his high school. As a result of this harassment, Mr. Bush transferred to a different high school and began to carry a gun. The night of the shooting, Mr. Bush was picked up from work by two friends. While they were driving, a Mustang with three young men from Mr. Bush’s former high school pulled up along side the car and words were exchanged. The argument escalated as the cars entered a residential area. Mr. Bush and his friends temporarily lost sight of the Mustang, but later saw the driver and passengers getting out of the car. According to Mr. Bush, at that point, several of the men started shouting and running toward the vehicle that he was in. Mr. Bush reports that he then panicked and fired at the unoccupied Mustang and then fired into the air. While shooting, Mr. Bush hit one young man in the in the thigh, which required surgery; and

 

WHEREAS, while in prison, Mr. Bush has become a religious person, embracing Islam and working to change himself. He has completed his GED and is completing a correspondence course for a Bachelors Degree program in Islamic Studies and Arabic. He has also completed an Anger and Stress Management Course. Mr. Bush has a great deal of support in the community, including the National Association for the Advancement of Colored People; and

 

WHEREAS, the Clemency and Pardons Board was favorably impressed by the extent to which Mr. Bush has taken responsibility for his past actions and has turned his life around. The Board believes he has been adequately punished, has been rehabilitated, and that further incarceration would serve no purpose; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and the unanimous recommendation of the Clemency and Pardons Board, and in light of the foregoing, I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the state of Washington, grant to Jayson Loren Edward Bush this Conditional Commutation, commute the remainder of the sentence imposed to a term of community custody not to exceed the normal term imposed by the sentencing court (twenty-four months), SUBJECT TO THE FOLLOWING CONDITIONS:

Mr. Bush shall:

1.Report regularly to a community corrections officer as directed by the Department of Corrections;

2.Pay a monthly supervision fee as directed by the community corrections officer;

3.Notify the Department of Corrections prior to any changes of address or employment;

4.Remain in the geographic area as directed by the community corrections officer;

5.Not possess, receive, ship, or transport a firearm, ammunition, or explosives;

6.Not possess or use alcohol or possess or use any controlled substances without a prescription;

7.Submit to regular and random urinalysis and breathalyzer testing, as directed by the community corrections officer;

8.Participate in substance abuse evaluation as directed by the community corrections officer, and follow-up on any recommendations from such evaluation;

9.Participate in a chemical dependency evaluation as directed by the community corrections officer, and follow-up on any recommendations from such evaluation;

10. Participate in chemical dependency and substance abuse support groups, as directed by the community corrections officer;

11.Not associate with any drug users or dealers;

12.Participate in electronic monitoring, if deemed appropriate by the community corrections officer;

13.Participate in any mental health evaluation as recommended by the community corrections officer, and follow-up on any recommendations from such evaluation; and,

14.Comply with all standard conditions, recommendations, and instructions of community placement as directed by the community corrections officer and with all other applicable conditions imposed by the sentencing court.

Violation of any of the above conditions shall result in sanctions as deemed appropriate by the Department of Corrections. PROVIDED, that in the event Mr. Bush commits any offense classified as a felony or gross misdemeanor in the State of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without the benefit of sentence reduction credit, whereupon Mr. Bush shall be immediately returned to the Washington Corrections Center or any such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.

 

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this 28th day of May, A. D. two thousand and four.

 

GARY LOCKE,


Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

MARY F. CONRAN

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1996, at the age of 14, Mary F. Conran pled guilty to the crime of residential burglary. Ms. Conran removed a box of jewelry and credit cards from her parents’ home. At the time Ms. Conran was a rebellious girl, struggling with family problems, including her father’s mental illness. Ms. Conran sincerely regrets her crime. She has successfully completed her court-ordered supervision and community service; and

 

WHEREAS, Ms. Conran has graduated from Washington State University (WSU), with a 3.83 grade point average and received recognition as the outstanding senior in the Department of Anthropology. During college, Ms. Conran was a tutor and worked as a “Cougar Connector,” recruiting outstanding high school students to WSU; and

 

WHEREAS, last year Ms. Conran was accepted into the Anthropology PhD program at the University of Melbourne, Australia. However, due to her felony conviction she has encountered difficulty obtaining a student visa to study overseas. Recently, in order to serve her country and help fund, her education, Ms. Conran tried to join the U.S. Army Reserves. She again encountered difficulty due to her conviction; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and in light of the foregoing, I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Mary F. Conran this Conditional Pardon, SUBJECT TO THE CONDITION that Ms. Conran shall not commit any more crimes.

The condition of this Conditional Pardon shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 15th day of March, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 

CONDITIONAL PARDON

OF

ROBERT P. SABO

 

To All to Whom These Presents Shall Come, Greetings:

 

WHEREAS, in 1996, at the age of 25, Robert P. Sabo pled guilty to the crime of first degree-robbery. After several days of drinking, Mr. Sabo donned a ski mask and robbed his father’s gas station at gunpoint. At the time of his arrest, Mr. Sabo was leading a desperate life. He was unemployed, living out of his truck, and drinking heavily; and

 

WHEREAS, Mr. Sabo is truly remorseful for his crime. Due to good behavior, Mr. Sabo served 29 months of a 41-month sentence, and has had no further offenses since his arrest in 1996. Further, Mr. Sabo has maintained his sobriety for six years, attends Alcoholics Anonymous meetings regularly, and speaks at local treatment centers to encourage other recovering addicts. He has also restored his relationship with his family; and

 

WHEREAS, Mr. Sabo has worked has an emergency dispatcher for an ambulance service in Oregon for four years. According to his employer and colleagues, Mr. Sabo performs this critical job with care and professionalism. The Oregon Department of Public Safety Standards and Training recently notified Mr. Sabo’s employer that all dispatchers must be certified. However, due to his felony conviction, Mr. Sabo is ineligible for state certification and thus faces termination of employment; and

 

WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the circumstances of the crime, and in light of the foregoing, I have determined that the best interests of justice will be served by this action; and

 

NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Robert P. Sabo this Conditional Pardon, SUBJECT TO THE CONDITION that Mr. Sabo shall not commit any more crimes.

The condition of this Conditional Pardon shall remain in force indefinitely. Upon breach of the foregoing condition, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia on this 6th day of April, A. D. two thousand and four.

 

GARY LOCKE,

Governor of Washington

 

SEAL

 

BY THE GOVERNOR:

 

SAM REED

Secretary of State

 


                                                                                                                           At 7:16 p.m., on motion of Senator Eide, the 2005 Regular Session of the Fifty-ninth Legislature adjourned SINE DIE.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate