SIXTY SECOND LEGISLATURE - SECOND SPECIAL SESSION

 

 

FIRST DAY

 

 

House Chamber, Olympia, Wednesday, April 11, 2012

 


The House was called to order at 1:40 a.m. by the Speaker (Representative Moeller presiding).

 

STATE OF WASHINGTON

 

PROCLAMATION BY THE GOVERNOR

12-05

 

      WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2012 regular session on March 8, 2012, the 60th day of the session, and adjourned its 1st special session of 2012 on April 10, 2012, the 30th day of the special session; and

 

      WHEREAS, substantial progress has been made by the Legislature in its 1st special session of 2012 to address matters relating to the supplemental biennial operating and capital budgets, bills necessary to implement those budgets, and health care benefits for K-12 school employees; and

 

      WHEREAS, the Speaker of the House, House Minority Leader, Senate Majority Leader, and Senate Republican Leader agree that the Legislature can continue and complete its work in a one-day 2nd special session convened immediately following the adjournment of the l st special session; and

 

      WHEREAS, work remains to be done with respect to the supplemental biennial operating and capital budgets, bills necessary to implement those budgets, and health care benefits for K-12 school employees; and

 

      WHEREAS, the Speaker of the House, House Minority Leader, Senate Majority Leader, and Senate Republican Leader together with the Governor may agree upon additional matters that are necessary for the Legislature to address;

 

      NOW, THEREFORE, I, Christine 0. Gregoire, Governor ofthe state of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in Special Session in the Capitol at O_lympia on April 11, 2012 at 12:01  a.m. for one day for the purpose of enacting legislation as described above.

 

Signed and sealed with the official seal of the state of Washington this 11 th day of April, A.D. Two­

Thousand and Twelve at Olympia, Washington.

 

By: Christine O. Gregoire Governor

INTRODUCTION AND FIRST READING

 

      HOUSE CONCURRENT RESOLUTION NO. 4412, by Representatives Sullivan and Kretz

 

      Specifying the status of bills.

 

      The bill was read the second time.

 

      There being no objection, HOUSE CONCURRENT RESOLUTION NO. 4412 was read the first time, and under suspension of the rules were placed on second reading.

 

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

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4412, by Representatives Sullivan and Kretz

 

The resolution was read a second time.

 

There being no objection the second reading was considered the third and the resolution was placed on final passage.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be adoption of House Concurrent Resolution No. 4412

 

HOUSE CONCURRENT RESOLUTION NO. 4412 was adopted.

 

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

 

There being no objection, the Committee on Rules was relieved of HOUSE BILL NO. 2823 and the bill was placed on the second reading calendar.

 

There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the third reading calendar:

 

SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 2127

SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2565

HOUSE BILL NO. 2830

 

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

 

SECOND READING

 

      HOUSE BILL NO. 2823, by Representative Hunter

 

      Redirecting existing state revenues into the state general fund.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2823 was substituted for House Bill No. 2823 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2823 was read the second time.

 

With the consent of the house, amendment (1435) was withdrawn.

 

Representative Hunter moved the adoption of amendment (1439).

 

0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.135.045 and 2011 1st sp.s. c 50 s 950 are each amended to read as follows:

      The education construction fund is hereby created in the state treasury.

      (1) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction.  During the 2007-2009 fiscal biennium, funds may also be used for higher education facilities preservation and maintenance.  During the 2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer from the education construction fund to the state general fund such amounts as reflect the excess fund balance of the fund.

      (2) 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)) must result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and ((shall)) does not affect any subsequent fiscal period.

      (3) Funds for the student achievement program in RCW 28A.505.210 and 28A.505.220 ((shall)) must 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)) must be made on an equal per full-time equivalent student basis to each school district.

      (4) After July 1, 2010, the state treasurer ((shall)) must transfer one hundred two million dollars from the general fund to the education construction fund by June 30th of each year.  However, the transfers may not take place in the fiscal biennium ending June 30, 2015.

Sec. 2.  RCW 82.18.040 and 2011 1st sp.s. c 48 s 7034 are each amended to read as follows:

(1) Taxes collected under this chapter ((shall)) must be held in trust until paid to the state.  Except as otherwise provided in this subsection (1), taxes received by the state ((shall)) must be deposited in the public works assistance account created in RCW 43.155.050((:  PROVIDED, That during the fiscal year 2011)).  For the period beginning July 1, 2011, and ending June 30, 2015, taxes received by the state under this chapter must be deposited in the general fund for general purpose expenditures.  For fiscal years 2016, 2017, and 2018, one-half of the taxes received by the state under this chapter must be deposited in the general fund for general purpose expenditures and the remainder deposited in the public works assistance account.  Any person collecting the tax who appropriates or converts the tax collected ((shall be)) is guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due.  If a taxpayer fails to pay the tax imposed by this chapter to the person charged with collection of the tax and the person charged with collection fails to pay the tax to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the tax.

(2) The tax ((shall be)) is due from the taxpayer within twenty-five days from the date the taxpayer is billed by the person collecting the tax.

(3) The tax ((shall be)) is due from the person collecting the tax at the end of the tax period in which the tax is received from the taxpayer.  If the taxpayer remits only a portion of the total amount billed for taxes, consideration, and related charges, the amount remitted ((shall)) must be applied first to payment of the solid waste collection tax and this tax ((shall have)) has priority over all other claims to the amount remitted.

Sec. 3.  RCW 82.08.160 and 2011 1st sp.s. c 50 s 969 are each amended to read as follows:

      (1) On or before the twenty-fifth day of each month, all taxes collected under RCW 82.08.150 during the preceding month must be remitted to the state department of revenue, to be deposited with the state treasurer.  Except as provided in subsections (2) and (3) of this section, upon receipt of such moneys the state treasurer must credit sixty-five percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) and one hundred percent of the sums collected and remitted under RCW 82.08.150 (3) and (4) to the state general fund and thirty-five percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) to a fund which is hereby created to be known as the "liquor excise tax fund."

      (2) During the ((2011-2013)) 2012 fiscal ((biennium)) year, 66.19 percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) must be deposited in the state general fund and the remainder collected and remitted under RCW 82.08.150 (1) and (2) must be deposited in the liquor excise tax fund.

(3) During fiscal year 2013, all funds collected under RCW 82.08.150 (1), (2), (3), and (4) must be deposited into the state general fund.

Sec. 4.  RCW 82.08.170 and 2002 c 38 s 3 are each amended to read as follows:

      (1) Except as provided in subsection (4) of this section, during the months of January, April, July, and October of each year, the state treasurer ((shall)) must make the transfers required under subsections (2) and (3) of this section from the liquor excise tax fund and then the apportionment and distribution of all remaining moneys in the liquor excise tax fund to the counties, cities, and towns in the following proportions:  (a) Twenty percent of the moneys in the liquor excise tax fund ((shall)) must be divided among and distributed to the counties of the state in accordance with the provisions of RCW 66.08.200; and (b) eighty percent of the moneys in the liquor excise tax fund ((shall)) must be divided among and distributed to the cities and towns of the state in accordance with the provisions of RCW 66.08.210.

      (2) Each fiscal quarter and prior to making the twenty percent distribution to counties under subsection (1)(a) of this section, the treasurer shall transfer to the ((county research services account under RCW 43.110.050)) liquor revolving fund created in RCW 66.08.170 sufficient moneys to fund the allotments from any legislative appropriations ((from the county research services account)) for county research and services as provided under chapter 43.110 RCW.

(3) During the months of January, April, July, and October of each year, the state treasurer must transfer two million five hundred thousand dollars from the liquor excise tax fund to the state general fund.
      (4) During calendar year 2012, the October distribution under subsection (1) of this section and the July and October transfers under subsections (2) and (3) of this section must not be made.  During calendar year 2013, the January, April, and July distributions under subsection (1) of this section and transfers under subsections (2) and (3) of this section must not be made.

Sec. 5.  RCW 43.110.030 and 2010 c 271 s 701 are each amended to read as follows:

      (1) The department of commerce ((shall)) must contract for the provision of municipal research and services to cities, towns, and counties.  Contracts for municipal research and services ((shall)) must be made with state agencies, educational institutions, or private consulting firms, that in the judgment of the department are qualified to provide such research and services.  Contracts for staff support may be made with state agencies, educational institutions, or private consulting firms that in the judgment of the department are qualified to provide such support.

      (2) Municipal research and services ((shall)) consists of:

      (a) Studying and researching city, town, and county government and issues relating to city, town, and county government;

      (b) Acquiring, preparing, and distributing publications related to city, town, and county government and issues relating to city, town, and county government;

      (c) Providing educational conferences relating to city, town, and county government and issues relating to city, town, and county government; and

      (d) Furnishing legal, technical, consultative, and field services to cities, towns, and counties concerning planning, public health, utility services, fire protection, law enforcement, public works, and other issues relating to city, town, and county government.

      (3) Requests for legal services by county officials ((shall)) must be sent to the office of the county prosecuting attorney.  Responses by the department of commerce to county requests for legal services ((shall)) must be provided to the requesting official and the county prosecuting attorney.

      (4) The department of commerce ((shall)) must coordinate with the association of Washington cities and the Washington state association of counties in carrying out the activities in this section.  ((Services to cities and towns shall be based upon the moneys appropriated to the department from the city and town research services account under RCW 43.110.060.  Services to counties shall be based upon the moneys appropriated to the department from the county research services account under RCW 43.110.050.))

NEW SECTION.  Sec. 6.  The following acts or parts of acts are each repealed:

      (1) RCW 43.110.050 (County research services account) and 2002 c 38 s 1 & 1997 c 437 s 3; and

      (2) RCW 43.110.060 (City and town research services account) and 2010 c 271 s 702, 2002 c 38 s 4, & 2000 c 227 s 1.

NEW SECTION.  Sec. 7.  All moneys remaining in the county research services account and city and town research services account on July 1, 2012, must be deposited by the state treasurer into the general fund.

Sec. 8.  RCW 66.08.190 and 2011 1st sp.s. c 50 s 960 are each amended to read as follows:

      (1) ((Except for revenues generated by the 2003 surcharge of $0.42/liter on retail sales of spirits that must be distributed to the state general fund during the 2003-2005 biennium,)) Prior to making distributions described in subsection (2) of this section, amounts must be retained to support allotments under RCW 43.88.110 from any legislative appropriation for municipal research and services.  The legislative appropriation for such services must be in the amount specified under RCW 66.24.065.
      (2) When excess funds are distributed during the months of June, September, December, and March of each year, all moneys subject to distribution must be disbursed ((as follows:
      (a) Three-tenths of one percent to border areas under RCW 66.08.195; and
      (b) Except as provided in subsection (4) of this section, from the amount remaining after distribution under (a) of this subsection, (i) fifty percent to the general fund of the state, (ii) ten percent to the counties of the state, and (iii) forty percent to the incorporated cities and towns of the state.
      (2) During the months of June, September, December, and March of each year, prior to disbursing the distribution to incorporated cities and towns under subsection (1)(b) of this section, the treasurer must deduct from that distribution an amount that will fund that quarter's allotments under RCW 43.88.110 from any legislative appropriation from the city and town research services account.  The treasurer must deposit the amount deducted into the city and town research services account.
      (3) The governor may notify and direct the state treasurer to withhold the revenues to which the counties and cities are entitled under this section if the counties or cities are found to be in noncompliance pursuant to RCW 36.70A.340.
      (4) During the 2011-2013 fiscal biennium, from the amount remaining after distribution under subsection (1)(a) of this section, (a) 51.7 percent to the general fund of the state, (b) 9.7 percent to the counties of the state, and (c) 38.6 percent to the incorporated cities and towns of the state)) to border areas, counties, cities, and towns as provided in RCW 66.24.065.
      (3) The amount remaining after distributions under subsections (1) and (2) of this section must be deposited into the general fund.

Sec. 9.  RCW 66.08.196 and 2001 c 8 s 2 are each amended to read as follows:

(1) Distribution of funds to border areas under RCW 66.08.190 and 66.24.290 (1)(((a))) (c) and (4) ((shall be)) is as follows:

      (((1))) (a) Sixty-five percent of the funds ((shall)) must be distributed to border areas ratably based on border area traffic totals;

      (((2))) (b) Twenty-five percent of the funds ((shall)) must be distributed to border areas ratably based on border-related crime statistics; and

      (((3))) (c) Ten percent of the funds ((shall)) must be distributed to border areas ratably based upon border area per capita law enforcement spending.

(2) Distributions to an unincorporated area ((shall)) must be made to the county in which such an area is located and may only be spent on services provided to that area.

Sec. 10.  RCW 66.08.200 and 1979 c 151 s 167 are each amended to read as follows:

      With respect to the ((ten percent share coming)) distribution of funds to the counties, the computations for distribution ((shall)) must be made by the state agency responsible for collecting the same as follows:

(1) The share coming to each eligible county ((shall)) must be determined by a division among the eligible counties according to the relation which the population of the unincorporated area of such eligible county, as last determined by the office of financial management, bears to the population of the total combined unincorporated areas of all eligible counties, as determined by the office of financial management((:  PROVIDED, That)).  However, no county in which the sale of liquor is forbidden in the unincorporated area thereof as the result of an election ((shall be)) is entitled to share in such distribution.  "Unincorporated area" means all that portion of any county not included within the limits of incorporated cities and towns.

(2) When a special county census has been conducted for the purpose of determining the population base of a county's unincorporated area for use in the distribution of liquor funds, the census figure ((shall)) becomes effective for the purpose of distributing funds as of the official census date once the census results have been certified by the office of financial management and officially submitted to the office of the secretary of state.

Sec. 11.  RCW 66.08.210 and 1979 c 151 s 168 are each amended to read as follows:

(1) With respect to the ((forty percent share coming)) distribution of funds to the incorporated cities and towns under RCW 66.24.290(1)(c), the computations for distribution ((shall)) must be made by the state agency responsible for collecting the same as ((follows:)) provided in subsection (2) of this section.

(2) The share coming to each eligible city or town ((shall)) must be determined by a division among the eligible cities and towns within the state ratably on the basis of population as last determined by the office of financial management((:  AND PROVIDED, That)).  However, no city or town in which the sale of liquor is forbidden as the result of an election ((shall be)) is entitled to any share in such distribution.

Sec. 12.  RCW 43.63A.190 and 1995 c 159 s 5 are each amended to read as follows:

      Funds appropriated by the legislature as supplemental resources for border areas ((shall)) must be distributed by the state treasurer pursuant to the formula for distributing funds ((from the liquor revolving fund)) to border areas, and expenditure requirements for such distributions, under RCW 66.08.196.

NEW SECTION.  Sec. 13.  Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION.  Sec. 14.  Sections 1 and 3 through 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2012."

                Correct the title.

 

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

 

Amendment (1439) was adopted.

 

The bill was ordered engrossed.

 

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

 

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

 

      Representative Dunshee spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2823.

 

ROLL CALL

 

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2823, and the bill passed the House by the following vote: Yeas, 53; Nays, 45; Absent, 0; Excused, 0.

Voting yea: Representatives Alexander, Anderson, Billig, Blake, Carlyle, Clibborn, Cody, Crouse, Dammeier, DeBolt, Dickerson, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Hinkle, Hunter, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Kretz, Kristiansen, Lytton, Maxwell, Moeller, Morris, Moscoso, Nealey, Parker, Pedersen, Pettigrew, Pollet, Roberts, Ross, Santos, Seaquist, Sells, Shea, Springer, Stanford, Sullivan, Takko, Tharinger, Van De Wege, Walsh, Wilcox, Wylie and Mr. Speaker.

Voting nay: Representatives Ahern, Angel, Appleton, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Dahlquist, Darneille, Dunshee, Fagan, Haler, Hansen, Hargrove, Harris, Hasegawa, Hope, Hudgins, Hunt, Hurst, Klippert, Ladenburg, Liias, McCoy, McCune, Miloscia, Orcutt, Ormsby, Orwall, Overstreet, Pearson, Probst, Reykdal, Rivers, Rodne, Ryu, Schmick, Short, Smith, Taylor, Upthegrove, Warnick and Zeiger.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2823, having received the necessary constitutional majority, was declared passed.

 

THIRD READING

 

There being no objection, the rules were suspended, and SECOND ENGROSSED SECOND SUBSTITITE HOUSE BILL NO. 2565 was returned to second reading for the purpose of amendment.

 

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

 

SECOND READING

 

      SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2565, by House Committee on Ways & Means (originally sponsored by Representatives Kirby, Harris, Dammeier, Walsh, Orwall, Kelley, Moscoso and Zeiger)

 

      Providing for the operation of roll your own cigarette machines at retail establishments. Revised for 2nd Substitute: Concerning persons who operate a roll-your-own cigarette machine at retail establishments.

 

      The bill was read the second time.

 

Representative Hunter moved the adoption of amendment (1440).

 

0)On page 7, beginning on line 27, after "to" strike all material through "statute" on line 35 and insert "provide consumers with access to a commercial cigarette-making machine without providing a box or similar container that has a properly affixed stamp or stamps"

 

Representatives Hunter and Alexander spoke in favor of the adoption of the amendment.

 

Amendment (1440) was adopted.

 

The bill was ordered engrossed.

 

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

 

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

 

      Representative Condotta spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Third Engrossed Second Substitute House Bill No. 2565.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Third Engrossed Second Substitute House Bill No. 2565, and the bill passed the House by the following vote: Yeas, 66; Nays, 32; Absent, 0; Excused, 0.

      Voting yea: Representatives Alexander, Bailey, Billig, Blake, Carlyle, Clibborn, Cody, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Green, Haigh, Haler, Hansen, Harris, Hasegawa, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Ross, Ryu, Seaquist, Sells, Smith, Springer, Sullivan, Upthegrove, Van De Wege, Walsh, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Ahern, Anderson, Angel, Appleton, Armstrong, Asay, Buys, Chandler, Condotta, Crouse, Goodman, Hargrove, Hinkle, Kristiansen, McCune, Morris, Nealey, Orcutt, Overstreet, Parker, Pearson, Rodne, Santos, Schmick, Shea, Short, Stanford, Takko, Taylor, Tharinger, Warnick and Wilcox.

 

THIRD ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2565, having received the necessary constitutional majority, was declared passed.

 

STATEMENT FOR THE JOURNAL

 

I intended to vote NAY on Third Engrossed Second Substitute House Bill No. 2565.

Representative Blake, 19th District

 

THIRD READING

 

HOUSE BILL NO. 2830, by Representative Hunter.

 

Addressing language access providers.

 

The bill was read the third time.

 

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

 

      Representative Condotta spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 2830.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2830, and the bill passed the House by the following vote:  Yeas, 56; Nays, 42; Absent, 0; Excused, 0.

      Voting yea: Representatives Appleton, Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Goodman, Green, Haigh, Hansen, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Roberts, Ryu, Santos, Seaquist, Sells, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Wylie and Mr. Speaker.

      Voting nay: Representatives Ahern, Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Fagan, Haler, Hargrove, Harris, Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick, Wilcox and Zeiger.

 

HOUSE BILL NO. 2830, having received the necessary constitutional majority, was declared passed.

 

MESSAGES FROM THE SENATE

 

April 11, 2012

 

MR. SPEAKER:

 

The Senate has adopted HOUSE CONCURRENT RESOLUTION NO. 4412 and the same is herewith transmitted.

Brad Hendrickson, Deputy, Secretary

 

April 11, 2012

 

MR. SPEAKER:

 

The Senate has passed ENGROSSED SENATE BILL NO. 6635 and the same is herewith transmitted.

Thomas Hoemann, Secretary

 

April 11, 2012

 

MR. SPEAKER:

 

The Senate has passed ENGROSSED SENATE JOINT RESOLUTION NO. 8221 and the same is herewith transmitted.

Brad Hendrickson, Deputy, Secretary

 

 

INTRODUCTION AND FIRST READING

 

      ENGROSSED SENATE JOINT RESOLUTION NO. 8221, by Senators Parlette, Kilmer, Benton, Murray, Brown, King, Hewitt, Becker and Morton

 

      Amending the Constitution to include the recommendations of the commission on state debt.

 

      ENGROSSED SENATE BILL NO. 6635, by Senators Murray and Kline

 

      Improving revenue and budget sustainability by repealing, modifying, or revising tax preferences. (REVISED FOR ENGROSSED: Improving revenue and budget sustainability by repealing, modifying, or revising tax preference and license fees. )

 

There being no objection, ENGROSSED SENATE JOINT RESOLUTION NO. 8221 and ENGROSSED SENATE BILL NO. 6635 were read the first time, and under suspension of the rules, where placed on second reading.

 

THIRD READING

 

There being no objection, the rules were suspended, and SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 2127 was returned to second reading for the purpose of amendment.

 

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

 

SECOND READING

 

      SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 2127, by House Committee on Ways & Means (originally sponsored by Representative Hunter)

 

      Making 2011-2013 fiscal biennium supplemental operating appropriations.

 

      The bill was read the second time.

 

Representative Hunter moved the adoption of amendment (1441).

 

0)Strike everything after the enacting clause and insert the following:

"PART I
GENERAL GOVERNMENT

Sec. 101.  2011 2nd sp.s. c 9 s 101 (uncodified) is amended to read as follows:

FOR THE HOUSE OF REPRESENTATIVES

General Fund‑-State Appropriation (FY 2012) (($29,934,000))

      $29,734,000

General Fund‑-State Appropriation (FY 2013) (($30,465,000))

      $28,205,000

Motor Vehicle Account‑-State Appropriation (($1,316,000))

      $1,491,000

             TOTAL APPROPRIATION (($61,715,000))

      $59,430,000

 

The appropriations in this section are subject to the following conditions and limitations:  $50,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for a joint select committee on junior taxing districts, municipal corporations, and local government finance.  The joint select committee will be composed of two members from each caucus from the house and from the senate.  The joint select committee shall review junior taxing districts and municipal corporations for the purpose of evaluating their provided services and making recommendations on the appropriateness of consolidating services into a general purpose local government.  The joint select committee shall also examine new revenue options for local governments.  The joint select committee shall also review the impact of the passage of Initiative Measure No. 1183 on public safety needs, and provide a sustainable plan for the use and disbursement of excess liquor revenues.  In completing its review and recommendations, the joint select committee shall seek pertinent information and advice from:  (a) Organizations representing counties, cities, and junior taxing districts; (b) counties, cities, and junior taxing districts; (c) the department of revenue; and (d) the state auditor.

Sec. 102.  2011 2nd sp.s. c 9 s 102 (uncodified) is amended to read as follows:

FOR THE SENATE

General Fund‑-State Appropriation (FY 2012) (($21,770,000))

      $21,455,000

General Fund‑-State Appropriation (FY 2013) (($23,864,000))

      $21,791,000

Motor Vehicle Account‑-State Appropriation (($1,400,000))

      $1,421,000

             TOTAL APPROPRIATION (($47,034,000))

      $44,667,000

 

The appropriations in this section are subject to the following conditions and limitations:  $50,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for a joint select committee on junior taxing districts, municipal corporations, and local government finance.  The joint select committee will be composed of two members from each caucus from the house and from the senate.  The joint select committee shall review junior taxing districts and municipal corporations for the purpose of evaluating their provided services and making recommendations on the appropriateness of consolidating services into a general purpose local government.  The joint select committee shall also examine new revenue options for local governments.  The joint select committee shall also review the impact of the passage of Initiative Measure No. 1183 on public safety needs, and provide a sustainable plan for the use and disbursement of excess liquor revenues.  In completing its review and recommendations, the joint select committee shall seek pertinent information and advice from:  (a) Organizations representing counties, cities, and junior taxing districts; (b) counties, cities, and junior taxing districts; (c) the department of revenue; and (d) the state auditor.

Sec. 103.  2011 1st sp.s. c 50 s 103 (uncodified) is amended to read as follows:

FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE

General Fund--State Appropriation (FY 2012) (($2,680,000))

      $2,589,000

General Fund--State Appropriation (FY 2013) (($2,741,000))

      $2,531,000

Medical Aid Account--State Appropriation $85,000

Accident Account--State Appropriation $85,000

             TOTAL APPROPRIATION (($5,591,000))

      $5,290,000

 

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

      (1) Notwithstanding the provisions of this section, the joint legislative audit and review committee may adjust the due dates for projects included on the committee's 2011-13 work plan as necessary to efficiently manage workload.

      (2) Within the amounts appropriated in this section, the committee shall conduct a review of the state's workplace safety and health program.  The review shall examine workplace safety inspection, enforcement, training, and outreach efforts compared to other states and federal programs; analyze workplace injury and illness rates and trends in Washington; identify factors that may influence workplace safety and health; and identify practices that may improve workplace safety and health and/or impact insurance rates.

      (3) Within the amounts appropriated in this section, the committee shall conduct a review of marketing and vendor expenditures and incentive payment programs at the state lottery commission to identify cost savings and efficiencies to maximize contributions to beneficiaries under this act.  This review shall include examination of the following:

      (a) An analysis of marketing expenses and the impact on ticket sales; the impact to sales of tickets from the change in lottery beneficiaries; the competitive contracting processes for marketing services and vendors and comparison to other states; identification of  whether there are duplicative or unproductive marketing activities; and identification of whether savings may occur from changing vendors.

      (b) A description of how the employee incentive payment program at the state lottery commission operates, and comparison to best practices for outcome-based performance payments.

      (4) $85,000 of the medical aid account--state appropriation and $85,000 of the accident account--state appropriation are provided solely for the purposes of House Bill No. 2123 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

(5) The joint legislative audit and review committee shall review and provide an update on the extent to which the Puget Sound partnership's 2012 action agenda, state of the sound report, and other activities implement the recommendations of the joint legislative audit and review committee's 2011 audit entitled "Processes required to measure Puget Sound restoration are not yet in place."  The update must be provided to the relevant policy committees of the senate and house of representatives by January 1, 2013.
      (6) The joint legislative audit and review committee will assess the costs of the department of fish and wildlife to produce trout to achieve the department's desired freshwater stocking objectives and compare these costs to the costs of the alternatives for producing trout such as contracting for services.  As part of its assessment, the committee will consider the following:
      (a) The total costs to the department for producing trout at department trout production facilities, by category of trout production, to achieve the department's desired freshwater stocking objectives;
      (b) The availability of alternative approaches to trout production, including opportunities to contract with registered aquatic farmers, and the costs of these alternative approaches; and
      (c) A review of the experience of other states in contracting or other alternative approaches to trout production.
      (d) The committee will complete its assessment and report to the legislature by December 1, 2012.

Sec. 104.  2011 1st sp.s. c 50 s 104 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

General Fund--State Appropriation (FY 2012) (($2,027,000))

      $2,025,000

General Fund--State Appropriation (FY 2013) (($2,193,000))

      $1,720,000

             TOTAL APPROPRIATION (($4,220,000))

      $3,745,000

Sec. 105.  2011 1st sp.s. c 50 s 106 (uncodified) is amended to read as follows:

FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE

General Fund‑-State Appropriation (FY 2012) (($8,016,000))

      $8,013,000

General Fund‑-State Appropriation (FY 2013) (($7,911,000))

      $7,666,000

             TOTAL APPROPRIATION (($15,927,000))

      $15,679,000

Sec. 106.  2011 1st sp.s. c 50 s 105 (uncodified) is amended to read as follows:

FOR THE OFFICE OF THE STATE ACTUARY

((General Fund-State Appropriation (FY 2012) $24,000
General Fund-State Appropriation (FY 2013) $24,000))

Department of Retirement Systems Expense

      Account‑-State Appropriation (($3,344,000))

      $3,323,000

             ((TOTAL APPROPRIATION $3,392,000))

 

      The appropriations in this section are subject to the following conditions and limitations:  $75,000 of the department of retirement services account--state appropriation is for the state actuary to study the issue of merging the law enforcement officers' and fire fighters' retirement system plans 1 and 2 into a single retirement plan.  The department of retirement systems shall assist the state actuary by providing such information and advice as the state actuary requests, and the state actuary may contract for services as needed to conduct the study.  The results of the study shall be reported to the ways and means committees of the house of representatives and the senate by December 15, 2011.

      (1) Among the issues related to the merger of the law enforcement officers' and fire fighters' retirement system plans 1 and 2 into a single retirement plan that shall be examined:

      (a) Changes to the assets available to pay for the benefits of each plan before and after a merger based on a range of possible economic and demographic experience; and

      (b) Changes to the projected contributions that might be required of members, employers, and the state based on a range of possible economic and demographic experience and a variety of funding policies, including both continued application of current funding policy to the benefit obligations of each plan, and application of the law enforcement officers' and fire fighters' retirement system plan 2 funding policies to the combined benefits of both plans;

      (2) The state actuary shall solicit the input of the law enforcement officers' and fire fighters' retirement system plan 2 retirement board and organizations representing members and retirees of the law enforcement officers' and fire fighters' retirement system plan 1 on the issue of the merger of the two plans, and include representative submissions of the input of the organizations along with the report.

Sec. 107.  2011 2nd sp.s. c 9 s 103 (uncodified) is amended to read as follows:

FOR THE STATUTE LAW COMMITTEE

General Fund‑-State Appropriation (FY 2012) (($4,248,000))

      $4,245,000

General Fund‑-State Appropriation (FY 2013) (($4,689,000))

      $4,523,000

             TOTAL APPROPRIATION (($8,937,000))

      $8,768,000

Sec. 108.  2011 1st sp.s. c 50 s 108 (uncodified) is amended to read as follows:

FOR THE REDISTRICTING COMMISSION

General Fund‑-State Appropriation (FY 2012) $1,627,000

General Fund--State Appropriation (FY 2013) $154,000

             TOTAL APPROPRIATION $1,781,000

 

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

(1) $443,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the support of legislative redistricting efforts.  The commission shall enter into  an interagency agreement with the house of representatives and the senate for the expenditure of these funds.

(2) The entire general fund--state appropriation for fiscal year 2013 is provided solely for the payment of expenses associated with the cessation of the commission's operations.  The secretary of the senate and chief clerk of the house of representatives may jointly authorize the expenditure of these funds.

NEW SECTION.  Sec. 109.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE OFFICE OF LEGISLATIVE SUPPORT SERVICES

General Fund--State Appropriation (FY 2013) $3,016,000

NEW SECTION.  Sec. 110.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

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, statute law committee, office of legislative support services, and redistricting commission.

Sec. 111.  2011 2nd sp.s. c 9 s 104 (uncodified) is amended to read as follows:

FOR THE SUPREME COURT

General Fund‑-State Appropriation (FY 2012) (($6,724,000))

      $6,757,000

General Fund‑-State Appropriation (FY 2013) (($6,738,000))

      $6,561,000

             TOTAL APPROPRIATION (($13,462,000))

      $13,318,000

Sec. 112.  2011 2nd sp.s. c 9 s 105 (uncodified) is amended to read as follows:

FOR THE LAW LIBRARY

General Fund‑-State Appropriation (FY 2012) (($1,506,000))

      $1,504,000

((General Fund-State Appropriation (FY 2013) $1,466,000))

Judicial Information System Account--State
      Appropriation $1,500,000

             TOTAL APPROPRIATION (($2,972,000))

      $3,004,000
      The appropriations in this section are subject to the following conditions and limitations:  $50,000 of the judicial information system account--state appropriation is provided solely to evaluate the state law library and assess its operational structure to determine the most effective delivery model for providing library services.

Sec. 113.  2011 1st sp.s. c 50 s 112 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON JUDICIAL CONDUCT

General Fund‑-State Appropriation (FY 2012) (($1,057,000))

      $1,053,000

General Fund‑-State Appropriation (FY 2013) (($991,000))

      $975,000

             TOTAL APPROPRIATION (($2,048,000))

      $2,028,000

Sec. 114.  2011 2nd sp.s. c 9 s 106 (uncodified) is amended to read as follows:

FOR THE COURT OF APPEALS

General Fund‑-State Appropriation (FY 2012) (($15,285,000))

      $15,275,000

General Fund‑-State Appropriation (FY 2013) (($15,290,000))

      $15,168,000

             TOTAL APPROPRIATION (($30,575,000))

      $30,443,000

Sec. 115.  2011 2nd sp.s. c 9 s 107 (uncodified) is amended to read as follows:

FOR THE ADMINISTRATOR FOR THE COURTS

General Fund‑-State Appropriation (FY 2012) (($50,692,000))

      $50,725,000

General Fund‑-State Appropriation (FY 2013) (($50,235,000))

      $48,429,000

General Fund--Federal Appropriation $2,532,000

General Fund--Private/Local Appropriation $390,000

Judicial Information Systems Account‑-State

      Appropriation (($42,414,000))

      $42,362,000

Judicial Stabilization Trust Account--State

      Appropriation (($5,414,000))

      $5,954,000

             TOTAL APPROPRIATION (($151,677,000))

      $150,392,000

 

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

      (1) $1,800,000 of the general fund--state appropriation for fiscal year 2012 and (($1,800,000)) $1,399,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for school districts for 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 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.  This funding includes amounts school districts may expend on the cost of serving petitions filed under RCW 28A.225.030 by certified mail or by personal service or for the performance of service of process for any hearing associated with RCW 28A.225.030.

      (2)(a) $8,252,000 of the general fund--state appropriation for fiscal year 2012 and (($8,253,000)) $7,313,000 of the general fund-- state appropriation for fiscal year 2013 are provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions.  The 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.

      (b) Each fiscal year during the 2011-2013 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 and senate ways and means committees 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.

      (3) The distributions made under this subsection and distributions from the county criminal justice assistance account made pursuant to section 801 of this act constitute appropriate reimbursement for costs for any new programs or increased level of service for purposes of RCW 43.135.060.

      (4) $265,000 of the general fund--state appropriation for fiscal  year 2012 is provided solely for the office of public guardianship to provide guardianship services for low-income incapacitated persons.

      (5) $1,178,000 of the judicial information systems account--state appropriation is provided solely for replacing computer equipment at state courts and state judicial agencies.

      (6) No later than September 30, 2011, the judicial information systems committee shall provide a report to the legislature on the recommendations of the case management feasibility study, including plans for a replacement of the superior court management information system (SCOMIS) and plans for completing the data exchange core system component consistent with a complete data exchange standard.  No later than December 31, 2011, the judicial information systems committee shall provide a report to the legislature on the status of the data exchange, the procurement process for a SCOMIS replacement, and a case management system that is designed to meet the requirements approved by the superior courts and county clerks of all thirty-nine counties.  The legislature shall solicit input on both reports from judicial, legislative, and executive stakeholders.

      (7) In order to gather better data on juveniles in the criminal justice system, the administrative office of the courts shall modify the judgment and sentence form for juvenile and adult sentences to include one or more check boxes indicating whether (a) the adult superior court had original jurisdiction for a defendant who was younger than eighteen years of age at the time the case was filed; (b) the case was originally filed in juvenile court but transferred to adult superior court jurisdiction; or (c) the case was originally filed in adult superior court or transferred to adult superior court but then returned to the juvenile court.

(8) $540,000 of the judicial stabilization trust account--state appropriation is provided solely for the office of public guardianship to continue guardianship services for those low-income incapacitated persons who were receiving services on June 30, 2012.
      (9) The Washington association of juvenile court administrators and the juvenile rehabilitation administration, in consultation with the community juvenile accountability act advisory committee and the Washington state institute for public policy, shall analyze and review data elements available from the administrative office of the courts for possible integration into the evidence-based program quality assurance plans and processes.  The administrative office of the courts, the Washington association of juvenile court administrators, and the juvenile rehabilitation administration shall provide information necessary to complete the review and analysis.  The Washington association of juvenile court administrators and the juvenile rehabilitation administration shall report the findings of their review and analysis, as well as any recommendations, to the legislature by December 1, 2012.

Sec. 116.  2011 2nd sp.s. c 9 s 108 (uncodified) is amended to read as follows:

FOR THE OFFICE OF PUBLIC DEFENSE

General Fund‑-State Appropriation (FY 2012) (($25,030,000))

      $25,025,000

General Fund‑-State Appropriation (FY 2013) (($24,972,000))

      $29,138,000

Judicial Stabilization Trust Account--State

      Appropriation (($2,490,000))

      $4,368,000
       TOTAL APPROPRIATION (($52,492,000))

      $58,531,000

 

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

      (1) The amounts provided include funding for expert and investigative services in death penalty personal restraint petitions.

      (2) By December 1, 2011, the office of public defense shall submit to the appropriate policy and fiscal committees of the legislature a proposal for office of public defense to assume the effective and efficient administration of defense services for indigent persons throughout the state who are involved in proceedings under chapter 71.09 RCW.  In developing its proposal, the office of public defense should consult with interested stakeholders, including the King county public defender, the Washington defender association, the Washington association of criminal defense lawyers, the administrative office of the courts, the superior court judges association, the office of the attorney general, the King county prosecuting attorney, the Washington association of counties, and the department of social and health services.  At a minimum, the proposal should identify:

      (a) Procedures to control costs and require accountability, consistent with the state's obligation to ensure the right to counsel under both the United States Constitution and the Washington Constitution;

      (b) Appropriate practice standards for trial-level defense of indigent persons involved in proceedings under chapter 71.09 RCW, an estimated number of attorneys statewide who are qualified to provide such representation, and reasonable compensation for such defense services;

      (c) The total budget necessary to implement the proposal statewide for fiscal year 2013, including administrative support; and

      (d) Possible savings to the state and counties that might result from implementing the proposal.

(3) $6,065,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Substitute Senate Bill No. 6493 (sexual predator commitment).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 117.  2011 1st sp.s. c 50 s 115 (uncodified) is amended to read as follows:

FOR THE OFFICE OF CIVIL LEGAL AID

General Fund‑-State Appropriation (FY 2012) (($11,038,000))

      $11,037,000

General Fund‑-State Appropriation (FY 2013) (($11,048,000))

      $10,555,000

Judicial Stabilization Trust Account--State

      Appropriation (($1,093,000))

      $2,073,000

             TOTAL APPROPRIATION (($23,179,000))

      $23,665,000

 

      The appropriations in this section are subject to the following conditions and limitations:  An amount not to exceed $40,000 of the general fund--state appropriation for fiscal year 2012 and an amount  not to exceed $40,000 of the general fund--state appropriation for fiscal year 2013 may be used to provide telephonic legal advice and assistance to otherwise eligible persons who are sixty years of age or older on matters authorized by RCW 2.53.030(2) (a) through (k) regardless of household income or asset level.

Sec. 118.  2011 2nd sp.s. c 9 s 109 (uncodified) is amended to read as follows:

FOR THE OFFICE OF THE GOVERNOR

General Fund‑-State Appropriation (FY 2012) (($5,311,000))

      $5,102,000

General Fund‑-State Appropriation (FY 2013) (($5,292,000))

      $5,247,000

Economic Development Strategic Reserve Account--State

      Appropriation $1,500,000

             TOTAL APPROPRIATION (($12,103,000))

      $11,849,000

 

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

      (1) $1,500,000 of the economic development strategic reserve account appropriation is provided solely for efforts to assist with currently active industrial recruitment efforts that will bring new jobs to the state or will retain headquarter locations of major companies currently housed in the state.

      (2) (($547,000)) $540,000 of the general fund--state appropriation for fiscal year 2012 and (($547,000)) $526,000 of the general fund-- state appropriation for fiscal year 2013 are provided solely for the office of the education ombudsman.

Sec. 119.  2011 1st sp.s. c 50 s 117 (uncodified) is amended to read as follows:

FOR THE LIEUTENANT GOVERNOR

General Fund‑-State Appropriation (FY 2012) (($687,000))

      $650,000

General Fund‑-State Appropriation (FY 2013) (($698,000))

      $651,000

General Fund‑-Private/Local Appropriation $90,000

             TOTAL APPROPRIATION (($1,475,000))

      $1,391,000

Sec. 120.  2011 2nd sp.s. c 9 s 110 (uncodified) is amended to read as follows:

FOR THE PUBLIC DISCLOSURE COMMISSION

General Fund‑-State Appropriation (FY 2012) (($2,106,000))

      $2,019,000

General Fund‑-State Appropriation (FY 2013) (($2,129,000))

      $1,938,000

             TOTAL APPROPRIATION (($4,235,000))

      $3,957,000

 

      The appropriations in this section are subject to the following conditions and limitations:  $43,000 of the general fund--state appropriation for fiscal year 2012 and $82,000 of the general fund--  state appropriation for fiscal year 2013 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5021 (election campaign disclosure).

Sec. 121.  2011 2nd sp.s. c 9 s 111 (uncodified) is amended to read as follows:

FOR THE SECRETARY OF STATE

General Fund‑-State Appropriation (FY 2012) (($16,014,000))

      $16,047,000

General Fund‑-State Appropriation (FY 2013) (($12,862,000))

      $8,612,000

General Fund‑-Federal Appropriation (($7,338,000))

      $7,326,000

Public Records Efficiency, Preservation, and Access

      Account‑-State Appropriation (($7,950,000))

      $7,074,000

Charitable Organization Education Account--State

      Appropriation (($452,000))

      $362,000

Local Government Archives Account‑-State

      Appropriation (($10,557,000))

      $8,516,000

Election Account‑-Federal Appropriation (($17,288,000))

      $17,284,000

Washington State Heritage Center Account--State

      Appropriation (($1,028,000))

      $5,028,000

             TOTAL APPROPRIATION (($73,489,000))

      $70,249,000

 

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

      (1) $3,898,000 of the general fund‑-state appropriation for fiscal year 2012 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)(a) $1,847,000 of the general fund‑-state appropriation for fiscal year 2012 and $1,926,000 of the general fund‑-state appropriation for fiscal year 2013 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 2011-2013 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 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.

      (3) Any reductions to funding for the Washington talking book and Braille library may not exceed in proportion any reductions taken to the funding for the library as a whole.

Sec. 122.  2011 1st sp.s. c 50 s 120 (uncodified) is amended to read as follows:

FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS

General Fund‑-State Appropriation (FY 2012) (($259,000))

      $257,000

General Fund‑-State Appropriation (FY 2013) (($267,000))

      $260,000

             TOTAL APPROPRIATION (($526,000))

      $517,000

 

      The appropriations in this section are subject to the following conditions and limitations:  The office shall assist the department of enterprise services 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 enterprise services shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.

Sec. 123.  2011 2nd sp.s. c 9 s 112 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS

General Fund‑-State Appropriation (FY 2012) (($236,000))

      $234,000

General Fund‑-State Appropriation (FY 2013) (($219,000))

      $212,000

             TOTAL APPROPRIATION (($455,000))

      $446,000

Sec. 124.  2011 2nd sp.s. c 9 s 113 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER

State Treasurer's Service Account‑-State

      Appropriation (($14,994,000))

      $13,706,000

Sec. 125.  2011 2nd sp.s. c 9 s 114 (uncodified) is amended to read as follows:

FOR THE STATE AUDITOR

State Auditing Services Revolving Account‑-State

      Appropriation (($10,293,000))

      $9,209,000

Performance Audit of Government Account--State

      Appropriation $1,461,000

             TOTAL APPROPRIATION (($11,754,000))

      $10,670,000

 

      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) $1,461,000 of the performance audits of government account appropriation is 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) Within the amounts appropriated in this section, the state auditor shall continue to complete the annual audit of the state's comprehensive annual financial report and the annual federal single audit consistent with the auditing standards generally accepted in the United States and the standards applicable to financial audits contained in government auditing standards, issued by the comptroller general of the United States, and OMB circular A-133, audits of states, local governments, and nonprofit organizations.

Sec. 126.  2011 1st sp.s. c 50 s 124 (uncodified) is amended to read as follows:

FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS

General Fund‑-State Appropriation (FY 2012) (($158,000))

      $141,000

General Fund‑-State Appropriation (FY 2013) (($195,000))

      $186,000

             TOTAL APPROPRIATION (($353,000))

      $327,000

Sec. 127.  2011 2nd sp.s. c 9 s 115 (uncodified) is amended to read as follows:

FOR THE ATTORNEY GENERAL

General Fund‑-State Appropriation (FY 2012) $4,758,000

General Fund‑-State Appropriation (FY 2013) (($2,727,000))

      $7,690,000

General Fund‑-Federal Appropriation (($8,819,000))

      $10,015,000

New Motor Vehicle Arbitration Account‑-State

      Appropriation (($972,000))

      $968,000

Legal Services Revolving Account‑-State

      Appropriation (($206,617,000))

      $197,375,000

Tobacco Prevention and Control Account‑-State

      Appropriation $270,000

Medicaid Fraud Penalty Account--State Appropriation $1,129,000

             TOTAL APPROPRIATION (($224,163,000))

      $222,205,000

 

      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.  As part of its by agency report to the legislative fiscal committees and the office of financial management, the office of the attorney general shall include information detailing the agency's expenditures for its agency-wide overhead and a breakdown by division of division administration expenses.

      (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 ways and means.

      (3) The attorney general shall annually report to the fiscal committees of the legislature all new cy pres awards and settlements and all new accounts, disclosing their intended uses, balances, the nature of the claim or account, proposals, and intended timeframes for the expenditure of each amount.  The report shall be distributed electronically and posted on the attorney general's web site.  The report shall not be printed on paper or distributed physically.

      (4) The attorney general shall enter into an interagency agreement with the department of social and health services for expenditure of the state's proceeds from the cy pres settlement in State of Washington v. AstraZeneca (Seroquel) for the purposes set forth in sections 204 and 213 of this act.

      (5) $62,000 of the legal services revolving fund--state appropriation is provided solely to implement House Bill No. 1770 (state purchasing).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (6) $5,924,000 of the legal services revolving account--state appropriation is provided solely to implement House Bill No. 2123 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (7) The office of the attorney general is authorized to expend $2,100,000 from the Zyprexa and other cy pres awards towards consumer protection costs in accordance with uses authorized in the court orders.

      (8) $96,000 of the legal services revolving fund--state appropriation is provided solely to implement Senate Bill No. 5076 (financial institutions).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (9) $99,000 of the legal services revolving fund--state appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5769 (coal-fired generation).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (10) $416,000 of the legal services revolving fund--state appropriation is provided solely to implement Substitute Senate Bill No. 5801 (industrial insurance system).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (11) $31,000 of the legal services revolving fund--state appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 5021 (election campaign disclosure).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (12) The executive ethics board shall:  (a) Develop a statewide plan, with performance measures, to provide overall direction and accountability in all executive branch agencies and statewide elected offices; (b) coordinate and work with the commission on judicial conduct and the legislative ethics board; (c) assess and evaluate each agency's ethical culture through employee and stakeholder surveys, review Washington state quality award feedback reports, and publish an annual report on the results to the public; and (d) solicit outside evaluations, studies, and recommendations for improvements from academics, nonprofit organizations, the public disclosure commission, or other entities with expertise in ethics, integrity, and the public sector.

(13) $11,000 of the legal services revolving fund--state appropriation is provided solely to implement House Bill No. 2301 (boxing, martial arts, wrestling).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (14) $56,000 of the legal services revolving fund--state appropriation is provided solely to implement House Bill No. 2319 (affordable care act).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (15) $5,743,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the legal costs associated with the evaluation, filing, prosecution, response to petitions for release, and appeal of sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW.  Within the amount provided in this subsection, the attorney general may enter into an interagency agreement with a county prosecutor to perform prosecution services pursuant to chapter 71.09 RCW.
      (16) $94,000 of the legal services revolving fund--state appropriation is provided solely to implement Senate Bill No. 6103 (reflexology and massage therapy).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (17) $57,000 of the legal services revolving fund--state appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 6237 (medical assistants).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (18) If Engrossed Substitute Senate Bill No. 5978 (medicaid fraud) is not enacted by June 30, 2012, the amounts appropriated in this section from the medicaid fraud penalty account--state appropriation shall lapse and an additional $730,000 shall be appropriated from the general fund--state for fiscal year 2013 for fraud detection and prevention activities, recovery of improper payments, and for other medicaid fraud enforcement activities.
      (19) $56,000 of the legal services revolving fund--state appropriation is provided solely to implement House Bill No. 2592 (extended foster care).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (20) $65,000 of the legal services revolving fund--state appropriation is provided solely for implementation of Second Engrossed Substitute Senate Bill No. 6406 (state natural resources).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 128.  2011 2nd sp.s. c 9 s 116 (uncodified) is amended to read as follows:

FOR THE CASELOAD FORECAST COUNCIL

General Fund‑-State Appropriation (FY 2012) (($1,310,000))

      $1,277,000

General Fund‑-State Appropriation (FY 2013) (($1,309,000))

      $1,180,000

             TOTAL APPROPRIATION (($2,619,000))

      $2,457,000

 

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

      (1) The appropriations in this section include funding for activities transferred from the sentencing guidelines commission to the caseload forecast council pursuant to Engrossed Substitute Senate Bill No. 5891 (criminal justice cost savings).  Prior to the effective date of Engrossed Substitute Senate Bill No. 5891, the appropriations in  this section may be expended for the continued operations and expenses of the sentencing guidelines commission pursuant to the expenditure authority schedule produced by the office of financial management in accordance with chapter 43.88 RCW.

      (2) $57,000 of the general fund--state appropriation for fiscal year 2012 and $57,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of Senate Bill No. 5304 (college bound scholarship).

Sec. 129.  2011 2nd sp.s. c 9 s 117 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMERCE

General Fund‑-State Appropriation (FY 2012) (($57,261,000))

      $51,799,000

General Fund‑-State Appropriation (FY 2013) (($72,459,000))

      $72,839,000

General Fund‑-Federal Appropriation (($282,185,000))

      $340,184,000

General Fund‑-Private/Local Appropriation (($4,989,000))

      $5,036,000

Public Works Assistance Account‑-State

      Appropriation (($2,764,000))

      $2,733,000

Drinking Water Assistance Administrative

      Account‑-State Appropriation $437,000

Lead Paint Account‑-State Appropriation $65,000

Building Code Council Account‑-State Appropriation $13,000

Home Security Fund Account‑-State Appropriation (($16,652,000))

      $21,007,000

Affordable Housing for All Account‑-State

      Appropriation (($11,902,000))

      $11,899,000

County Research Services Account--State

      Appropriation (($1,081,000))

      $540,000

Financial Fraud and Identity Theft Crimes Investigation

      and Prosecution Account‑-State Appropriation $1,166,000

Low-Income Weatherization Assistance Account—State

      Appropriation (($5,778,000))

      $2,427,000

City and Town Research Services Account--State

      Appropriation (($5,166,000))

      $2,577,000

((Manufacturing Innovation and Modernization
      Account-State Appropriation $61,000))

Community and Economic Development Fee Account‑-State

      Appropriation (($6,488,000))

      $6,781,000

Washington Housing Trust Account‑-State

      Appropriation (($17,498,000))

      $17,444,000

Prostitution Prevention and Intervention Account--

      State Appropriation $86,000

Public Facility Construction Loan Revolving

      Account‑-State Appropriation (($755,000))

      $748,000

Washington Community Technology Opportunity Account--

      State Appropriation $713,000

Liquor Revolving Account--State Appropriation $2,802,000

             TOTAL APPROPRIATION (($487,519,000))

      $541,296,000

 

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

      (1) Repayments of outstanding mortgage and rental assistance program loans administered by the department under RCW 43.63A.640 shall be remitted to the department, including any current revolving account balances.  The department shall collect payments on outstanding loans, and deposit them into the state general fund.  Repayments of funds owed under the program shall be remitted to the department according to the terms included in the original loan agreements.

      (2) $500,000 of the general fund--state appropriation for fiscal year 2012 and $500,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant to resolution Washington to building statewide capacity for alternative dispute resolution centers and dispute resolution programs that guarantee that citizens have access to low-cost resolution as an alternative to litigation.

      (3) $306,000 of the general fund--state appropriation for fiscal year 2012 and $306,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant to the retired senior volunteer program.

      (4) The department shall administer its growth management act technical assistance so that smaller cities receive proportionately more assistance than larger cities or counties.

      (5) $1,800,000 of the home security fund--state appropriation is provided for transitional housing assistance or partial payments for rental assistance under the independent youth housing program.

      (6) $5,000,000 of the home security fund--state appropriation is for the operation, repair, and staffing of shelters in the homeless family shelter program.

      (7) $198,000 of the general fund--state appropriation for fiscal year 2012 and $198,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington new Americans program.

      (8) $2,949,000 of the general fund--state appropriation for fiscal year 2012 and $2,949,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for associate development organizations.

      (9) $127,000 of the general fund--federal appropriation is provided solely for implementation of Substitute House Bill No. 1886 (Ruckelshaus center process).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (10) Up to $200,000 of the general fund--private/local appropriation is for a grant to the Washington tourism alliance for the maintenance of the Washington state tourism web site www.experiencewa.com and its related sub-sites.  The department may transfer ownership of the web site and other tourism promotion assets and assign obligations to the Washington tourism alliance for purposes of tourism promotion throughout the state.  The alliance may use the assets only in a manner consistent with the purposes for which they were created.  Any revenue generated from these assets must be used by the alliance for the sole purposes of statewide Washington tourism promotion.  The legislature finds that the Washington tourism alliance, a not-for-profit, 501.c.6 organization established, funded, and governed by Washington tourism industry stakeholders to sustain destination tourism marketing across Washington, is an appropriate body to receive funding and assets from and assume obligations of the department for the purposes described in this section.

      (11) Within the appropriations in this section, specific funding is provided to implement Substitute Senate Bill No. 5741 (economic development commission).

      (12) $2,000,000 of the community and economic development fee account appropriation is provided solely for the department of commerce for services to homeless families through the Washington families fund.

      (13) (($260,000)) $234,000 of the general fund--state appropriation for fiscal year 2012 and (($259,000)) $233,000 of the general fund-- state appropriation for  fiscal year 2013 are provided solely for the Washington asset building coalitions.

      (14) $1,859,000 of the general fund--state appropriation for fiscal year 2012 and $1,859,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for innovative research teams, also known as entrepreneurial STARS, at higher education research institutions, and for entrepreneurs-in-residence programs at higher education research institutions and entrepreneurial assistance organizations.  Of these amounts no more than $50,000 in fiscal year 2012 and no more than $50,000 in fiscal year 2013 may be provided for the operation of entrepreneurs-in-residence programs at entrepreneurial assistance organizations external to higher education research institutions.

      (15) Up to $700,000 of the general fund--private/local appropriation is for pass-through grants to cities in central Puget Sound to plan for transfer of development rights receiving areas under the central Puget Sound regional transfer of development rights program.

      (16) $16,000 of the general fund--state appropriation for fiscal year 2012 is provided solely to implement section 503 of Substitute House Bill No. 1277 (licensed settings for vulnerable adults).  The long-term care ombudsman shall convene an adult family home quality assurance panel to review problems concerning the quality of care for residents in adult family homes.  If Substitute House Bill No. 1277 (licensed settings for vulnerable adults) is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (17) (($24,605,000)) $19,605,000 of the general fund--state appropriation for fiscal year 2012 and $39,527,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for establishment of the essential needs and housing support program created in Engrossed Substitute House Bill No. 2082 (essential needs and assistance program).  The department of commerce shall contract for these services with counties or community-based organizations involved in providing essential needs and housing supports to low-income persons who meet eligibility pursuant to Engrossed Substitute House Bill No. 2082.  The department shall limit the funding used for administration of the program to no more than five percent.  Counties and community  providers shall limit the funding used for administration of the program to no more than seven percent.

      (a) Of the amounts provided in this subsection, $4,000,000 is provided solely for essential needs to clients who meet the eligibility established in Engrossed Substitute House Bill No. 2082.  Counties and community-based organizations shall distribute basic essential products in a manner that prevents abuse.  To the greatest extent possible, the counties or community-based organizations shall leverage local or private funds, and volunteer support to acquire and distribute the basic essential products.

      (b) Of the amounts provided in this subsection, (($30,000,000)) $55,000,000 is provided solely for housing support services to individuals who are homeless or who may become homeless, and are eligible for services under this program pursuant to Engrossed Substitute House Bill No. 2082.

      (((c) Of the amounts provided in this subsection, $30,000,000 is provided solely as a contingency fund to provide housing support services for individuals who may become homeless and are otherwise eligible for this program pursuant to Engrossed Substitute House Bill No. 2082.))

(18) $4,380,000 of the home security fund--state appropriation is provided solely for the department to provide homeless housing services in accordance with Engrossed Substitute House Bill No. 2048 (housing assistance surcharges).  If Engrossed Substitute House Bill No. 2048 (housing assistance surcharges) is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.
      (19) $85,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the developmental disabilities council to contract for a family-to-family mentor program to provide information and support to families and guardians of persons who are transitioning out of residential habilitation centers.  To the maximum extent allowable under federal law, these funds shall be matched under medicaid through the department of social and health services and federal funds shall be transferred to the department for the purposes stated in this subsection.
      (20) $2,802,000 of the liquor revolving account--state appropriation is provided solely for the department to contract with the municipal research and services center of Washington.
      (21) $1,000,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for deposit in the shelter to housing project account, hereby created in the custody of the state treasurer as a nonappropriated account.  The department may expend funds from the account solely for a two-year pilot project to enable young adults to move from temporary emergency shelter housing to transitional and permanent housing throughout King county.  The pilot project will be administered under contract with the YMCA of greater Seattle in collaboration with the rising out of the shadows young adult shelter.  Funding may be used for case management, housing subsidy, transportation, shelter services, training and evaluation.  The pilot project and the shelter to housing project account expire December 31, 2014.
      (22) $12,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Engrossed Second Substitute Senate Bill No. 5292 (irrigation and port districts).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (23) $100,000 of the general fund--private/local appropriation is provided solely for the department to provide analysis and an advisory opinion on whether a proposed electric generation project or conservation resource qualifies to meet mandatory conservation targets in accordance with Substitute Senate Bill No. 6414 (review process/utilities).  The department is authorized to require an applicant to pay an application fee to cover the cost of reviewing the project and preparing an advisory opinion.  If Substitute Senate Bill No. 6414 (review process/utilities) is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 130.  2011 1st sp.s. c 50 s 128 (uncodified) is amended to read as follows:

FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL

General Fund‑-State Appropriation (FY 2012) (($674,000))

      $648,000

General Fund‑-State Appropriation (FY 2013) (($728,000))

      $789,000

Lottery Administrative Account--State Appropriation $50,000

             TOTAL APPROPRIATION (($1,452,000))

      $1,487,000

 

The appropriations in this section are subject to the following conditions and limitations:  $90,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Substitute Senate Bill No. 6636 (balanced budget).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 131.  2011 2nd sp.s. c 9 s 118 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT

General Fund‑-State Appropriation (FY 2012) (($18,627,000))

      $18,369,000

General Fund‑-State Appropriation (FY 2013) (($18,851,000))

      $18,584,000

General Fund‑-Federal Appropriation (($31,534,000))

      $31,530,000

General Fund‑-Private/Local Appropriation (($1,270,000))

      $1,370,000

Performance Audits of Government Account‑-State

      Appropriation (($25,000))

      $198,000

Economic Development Strategic Reserve Account--State

      Appropriation $280,000

Department of Personnel Services--State

      Appropriation (($7,827,000))

      $8,551,000

Data Processing Revolving Account--State

       Appropriation (($5,208,000))

      $5,910,000

Higher Education Personnel Services Account--State

      Appropriation $1,537,000

Aquatic Lands Enhancement Account--State Appropriation $100,000

             TOTAL APPROPRIATION (($85,259,000))

      $86,429,000

 

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

      (1) $1,210,000 of the general fund--state appropriation for fiscal year 2012 and $1,210,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementation of House Bill No. 1178 (regulatory assistance office).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (2) $150,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the office of financial management to contract with an independent consultant to evaluate and recommend the most cost-effective provision of services required to support the department of social and health services special commitment center on McNeil Island.  The evaluation shall include island operation services that include, but are not limited to:  (a) Marine transport of passengers and goods; (b) wastewater treatment; (c) fire protection and suppression; (d) electrical supply; (e) water supply; and (f) road maintenance.

      The office of financial management shall solicit the input of Pierce county, the department of corrections, and the department of social and health services in developing the request for proposal, evaluating applications, and directing the evaluation.  The consultant shall report to the governor and legislature by November 15, 2011.

      (3) $100,000 of the aquatic lands enhancement account--state appropriation is provided solely for the office of financial management to prepare a report to be used to initiate a comprehensive, long-range planning process for the future of McNeil Island during the 2013-2015 fiscal biennium.

      (a) The report on the initiation of the process must document:

      (i) Ownership issues, including consultation with the federal government about its current legal requirements associated with the island;

      (ii) Federal and state decision-making processes to change use or ownership;

      (iii) Tribal treaty interests;

      (iv) Fish and wildlife species and their habitats;

      (v) Land use and public safety needs;

      (vi) Recreational opportunities for the general public;

      (vii) Historic and archaeological resources; and

      (viii) Revenue from and necessary to support potential future uses of the island.

      (b) The report shall develop and recommend a comprehensive, long- range planning process for the future of the island and associated aquatic resources, addressing the items in (a) of this subsection.

      (c) The office of financial management may use its own staff and other public agency and tribal staff or contract for services, and may create a work group of knowledgeable agencies, organizations, and individuals to assist in preparing the report.

      (d) The office of financial management shall engage in broad consultation with interested parties, including, but not limited to:

      (i) Federal agencies with relevant responsibilities;

      (ii) Tribal governments;

      (iii) State agencies;

      (iv) Local governments and communities in the area, including the Anderson Island community, Steilacoom, and Pierce county; and

      (v) Interested private organizations and individuals.

      (e) The report must be submitted to the governor and appropriate committees of the legislature by October 1, 2012.

      (4) The appropriations in this section include funding for activities transferred from the sentencing guidelines commission to the office of financial management pursuant to Engrossed Substitute Senate Bill No. 5891 (criminal justice cost savings).  Prior to the effective date of Engrossed Substitute Senate Bill No. 5891, the appropriations in this section may be expended for the continued operations and expenses of the sentencing guidelines commission pursuant to the expenditure authority schedule produced by the office of financial management in accordance with chapter 43.88 RCW.

(5) $23,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the office of regulatory assistance to implement the following:
      (a) Coordination of an agency small business liaison team to assist small businesses with permitting and regulatory issues.  The small business liaison team, as part of the biennial report submitted by the office of regulatory assistance, must provide recommendations for improvements to inspection and compliance practices and ways to improve customer service for regulatory agencies.  The office must work with regulatory agencies to:  (i) Assure that additional violations or corrective actions that could have been discovered and noted in the original violation or correction notice are not subsequently added and to provide a single list of any violations discovered during the regulatory visit or inspection; (ii) provide notice about when the business may expect the results of a technical assistance or regulatory visit; (iii) provide information about how the business may provide anonymous feedback regarding a technical assistance or other regulatory visit; and (iv) provide information regarding the role of the agency's small business liaison as a neutral party within the agency, as well as contact information for the liaison.
      (b) In coordination with regulatory agencies, development of an anonymous customer service survey that regulated entities may complete after an inspection or a technical assistance visit under chapter 43.05 RCW, or a consultative visit under RCW 49.17.250.  The survey must include questions addressing the points in this subsection (b) but may be designed in a way that best serves the needs of the multiple agencies and customers that will be using the survey.  The survey must provide a way of identifying the agency that performed the inspection, and if possible within the resources allowed, provide a means of identifying the inspector who provided services.  Questions should address the following topics:
      (i) Whether staff were helpful, friendly, listened to the regulated party, used professional judgment, and communicated clearly;
      (ii) Whether the inspector viewed the customer as a partner, worked on a cooperative relationship, and worked on innovative solutions;
      (iii) Whether the inspector informed the customer why the customer received a site visit or inspection, described the site visit or inspection process, answered questions about the process, and explained regulatory requirements; and
      (iv) Whether the inspector was knowledgeable about the businesses operations and provided useful technical information.
      The survey must be available on the office web site.  The results of the surveys must be summarized, by agency, in a report and forwarded to the agency director, the governor, and the appropriate committees of the legislature.  Each agency shall receive a copy of all relevant survey information.  No identifying information may be included that would reveal the identity of the respondent.
      (6) $115,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for implementation of Engrossed Substitute House Bill No. 2483 (higher education coordination).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (7)(a) The office of financial management shall determine if cost savings can be achieved by the state through contracting for interpreter services more effectively.  The office of financial management must work with all state agencies that use interpreter services to determine:
      (i) How agencies currently procure interpreter services;
      (ii) To what degree brokers or foreign language agencies are used in the acquisition of interpreter services; and
      (iii) The cost of interpreter services as currently provided.
      (b) The office of financial management, in consultation with the department of enterprise services, must also examine approaches to procuring interpreter services, including using the department of enterprise services' master contract, limiting overhead costs associated with interpreter contracts, and direct scheduling of interpreters.  The report must include recommendations for the state to procure services in a more consistent and cost-effective manner.
      (c) The office of financial management, in consultation with the department of labor and industries, must determine the impact that any alternative approach to procuring interpreter services will have on medical providers.
      (d) The report must include:
      (i) Analysis of the current process for procuring interpreter services;
      (ii) Recommendations regarding options to make obtaining interpreter services more consistent and cost-effective; and
      (iii) Estimates for potential cost savings.
      (e) The office of financial management must report to the fiscal committees of the legislature by December 1, 2012.
      (8) $25,000 of the general fund--state appropriation for fiscal year 2012 and $225,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementation of House Bill No. 2824 (education funding).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 132.  2011 2nd sp.s. c 9 s 119 (uncodified) is amended to read as follows:

FOR THE OFFICE OF ADMINISTRATIVE HEARINGS

Administrative Hearings Revolving Account‑-State

      Appropriation (($34,043,000))

      $35,713,000

 

      The appropriation in this section is subject to the following conditions and limitations:  $769,000 of the administrative hearings revolving account--state appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 5921 (social services programs).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

Sec. 133.  2011 2nd sp.s. c 9 s 120 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE LOTTERY

Lottery Administrative Account‑-State

      Appropriation (($25,709,000))

      $24,664,000

Sec. 134.  2011 1st sp.s. c 50 s 132 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON HISPANIC AFFAIRS

General Fund‑-State Appropriation (FY 2012) (($246,000))

      $244,000

General Fund‑-State Appropriation (FY 2013) (($250,000))

      $244,000

             TOTAL APPROPRIATION (($496,000))

      $488,000

Sec. 135.  2011 1st sp.s. c 50 s 133 (uncodified) is amended to read as follows:

FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS

General Fund‑-State Appropriation (FY 2012) (($239,000))

      $237,000

General Fund‑-State Appropriation (FY 2013) (($238,000))

      $232,000

             TOTAL APPROPRIATION (($477,000))

      $469,000

Sec. 136.  2011 2nd sp.s. c 9 s 121 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS

Department of Retirement Systems Expense

      Account‑-State Appropriation (($47,049,000))

      $46,511,000

 

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $146,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs associated with implementation of House Bill No. 2070 (state and local government employees).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (2) $65,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs  associated with implementation of House Bill No. 1625 (plan 3 default investment option).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (3) $133,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs associated with implementation of Engrossed House Bill No. 1981 as amended (post-retirement employment).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (4) $15,000 of the department of retirement systems expense account--state appropriation is provided solely for the administrative costs associated with implementation of Substitute House Bill No. 2021 (plan 1 annual increase amounts).  If the bill is not enacted by June 30, 2011, the amount provided in this section shall lapse.

(5) $32,000 of the department of retirement systems-state appropriation is provided solely for the administrative costs associated with implementation of Engrossed Senate Bill No. 5159 (state patrol retirement system service credit).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 137.  2011 2nd sp.s. c 9 s 122 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF REVENUE

General Fund‑-State Appropriation (FY 2012) (($100,927,000))

      $100,691,000

General Fund‑-State Appropriation (FY 2013) (($100,801,000))

      $99,207,000

Timber Tax Distribution Account‑-State Appropriation (($5,940,000))

      $5,900,000

Waste Reduction/Recycling/Litter Control‑-State

      Appropriation $129,000

Waste Tire Removal Account‑-State Appropriation $2,000

State Toxics Control Account‑-State Appropriation $87,000

Oil Spill Prevention Account‑-State Appropriation $19,000

Master License Fund--State Appropriation (($14,012,000))

      $13,922,000

Vehicle License Fraud Account--State Appropriation $5,000

Performance Audits of Government Account--State

      Appropriation $3,188,000

             TOTAL APPROPRIATION (($225,110,000))

      $223,150,000

Sec. 138.  2011 1st sp.s. c 50 s 137 (uncodified) is amended to read as follows:

FOR THE BOARD OF TAX APPEALS

General Fund-‑State Appropriation (FY 2012) (($1,241,000))

      $1,189,000

General Fund‑-State Appropriation (FY 2013) (($1,219,000))

      $1,150,000

             TOTAL APPROPRIATION (($2,460,000))

      $2,339,000

Sec. 139.  2011 2nd sp.s. c 9 s 123 (uncodified) is amended to read as follows:

FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

OMWBE Enterprises Account‑-State Appropriation (($3,264,000))

      $3,654,000

Sec. 140.  2011 2nd sp.s. c 9 s 125 (uncodified) is amended to read as follows:

FOR THE INSURANCE COMMISSIONER

General Fund-State Appropriation (FY 2013) $650,000

General Fund‑-Federal Appropriation (($4,452,000))

      $4,450,000

Insurance Commissioners Regulatory Account‑-State

      Appropriation (($47,514,000))

      $47,987,000

             TOTAL APPROPRIATION (($51,966,000))

      $53,087,000

 

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

      (1) $75,000 of the insurance commissioner's regulatory account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5445 (health benefit exchange).

      (2) $42,000 of the insurance commissioner's regulatory account--state appropriation is provided solely for the implementation of Senate Bill No. 5213 (insurance statutes).

(3) $758,000 of the insurance commissioners regulatory account-- state appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 2319 (affordable care act).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (4) $650,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement House Bill No. 2829 or Senate Bill No. 5940 (public school employees' insurance benefits).  If neither bill is enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 141.  2011 1st sp.s. c 50 s 136 (uncodified) is amended to read as follows:

FOR THE STATE INVESTMENT BOARD

State Investment Board Expense Account‑-State

      Appropriation (($29,256,000))

      $29,075,000

Sec. 142.  2011 2nd sp.s. c 9 s 128 (uncodified) is amended to read as follows:

FOR THE LIQUOR CONTROL BOARD

Liquor Control Board Construction and Maintenance

      Account‑-State Appropriation (($10,081,000))

      $3,063,000

Liquor Revolving Account‑-State Appropriation (($176,238,000))

      $171,838,000

General Fund--Federal Appropriation (($120,000))

      $945,000
General Fund--Private/Local Appropriation $25,000

             TOTAL APPROPRIATION (($186,439,000))

      $175,871,000

 

The appropriations in this section are subject to the following conditions and limitations:
      (1) The legislature intends to facilitate the orderly transition of liquor services as required by Initiative Measure No. 1183.  For liquor control board employees that remain through June 15, 2012, a temporary opportunity to cash out sick leave is provided to assist the unique challenges to the liquor control board and its employees posed by this transition.
      (2) Within the amounts appropriated in this section from the liquor revolving account--state appropriation, liquor control board employees who:  (a) Occupy positions in the job classifications provided in subsection (3)(c) of this section that will be eliminated after the liquor control board ceases to distribute liquor; and (b) remain as liquor control board employees through June 15, 2012, and who separate from service due to lay off by October 1, 2012, may elect to receive remuneration for their entire sick leave balance at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave.
      (3) The following conditions apply to sick leave cash out under this subsection:
      (a) The rate of monetary compensation for the purposes of this subsection shall not be reduced by any temporary salary reduction;
      (b) Remuneration or benefits received under this subsection shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state;
      (c) The following job classifications are eligible:
      (i) Liquor store clerk;
      (ii) Retail assistant store manager 1;
      (iii) Retail assistant store manager 2;
      (iv) Retail store manager 3;
      (v) Retail store manager 4;
      (vi) Retail district manager;
      (vii) Retail operations manager;
      (viii) Director of retail services;
      (ix) Director of distribution center;
      (x) Director of purchasing;
      (xi) Director of business enterprise;
      (xii) Warehouse operator 1;
      (xiii) Warehouse operator 2;
      (xiv) Warehouse operator 3; and
      (xv) Warehouse operator 4; and
      (d) Should the legislature revoke any remuneration or benefits granted under this section, an affected employee shall not be entitled thereafter to receive such benefits as a matter of contractual right.

Sec. 143.  2011 2nd sp.s. c 9 s 129 (uncodified) is amended to read as follows:

FOR THE UTILITIES AND TRANSPORTATION COMMISSION

General Fund--Federal Appropriation $502,000

General Fund--Private/Local Appropriation (($11,175,000))

      $11,166,000

Public Service Revolving Account‑-State

      Appropriation (($30,992,000))

      $30,872,000

Pipeline Safety Account‑-State Appropriation (($3,201,000))

      $3,183,000

Pipeline Safety Account‑-Federal Appropriation (($2,848,000))

      $2,844,000

             TOTAL APPROPRIATION (($48,718,000))

      $48,567,000

 

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

      (1) In accordance with RCW 80.36.610(1), the utilities and transportation commission is authorized to establish federal telecommunications act services fees in fiscal year 2012 as necessary to meet the actual costs of conducting business and the appropriation levels in this section.

      (2) $15,000 of the pipeline safety account--state appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1634 (underground utilities).

      (3) $182,000 of the public service revolving account--state appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5769 (coal-fired generation).

      (4) $169,000 of the public service revolving account--state appropriation is provided solely for the implementation of Second Substitute Senate Bill No. 5034 (private infrastructure).

Sec. 144.  2011 2nd sp.s. c 9 s 130 (uncodified) is amended to read as follows:

FOR THE MILITARY DEPARTMENT

General Fund‑-State Appropriation (FY 2012) (($7,175,000))

      $7,116,000

General Fund‑-State Appropriation (FY 2013) (($7,175,000))

      $6,872,000

General Fund‑-Federal Appropriation (($159,181,000))

      $159,075,000

Enhanced 911 Account‑-State Appropriation (($46,556,000))

      $48,620,000

Disaster Response Account‑-State Appropriation (($17,933,000))

      $23,119,000

Disaster Response Account‑-Federal Appropriation (($66,266,000))

      $91,368,000

Military Department Rent and Lease Account‑-State

      Appropriation $615,000

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

      Appropriation (($2,165,000))

      $2,163,000

             TOTAL APPROPRIATION (($307,066,000))

      $338,948,000

 

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

      (1) $18,018,000 of the disaster response account‑-state appropriation and $66,266,000 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 to the office of financial management and the legislative fiscal committees on October 1st and February 1st of each year 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 2011-2013 biennium based on current revenue and expenditure patterns.

      (2) $75,000,000 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; and

      (b) The department shall submit an annual 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; and incremental changes from the previous estimate.

Sec. 145.  2011 2nd sp.s. c 9 s 131 (uncodified) is amended to read as follows:

FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

General Fund‑-State Appropriation (FY 2012) (($2,346,000))

      $2,104,000

General Fund‑-State Appropriation (FY 2013) (($2,400,000))

      $2,130,000

Higher Education Personnel Services Account--State

      Appropriation (($251,000))

      $276,000

Department of Personnel Service Account‑-State

      Appropriation (($3,309,000))

      $3,290,000

        TOTAL APPROPRIATION (($8,306,000))

      $7,800,000

Sec.146.  2011 2nd sp.s. c 9 s 126 (uncodified) is amended to read as follows:

FOR THE BOARD OF ACCOUNTANCY

Certified Public Accountants' Account‑-State

      Appropriation (($2,808,000))

      $2,642,000

Sec. 147.  2011 1st sp.s. c 50 s 142 (uncodified) is amended to read as follows:

FOR THE FORENSIC INVESTIGATION COUNCIL

Death Investigations Account--State Appropriation (($286,000))

      $490,000

 

      The appropriation in this section is subject to the following conditions and limitations:

(1) $250,000 of the death investigations 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.

(2) $210,000 of the death investigations account appropriation is provided solely for providing financial assistance to local jurisdictions in identifying human remains.

Sec. 148.  2011 2nd sp.s. c 9 s 127 (uncodified) is amended to read as follows:

FOR THE HORSE RACING COMMISSION

Horse Racing Commission Operating Account‑-State

      Appropriation (($4,007,000))

      $3,923,000

Sec. 149.  2011 2nd sp.s. c 9 s 132 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ENTERPRISE SERVICES

General Fund--State Appropriation (FY 2012) (($3,501,000))

      $3,401,000

General Fund--State Appropriation (FY 2013) (($3,495,000))

      $3,309,000

General Fund--Federal Appropriation $177,000

General Fund--Private/Local Appropriation $368,000

Building Code Council Account--State Appropriation (($1,187,000))

      $1,186,000

Department of Personnel Service Account--State

      Appropriation (($11,119,000))

      $11,117,000

Enterprise Services Account--State Appropriation (($26,540,000))

      $26,336,000

             TOTAL APPROPRIATION (($46,387,000))

      $45,894,000

 

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

      (1) The appropriations in this section are for the operations and expenses of the department of enterprise services as established by Engrossed Substitute Senate Bill No. 5931 (central service functions of state government), effective October 1, 2011.  Prior to October 1, 2011, the appropriations in this section may be expended for the continued operations and expenses of the office of financial management, the department of general administration, the department of information services, and the department of personnel, pursuant to the expenditure authority schedules produced by the office of financial management, in accordance with chapter 43.88 RCW.

      (2) (($3,090,000)) $3,028,000 of the general fund--state appropriation for fiscal year 2012 and (($3,090,000)) $2,967,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the payment of facilities and services charges, utilities and contracts charges, public and historic facilities charges, and capital projects surcharges allocable to the  senate, house of representatives, statute law committee, and joint legislative systems committee.  The department shall allocate charges attributable to these agencies among the affected revolving funds.  The department shall maintain an interagency agreement with these agencies to establish performance standards, prioritization of preservation and capital improvement projects, and quality assurance provisions for the delivery of services under this subsection.  The legislative agencies named in this subsection shall continue to enjoy all of the same rights of occupancy and space use on the capitol campus as historically established.

      (3) In accordance with RCW 46.08.172 and 43.135.055, the department is authorized to increase parking fees in fiscal years 2012 and 2013 as necessary to meet the actual costs of conducting business.

      (4) The building code council account appropriation is provided solely for the operation of the state building code council as required by statute and modified by the standards established by executive order 10-06.  The council shall not consider any proposed code amendment or take any other action not authorized by statute or in compliance with the standards established in executive order 10-06.  No member of the council may receive compensation, per diem, or reimbursement for activities other than physical attendance at those meetings of the state building code council or the council's designated committees, at which the opportunity for public comment is provided generally and on all agenda items upon which the council proposes to take action.

      (5) Specific funding is provided for the purposes of section 3 of House Bill No. 1770 (state purchasing).

      (6) The amounts appropriated in this section are for implementation of Senate Bill No. 5931 (streamlining central service functions).

(7) The department of enterprise services shall purchase flags needed for ceremonial occasions on the capitol campus in order to fully represent the countries that have an international consulate in Washington state.
      (8) Before any agency may purchase a passenger motor vehicle as defined in RCW 43.19.560, the agency must have written approval from the director of the department of enterprise services.
      (9) The department shall adjust billings for self-insurance premiums to transportation agencies to reflect rate reductions assumed in this act.

Sec. 150.  2011 1st sp.s. c 50 s 147 (uncodified) is amended to read as follows:

FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS

Volunteer Firefighters' and Reserve Officers'

      Administrative Account--State Appropriation (($1,064,000))

      $1,039,000

Sec. 151.  2011 1st sp.s. c 50 s 151 (uncodified) is amended to read as follows:

FOR INNOVATE WASHINGTON

General Fund--State Appropriation (FY 2012) (($2,999,000))

      $2,879,000

General Fund--State Appropriation (FY 2013) (($3,011,000))

      $2,755,000

             TOTAL APPROPRIATION (($6,010,000))

      $5,634,000

 

The appropriations in this section are subject to the following conditions and limitations:  $65,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of Substitute Senate Bill No. 5982 (aerospace technology innovation).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 152.  2011 1st sp.s. c 50 s 149 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Washington State Heritage Center Account--State

      Appropriation (($2,517,000))

      $2,487,000

General Fund--Federal Appropriation (($1,908,000))

      $1,904,000

General Fund--Private/Local Appropriation $14,000

             TOTAL APPROPRIATION (($4,439,000))

      $4,405,000

(End of part)

PART II
HUMAN SERVICES

Sec. 201.  2011 2nd sp.s. c 9 s 201 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      (1) 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.  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 health care authority and the department are 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)) the Washington medicaid integration partnership (WMIP) and the medicare integrated care project (MICP), the health care authority and the department may combine and transfer such medicaid funds appropriated under sections 204, 206, 208, and 213 of this act as  may be necessary to finance a unified health care plan for the WMIP and the MICP program enrollment.  The WMIP pilot projects shall not exceed a daily enrollment of 6,000 persons, nor expand beyond one county during the 2011-2013 fiscal biennium.  The amount of funding assigned 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, times the number of clients enrolled.  In implementing the WMIP and the MICP, the health care authority and the department may:  (((a))) (i) Withhold from calculations of "available resources" as set forth in RCW 71.24.025 a sum equal to the capitated rate for enrolled individuals; and (((b))) (ii) 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 health care authority and the department shall conduct an evaluation of the WMIP((,)) by October 15, 2012, and of the MICP measuring changes in participant health outcomes, changes in patterns of service utilization, participant satisfaction, participant access to services, and the state fiscal impact.

(b) Effective January 1, 2013, if Washington has been selected to participate in phase two of the federal demonstration project for persons dually-eligible for both medicare and medicaid, the department and the authority may initiate the MICP.  Participation in the project shall be limited to persons who are eligible for both medicare and medicaid and to counties in which the county legislative authority has agreed to the terms and conditions under which it will operate.  The purpose of the project shall be to demonstrate and evaluate ways to improve care while reducing state expenditures for persons enrolled both in medicare and medicaid.  To that end, prior to initiating the project, the department and the authority shall assure that state expenditures shall be no greater on either a per person or total basis than the state would otherwise incur.  Individuals who are solely eligible for medicaid may also participate if their participation is agreed to by the health care authority, the department, and the county legislative authority.

      (4) The legislature finds that medicaid payment rates, as calculated by the department pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area.  The legislature finds that cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.

      (5) The department shall to the maximum extent practicable use the same system for delivery of spoken-language interpreter services for  social services appointments as the one established for medical appointments in section 213 of this act.  When contracting directly with an individual to deliver spoken language interpreter services, the department shall only contract with language access providers who are working at a location in the state and who are state-certified or state-authorized, except that when such a provider is not available, the department may use a language access provider who meets other certifications or standards deemed to meet state standards, including interpreters in other states.

(6)(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, 2012, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2012 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 (b) of this subsection.
      (b) To the extent that transfers under (a) of this subsection are insufficient to fund actual expenditures in excess of fiscal year 2012 caseload forecasts and utilization assumptions in the long-term care, foster care, adoptions support, medicaid personal care, and child support programs, the department may transfer state moneys that are provided solely for a specified purpose.  The department shall not transfer funds, and the director of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds.  The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing seven days prior to approving any allotment modifications or transfers under this subsection.  The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.

Sec. 202.  2011 2nd sp.s. c 9 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 2012) (($295,011,000))

      $287,014,000

General Fund‑-State Appropriation (FY 2013) (($294,232,000))

      $285,018,000

General Fund‑-Federal Appropriation (($487,912,000))

      $479,315,000

General Fund‑-Private/Local Appropriation (($1,358,000))

      $1,354,000

Home Security Fund--State Appropriation $10,741,000

Domestic Violence Prevention Account--State

      Appropriation (($1,154,000))

      $1,240,000

Education Legacy Trust Account--State Appropriation $725,000

             TOTAL APPROPRIATION (($1,091,133,000))

      $1,065,407,000

 

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

      (1) 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.

      (2) $668,000 of the general fund--state appropriation for fiscal year 2012 and $668,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to contract for the operation of one pediatric interim care center.  The center shall provide residential care for up to thirteen children through two years of age.  Seventy-five percent of the children served by the center must be in need of special care as a result of substance abuse by their mothers.  The center shall also provide on-site training to biological, adoptive, or foster parents.  The center shall provide at least three months of consultation and support to the parents accepting placement of children  from the center.  The center may recruit new and current foster and adoptive parents for infants served by the center.  The department shall not require case management as a condition of the contract.  The department shall collaborate with the pediatric interim care center to determine if and how the center could be appropriately incorporated into the performance-based contract model and report its findings to the legislature by December 1, 2012.

      (3)(a) (($85,202,000)) $80,887,000 of the general fund--state appropriation for fiscal year 2012, (($85,408,000)) $81,067,000 of the general fund--state appropriation for fiscal year 2013, and (($79,279,000)) $74,800,000 of the general fund--federal appropriation are provided solely for services for children and families ((subject to RCW 74.13.360 and House Bill No. 2122 (child welfare).  Prior to approval of contract services pursuant to RCW 74.13.360 and House Bill No. 2122,)).  The amounts provided in this section shall be allotted on a monthly basis and expenditures shall not exceed allotments based on a three month rolling average without approval of the office of financial management following notification to the legislative fiscal committees.

      (b) The department shall use ((performance-based contracts to provide)) these services to safely reduce the number of children in out-of-home care, safely reduce the time spent in out-of-home care prior to achieving permanency, and safely reduce the number of children returning to out-of-home care following permanency.  The department shall provide an initial report to the legislature and the governor by January 15, 2012, regarding the start-up costs associated with performance-based contracts under RCW 74.13.360 ((and House Bill No. 2122 (child welfare))).

(c) Of the amounts provided in (a) of this subsection, $579,000 of the general fund--state appropriation for fiscal year 2013 and $109,000 of the general fund--federal appropriation are provided solely for a receiving care center east of the Cascade mountains.

      (4) $176,000 of the general fund--state appropriation for fiscal year 2012, $177,000 of the general fund--state appropriation for fiscal year 2013, $656,000 of the general fund--private/local appropriation, $253,000 of the general fund--federal appropriation, and $725,000 of the education legacy trust account--state appropriation are provided solely for children's administration to contract with an educational advocacy provider with expertise in foster care educational outreach.  The amounts in this subsection are provided solely for contracted education coordinators to assist foster children in succeeding in K-12 and higher education systems and to assure a focus on education during the transition to performance based contracts.  Funding shall be prioritized to regions with high numbers of foster care youth and/or  regions where backlogs of youth that have formerly requested educational outreach services exist.  The department shall utilize private matching funds to maintain educational advocacy services.

      (5) $670,000 of the general fund--state appropriation for fiscal year 2012 and $670,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for services provided through children's advocacy centers.

      (6) To ensure expenditures remain within available funds appropriated in this section as required by RCW 74.13A.005 and 74.13A.020, the secretary shall not set the amount of any adoption assistance payment or payments, made pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, to more than ninety percent of the foster care maintenance payment for that child had he or she remained in a foster family home during the same period.  This subsection does not apply to adoption assistance agreements in existence on the effective date of this section.

      (7) $10,741,000 of the home security fund--state appropriation is provided solely for the department to contract for services pursuant to RCW 13.32A.030 and 74.15.220.  The department shall contract and collaborate with service providers in a manner that maintains the availability and geographic representation of secure and semi-secure crisis residential centers and HOPE centers.  To achieve efficiencies and increase utilization, the department shall allow the co-location of these centers, except that a youth may not be placed in a secure facility or the secure portion of a co-located facility except as specifically authorized by chapter 13.32A RCW.  The reductions to appropriations in this subsection related to semi-secure crisis residential centers reflect a reduction to the number of beds for semi- secure crisis residential centers and not a reduction in rates.  Any secure crisis residential center or semi-secure crisis residential center bed reduction shall not be based solely upon bed utilization.  The department is to exercise its discretion in reducing the number of beds but to do so in a manner that maintains availability and geographic representation of semi-secure and secure crisis residential centers.

      (8) $47,000 of the general fund--state appropriation for fiscal year 2012, $14,000 of the general fund--state appropriation for fiscal year 2013, and $40,000 of the general fund--federal appropriation are provided solely to implement Substitute House Bill No. 1697 (dependency system).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (9) $564,000 of the general fund--federal appropriation is provided solely to implement Second Substitute House Bill No. 1128 (extended foster care).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

(10) $799,000 of the general fund--state appropriation for fiscal year 2013 and $799,000 of the general fund--federal appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 2264 (child welfare/contracting).  If the bill is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.
      (11) $178,000 of the general fund--federal appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2592 (extended foster care).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (12) $616,000 of the general fund--state appropriation for fiscal year 2013 and $616,000 of the general fund--federal appropriation are provided solely for the implementation of Engrossed Substitute Senate Bill No. 6555 (child protective services).  If the bill is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.

Sec. 203.  2011 2nd sp.s. c 9 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 2012) (($86,684,000))

      $85,723,000

General Fund‑-State Appropriation (FY 2013) (($86,505,000))

      $85,258,000

General Fund‑-Federal Appropriation (($3,758,000))

      $3,809,000

General Fund‑-Private/Local Appropriation $1,903,000

Washington Auto Theft Prevention Authority Account--

      State Appropriation $196,000

Juvenile Accountability Incentive Account‑-Federal

      Appropriation $2,801,000

             TOTAL APPROPRIATION (($181,847,000))

      $179,690,000

 

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

      (1) $331,000 of the general fund--state appropriation for fiscal year 2012 and $331,000 of the general fund--state appropriation for fiscal year 2013 are 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) $2,716,000 of the general fund--state appropriation for fiscal year 2012 and $2,716,000 of the general fund--state appropriation for fiscal year 2013 are 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) $3,482,000 of the general fund--state appropriation for fiscal year 2012 and $3,482,000 of the general fund--state appropriation for fiscal year 2013 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) $1,130,000 of the general fund--state appropriation for fiscal year 2012 and $1,130,000 of the general fund--state appropriation for fiscal year 2013 are 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) $3,123,000 of the general fund--state appropriation for fiscal year 2012 and $3,123,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for grants to county juvenile courts for the following programs identified by the Washington state institute for public policy (institute) in its October 2006 report:  "Evidence-Based Public Policy Options to Reduce Future Prison Construction, Criminal Justice Costs and Crime Rates":  Functional family therapy, multi-systemic therapy, aggression replacement training and interagency coordination programs, or other programs with a positive benefit-cost finding in the institute's report.  County juvenile courts shall apply to the juvenile rehabilitation administration for funding for program-specific participation and the administration shall provide grants to the courts consistent with the per-participant treatment costs identified by the institute.

      (6) $1,537,000 of the general fund--state appropriation for fiscal year 2012 and $1,537,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for expansion of the following treatments and therapies in juvenile rehabilitation administration programs identified by the Washington state institute for public policy in its October 2006 report:  "Evidence-Based Public Policy Options to Reduce Future Prison Construction, Criminal Justice Costs and Crime Rates":  Multidimensional treatment foster care, family integrated transitions, and aggression replacement training, or other programs with a positive benefit-cost finding in the institute's report.  The administration may concentrate delivery of these treatments and therapies at a limited number of programs to deliver the treatments in a cost-effective manner.

      (7)(a) The juvenile rehabilitation administration shall administer a block grant, rather than categorical funding, of consolidated juvenile service funds, community juvenile accountability act grants, the chemical dependency disposition alternative funds, the mental health disposition alternative, and the sentencing disposition alternative for the purpose of serving youth adjudicated in the juvenile justice system.  In making the block grant, the juvenile rehabilitation administration shall follow the following formula and will prioritize evidence-based programs and disposition alternatives  and take into account juvenile courts program-eligible youth in conjunction with the number of youth served in each approved evidence- based program or disposition alternative:  (i) Thirty-seven and one- half percent for the at-risk population of youth ten to seventeen years old; (ii) fifteen percent for moderate and high-risk youth; (iii) twenty-five percent for evidence-based program participation; (iv) seventeen and one-half percent for minority populations; (v) three percent for the chemical dependency disposition alternative; and (vi) two percent for the mental health and sentencing dispositional alternatives.  Funding for the special sex offender disposition alternative (SSODA) shall not be included in the block grant, but allocated on the average daily population in juvenile courts.  Funding for the evidence-based expansion grants shall be excluded from the block grant formula.  Funds may be used for promising practices when approved by the juvenile rehabilitation administration and juvenile courts, through the community juvenile accountability act committee, based on the criteria established in consultation with Washington state institute for public policy and the juvenile courts.

      (b) The juvenile rehabilitation administration shall phase the implementation of the formula provided in subsection (1) of this section by including a stop-loss formula of five percent in fiscal year 2012 and five percent in fiscal year 2013.

      (c) The juvenile rehabilitation administration and the juvenile courts shall establish a block grant funding formula oversight committee with equal representation from the juvenile rehabilitation administration and the juvenile courts.  The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information.  The committee will be cochaired by the juvenile rehabilitation administration and the juvenile courts, who will also have the ability to change members of the committee as needed to achieve its purpose.  Initial members will include one juvenile court representative from the finance committee, the community juvenile accountability act committee, the risk assessment quality assurance committee, the executive board of the Washington association of juvenile court administrators, the Washington state center for court research, and a representative of the superior court judges association; two representatives from the juvenile rehabilitation  administration headquarters program oversight staff, two representatives of the juvenile rehabilitation administration regional office staff, one representative of the juvenile rehabilitation administration fiscal staff and a juvenile rehabilitation administration division director.  The committee may make changes to the formula categories other than the evidence-based program and disposition alternative categories if it is determined the changes will increase statewide service delivery or effectiveness of evidence-based program or disposition alternative resulting in increased cost benefit savings to the state.  Long-term cost benefit must be considered.  Percentage changes may occur in the evidence-based program or disposition alternative categories of the formula should it be determined the changes will increase evidence-based program or disposition alternative delivery and increase the cost benefit to the state.  These outcomes will also be considered in determining when evidence-based expansion or special sex offender disposition alternative funds should be included in the block grant or left separate.

      (d) The juvenile courts and administrative office of the courts shall be responsible for collecting and distributing information and providing access to the data systems to the juvenile rehabilitation administration and the Washington state institute for public policy related to program and outcome data.  The juvenile rehabilitation administration and the juvenile courts will work collaboratively to develop program outcomes that reinforce the greatest cost benefit to the state in the implementation of evidence-based practices and disposition alternatives.

      (8) The juvenile courts and administrative office of the courts shall collect and distribute information related to program outcome and provide access to these data systems to the juvenile rehabilitation administration and Washington state institute for public policy.  Consistent with chapter 13.50 RCW, all confidentiality agreements necessary to implement this information-sharing shall be approved within 30 days of the effective date of this section.  The agreements between administrative office of the courts, the juvenile courts, and the juvenile rehabilitation administration shall be executed to ensure that the juvenile rehabilitation administration receives the data that the juvenile rehabilitation administration identifies as needed to  comply with this subsection.  This includes, but is not limited to, information by program at the statewide aggregate level, individual court level, and individual client level for the purpose of the juvenile rehabilitation administration providing quality assurance and oversight for the locally committed youth block grant and associated funds and at times as specified by the juvenile rehabilitation administration as necessary to carry out these functions.  The data shall be provided in a manner that reflects the collaborative work the juvenile rehabilitation administration and juvenile courts have developed regarding program outcomes that reinforce the greatest cost benefit to the state in the implementation of evidence-based practices and disposition alternatives.

(9) The Washington association of juvenile court administrators and the juvenile rehabilitation administration, in consultation with the community juvenile accountability act advisory committee and the Washington state institute for public policy, shall analyze and review data elements available from the administrative office of the courts for possible integration into the evidence-based program quality assurance plans and processes.  The administrative office of the courts, the Washington association of juvenile court administrators, and the juvenile rehabilitation administration shall provide information necessary to complete the review and analysis.  The Washington association of juvenile court administrators and the juvenile rehabilitation administration shall report the findings of their review and analysis, as well as any recommendations, to the legislature by December 1, 2012.

Sec. 204.  2011 2nd sp.s. c 9 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 2012) (($317,392,000))

      $317,734,000

General Fund‑-State Appropriation (FY 2013) (($322,982,000))

      $324,319,000

General Fund‑-Federal Appropriation (($448,732,000))

      $449,593,000

General Fund‑-Private/Local Appropriation $17,864,000

Hospital Safety Net Assessment Fund--State

      Appropriation (($6,802,000))

      $5,251,000

             TOTAL APPROPRIATION (($1,113,772,000))

      $1,114,761,000

 

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

      (a) $109,342,000 of the general fund--state appropriation for fiscal year 2012 and $109,341,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for persons and services not covered by the medicaid program.  This is a reduction of $4,348,000 each fiscal year from the nonmedicaid funding that was allocated for expenditure by regional support networks during fiscal year 2011 prior to supplemental budget reductions.  This $4,348,000 reduction shall be distributed among regional support networks proportional to each network's share of the total state population.  To the extent possible, levels of regional support network spending shall be maintained 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.

      (b) $6,590,000 of the general fund--state appropriation for fiscal year 2012, $6,590,000 of the general fund--state appropriation for fiscal year 2013, and $7,620,000 of the general fund--federal appropriation are provided solely for the department and regional support networks to continue to contract for implementation of high- intensity programs for assertive community treatment (PACT) teams.  In determining the proportion of medicaid and nonmedicaid funding provided to regional support networks with PACT teams, the department shall consider the differences between regional support networks in the percentages of services and other costs associated with the teams that are not reimbursable under medicaid.  The department may allow regional support networks which have nonmedicaid reimbursable costs that are higher than the nonmedicaid allocation they receive under this section to supplement these funds with local dollars or funds received under section 204(1)(a) of this act.  The department and regional support networks shall maintain consistency with all essential elements of the PACT evidence-based practice model in programs funded under this section.

      (c) $5,850,000 of the general fund--state appropriation for fiscal year 2012, $5,850,000 of the general fund--state appropriation for fiscal year 2013, and $1,300,000 of the general fund--federal appropriation are provided solely for the western Washington regional support networks to provide either community- or hospital campus-based services for persons who require the level of care previously provided by the program for adaptive living skills (PALS) at western state hospital.

      (d) The number of nonforensic beds allocated for use by regional support networks at eastern state hospital shall be 192 per day.  The number of nonforensic beds allocated for use by regional support networks at western state hospital shall be 557 per day.

      (e) 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.

      (f) $4,582,000 of the general fund--state appropriation for fiscal year 2012 and $4,582,000 of the general fund--state appropriation for fiscal year 2013 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 release from confinement.  Beginning in fiscal year 2013, the department shall report regional outcome data on individuals in jail who are referred for regional support network services.  By December 1, 2012, the department shall provide a report to the relevant fiscal and policy committees of the legislature on the number of individuals referred to the program who had an evaluation for regional support network services either during incarceration or within 30 and 60 days of release from jail; and the number who were made newly eligible or reinstated to eligibility for medical assistance services either during incarceration or within 30 and 60 days of release from jail.  In addition, the report shall identify how many of the individuals who were determined to be eligible for regional support network services received additional outpatient services within 30 and 60 days of release from incarceration.

      (g) 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.

      (h) $750,000 of the general fund--state appropriation for fiscal year 2012 and $750,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to continue performance-based incentive contracts to provide appropriate community support services for individuals with severe mental illness who were discharged from the state hospitals as part of the expanding community services initiative.  These funds will be used to enhance community residential and support services provided by regional support networks through other state and federal funding.

      (i) $1,125,000 of the general fund--state appropriation for fiscal year 2012 and $1,125,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Spokane regional support network to implement services to reduce utilization and the census at eastern state hospital.  Such services shall include:

      (i) High intensity treatment team for persons who are high utilizers of psychiatric inpatient services, including those with co- occurring disorders and other special needs;

      (ii) Crisis outreach and diversion services to stabilize in the community individuals in crisis who are at risk of requiring inpatient care or jail services;

      (iii) Mental health services provided in nursing facilities to individuals with dementia, and consultation to facility staff treating those individuals; and

      (iv) Services at the sixteen-bed evaluation and treatment facility.

      At least annually, the Spokane regional support network shall assess the effectiveness of these services in reducing utilization at eastern state hospital, identify services that are not optimally effective, and modify those services to improve their effectiveness.

      (j) $1,529,000 of the general fund--state appropriation for fiscal year 2012 and $1,529,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to reimburse Pierce and Spokane counties for the cost of conducting 180-day commitment hearings at the state psychiatric hospitals.

      (k) Regional support networks may use local funds to earn additional federal medicaid match, provided the locally matched rate does not exceed the upper-bound of their federally allowable rate range, and provided that the enhanced funding is used only to provide medicaid state plan or waiver services to medicaid clients.  Additionally, regional support networks may use a portion of the state funds allocated in accordance with (a) of this subsection to earn additional medicaid match, but only to the extent that the application of such funds to medicaid services does not diminish the level of crisis and commitment, community inpatient, residential care, and outpatient services presently available to persons not eligible for medicaid.

      (l) Given the recent approval of federal medicaid matching funds for the disability lifeline and the alcohol and drug abuse treatment support act programs, the department shall charge regional support networks for only the state share rather than the total cost of community psychiatric hospitalization for persons enrolled in those programs.

      (m) $750,000 of the general fund--state appropriation for fiscal year 2012, $750,000 of the general fund--state appropriation for fiscal year 2013, and $1,500,000 of the general fund--federal appropriation are provided solely to adjust regional support network capitation rates to account for the per diem rates actually paid for psychiatric care provided at hospitals participating in the certified public expenditure program operated pursuant to section 213 of this act.

(n) The appropriations in this section reflect efficiencies to be achieved through voluntary consolidation of regional support networks in accordance with Substitute House Bill No. 2139 (regional support networks).  Voluntary consolidation of regional support networks is expected to result in administrative efficiencies and maximize dollars available for direct services to individuals with mental illnesses without corresponding increases in state appropriations.

 

      (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 2012) (($115,317,000))

      $115,017,000

General Fund‑-State Appropriation (FY 2013) (($114,111,000))

      $112,603,000

General Fund‑-Federal Appropriation (($153,324,000))

      $153,618,000

General Fund‑-Private/Local Appropriation $67,325,000

             TOTAL APPROPRIATION (($450,077,000))

      $448,563,000

 

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

      (a) The state psychiatric 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) $231,000 of the general fund--state appropriation for fiscal year 2012 and $231,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a community partnership between western state hospital and the city of Lakewood to support community policing efforts in the Lakewood community surrounding western state hospital.  The amounts provided in this subsection (2)(b) are for the salaries, benefits, supplies, and equipment for one full- time investigator, one full-time police officer, and one full-time community service officer at the city of Lakewood.

      (c) $45,000 of the general fund--state appropriation for fiscal year 2012 and $45,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for payment to the city of Lakewood for police services provided by the city at western state hospital and adjacent areas.

      (d) $20,000,000 of the general fund--state appropriation for fiscal year 2012 and $20,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to maintain staffed capacity to serve an average daily census in forensic wards at western state hospital of 270 patients per day.

(e) The appropriations in this section reflect efficiencies to be achieved through enactment of Substitute Senate Bill No. 6492 (competency to stand trial).  These efficiencies are expected to enable the hospitals to substantially increase the timeliness with which evaluations of defendant competency to stand trial are completed, and treatment to restore competency is initiated, without corresponding increases in state appropriations.

 

      (3) SPECIAL PROJECTS

General Fund‑-State Appropriation (FY 2012) (($1,168,000))

      $1,148,000

General Fund‑-State Appropriation (FY 2013) (($1,164,000))

      $1,276,000

General Fund‑-Federal Appropriation (($4,109,000))

      $4,198,000

General Fund--Private/Local Appropriation $700,000

             TOTAL APPROPRIATION (($7,141,000))

      $7,322,000

 

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

      (a) $1,161,000 of the general fund--state appropriation for fiscal year 2012 and $1,161,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for children's evidence-based mental health services.  Funding is sufficient to continue serving children at the same levels as fiscal year 2009.

      (b) $700,000 of the general fund--private/local appropriation is provided solely for the University of Washington's evidence-based practice institute which supports the identification, evaluation, and  implementation of evidence-based or promising practices for serving children and youth with mental health disorders.  The department shall enter into an interagency agreement with the office of the attorney general for expenditure of $700,000 of the state's proceeds of the cy pres settlement in State of Washington v. AstraZeneca (Seroquel) for this purpose.

(c) $135,000 of the general fund--state appropriation for fiscal year 2013 and $89,000 of the general fund--federal appropriation are provided solely for the department to contract with the University of Washington's evidence-based practice institute and the Washington state institute for public policy to consult with the department and the health care authority on the implementation of Engrossed Second Substitute House Bill No. 2536 (children services/delivery).  The department's programs responsible for administration of mental health, child welfare, and juvenile justice programs will coordinate with the health care authority on the development of contract terms which facilitate efforts to meet requirements of the bill.  If Engrossed Second Substitute House Bill No. 2536 (children services/delivery) is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.

 

      (4) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 2012) (($4,476,000))

      $4,482,000

General Fund‑-State Appropriation (FY 2013) (($4,261,000))

      $4,247,000

General Fund‑-Federal Appropriation (($7,227,000))

      $7,210,000

General Fund--Private/Local Appropriation $446,000

             TOTAL APPROPRIATION (($16,410,000))

      $16,385,000

 

      (a) The appropriations in this subsection are subject to the following conditions and limitations:  In accordance with RCW 43.20B.110, 43.135.055, and 71.24.035, the department is authorized to increase license and certification fees in fiscal years 2012 and 2013 to support the costs of the regulatory program.  The fee schedule increases must be developed so that the maximum amount of additional fees paid by providers statewide in the 2011-2013 fiscal biennium is $446,000.  The department's fee schedule shall have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation.  To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower costs of licensing for these programs than for other organizations which are not accredited.

      (b) $19,000 of the general fund--state appropriation for fiscal year 2012, $17,000 of the general fund--state appropriation for fiscal year 2013, and $34,000 of the general fund--federal appropriation are provided solely to support a partnership among the department of social and health services, the department of health, and agencies that deliver medical care and behavioral health services in Cowlitz county.  The partnership shall identify and recommend strategies for resolving regulatory, licensing, data management, reporting, and funding barriers to more effective integration of primary medical and behavioral health care services in the county.

Sec. 205.  2011 2nd sp.s. c 9 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 2012) (($418,815,000))

      $405,412,000

General Fund‑-State Appropriation (FY 2013) (($422,854,000))

      $420,327,000

General Fund‑-Federal Appropriation (($743,532,000))

      $752,059,000

General Fund--Private/Local Appropriation $184,000

             TOTAL APPROPRIATION (($1,585,385,000))

      $1,577,982,000

 

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

      (a) Individuals receiving services 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.

      (b) Amounts appropriated in this subsection reflect a reduction to funds appropriated for in-home care.  The department shall reduce the number of in-home hours authorized.  The reduction shall be scaled based on the acuity level of care recipients.  The largest hour reductions shall be to lower acuity patients and the smallest hour reductions shall be to higher acuity patients.

      (c) Amounts appropriated in this subsection are sufficient to develop and implement the use of a consistent, statewide outcome-based vendor contract for employment and day services by July 1, 2012.  The rates paid to vendors under this contract shall also be made consistent.  In its description of activities the agency shall include activity listings and dollars appropriated for:  Employment services, day services, child development services and county administration of services to the developmentally disabled.  The department shall begin reporting to the office of financial management on these activities beginning in fiscal year 2010.

      (d) $944,000 of the general fund--state appropriation for fiscal year 2012, $944,000 of the general fund--state appropriation for fiscal year 2013, and $1,888,000 of the general fund--federal appropriation are provided solely for state contributions for individual provider health care benefits.  Pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270, the state shall contribute to the multiemployer health benefits trust fund (($1.96)) $2.21 per paid hour worked by individual providers.

      (e) (($1,871,000 of the general fund--state appropriation for fiscal year 2012, $1,995,000 of the general fund--state appropriation for fiscal year 2013, and $3,865,000 of the general fund--federal appropriation are provided solely for home care agencies to purchase health coverage for home care providers.  The department shall calculate and distribute payments for health care benefits to home care  agencies at $558 per month for each worker who cares for publicly funded clients at 86 hours or more per month.  In order to negotiate the most comprehensive health benefits package for its employees, each agency may determine benefit levels according to the hours an employee works providing state-funded personal care.  Health benefits shall be offered to all employees who care for publicly funded clients for 86 hours per month or more.  At a minimum, employees who care for publicly funded clients at 140 hours a month or greater must receive a comprehensive medical benefit.  Benefits shall not be provided to employees who care for publicly funded clients at 85 hours or less per month or as interim respite workers.  The department shall not pay an agency for benefits provided to an employee who otherwise receives health care coverage through other family members, other employment-based coverage, or military or veteran's coverage.  The department shall require annually, each home care agency to review each of its employee's available health coverage and to provide a written declaration to the department verifying that health benefits purchased with public funds are solely for employees that do not have other available coverage.  Home care agencies may determine a reasonable employee co-premium not to exceed 20 percent of the total benefit cost.
      (f) $1,127,000)) $1,329,000 of the general fund--state appropriation for fiscal year 2012, (($1,199,000)) $1,622,000 of the general fund--state appropriation for fiscal year 2013, and (($2,322,000)) $2,947,000 of the general fund--federal appropriation are provided solely for the state's contribution to the training partnership, as provided in RCW 74.39A.360, for instructional costs associated with the training of individual providers.  ((House Bill No. 1548 and Senate Bill No. 5473 (long-term care worker requirements) make statutory changes to the increased training requirements and therefore the state shall contribute to the partnership $0.17 per paid hour worked by all home care workers.  This amount is pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270.))  Contributions are funded at $0.22 per benefit-eligible paid hour worked by all home care workers.  Expenditures for the purposes specified in this subsection shall not exceed the amounts provided in this subsection.  However, if the governor and the service employees international union healthcare 775nw can reach agreement on repurposing funding that is currently provided in the individual provider collective bargaining agreement for new individual provider wages paid during training or other training related items, then expenditures for training trust contributions for individual providers may include the amounts provided in this subsection and the agreed upon repurposed funding.  Funding in this section for purposes other than the individual provider collective bargaining agreement cannot be used for the purposes of this subsection (1)(e).  It is the intent of the legislature that the funding provided in this subsection, including any repurposed funding, is sufficient to cover the costs of individual provider training and therefore tuition or other entrance fees are not necessary.

(f) $104,669,000 of the general fund--state appropriation for fiscal year 2013 and $104,669,000 of the general fund--federal appropriation are provided solely for the department to provide personal care services to waiver and nonwaiver in-home clients.  The department shall provide the legislature with a report by December 5, 2012, on the feasibility of converting the medicaid personal care program for in-home adults to a medicaid program as found in section 1915(i) of the federal social security act that utilizes the option for self-direction of individualized budgets.  The department shall operate the personal care program within the amounts specifically provided.

      (g)(i) Within the amounts appropriated in this subsection, the department shall revise the current working age adult policy to allow clients to choose between employment and community access activities.  Clients age 21 and older who are receiving services through a home- and  community-based medicaid waiver shall be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment program at any time.  The department shall inform clients and their legal representatives of all available options for employment and day services.  Information provided to the client and the client's legal representative shall include the types of activities each service option provides, and the amount, scope, and duration of service for which the client would be eligible under each service option.  An individual client may be authorized for only one service option, either employment services or community access services.  Clients may not participate in more than one of these services at any given time.

      (ii) The department shall work with counties and stakeholders to strengthen and expand the existing community access program.  The program must emphasize support for the client so they are able to participate in activities that integrate them into their community and support independent living and skills.

      (iii) The appropriation in this subsection includes funding to provide employment or community access services to 168 medicaid eligible young adults with developmental disabilities living with their families who need employment opportunities and assistance after high school graduation.

      (h) $75,000 of the general fund--state appropriation for fiscal year 2012 and $75,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the restoration of direct support to local organizations that utilize parent-to-parent networks and communication to promote access and quality of care for individuals with developmental disabilities and their families.

      (i) In accordance with Engrossed Substitute House Bill No. 1277 (licensed settings for vulnerable adults), adult family home license fees are increased in fiscal years 2012 and 2013 to support the costs of conducting licensure, inspection, and regulatory programs.

      (i) The current annual renewal license fee for adult family homes shall be increased to $100 per bed beginning in fiscal year 2012 and  $175 per bed beginning in fiscal year 2013.  Adult family homes shall receive a corresponding vendor rate increase per medicaid patient day  of $0.22 in fiscal year 2012 and $0.43 in fiscal year 2013 ((to cover the cost of the license fee increase for publicly funded beds)), or the amount necessary to fully fund the license fee increase for publicly funded beds, pursuant to the most recent bed estimates maintained by the department.

      (ii) Beginning in fiscal year 2012, a processing fee of $2,750 shall be charged to each adult family home when the home is initially licensed.  This fee is nonrefundable.

      (j) Clients with developmental disabilities have demonstrated a need and a desire for a day services program as verified by over 900 clients currently accessing day programs through a long- term care service model.  In addition, every individual, to include those with a developmental disability, should have the opportunity for meaningful employment which allows them to contribute to their communities and to become as self-sufficient as possible.  Providing choice empowers recipients of publicly funded services and their families by expanding their degree of control over the services and supports they need.

      The department shall work with legislators and stakeholders to develop a new approach to employment and day services.  The objective of this plan is to ensure that adults with developmental disabilities have optimum choices, and that employment and day offerings are comprehensive enough to meet the needs of all clients currently served on a home and community based waiver.  The proposal shall be submitted to the 2012 legislature for consideration and shall be constructed such that a client ultimately receives employment, community access, or the community day option but not more than one service at a time.  The proposal shall include options for program efficiencies within the current employment and day structure and shall provide details on the plan to implement a consistent, statewide outcome-based vendor contract for employment and day services as specified in (c) of this subsection.

 

      (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 2012) (($80,815,000))

      $75,436,000

General Fund‑-State Appropriation (FY 2013) (($79,939,000))

      $80,356,000

General Fund‑-Federal Appropriation (($154,388,000))

      $153,570,000

General Fund‑-Private/Local Appropriation $22,043,000

             TOTAL APPROPRIATION (($337,185,000))

      $331,405,000

 

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

      (a) Individuals receiving services 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.

      (b) $721,000 of the general fund--state appropriation for fiscal year 2012 and $721,000 of the general fund--state appropriation for fiscal year 2013 are for the department to fulfill its contracts with the school districts under chapter 28A.190 RCW to provide transportation, building space, and other support services as are reasonably necessary to support the educational programs of students living in residential habilitation centers.

(c) $250,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for allocation under contract to a school district in which a residential habilitation center (RHC) is located.  The department must provide the school district with an allocation of $25,000 for each person under the age of 21 who between July 1, 2011, and June 30, 2013, is newly admitted to the RHC and newly enrolled in the district in which the RHC is located.  The purpose of the allocation is to provide supplemental funding for robust supports and extraordinary costs for students who are newly admitted to the RHC and may be experiencing distress while transitioning to a new school environment.
      (d) $600,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for operations of the Rainier school vision development committee, hereby established to create a long-range vision and development plan for the Rainier school.
      (i) The committee shall consist of:
      (A) Three members of the legislature representing the thirty-first legislative district;
      (B) Two persons representing the cities of Enumclaw and Buckley;
      (C) Two persons representing the chambers of commerce of the cities of Enumclaw and Buckley;
      (D) Two persons representing the friends of Rainier school organization; and
      (E) One person representing the Pierce county developmental disabilities board.
      (ii) The committee shall create and submit to the legislature a long-range community vision and development plan for the efficient use of the Rainier school facility to best serve the needs of persons with developmental disabilities, including the establishment of a respite care center for families and other caregivers of persons with developmental disabilities.

 

      (3) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 2012) (($1,380,000))

      $1,382,000

General Fund‑-State Appropriation (FY 2013) (($1,371,000))

      $1,366,000

General Fund‑-Federal Appropriation (($1,323,000))

      $1,319,000

             TOTAL APPROPRIATION (($4,074,000))

      $4,067,000

 

      (4) SPECIAL PROJECTS

General Fund--State Appropriation (FY 2012) (($4,648,000))

      $4,634,000

General Fund--State Appropriation (FY 2013) (($4,637,000))

      $4,553,000

General Fund--Federal Appropriation (($9,575,000))

      $9,588,000

General Fund--Private/Local Appropriation $998,000

             TOTAL APPROPRIATION (($19,858,000))

      $19,773,000

 

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

      Amounts appropriated in this subsection are for the purposes of transitioning clients with developmental disabilities into community settings.  The department is authorized as needed to use these funds to either pay for clients residing within a residential habilitation center or for placements in the community.  Pursuant to Second Substitute Senate Bill No. 5459 (services for people with developmental disabilities), funding in this subsection must be prioritized for the purpose of facilitating the consolidation and closure of Frances Haddon Morgan Center.  The department shall use a person-centered approach in developing the discharge plan to assess each resident's needs and identify services the resident requires to successfully transition to the community or another residential habilitation center.  The department is authorized to use any savings from this effort for the purpose of developing community resources to address the needs of clients with developmental disabilities who are in crisis or in need of respite.  The department shall track the costs and savings of closing Frances Haddon Morgan Center and any investments into community placements and resources.  The department shall provide a fiscal progress report to the legislature by December 5, 2011.

Sec. 206.  2011 2nd sp.s. c 9 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 2012) (($781,995,000))

      $791,493,000

General Fund‑-State Appropriation (FY 2013) (($804,465,000))

      $809,338,000

 General Fund‑-Federal Appropriation (($1,680,450,000))

      $1,690,993,000

General Fund‑-Private/Local Appropriation $27,517,000

Traumatic Brain Injury Account‑-State Appropriation $3,388,000

Nursing Facility Quality Assurance Account--State

      Appropriation (($88,071,000))

      $88,000,000

             TOTAL APPROPRIATION (($3,385,886,000))

      $3,410,729,000

 

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

      (1) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate shall not exceed $170.37 for fiscal year 2012 and shall not exceed $171.43 for fiscal year 2013, including the rate add-ons described in (a) and (b) of this subsection.  However, if the waiver requested from the federal centers for medicare and medicaid services in relation to the safety net assessment created by Engrossed Substitute Senate Bill No. 5581 (nursing home payments) is for any reason not approved and implemented, the weighted average nursing facility payment rate shall not exceed $159.87 for fiscal year 2012 and shall not exceed $160.93 for fiscal year 2013.  There will be no adjustments for economic trends and conditions in fiscal years 2012 and 2013.  The economic trends and conditions factor or factors defined in the biennial appropriations act shall not be compounded with the economic trends and conditions factor or factors defined in any other biennial appropriations acts before applying it to the component rate allocations established in accordance with chapter 74.46 RCW.  When no economic trends and conditions factor for either fiscal year is defined in a biennial appropriations act, no economic trends and conditions factor or factors defined in any earlier biennial appropriations act shall be applied solely or compounded to the component rate allocations established in accordance with chapter 74.46 RCW.

      (a) Within the funds provided, the department shall continue to provide an add-on per medicaid resident day per facility not to exceed $1.57.  The add-on shall be used to increase wages, benefits, and/or staffing levels for certified nurse aides; or to increase wages and/or benefits for dietary aides, housekeepers, laundry aides, or any other category of worker whose statewide average dollars-per-hour wage was less than $15 in calendar year 2008, according to cost report data.  The add-on may also be used to address resulting wage compression for related job classes immediately affected by wage increases to low-wage workers.  The department shall continue reporting requirements and a settlement process to ensure that the funds are spent according to this subsection.

      (b) The department shall do a comparative analysis of the facility- based payment rates calculated on July 1, ((2011)) 2012, using the payment methodology defined in ((Engrossed Substitute Senate Bill No. 5581 (nursing home payments))) chapter 74.46 RCW and as funded in the omnibus appropriations act, excluding the comparative add-on, acuity add-on, and safety net reimbursement, to the facility-based payment rates in effect June 30, 2010.  If the facility-based payment rate calculated on July  1, ((2011)) 2012, is smaller than the facility- based payment rate on June 30, 2010, then the difference shall be provided to the individual nursing facilities as an add-on payment per medicaid resident day.

      (c) During the comparative analysis performed in subsection (b) of this section, if it is found that the direct care rate for any facility calculated using the payment methodology defined in ((Engrossed Substitute Senate Bill No. 5581 (nursing home payments))) chapter 74.46 RCW and as funded in the omnibus appropriations act, excluding the comparative add-on, acuity add-on, and safety net reimbursement, is greater than the direct care rate in effect on June 30, 2010, then the facility shall receive a ten percent direct care rate add-on to compensate that facility for taking on more acute clients than they have in the past.

      (d) The department shall provide a medicaid rate add-on to reimburse the medicaid share of the skilled nursing facility safety net assessment as a medicaid allowable cost.  The nursing facility safety net rate add-on may not be included in the calculation of the annual statewide weighted average nursing facility payment rate.

      (e) If the waiver requested from the federal centers for medicare and medicaid services in relation to the safety net assessment created by Engrossed Substitute Senate Bill No. 5581 (nursing home payments) is for any reason not approved and implemented, ((subsections)) (b), (c), and (d) of this subsection do not apply.

      (2) After examining actual nursing facility cost information, the legislature finds that the medicaid nursing facility rates calculated pursuant to Engrossed Substitute Senate Bill No. 5581 (nursing home payments) provide sufficient reimbursement to efficiently and economically operating nursing facilities and bear a reasonable relationship to costs.

      (3) In accordance with chapter 74.46 RCW, the department shall issue no additional certificates of capital authorization for fiscal year 2012 and no new certificates of capital authorization for fiscal year 2013 and shall grant no rate add-ons to payment rates for capital improvements not requiring a certificate of need and a certificate of capital authorization for fiscal years 2012 and 2013.

      (4) The long-term care program may develop and pay enhanced rates for exceptional care to nursing homes for persons with traumatic brain injuries who are transitioning from hospital care.  The cost per patient day for caring for these clients in a nursing home setting may be equal to or less than the cost of caring for these clients in a hospital setting.

      (5) Amounts appropriated in this section reflect a reduction to funds appropriated for in-home care.  The department shall reduce the number of in-home hours authorized.  The reduction shall be scaled based on the acuity level of care recipients.  The largest hour reductions shall be to lower acuity patients and the smallest hour reductions shall be to higher acuity patients.

      (6) $1,883,000 of the general fund--state appropriation for fiscal year 2012, $1,883,000 of the general fund--state appropriation for fiscal year 2013, and $3,766,000 of the general fund--federal appropriation are provided solely for state contributions for individual provider health care benefits.  Pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270, the state shall contribute to the multiemployer health benefits trust fund (($1.96)) $2.21 per paid hour worked by individual providers.

      (7) (($16,835,000 of the general fund--state appropriation for fiscal year 2012, $17,952,000 of the general fund--state appropriation for fiscal year 2013, and $34,786,000 of the general fund--federal appropriation are provided solely for home care agencies to purchase health coverage for home care providers.  The department shall calculate and distribute payments for health care benefits to home care agencies at $558 per month for each worker who cares for publicly funded clients at 86 hours or more per month.  In order to negotiate the most comprehensive health benefits package for its employees, each agency may determine benefit levels according to the hours an employee works providing state-funded personal care.  Health benefits shall be offered to all employees who care for publicly funded clients for 86 hours per month or more.  At a minimum, employees who care for publicly funded clients at 140 hours a month or greater must receive a comprehensive medical benefit.  Benefits shall not be provided to employees who care for publicly funded clients at 85 hours or less per month or as interim respite workers.  The department shall not pay an agency for benefits provided to an employee who otherwise receives health care coverage through other family members, other employment-based coverage, or military or veteran's coverage.  The department shall require annually, each home care agency to review each of its employee's available health coverage and to provide a written declaration to the department verifying that health benefits purchased  with public funds are solely for employees that do not have other available coverage.  Home care agencies may determine a reasonable employee co-premium not to exceed 20 percent of the total benefit cost.
      (8) $2,063,000)) $2,449,000 of the general fund--state appropriation for fiscal year 2012, (($2,195,000)) $3,012,000 of the general fund--state appropriation for fiscal year 2013, and (($4,260,000)) $5,463,000 of the general fund--federal appropriation are provided solely for the state's contribution to the training partnership, as provided in RCW 74.39A.360, for instructional costs associated with the training of individual providers.  ((House Bill No. 1548 and Senate Bill No. 5473 (long-term care worker requirements) make statutory changes to the increased training requirements and therefore the state shall contribute to the partnership $0.17 per paid hour worked by all home care workers.  This amount is pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270.))  Contributions are funded at $0.22 per benefit-eligible paid hour worked by all home care workers.  Expenditures for the purposes specified in this subsection shall not exceed the amounts provided in this subsection.  However, if the governor and the service employees international union healthcare 775nw can reach agreement on repurposing funding that is currently provided in the individual provider collective bargaining agreement for new individual provider wages paid during training or other training related items, then expenditures for training trust contributions for individual providers may include the amounts provided in this subsection and the agreed upon repurposed funding.  Funding in this section for purposes other than the individual provider collective bargaining agreement cannot be used for the purposes of this subsection (7).  It is the intent of the legislature that the funding provided in this subsection, including any repurposed funding, is sufficient to cover the costs of individual provider training and therefore tuition or other entrance fees are not necessary.

(8) $338,550,000 of the general fund--state appropriation for fiscal year 2013 and $338,550,000 of the general fund--federal appropriation are provided solely for the department to provide personal care services to waiver and nonwaiver in-home clients.  The department shall provide the legislature with a report by December 5, 2012, on the feasibility of converting the medicaid personal care program for in-home adults to a medicaid program as found in section 1915(i) of the federal social security act that utilizes the option for self-direction of individualized budgets.  The department shall operate the personal care program within the amounts specifically provided.

      (9) Individuals receiving services 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.

      (10) The department shall eliminate the adult day health program under the state plan 1915(i) option and shall reestablish it under the long-term care home and community-based waiver.

      (11) $4,588,000 of the general fund--state appropriation for fiscal year 2012, $4,559,000 of the general fund--state appropriation for fiscal year 2013, and $9,237,000 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.

      (12) $1,840,000 of the general fund--state appropriation for fiscal year 2012 and $1,877,000 of the general fund--state appropriation for  fiscal year 2013 are provided solely for operation of the volunteer services program.  Funding shall be prioritized towards serving populations traditionally served by long-term care services to include senior citizens and persons with disabilities.

      (13) In accordance with Engrossed Substitute House Bill No. 1277 (licensed settings for vulnerable adults), nursing facility fees are increased in fiscal year 2012 and adult family home fees are increased in fiscal year 2012 and fiscal year 2013 to support the costs of conducting licensure, inspection, and regulatory programs.

      (a) The current annual renewal license fee for nursing facilities shall be increased to $359 per bed beginning in fiscal year 2012 and assumes $517,000 of the general fund--private/local appropriation.  Nursing facilities shall receive a vendor rate increase of $0.08 per medicaid patient day to cover the license fee increase for publicly funded beds.

      (b) The current annual renewal license fee for adult family homes shall be increased to $100 per bed beginning in fiscal year 2012 and assumes $1,449,000 of the general fund--private/local appropriation; and $175 per bed beginning in fiscal year 2013 and assumes $2,463,000 of the general fund--private/local appropriation.  Adult family homes shall receive a corresponding vendor rate increase per medicaid patient day of $0.22 in fiscal year 2012 and $0.43 in fiscal year 2013 ((to cover the license fee increase for publicly funded beds)), or the amount necessary to fully fund the license fee increase for publicly funded beds, pursuant to the most recent bed estimates maintained by the department.

      (c) Beginning in fiscal year 2012, a processing fee of $2,750 shall be charged to each adult family home when the home is initially licensed.  This fee is nonrefundable.

      (d) $72,000 of the general fund--state appropriation for fiscal year 2012, $708,000 of the general fund--private/local appropriation and $708,000 of the general fund--federal appropriation are provided solely to implement sections 501 through 503 of Engrossed Substitute House Bill No. 1277 (licensed settings for vulnerable adults).  The department shall use additional investigative resources to address complaints about provider practices as well as alleged abuse, neglect, abandonment, and exploitation of residents in adult family homes.  The department shall develop a statewide internal quality review and accountability program to improve the accountability of staff and the consistent application of investigative activities, and shall convene  a quality assurance panel to review problems in the quality of care in adult family homes.

      (14) $3,316,000 of the traumatic brain injury account--state appropriation is provided solely to continue services for persons with traumatic brain injury (TBI) as defined in chapter 143, Laws of 2011 (traumatic brain injury strategic partnership).

      (15) The department is authorized to place long-term care clients residing in nursing homes and paid for with state only funds into less restrictive community care settings while continuing to meet the client's care needs.

(16) The department shall participate in the work group established by the department of corrections in section 220(2) of this act to review release options for elderly and infirm offenders.

Sec. 207.  2011 2nd sp.s. c 9 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 2012) (($487,305,000))

      $415,553,000

General Fund‑-State Appropriation (FY 2013) (($503,362,000))

      $438,483,000

General Fund‑-Federal Appropriation (($1,167,467,000))

      $1,174,416,000

General Fund‑-Private/Local Appropriation $30,592,000

             TOTAL APPROPRIATION (($2,188,726,000))

      $2,059,044,000

 

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

      (1) (($258,880,000)) $195,410,000 of the general fund--state appropriation for fiscal year 2012, (($297,296,000)) $235,808,000 of the general fund--state appropriation for fiscal year 2013, and (($710,173,000)) $725,586,000 of the general fund--federal appropriation are provided solely for all components of the WorkFirst program.  Under section 2 of Engrossed Substitute Senate Bill No. 5921 (social services programs), the amounts in this subsection assume that any participant in the temporary assistance for needy families where their participation is suspended and does not volunteer to participate in WorkFirst services or unsubsidized employment does not receive child care subsidies or WorkFirst subsidies as a condition of the suspension.  Within the amounts provided for the WorkFirst program, the department may provide assistance using state-only funds for families eligible for temporary assistance for needy families.

      (a) Within the amounts provided for WorkFirst in this subsection, the department shall continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in Engrossed House Bill No. 2262 (WorkFirst and child care) and RCW 74.08A.410.

      (b) The department may establish a career services work transition program.

      (c) ((Within the amounts provided in this subsection, $1,414,000 of the general fund--state appropriation for fiscal year 2012 and $5,150,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation and administration of the electronic benefit transfer system under section 12 of Engrossed Substitute Senate Bill No. 5921 (social services programs).  The department shall transfer these amounts to the department of early learning for the implementation and administration of the project.
      (d))) Within amounts appropriated in this section, the legislature expressly mandates that the department exercise its authority, granted in 1997 under RCW 74.08A.290, to contract for work activities services pursuant to that statutory authority and RCW 41.06.142(3).

      (((e))) (d) The department shall create a temporary assistance for needy families budget structure that allows for more transparent tracking of budget units and subunits of expenditures where these units and subunits are mutually exclusive from other department budget units.  The budget structure shall include budget units for the following:  Grants, child care, WorkFirst activities, and administration of the program.

      (2)(((a) $11,825,000 of the general fund--federal appropriation is provided solely for a contingency reserve in the event the temporary assistance for needy families cash benefit is projected to exceed forecasted amounts by more than one percent.  The department shall only expend an amount equal to the forecasted over-expenditure.  For purposes of this subsection, the temporary assistance forecast shall be completed every quarter and follow a similar schedule of the caseload forecast council forecasts.
      (b) If sufficient savings in subsection (1) of this section are achieved, the department of early learning shall increase the number of child care slots available for the working connections child care program.
      (3) $23,494,000)) $23,679,000 of the general fund--state appropriation for fiscal year 2012, in addition to supplemental security income recoveries, is provided solely for financial assistance and other services to recipients in the program established in section 4, chapter 8, Laws of 2010 1st sp. sess., until the program terminates on October 31, 2011.

      (((4))) (3)(a) (($13,086,000)) $12,457,000 of the general fund-- state appropriation for fiscal year 2012 and (($24,788,000)) $21,959,000 of the general fund--state appropriation for fiscal year 2013, in addition to supplemental security income recoveries, are provided solely for the programs created in Engrossed Substitute House Bill No. 2082 (essential needs and assistance program) beginning November 1, 2011.

      (b) The department shall review clients receiving services through the aged, blind, or disabled assistance program, to determine whether they 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 continue the interagency agreement with the department of veterans' affairs to establish a process for referral of veterans who may be eligible for veterans' services.  This agreement must include out-stationing department of veterans' affairs staff in selected community service office locations in King and Pierce counties to facilitate applications for veterans' services.

      (((5))) (4) $1,657,000 of the general fund--state appropriation for fiscal year 2012 and $1,657,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for naturalization services.

      (((6))) (5) $2,366,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for refugee employment services, of which $1,774,000 is provided solely for the department to pass through to statewide refugee assistance organizations for limited English proficiency pathway services; and $2,366,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for refugee employment services, of which $1,774,000 is provided solely for the department to pass through to statewide refugee assistance organizations for limited English proficiency pathway services.

      (((7))) (6) On December 1, 2011, and annually thereafter, the department must report to the legislature on all sources of funding available for both refugee and immigrant services and naturalization services during the current fiscal year and the amounts expended to date by service type and funding source.  The report must also include the number of clients served and outcome data for the clients.

      (((8))) (7) To ensure expenditures remain within available funds appropriated in this section, the legislature establishes the benefit under the state food assistance program, pursuant to RCW 74.08A.120, to be fifty percent of the federal supplemental nutrition assistance program benefit amount.

Sec. 208.  2011 2nd sp.s. c 9 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 2012) (($74,287,000))

      $73,742,000

General Fund‑-State Appropriation (FY 2013) (($74,422,000))

      $71,218,000

General Fund‑-Federal Appropriation (($141,514,000))

      $184,401,000

 General Fund‑-Private/Local Appropriation (($2,086,000))

      $13,486,000

Criminal Justice Treatment Account‑-State

      Appropriation $20,748,000

Problem Gambling Account‑-State Appropriation $1,448,000

             TOTAL APPROPRIATION (($314,505,000))

      $365,043,000

 

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

      (1) Within the amounts appropriated in this section, the department may contract with the University of Washington and community-based providers for the provision of the parent-child assistance program.  For all contractors, indirect charges for administering the program shall not exceed ten percent of the total contract amount.

      (2) Within the amounts appropriated in this section, the department shall continue to provide for chemical dependency treatment services for adult medicaid eligible, pregnant and parenting women, disability lifeline, and alcoholism and drug addiction treatment and support act, and medical care services clients.

      (3) In accordance with RCW 70.96A.090 and 43.135.055, the department is authorized to increase fees for the review and approval of treatment programs in fiscal years 2012 and 2013 as necessary to support the costs of the regulatory program.  The department's fee schedule shall have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation.  To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower cost of licensing for these programs than for other organizations which are not accredited.

      (4) $3,500,000 of the general fund--federal appropriation (from the substance abuse prevention and treatment federal block grant) is provided solely for the continued funding of existing county drug and alcohol use prevention programs.

(5) Within amounts appropriated in this section, the department is required to increase federal match available for intensive inpatient services.  During fiscal year 2013, the department shall shift contracts for a minimum of 32 intensive inpatient beds currently provided in settings that are considered institutions for mental diseases to two or more facilities with no more than 16 beds that are able to claim federal match for services provided to medicaid clients or individuals covered under the department's section 1115 medicaid waiver.  The department is authorized to conduct a request for proposal process to fulfill this requirement.  By December 1, 2012, the department shall provide a plan to the office of financial management and to the relevant fiscal and policy committees of the legislature for transitioning all remaining intensive inpatient beds currently provided in settings that are considered institutions for mental diseases into facilities with no more than 16 beds by June 2017.  The plan shall identify the maximum number of additional beds that can be transitioned into facilities with no more than 16 beds during the 2013-2015 fiscal biennium and the remaining number that will be transitioned during the 2015-2017 fiscal biennium, a timeline and process for accomplishing this, and a projection of the related general fund--state savings for each biennium.
      (6) The amounts appropriated in this section include reductions of $303,000 in the general fund--state appropriation for fiscal year 2012 and $1,815,000 in the general fund--state appropriation for fiscal year 2013.  The department must apply this reduction across all levels of chemical dependency residential treatment services excluding services contracted through the counties, services provided to pregnant and parenting women, services provided to juveniles, and services provided to parents in dependency proceedings.

Sec. 209.  2011 2nd sp.s. c 9 s 209 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES-VOCATIONAL REHABILITATION PROGRAM

General Fund‑-State Appropriation (FY 2012) (($10,874,000))

      $10,854,000

General Fund‑-State Appropriation (FY 2013) (($10,861,000))

      $10,401,000

 General Fund‑-Federal Appropriation (($105,091,000))

      $105,060,000

Telecommunications Devices for the Hearing and

      Speech Impaired‑-State Appropriation $2,766,000

             TOTAL APPROPRIATION (($129,592,000))

      $129,081,000

 

      The appropriations in this section are subject to the following conditions and limitations:  $480,000 of the telecommunications devices for the hearing and speech impaired account--state appropriation is provided solely for the office of deaf and hard of hearing to contract for services that provide employment support and help with life activities for deaf-blind individuals in King county.

Sec. 210.  2011 2nd sp.s. c 9 s 210 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES-SPECIAL COMMITMENT PROGRAM

General Fund‑-State Appropriation (FY 2012) (($47,719,000))

      $48,167,000

General Fund‑-State Appropriation (FY 2013) (($46,292,000))

      $36,128,000

             TOTAL APPROPRIATION (($94,011,000))

      $84,295,000

Sec. 211.  2011 2nd sp.s. c 9 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 2012) (($26,125,000))

      $26,069,000

General Fund‑-State Appropriation (FY 2013) (($24,586,000))

      $24,474,000

General Fund‑-Federal Appropriation (($39,223,000))

      $39,550,000

General Fund‑-Private/Local Appropriation $2,116,000

Performance Audits of State Government--State

      Appropriation $4,812,000

             TOTAL APPROPRIATION (($96,862,000))

      $97,021,000

 

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

      (1) $300,000 of the general fund--state appropriation for fiscal year 2012 and $300,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state mentors program to continue its public-private partnerships to provide technical assistance and training to mentoring programs that serve at-risk youth.

      (2) $445,000 of the general fund--state appropriation for fiscal year 2012 and $445,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for funding of the teamchild project.

      (3) $178,000 of the general fund--state appropriation for fiscal year 2012 and $178,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the juvenile detention alternatives initiative.

      (4) $4,812,000 of the performance audits of state government--state appropriation is provided solely for support and expansion of the division of fraud investigation.  The division shall conduct investigatory and enforcement activities for all department programs, including the child support and TANF programs.

      (5) $1,400,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the department to distribute as support to community public health and safety networks that have a history of providing training and services related to adverse childhood experiences.  Distribution of these funds is contingent upon securing funding from a private entity or entities to provide one dollar in matching funds for each dollar in state funds received by a network so that the funding received by a community public health and safety network will be equal portions of state and private funding.

(6) $250,000 of the general fund--state appropriation for fiscal year 2013 is for the department to assist in the development of a public-private initiative that promotes innovative new approaches to prevention and mitigation of adverse childhood experiences.  The department shall, as part of the transition to a public-private initiative that leverages the community networks' community capacity building model and infrastructure:  (a) Assist community public health and safety networks in identifying and obtaining funding opportunities to assist local communities in achieving the purposes of networks and further developing community capacity; and (b) maintain centralized administrative services for the community network system in the office of the secretary to facilitate cross-agency and multi-sector partnership with community networks.
      (7) $250,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for a grant program focused on criminal street gang prevention and intervention.  The Washington state partnership council on juvenile justice may award grants under this subsection.  The council shall give priority to applicants who have demonstrated the greatest problems with criminal street gangs.  Applicants composed of, at a minimum, one or more local governmental entities and one or more nonprofit, nongovernmental organizations that have a documented history of creating and administering effective criminal street gang prevention and intervention programs may apply for funding under this subsection.
      (8) $113,000 of the general fund--state appropriation for fiscal year 2013 and $105,000 of the general fund--federal appropriation are provided solely for staffing costs associated with implementation of Engrossed Second Substitute House Bill No. 2536 (children services/delivery).  The amounts provided in this subsection must be used for coordinated evidence-based practice implementation amongst the department's programs providing mental health, child welfare, and juvenile justice services to children.  If Engrossed Second Substitute House Bill No. 2536 (children services/delivery) is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.

Sec. 212.  2011 2nd sp.s. c 9 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 2012) (($62,778,000))

      $62,140,000

General Fund‑-State Appropriation (FY 2013) (($61,927,000))

      $46,303,000

General Fund‑-Federal Appropriation (($58,400,000))

      $53,049,000

             TOTAL APPROPRIATION (($183,105,000))

      $161,492,000

 

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

      $469,000 of the general fund--state appropriation for fiscal year 2011 and $270,000 of the general fund--state appropriation for fiscal year 2012 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5921 (social services programs).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

Sec. 213.  2011 2nd sp.s. c 9 s 213 (uncodified) is amended to read as follows:

FOR THE STATE HEALTH CARE AUTHORITY

General Fund‑-State Appropriation (FY 2012) (($2,130,229,000))

      $2,034,296,000

General Fund‑-State Appropriation (FY 2013) (($2,185,617,000))

      $2,031,185,000

General Fund‑-Federal Appropriation (($5,389,627,000))

      $5,307,323,000

General Fund--Private/Local Appropriation (($45,512,000))

      $62,597,000

Emergency Medical Services and Trauma Care Systems

      Trust Account--State Appropriation $15,077,000

Hospital Safety Net Assessment Fund--State

      Appropriation (($394,905,000))

      $434,087,000

State Health Care Authority Administration Account‑-

      State Appropriation (($34,118,000))

      $34,040,000

Basic Health Plan Stabilization Account--

      State Appropriation $44,000,000

Medical Aid Account‑-State Appropriation $529,000

Medicaid Fraud Penalty Account--State Appropriation $9,200,000

             TOTAL APPROPRIATION (($10,239,614,000))

      $9,972,334,000

 

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

      (1) The appropriations to the authority in this act shall be expended for the purposes and in the amounts specified in this act.  To the extent that appropriations in this section are insufficient to fund actual expenditures in excess of caseload forecasts and utilization assumptions, the authority, after May 1, 2012, may transfer general fund--state appropriations for fiscal year 2012 that are provided solely for a specified purpose.  The authority shall not transfer funds, and the director of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds.  The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing seven days prior to approving any allotment modifications or transfers under this subsection.  The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.
      (2) 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 eligible to participate in the basic health plan as subsidized enrollees 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))) (3) The health care authority shall require organizations and individuals that are paid to deliver basic health plan services and that 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))) (4)(a) $1,200,000 of the general fund--state appropriation for fiscal year 2012 is provided solely to plan the implementation of a system of consolidated public school employee health benefits purchasing.

      It is the intent of the legislature to improve the administration, transparency, and equity in delivering a K-12 employees' health benefits system.  In addition, the legislature intends that any cost savings that result from changes to K-12 health benefits be dedicated to public schools.

      To further this legislative intent, the state health care authority shall develop a plan to implement a consolidated health benefits' system for K-12 employees for the 2013-14 school year.  The health care authority shall deliver a report to the legislature by December 15, 2011, that sets forth the implementation plan to the ways and means committees of the house of representatives and the senate.

      (b) The report prepared by the health care authority shall compare and contrast the costs and benefits, both long and short term, of:

      (i) The current K-12 health benefits system;

      (ii) A new K-12 employee benefits pool; and

      (iii) Enrolling K-12 employees into the health benefits pool for state employees.

      (c) In addition to the implementation plan, the report shall include the following information:

      (i) The costs and benefits of the current K-12 health benefits system;

      (ii) The costs and benefits of providing a new statewide K-12 employees' health benefits pool to school districts and school employees;

      (iii) The costs and benefits of enrolling K-12 employees into the existing health benefits pool for state employees;

      (iv) Recommendations of ways to limit administrative duplication and costs, improve transparency to employees, the legislature, and the public and assure equity among beneficiaries of publicly provided employee health benefits;

      (v) Recommendations for standardizing benefit packages and purchasing efforts in a manner that seeks to maximize funding and equity for all school employees;

      (vi) Recommendations regarding the use of incentives, including how changes to state health benefit allocations could provide employees with benefits that would encourage participation;

      (vii) Recommendations regarding the implementation of a new K-12  employee benefit plan, with separate options for voluntary participation and mandatory statewide participation;

      (viii) Recommendations regarding methods to reduce inequities between individual and family coverage;

      (ix) Consolidation of the purchasing and budget accountability for school employee benefits to maximize administrative efficiency and leverage existing skills and resources; and

      (x) Other details the health care authority deems necessary, including but not limited to recommendations on the following:

      (A) Approaches for implementing the transition to a statewide pool, including administrative and statutory changes necessary to ensure a successful transition, and whether the pool should be separate from, or combined with, the public employees' benefits pool;

      (B) The structure of a permanent governing group to provide ongoing oversight to the consolidated pool, in a manner similar to the public employees benefits board functions for employee health benefits, including statutory duties and authorities of the board; and

      (C) Options for including potential changes to:  Eligibility standardization, the public employees benefits risk pools, the movement of school employee retirees into the new K-12 pool or pools, and the movement of educational service district employees into the new K-12 pool or pools.

      (d) In determining its costs and benefits of a new statewide K-12 employees' health benefits pool for school districts and school employees, the health care authority shall assume the following:

      (i) School district enrollees must constitute an entire bargaining unit, or an entire group of nonrepresented employees;

      (ii) Staffing and administration for benefits purchasing shall be provided by the health care authority; and

      (iii) The new K-12 pool would operate on a schedule that coordinates with the financing and enrollment schedule used for school districts.

      (e) The office of the superintendent of public instruction and the office of the insurance commissioner shall provide information and technical assistance to the health care authority as requested by the health care authority.  The health care authority shall not implement the new school employee benefits pool until authorized to do so by the legislature.

      (((4))) (5) 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).

      (((5))) (6) Enrollment in the subsidized basic health plan shall be limited to only include persons who qualify as subsidized enrollees as defined in RCW 70.47.020 and who (a) qualify for services under 1115 medicaid demonstration project number 11-W-00254/10; or (b) are foster parents licensed under chapter 74.15 RCW.

      (((6))) (7) $23,700,000 of the general fund--federal appropriation is provided solely for planning and implementation of a health benefit exchange under the federal patient protection and affordable care act.  Within the amounts provided in this subsection, funds used by the authority for information technology projects are conditioned on the authority satisfying the requirements of Engrossed Second Substitute Senate Bill No. 5931 (central service agencies).

      (((7))) (8) Based on quarterly expenditure reports and caseload forecasts, if the health care authority estimates that expenditures for the medical assistance program will exceed the appropriations, the health care authority 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.

      (((8))) (9) In determining financial eligibility for medicaid- funded services, the health care authority is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.

      (((9))) (10) 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.

      (((10))) (11) When a person is ineligible for medicaid solely by reason of residence in an institution for mental diseases, the health care authority 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.

      (((11))) (12) $4,261,000 of the general fund--state appropriation for fiscal year 2012, $4,261,000 of the general fund--state appropriation for fiscal year 2013, and $8,522,000 of the general fund--federal appropriation are provided solely for low-income disproportionate share hospital payments under RCW 74.09.730(1)(a).

      (((12) $5,905,000 of the general fund--state appropriation for fiscal year 2012, $5,905,000 of the general fund--state appropriation for fiscal year 2013, and $11,810,000 of the general fund--federal appropriation are provided solely for nonrural indigent assistance disproportionate share hospital payments in accordance with RCW 74.09.730(1).
      (13) $665,000 of the general fund--state appropriation for fiscal year 2012, $665,000 of the general fund--state appropriation for fiscal year 2013, and $1,330,000 of the general fund--federal appropriation are provided solely for small rural indigent assistance disproportionate share hospital payments in accordance with RCW 74.09.730(1).
      (14))) (13) $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.  The supplemental payments are subject to retrospective interim and final cost settlements based on the nursing homes' as-filed and final medicare cost reports.  The timing of the interim and final cost settlements shall be at the health care authority's discretion.  During either the interim cost settlement or the final cost settlement, the health care authority shall recoup from the public hospital districts the supplemental payments that exceed the medicaid cost limit and/or the medicare upper payment limit.  The health care authority shall apply federal rules for identifying the eligible incurred medicaid costs and the medicare upper payment limit.

      (((15))) (14) The health care authority shall continue the inpatient hospital certified public expenditures program for the 2011- 2013 fiscal 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.  The health care authority shall submit reports to the governor and legislature by November 1, 2011, and by November 1, 2012, that evaluate whether savings continue to exceed costs for this program.  If the certified public expenditures (CPE) program in its current form is no longer cost-effective to maintain, the health care authority shall submit a report to the governor and legislature detailing cost-effective alternative uses of local, state, and federal resources as a replacement for this program.  During fiscal year 2012 and fiscal year 2013, hospitals in the program shall be paid and shall retain one hundred percent of the federal portion of the allowable hospital cost for each medicaid inpatient fee-for-service claim payable by medical assistance and one hundred percent of the federal portion of the maximum disproportionate share hospital payment allowable under federal regulations.  Inpatient medicaid payments shall be established using an allowable methodology that approximates the cost of claims submitted by the hospitals.  Payments made to each hospital in the program in each fiscal year of the biennium shall be compared to a baseline amount.  The baseline amount will be determined by the total of (a) the inpatient claim payment amounts that would have been paid during the fiscal year had the hospital not been in the CPE program based on the  reimbursement rates developed, implemented, and consistent with policies approved in the 2011-13 biennial operating appropriations act and in effect on July 1, 2011, (b) one half of the indigent assistance disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005, and (c) all of the other disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005 to the extent the same disproportionate share hospital programs exist in the 2011-13 biennium.  If payments during the fiscal year exceed the hospital's baseline amount, no additional payments will be made to the hospital except the federal portion of allowable disproportionate share hospital payments for which the hospital can certify allowable match.  If payments during the fiscal year are less than the baseline amount, the hospital will be paid a state grant equal to the difference between payments during the fiscal year and the applicable baseline amount.  Payment of the state grant shall be made in the applicable fiscal year and distributed in monthly payments.  The grants will be recalculated and redistributed as the baseline is updated during the fiscal year.  The grant payments are subject to an interim settlement within eleven months after the end of the fiscal year.  A final settlement shall be performed.  To the extent that either settlement determines that a hospital has received funds in excess of what it would have received as described in this subsection, the hospital must repay the excess amounts to the state when requested.  (($24,677,000)) $8,102,000 of the general fund--state appropriation for fiscal year 2012, of which $6,570,000 is appropriated in section 204(1) of this act, and (($21,531,000)) $3,162,000 of the general fund--state appropriation for fiscal year 2013, of which $6,570,000 is appropriated in section 204(1) of this act, are provided solely for state grants for the participating hospitals.  CPE hospitals will receive the inpatient and outpatient reimbursement rate restorations in RCW 74.60.080 and rate increases in RCW 74.60.090 funded through the hospital safety net assessment fund rather than through the baseline mechanism specified in this subsection.

      (((16))) (15) The health care authority shall seek public-private partnerships and federal funds that are or may become available to provide on-going support for outreach and education efforts under the federal children's health insurance program reauthorization act of 2009.

      (((17))) (16) The health care authority shall target funding for maternity support services towards pregnant women with factors that lead to higher rates of poor birth outcomes, including hypertension, a preterm or low birth weight birth in the most recent previous birth, a cognitive deficit or developmental disability, substance abuse, severe mental illness, unhealthy weight or failure to gain weight, tobacco use, or African American or Native American race.  The health care authority shall prioritize evidence-based practices for delivery of maternity support services.  To the extent practicable, the health care authority shall develop a mechanism to increase federal funding for maternity support services by leveraging local public funding for those services.

      (((18))) (17) For children with family incomes above 200 percent of the federal poverty level in the state-funded children's health program for children who are not eligible for coverage under the federally funded children's health insurance program, premiums shall be set every two years in an amount equal to the average state-only share of the per capita cost of coverage in the state-funded children's health program  for children in families with incomes at or less than two hundred percent of the federal poverty level.

      (((19) $704,000 of the general fund--state appropriation for fiscal year 2012, $726,000 of the general fund--state appropriation for fiscal year 2013, and $1,431,000 of the general fund--federal appropriation are provided solely for)) (18) Within the amounts appropriated in this section, the health care authority shall provide disproportionate share hospital payments to hospitals that provide services to children in the children's health program who are not eligible for services under Title XIX or XXI of the federal social security act due to their citizenship status.

      (((20) $998,000)) (19) $859,000 of the general fund--state appropriation for fiscal year 2012, $979,000 of the general fund--state appropriation for fiscal year 2013, and (($1,980,000)) $1,841,000 of the general fund--federal appropriation are provided solely to increase prior authorization activities for advanced imaging procedures.

      (((21) $249,000)) (20) $196,000 of the general fund--state appropriation for fiscal year 2012, $246,000 of the general fund--state appropriation for fiscal year 2013, and (($495,000)) $442,000 of the general fund--federal appropriation are provided solely to increase prior authorization activities for surgical procedures, which may include orthopedic procedures, spinal procedures and interventions, and nerve procedures.

      (((22))) (21) $300,000 of the general fund--private/local appropriation and $300,000 of the general fund--federal appropriation are provided solely for a prescriptive practices improvement collaborative focusing upon atypical antipsychotics and other medications commonly used in the treatment of severe and persistent mental illnesses among adults.  The project shall promote collaboration among community mental health centers, other major prescribers of atypical antipsychotic medications to adults enrolled in state medical assistance programs, and psychiatrists, pharmacists, and other specialists at the University of Washington department of psychiatry and/or other research universities.  The collaboration shall include patient-specific prescriber consultations by psychiatrists and pharmacists specializing in treatment of severe and persistent mental illnesses among adults; production of profiles to assist prescribers and clinics in tracking their prescriptive practices and their patients' medication use and adherence relative to evidence-based practices guidelines, other prescribers, and patients at other clinics; and in-service seminars at which participants can share and increase their knowledge of evidence-based and other effective prescriptive practices.  The health care authority shall enter into an interagency agreement with the office of the attorney general for expenditure of $300,000 of the state's proceeds of the cy pres settlement in State of Washington v. AstraZeneca (Seroquel) for this purpose.

      (((23))) (22) $570,000 of the general fund--private/local appropriation is provided solely for continued operation of the partnership access line for child mental health consultations.  The health care authority shall enter into an interagency agreement with the office of the attorney general for expenditure of $570,000 of the state's proceeds of the cy pres settlement in State of Washingtonv. AstraZeneca (Seroquel) for this purpose.

      (((24))) (23) $80,000 of the general fund--state appropriation for fiscal year 2012, $80,000 of the general fund--state appropriation for fiscal year 2013, and $160,000 of the general fund--federal appropriation are provided solely to fund the Tacoma-Pierce county health department for access and outreach activities to reduce infant mortality.

      (((25))) (24) $75,000 of the general fund--state appropriation for fiscal year 2012, $75,000 of the general fund--state appropriation for fiscal year 2013, and $150,000 of the general fund--federal appropriation are provided solely to assist with development and implementation of evidence-based strategies regarding the appropriate, safe, and effective role of C-section surgeries and early induced labor in births and neonatal care.  The strategies shall be identified and implemented in consultation with clinical research specialists, physicians, hospitals, advanced registered nurse practitioners, and organizations concerned with maternal and child health.

      (((26) $2,400,000 of the general fund--state appropriation for fiscal year 2012, $2,435,000 of the general fund--state appropriation for fiscal year 2013, $7,253,000 of the general fund--private/local appropriation, and $12,455,000 of the general fund--federal appropriation are provided solely for continued provision of)) (25) Within the amounts appropriated in this section, the health care authority shall continue to provide school-based medical services by means of an intergovernmental transfer arrangement.  Under the arrangement, the state shall provide forty percent and school districts sixty percent of the nonfederal matching funds required for receipt of federal medicaid funding for the service.

      (((27))) (26) $263,000 of the general fund--state appropriation for fiscal year 2012, $88,000 of the general fund--state appropriation for fiscal  year 2013, and $351,000 of the general fund--federal appropriation are provided solely for development and submission to the federal government by October 1, 2011, of a demonstration project proposal as provided in Substitute Senate Bill No. 5596 (medicaid demonstration waiver).

      (((28) $5,600,000 of the general fund--state appropriation for fiscal year 2012, $4,094,000 of the general fund--state appropriation for fiscal year 2013, and $11,332,000 of the general fund--federal appropriation are provided solely for)) (27) Within the amounts appropriated in this section, the health care authority shall provide spoken-language interpreter services.  The authority shall develop and implement a new model for delivery of such services no later than ((January)) July 1, 2012.  The model shall include:

      (a) Development by the authority in consultation with subject-area experts of guidelines to assist medical practitioners identify the circumstances under which it is appropriate to use telephonic or video- remote interpreting;

      (b) The requirement that the state contract with delivery organizations, including foreign language agencies, who employ or subcontract only with language access providers or interpreters working in the state who are certified or authorized by the state.  When a state-certified or state-authorized in-state language access provider or interpreter is not available, the delivery organization, including foreign language agencies, may use a provider with other certifications or qualifications deemed to meet state standards, including interpreters in other states; and

      (c) Provision of a secure, web-based tool that medical practitioners will use to schedule appointments for interpreter  services and to identify the most appropriate, cost-effective method of service delivery in accordance with the state guidelines.

      Nothing in this subsection affects the ability of health care providers to provide interpretive services through employed staff or through telephone and video remote technologies when not reimbursed directly by the department.  The amounts in this subsection do not include federal administrative funds provided to match nonstate expenditures by local health jurisdictions and governmental hospitals.

      (((29))) (28) In its procurement of contractors for delivery of medical managed care services for nondisabled, nonelderly persons, the medical assistance program shall (a) place substantial emphasis upon price competition in the selection of successful bidders; and (b) not require delivery of any services that would increase the actuarial cost of service beyond the levels included in current healthy options contracts.

      (((30))) (29) $1,430,000 of the general fund--state appropriation for fiscal year 2012, $1,430,000 of the general fund--state appropriation for fiscal year 2013, and $2,860,000 of the general fund--federal appropriation are provided solely to pay federally-designated rural health clinics their standard encounter rate for prenatal and well-child visits, whether delivered under a managed care contract or fee-for-service.  In reconciling managed care enhancement payments for calendar years 2009 and 2010, the department shall treat well-child and prenatal care visits as encounters subject to the clinic's encounter rate.

      (((31))) (30) $280,000 of the general fund--state appropriation for fiscal year 2012 and $282,000 of the general fund--federal appropriation are provided solely to increase utilization management of drugs and drug classes for which there is evidence of over-utilization, off-label use, excessive dosing, duplicative therapy, or opportunities to shift utilization to less expensive, equally effective formulations.

      (((32))) (31) $70,000 of the general fund--state appropriation for fiscal year 2012, $70,000 of the general fund--state appropriation for fiscal year 2013, and $140,000 of the general fund--federal appropriation are  provided solely to continue operation by a nonprofit organization of a toll-free hotline that assists families to learn about and enroll in the apple health for kids program.

      (((33))) (32) $400,000 of the general fund--state appropriation for fiscal year 2012 and $400,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the local outreach, case management, and coordination with dental providers needed to execute the access to baby and child dentistry program, which provides dental care to Medicaid eligible children up to age six.

      (((34) $1,868,000 of the general fund--state appropriation for fiscal year 2012, $1,873,000 of the general fund--state appropriation for fiscal year 2013, and $3,154,000 of the general fund--federal appropriation are provided solely to)) (33) Within the amounts appropriated in this section, the health care authority shall continue to provide dental services to pregnant women.  Services shall include preventive, routine, and emergent dental care.

      (((35))) (34) $395,000 of the general fund--state appropriation for fiscal year 2012, $395,000 of the general fund--state appropriation for fiscal year 2013, and $790,000 of the general fund--federal appropriation are  provided solely for continued operation of the dental education in care of persons with disabilities (DECOD) program at the University of Washington.

      (((36) $112,000)) (35) $159,000 of the general fund--state appropriation for fiscal year 2012, (($112,000 of the general fund-- state appropriation for fiscal year 2013,)) $302,000 of the general fund--private/local appropriation, and (($1,928,000)) $146,072,000 of the general fund--federal appropriation are provided solely for the provider incentive program and other initiatives related to the health information technology Medicaid plan.  The general fund--private/local appropriation in this subsection shall be funded with proceeds from settlements in the case of State of Washington vs. GlaxoSmithKline.  The authority and the office of the attorney general shall enter an interagency agreement regarding use of these funds.

      (((37))) (36) $2,926,000 of the general fund--local appropriation and $2,928,000 of the general fund--federal appropriation are provided solely to support medical airlift services.

      (((38))) (37) The authority shall collect data on enrollment and utilization to study whether the expansion of family planning coverage under Substitute Senate Bill No. 5912 is reducing state medical expenditures by reducing unwanted pregnancies.  The authority shall report its findings to the legislature by December 1, 2012.

      (((39))) (38) $480,000 of the general fund--state appropriation for fiscal year 2012, $480,000 of the general fund--state appropriation for fiscal year 2013, and $824,000 of the general fund--federal appropriation are provided solely for customer services staff.  The authority will attempt to improve the phone answer rate to 40 percent and reduce the response times to written questions to ten days for clients and 25 days for providers.  The authority will report to the legislature on its progress toward achieving these goals by January 1, 2012.  If the authority has not achieved these goals by July 1, 2012, then the authority shall reduce expenditures on management staff in order to increase expenditures on customer service staff until the goals are achieved.

      (((40))) (39) The department shall purchase a brand name drug when it determines that the cost of the brand name drug after rebates is less than the cost of generic alternatives and that purchase of the brand rather than generic version can save at least $250,000.  The department  may purchase generic alternatives when changes in market prices make the price of the brand name drug after rebates more expensive than the generic alternatives.

      (((41) The department shall collaborate closely with the Washington state hospital and medical associations in identification of the diagnostic codes and retroactive review procedures that will be used to determine whether an emergency room visit is a nonemergency condition to assure that conditions that require emergency treatment continue to be covered.))

(40) The authority, in collaboration with the department of social and health services, the department of health, the Washington state hospital association, the Puget Sound health alliance, the Washington association of community and migrant health centers, and the forum, a collaboration of health carriers, physicians, and hospitals in Washington state, shall design a system of rural health system access and quality incentive payments.  The incentive payments must be linked to explicit performance measures that consider not only services provided by health care providers, but also the role that providers might play in the rural health delivery systems in their communities, including the provision of long-term care services.  In designing the incentive payment system, the authority shall consider the department of health's necessary provider criteria for critical access hospitals, the quality measures used to determine quality incentive payments under RCW 74.60.130, and any other performance measures that would promote access and quality in rural health systems.  The authority, in conjunction with those groups identified in this subsection, shall develop parameters for determining criteria for increased payment, alternative payment methodologies, or other incentives for those providers that improve and achieve sustained improvement with respect to the measures.  The design of the system shall be submitted to the relevant policy and fiscal committees of the legislature by December 15, 2012.
      (41) $150,000 of the general fund--state appropriation for fiscal year 2012 and $1,964,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to implement Engrossed Second Substitute House Bill No. 2319 (affordable care act).  If the bill is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.
      (42) $1,109,000 of the general fund--state appropriation for fiscal year 2012, $1,471,000 of the general fund--state appropriation for fiscal year 2013, and $21,890,000 of the general fund--federal appropriation are provided solely to implement phase two of the project to create a single provider payment system that consolidates medicaid medical and social services payments and replaces the social service payment system.
      (43) In order to achieve the twelve percent reduction in emergency room expenditures in the fiscal year 2013 appropriations provided in this section, the authority, in consultation with the Washington state hospital association, the Washington state medical association, and the Washington chapter of the American college of emergency physicians shall designate best practices and performance measures to reduce medically unnecessary emergency room visits of medicaid clients.  The Washington state hospital association, the Washington state medical association, and the Washington chapter of the American college of emergency physicians will work with the authority to promote these best practices.  The best practices and performance measures shall consist of the following items:
      (a) Adoption of a system to exchange patient information among emergency room departments on a regional or statewide basis;
      (b) Active dissemination of patient educational materials produced by the Washington state hospital association, Washington state medical association, and the Washington chapter of the American college of emergency physicians that instruct patients on appropriate facilities for nonemergent health care needs;
      (c) Designation of hospital personnel and emergency room physician personnel to receive and appropriately disseminate information on clients participating in the medicaid patient review and coordination program and to review monthly utilization reports on those clients provided by the authority;
      (d) A process to assist the authority's patient review and coordination program clients with their care plans.  The process must include substantial efforts by hospitals to schedule an appointment with the client's assigned primary care provider within seventy-two hours of the client's medically unnecessary emergency room visit when appropriate under the client's care plan;
      (e) Implementation of narcotic guidelines that incorporate the Washington chapter of the American college of emergency physician guidelines;
      (f) Physician enrollment in the state's prescription monitoring program, as long as the program is funded; and
      (g) Designation of a hospital emergency department physician responsible for reviewing the state's medicaid utilization management feedback reports, which will include defined performance measures.  The emergency department physician and hospital will have a process to take appropriate action in response to the information in the feedback reports if performance measures are not met.  The authority must develop feedback reports that include timely emergency room utilization data such as visit rates, medically unnecessary visit rates (by hospital and by client), emergency department imaging utilization rates, and other measures as needed.  The authority may utilize the Robert Bree collaborative for assistance related to this best practice.
      The requirements for best practices for a critical access hospital should not include adoption of a system to exchange patient information if doing so would pose a financial burden, and should not include requirements related to the authority's patient review and coordination program if the volume of those patients seen at the critical access hospital are small.
      Hospitals participating in this medicaid best practices program shall submit to the authority a declaration from executive level leadership indicating hospital adoption of and compliance with the best practices enumerated above.  In the declaration, hospitals will affirm that they have in place written policies, procedures, or guidelines to implement these best practices and are willing to share them upon request.  The declaration must also give consent for the authority to disclose feedback reports and performance measures on its web site.  The authority shall submit a list of declaring hospitals to the relevant policy and fiscal committees of the legislature by July 15, 2012.
      If the authority does not receive by July 1, 2012, declarations from hospitals representing at least seventy-five percent of emergency room visits by medicaid clients in fiscal year 2010, the authority may implement a policy of nonpayment of medically unnecessary emergency room visits, with appropriate client and clinical safeguards such as exemptions and expedited prior authorization.  The authority shall by January 15, 2013, perform a preliminary fiscal analysis of trends in implementing the best practices in this subsection, focusing on outlier hospitals with high rates of unnecessary visits by medicaid clients, high emergency room visit rates for patient review and coordination clients, low rates of completion of treatment plans for patient review and coordination clients assigned to the hospital, and high rates of prescribed long-acting opiates.  In cooperation with the leadership of the hospital, medical, and emergency physician associations, additional efforts shall be focused on assisting those outlier hospitals and providers to achieve more substantial savings.  The authority by January 15, 2013, will report to the legislature about whether assumed savings based on preliminary trend and forecasted data are on target and if additional best practices or other actions need to be implemented.
      If necessary, pursuant to RCW 34.05.350(1)(c), the authority may employ emergency rulemaking to achieve the reductions assumed in the appropriations under this section.
      Nothing in this subsection shall in any way impact the authority's ability to adopt and implement policies pertaining to the patient review and coordination program.
      (44) $25,000 of the hospital safety net assessment--state appropriation and $25,000 of the general fund--federal appropriation are provided solely for the authority to review and report on the payment of facility fees in programs administered by the authority.  The study shall include a summary of state and federal requirements and practices with regard to the use of such fees; an analysis of how authority payments for services and procedures that include an explicit facility fee component compare to amounts paid for comparable services and procedures that do not; the amount expended for facility fees by major program and service in each of the four most recent years for which reasonably complete and comparable information is available; an analysis of the extent to which hospital acquisition of physician practices and of laboratory, imaging, and other outpatient diagnostic and treatment services has contributed to increased state expenditures; and the authority's recommendations regarding possible revisions to calculation and payment of such fees.  The authority shall report its finding and recommendations to the health care and appropriate fiscal committees of the legislature by November 1, 2012.
      (45) Prior to entering into a contract for medicaid managed care services for the period commencing July 1, 2012, the director of the health care authority shall certify to the governor and to the health care committees of the legislature that the contractor has established a network of acute, primary, and specialty care providers that is sufficient to meet the needs of the contractor's anticipated enrollee population.  If no plan is able to certify an adequate provider network in a county, the health care authority shall request re-bids from all plans which originally submitted bids for the county during the regular procurement process until award is successful.  No county, that is currently served by Medicaid managed care services shall revert to fee-for-service as a result of the procurement process.
      (46) The department shall seek a medicaid state plan amendment to create a graduate medical education supplemental payment for services delivered to managed care recipients by University of Washington medicine and other public professional providers.  This program shall be effective as soon as administratively possible and shall operate concurrently with the existing professional services supplemental payment program.  Providers that participate in the graduate medical education supplemental payment program are not eligible to participate in the professional services supplemental payment program.  The department shall apply federal rules for identifying the difference between current physician encounter and fee-for-service medicaid payments to participating providers and the applicable federal upper payment limit.  Participating providers shall be solely responsible for providing the local funds required to obtain federal matching funds.  Any incremental costs incurred by the department in the development, implementation, and maintenance of this program shall be the responsibility of the participating providers.  Participating providers shall retain the full amount of supplemental payments provided under this program, net of any costs related to the program that are disallowed due to audits or litigation against the state.
      (47) The authority shall exclude antiretroviral drugs used to treat HIV/AIDS, anticancer medication that is used to kill or slow the growth of cancerous cells, antihemophilic drugs, insulin and other drugs to lower blood glucose, and immunosuppressive drugs from any formulary limitations implemented to operate within the appropriations provided in this section.
      (48) If Engrossed Substitute Senate Bill No. 5978 (medicaid fraud) is not enacted by June 30, 2012, the amounts appropriated in this section from the medicaid fraud penalty account--state appropriation shall lapse and an additional $3,608,000 shall be appropriated from the general fund--state for fiscal year 2013 for medicaid services, fraud detection and prevention activities, recovery of improper payments, and for other medicaid fraud enforcement activities.
      (49) The authority may pursue a competitive bidding process for the purchase of lowest cost generic drugs within the medicaid program.
      (50) Within the amounts appropriated in this section, the health care authority and the department of social and health services shall implement the state option to provide health homes for enrollees with chronic conditions under section 2703 of the federal affordable care act.  The total state match for enrollees who are dually-eligible for both medicare and medicaid and not enrolled in managed care shall be no more than the net savings to the state from the enhanced match rate for its medicaid-only managed care enrollees under section 2703.
      (51) The health care authority shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law.  The health care authority 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 health care authority 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.
      (52) $66,000 of the general fund--state appropriation for fiscal year 2013 and $66,000 of the general fund--federal appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 2536 (children services/delivery).  The department of social and health services' programs responsible for administration of mental health, child welfare, and juvenile justice programs will coordinate with the health care authority on the development of contract terms which facilitate efforts to meet requirements of the bill.  If the bill is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.
      (53) The health care authority shall participate in the work group established by the department of corrections in section 220(2) of this act to review release options for elderly and infirm offenders.
      (54) $35,000 of the general fund--state appropriation for fiscal year 2013 and $35,000 of the general fund--federal appropriation are provided solely for development of a new payment and managed care enhancement reconciliation methodology for rural health clinics.  The new methodology shall to the greatest possible extent increase administrative simplicity for the rural health clinics; increase transparency, efficiency, and predictability for the clinics; and shorten the time elapsing between initial payment and final reconciliation.  The new methodology shall be developed in consultation with the rural health clinic association, staff from the office of financial management and the legislative fiscal committees, and the federal centers for medicare and medicaid services.  The authority shall contract with a consultant acceptable to the rural health clinic association to assist in preparation of the new methodology, and shall report to the governor and appropriate committees of the legislature by December 1, 2012, on the proposed alternative payment and reconciliation methodology.

Sec. 214.  2011 1st sp.s. c 50 s 214 (uncodified) is amended to read as follows:

FOR THE HUMAN RIGHTS COMMISSION

General Fund‑-State Appropriation (FY 2012) (($2,240,000))

      $1,993,000

General Fund‑-State Appropriation (FY 2013) (($2,242,000))

      $1,954,000

General Fund‑-Federal Appropriation (($1,903,000))

      $1,893,000

             TOTAL APPROPRIATION (($6,385,000))

      $5,840,000

Sec. 215.  2011 2nd sp.s. c 9 s 214 (uncodified) is amended to read as follows:

FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS

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

      Appropriation $10,000

Accident Account‑-State Appropriation (($19,690,000))

      $19,598,000

Medical Aid Account‑-State Appropriation (($19,689,000))

      $19,601,000

             TOTAL APPROPRIATION (($39,389,000))

      $39,209,000

 

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

      (1) $36,000 of the accident account--state appropriation and $36,000 of the medical aid account--state appropriation are solely provided for Engrossed Substitute Senate Bill No. 5068 (industrial safety and health act).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (2) $16,000 of the accident account--state appropriation and $16,000 of the medical aid account--state appropriation are solely provided for Substitute Senate Bill No. 5801 (industrial insurance system).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (3) $1,893,000 of the accident account--state appropriation and $1,893,000 of the medical aid account--state appropriation are provided solely for implementation of House Bill No. 2123 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

Sec. 216.  2011 2nd sp.s. c 9 s 215 (uncodified) is amended to read as follows:

FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

General Fund‑-State Appropriation (FY 2012) (($14,850,000))

      $14,589,000

General Fund‑-State Appropriation (FY 2013) (($14,711,000))

      $14,147,000

General Fund--Federal Appropriation $456,000

General Fund--Private/Local Appropriation $4,048,000

Death Investigations Account‑-State Appropriation $148,000

Municipal Criminal Justice Assistance Account‑-

      State Appropriation $460,000

Washington Auto Theft Prevention Authority Account‑-

      State Appropriation $8,597,000

             TOTAL APPROPRIATION (($43,270,000))

      $42,445,000

 

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

      (1) $5,000,000 of the general fund--state appropriation for fiscal year 2012 and $5,000,000 of the general fund--state appropriation for fiscal year 2013, are provided to the Washington association of sheriffs and police chiefs solely to verify the address and residency of registered sex offenders and kidnapping offenders under RCW 9A.44.130.

      (2) $321,000 of the general fund--local appropriation is provided solely to purchase ammunition for the basic law enforcement academy.  Jurisdictions shall reimburse to the criminal justice training commission the costs of ammunition, based on the average cost of ammunition per cadet, for cadets that they enroll in the basic law enforcement academy.

      (3) The criminal justice training commission may not run a basic law enforcement academy class of fewer than 30 students.

      (4) $100,000 of the general fund--state appropriation for fiscal year 2012 and $100,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a school safety program.  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 hired after the effective date of this section.

      (5) $96,000 of the general fund--state appropriation for fiscal year 2012 and (($90,000)) $96,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the school safety center within the commission.  The safety center shall act as an information dissemination and resource center when an incident occurs in a school district in Washington or in another state, coordinate activities relating to school safety, and review and approve manuals and curricula used for school safety models and training.  Through an interagency agreement, the commission shall provide funding for the office of the superintendent of public instruction to continue to develop and maintain a school safety information web site.  The school safety center advisory committee shall develop and revise the training program, using the best practices in school safety, for all school safety personnel.  The commission shall provide research-related programs in school safety and security issues beneficial to both law enforcement and schools.

      (6) $1,000,000 of the general fund--state appropriation for fiscal year 2012 and $1,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for grants to counties enforcing illegal drug laws and which have been underserved by federally funded state narcotics task forces.  The Washington association of sheriffs and police chiefs, the Washington association of prosecuting attorneys, and the Washington association of county officials shall jointly develop funding allocations for the offices of the county sheriff, county prosecutor, and county clerk in qualifying counties.  The commission shall not impose an administrative cost on this program.

Sec. 217.  2011 2nd sp.s. c 9 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LABOR AND INDUSTRIES

General Fund‑-State Appropriation (FY 2012) (($17,433,000))

      $17,406,000

General Fund‑-State Appropriation (FY 2013) (($18,374,000))

      $17,906,000

General Fund‑-Federal Appropriation $11,636,000

Asbestos Account‑-State Appropriation (($395,000))

      $375,000

Electrical License Account‑-State Appropriation (($37,019,000))

      $36,357,000

Farm Labor Revolving Account‑-Private/Local Appropriation $28,000

Worker and Community Right-to-Know Account‑-

      State Appropriation (($949,000))

      $916,000

Public Works Administration Account‑-State

      Appropriation (($6,814,000))

      $7,043,000

Manufactured Home Installation Training Account‑-

      State Appropriation $334,000

 Accident Account‑-State Appropriation (($252,809,000))

      $250,317,000

Accident Account‑-Federal Appropriation $13,622,000

Medical Aid Account‑-State Appropriation (($264,202,000))

      $262,421,000

Medical Aid Account‑-Federal Appropriation $3,186,000

Plumbing Certificate Account‑-State Appropriation (($1,688,000))

      $1,675,000

Pressure Systems Safety Account‑-State

      Appropriation (($4,068,000))

      $4,050,000

             TOTAL APPROPRIATION (($632,557,000))

      $627,272,000

 

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

      (1) Pursuant to RCW 43.135.055, the department is authorized to increase fees related to factory assembled structures, contractor registration, electricians, plumbers, asbestos removal, boilers, elevators, and manufactured home installers.  Plumber fees may be increased each year of the fiscal biennium.  These increases are  necessary to support expenditures authorized in this section, consistent with chapters 43.22, 18.27, 19.28, and 18.106 RCW, RCW 49.26.130, and chapters 70.79, 70.87, and 43.22A RCW.

      (2) $50,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the crime victims compensation program to pay claims for mental health services for crime victim compensation program clients who have an established relationship with a mental health provider and subsequently obtain coverage under the medicaid program or the medical care services program under chapter 74.09 RCW.  Prior to making such payment, the program must have determined that payment for the specific treatment or provider is not available under the medicaid or medical care services program.  In addition, the program shall make efforts to contact any healthy options or medical care services health plan in which the client may be enrolled to help the client obtain authorization to pay the claim on an out-of-network basis.

      (3) $1,281,000 of the accident account--state appropriation and $1,281,000 of the medical aid account--state appropriation are provided solely for implementation of Engrossed Substitute House Bill No. 1725 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (4) $51,000 of the accident account--state appropriation and $51,000 of the medical aid account--state appropriation are provided solely for implementation of Engrossed Substitute House Bill No. 1367 (for hire vehicles, operators).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (5) $8,727,000 of the medical aid account--state appropriation is provided solely for implementation of Substitute Senate Bill No. 5801 (industrial insurance system).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (6) $625,000 of the general fund--state appropriation for fiscal year 2012, $625,000 of the general fund--state appropriation for fiscal  year 2013, $1,250,000 of the public works administration account--state appropriation, $708,000 of the accident account--state appropriation, and $708,000 of the medical aid account--state appropriation are provided solely for the purposes of expanding the detecting unregistered employers targeting system and to support field staff in investigation and enforcement.  Within the funds appropriated in this subsection, the department shall aggressively combat the underground economy in construction.  Of the amounts provided in this subsection, $800,000 shall be used for investigation and enforcement.

      (7) $8,583,000 of the accident account--state appropriation and $18,278,000 of the medical aid account--state appropriation are provided solely for implementation of House Bill No. 2123 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

(8) $90,000 of the public works administration account--state appropriation is provided solely to implement Substitute Senate Bill No. 6421 (prevailing wage/public works).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (9) $34,000 of the electrical license account--state appropriation is provided solely to implement Senate Bill No. 6133 (electrician certifications).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 218.  2011 2nd sp.s. c 9 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF VETERANS AFFAIRS

      (1) HEADQUARTERS

General Fund‑-State Appropriation (FY 2012) (($1,832,000))

      $1,829,000

General Fund‑-State Appropriation (FY 2013) (($1,826,000))

      $1,801,000

Charitable, Educational, Penal, and Reformatory

      Institutions Account‑-State Appropriation $10,000

             TOTAL APPROPRIATION (($3,668,000))

      $3,640,000

 

      (2) FIELD SERVICES

General Fund‑-State Appropriation (FY 2012) (($5,006,000))

      $5,002,000

General Fund‑-State Appropriation (FY 2013) (($5,001,000))

      $4,964,000

General Fund‑-Federal Appropriation (($3,356,000))

      $3,348,000

General Fund‑-Private/Local Appropriation (($4,737,000))

      $4,722,000

Veterans Innovations Program Account--State

      Appropriation (($812,000))

      $810,000

Veteran Estate Management Account--Private/Local

      Appropriation (($1,083,000))

      $1,079,000

             TOTAL APPROPRIATION (($19,995,000))

      $19,925,000

 

      The appropriations in this subsection are subject to the following conditions and limitations:  $821,000 of the veterans innovations program account--state appropriation is provided solely for the department to continue support for returning combat veterans through the veterans innovation program, including emergency financial assistance through the defenders' fund and long-term financial assistance through the competitive grant program.

 

      (3) INSTITUTIONAL SERVICES

 General Fund‑-State Appropriation (FY 2012) (($899,000))

      $1,743,000

((General Fund-State Appropriation (FY 2013) $71,000))

General Fund‑-Federal Appropriation (($59,177,000))

      $61,437,000

General Fund‑-Private/Local Appropriation (($32,094,000))

      $29,506,000

             TOTAL APPROPRIATION (($92,241,000))

      $92,686,000

Sec. 219.  2011 2nd sp.s. c 9 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF HEALTH

General Fund‑-State Appropriation (FY 2012) (($79,888,000))

      $79,404,000

General Fund‑-State Appropriation (FY 2013) (($79,718,000))

      $78,114,000

General Fund‑-Federal Appropriation (($555,563,000))

      $553,078,000

General Fund‑-Private/Local Appropriation (($148,362,000))

      $148,055,000

Hospital Data Collection Account‑-State Appropriation $214,000

Health Professions Account‑-State Appropriation (($94,469,000))

      $99,085,000

Aquatic Lands Enhancement Account‑-State Appropriation $604,000

Emergency Medical Services and Trauma Care Systems

      Trust Account‑-State Appropriation (($12,302,000))

      $12,300,000

Safe Drinking Water Account‑-State Appropriation (($4,480,000))

      $4,464,000

Drinking Water Assistance Account‑-Federal

      Appropriation (($22,875,000))

      $21,965,000

Waterworks Operator Certification‑-State

      Appropriation (($1,532,000))

      $1,528,000

Drinking Water Assistance Administrative Account‑-

      State Appropriation $326,000

Site Closure Account--State Appropriation $79,000

Biotoxin Account--State Appropriation $1,167,000

State Toxics Control Account‑-State Appropriation (($3,649,000))

      $3,628,000

Medical Test Site Licensure Account‑-State

      Appropriation (($2,321,000))

      $2,311,000

Youth Tobacco Prevention Account‑-State Appropriation $1,512,000

Community and Economic Development Fee Account--State

      Appropriation (($596,000))

      $298,000

Public Health Supplemental Account‑-Private/Local

      Appropriation $3,598,000

Accident Account‑-State Appropriation (($297,000))

      $295,000

Medical Aid Account‑-State Appropriation $50,000

Tobacco Prevention and Control Account‑-State

      Appropriation (($37,000))

      $1,729,000

             TOTAL APPROPRIATION (($1,013,560,000))

      $1,013,804,000

 

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

      (1) 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 of health and the state board of health shall not implement any new or amended rules pertaining to primary and secondary school facilities until the rules and a final cost estimate have been presented to the legislature, and the legislature has formally funded implementation of the rules through the omnibus appropriations act or by statute.  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.

      (2) In accordance with RCW 43.70.250 and 43.135.055, the department is authorized to establish and raise fees in fiscal year 2012 as necessary to meet the actual costs of conducting business and the appropriation levels in this section.  This authorization applies to fees required for:  The review of health care facility construction; review of health facility requests for certificate of need; the regulation and inspection of farm worker housing, hospital licensing, in-home health service agencies, and producers of radioactive waste;  the regulation and inspection of shellfish sanitary control, surgical facility licensing, and; fees associated with the following professions:  Dieticians and nutritionists, occupational therapists, pharmacy, veterinarian, orthotics and prosthetics, surgical technicians, nursing home administrators, health care assistants, hearing and speech, psychology, hypnotherapy, chiropractic, social workers, physicians, and physician assistants.

      (3) Pursuant to RCW 18.130.250, the department is authorized to establish a lower cost fee category for retired licensed practical nurses and registered nurses.
      (4) In accordance with RCW 43.135.055, the department is authorized to adopt fees set forth in and previously authorized in chapter 92, Laws of 2010.
      (5) $1,969,000 of the health professions account--state appropriation is provided solely to implement online licensing for health care providers.  The department must submit a detailed investment plan for this project to the office of financial management.  The office of financial management must review and approve this plan before funding may be expended.  The department of health must successfully implement online application and renewal for at least one profession as a pilot project before pursuing additional professions.  The department must report to the office of financial management on the outcome of the pilot project.

      (((4))) (6) $16,000 of the health professions account--state appropriation is provided solely for the implementation of House Bill No. 1181 (board of naturopathy).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((5))) (7) $21,000 of the health professions account--state appropriation is provided solely for the implementation of Substitute House Bill No. 1304 (health care assistants).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((6))) (8) $54,000 of the health professions account--state appropriation is provided solely for the implementation of House Bill No. 1353 (pharmacy technicians).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((7))) (9) $142,000 of the health professions account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5020 (social workers).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((8))) (10) $336,000 of the health professions account--state appropriation is provided solely for the implementation of Senate Bill No. 5480 (physicians and physician assistants).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((9))) (11) $46,000 of the health professions account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5071 (online access for midwives and marriage and family therapists).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((10))) (12) $137,000 of the health professions account--state appropriation is provided solely for implementation of Substitute House Bill No. 1133 (massage practitioner license).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (((11))) (13) $85,000 of the general fund--state appropriation for fiscal year 2012 ((and $85,000 of the general fund--state appropriation for fiscal year 2013 are)) is provided solely for the developmental disabilities council to contract for a family-to-family mentor program to provide information and support to families and guardians of persons who are transitioning out of residential habilitation centers.  To the maximum extent allowable under federal law, these funds shall be matched under medicaid through the department of social and health services and federal funds shall be transferred to the department for the purposes stated in this subsection.  If Second Substitute Senate Bill No. 5459 (people with developmental disabilities) is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (((12))) (14) $57,000 of the general fund--state appropriation for fiscal year 2012 and $58,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the midwifery licensure and regulatory program to offset a reduction in revenue from fees.  There shall be no change to the current annual fees for new or renewed licenses for the midwifery program, except from online access to HEAL- WA.  The department shall convene the midwifery advisory committee on a quarterly basis to address issues related to licensed midwifery.

      (((13))) (15) $118,000 of the general fund--state appropriation for fiscal year 2012 and $118,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for prevention of youth suicides.

      (((14))) (16) $87,000 of the general fund--state appropriation for fiscal year 2012 and $87,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the senior falls prevention program.

(17) $19,000 of the health professions account--state appropriation is provided solely for implementation of Senate Bill No. 6290 (military spouses and partners).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (18) $102,000 of the health professions account--state appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 6237 (career pathway/medical assistants).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (19) $21,000 of the health professions account--state appropriation is provided solely for implementation of Substitute Senate Bill No. 6328 (mental health professionals).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (20) $61,000 of the health professions account--state appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 6103 (reflexologists).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (21) $28,000 of the health professions account--state appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5620 (dental anesthesia assistants).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (22) Appropriations for fiscal year 2013 include funding for consolidation of the department of ecology's low-level radioactive waste site use permit program in the department of health.
      (23) During the remainder of the 2011-2013 fiscal biennium, each person subject to RCW 43.70.110(3)(c) is required to pay only one surcharge of up to twenty-five dollars annually for the purposes of RCW 43.70.112, regardless of how many professional licenses the person holds.
      (24) $15,000 of the health professions account--state appropriation is provided solely to implement Substitute House Bill No. 2056 (assisted living facilities).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (25) $11,000 of the health professions account--state appropriation is provided solely to implement Engrossed House Bill No. 2186 (licensed midwives).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (26) $11,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Engrossed Substitute House Bill No. 2229 (hospital employees).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (27) $48,000 of the health professions account--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 2314 (long-term care workers).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (28) $280,000 of the health professions account--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 2366 (suicide assessment and training).  If the bill is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.
      (29) $11,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Engrossed Substitute House Bill No. 2582 (health care services billing).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (30) $22,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Substitute Senate Bill No. 6105 (prescription monitoring program).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (31) $30,000 of the health professions account--state appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 2473 (medication assistant endorsement).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (32) General fund--state appropriations for fiscal year 2013 includes funding to subsidize operating license and inspection fees in the temporary worker housing program.  In implementing this subsidy, the department shall evaluate program regulations including but not limited to the use of occupancy levels to determine the fee structure and the frequency of inspections.

Sec. 220.  2011 2nd sp.s. c 9 s 219 (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 in this section.  However, after May 1, 2012, 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 2012 between programs.  The department shall not transfer funds, and the director of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds.  The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing seven days prior to approving any deviations from appropriation levels.  The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.

 

      (1) ADMINISTRATION AND SUPPORT SERVICES

General Fund‑-State Appropriation (FY 2012) (($54,529,000))

      $52,025,000

General Fund‑-State Appropriation (FY 2013) (($53,210,000))

      $52,981,000

             TOTAL APPROPRIATION (($107,739,000))

      $105,006,000

 

      The appropriations in this subsection are subject to the following conditions and limitations:  $35,000 of the general fund--state appropriation for fiscal year 2012 and $35,000 of the general fund-- state appropriation for fiscal year 2013 are provided solely for the support of a statewide council on mentally ill offenders that includes as its members representatives of community-based mental health treatment programs, current or former judicial officers, and directors and commanders of city and county jails and state prison facilities.  The council will  investigate and promote cost-effective approaches to meeting the long-term needs of adults and juveniles with mental disorders who have a history of offending or who are at-risk of offending, including their mental health, physiological, housing, employment, and job training needs.

 

      (2) CORRECTIONAL OPERATIONS

General Fund‑-State Appropriation (FY 2012) (($609,105,000))

      $598,237,000

General Fund‑-State Appropriation (FY 2013) (($602,804,000))

      $575,457,000

General Fund‑-Federal Appropriation $3,324,000

Washington Auto Theft Prevention Authority Account--

      State Appropriation $14,079,000

Enhanced 911 Account--State Appropriation $2,000,000

             TOTAL APPROPRIATION (($1,229,312,000))

      $1,193,097,000

 

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

      (a) During the 2011-13 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.

      (b) The Harborview medical center and 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 has negotiated with other community hospitals in Washington state.

      (c) $102,000 of the general fund--state appropriation for fiscal year 2012 and $102,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to implement House Bill No. 1290 (health care employee overtime).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (d) $32,000 of the general fund--state appropriation for fiscal year 2012 and $33,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to implement Substitute House Bill No. 1718 (offenders with developmental disabilities).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (e) The department of corrections shall contract with local and tribal governments for the provision of jail capacity to house offenders.  A contract shall not have a cost of incarceration in excess of $85 per day per offender.  A contract shall not have a year-to-year increase in excess of three percent per year.  The contracts may include rates for the medical care of offenders which exceed the daily cost of incarceration and the limitation on year-to-year increase, provided that medical payments conform to the department's offender health plan, pharmacy formulary, and all off-site medical expenses are preapproved by department utilization management staff.

(f) $311,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for implementation of House Bill No. 2346 (correctional officer uniforms).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (g) $41,000 of the general fund--state appropriation for fiscal year 2012 and $165,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the department to maintain the facility, property, and assets at the institution formerly known as the maple lane school in Rochester.  The department may not house incarcerated offenders at the maple lane site until specifically directed by the legislature.  By November 1, 2012, the department shall report to the appropriate fiscal committees of the house of representatives and the senate with a plan for the future use of the facility.
      (h) By December 1, 2012, the department shall provide to the legislative fiscal committees a report that evaluates health care expenditures in Washington state correctional institutions and makes recommendations for controlling health care costs.  The report shall evaluate the source of health care costs, including offender health issues, use of pharmaceuticals, offsite and specialist medical care, chronic disease costs, and mental health issues.  The department may include information from other states on cost control in offender health care, trends in offender health care that indicate potential cost increases, and management of high-cost diagnoses.
      (i) The department shall convene a work group to develop health care cost containment strategies at local jail facilities.  The work group shall identify cost containment strategies in place at the department and at local jail facilities, identify the costs and benefits of implementing strategies in jail health-care facilities, and make recommendations on implementing beneficial strategies.  The work group shall submit a report on its findings and recommendations to the fiscal committees of the legislature by October 1, 2013.  The work group shall include jail administrators, representatives from health care facilities at the local jail level and the state prisons level, and other representatives as deemed necessary.
      (j) The department of corrections, with participation of the health care authority and the department of social and health services, aging and adult services administration, shall establish a work group to analyze and review release options for elderly and infirm offenders and submit recommendations to the appropriate policy and fiscal committees of the legislature with release options for these populations no later than December 1, 2012.  In making its recommendations, the work group shall identify:
      (i) The most expensive medical conditions for which the department has had to treat its offenders and the offenders receiving the most costly ongoing medical treatments;
      (ii) For identified populations, the age, level of disability, cost of care while incarcerated, safety issues related to release, ease of placement, and time served in relation to the offender's sentence;
      (iii) Potential cost savings to the state that may be generated by the early release of elderly and infirm offenders;
      (iv) Housing options to expedite the release of aging and infirm offenders while maintaining the safety of housing providers, other housing residents, and the general public; and
      (v) Optimal procedures for reviewing offenders on a case-by-case basis to ensure that the interests of justice and public safety are considered in any early release decision.

 

      (3) COMMUNITY SUPERVISION

General Fund‑-State Appropriation (FY 2012) (($129,635,000))

      $127,121,000

General Fund‑-State Appropriation (FY 2013) (($128,049,000))

      $128,494,000

Federal Narcotics Forfeiture Account--Federal

      Appropriation $372,000

Controlled Substances Account--State

      Appropriation $32,000

TOTAL APPROPRIATION (($258,088,000)) $256,019,000

 

      The appropriations in this subsection are subject to the following conditions and limitations: (a) $875,000 of the general fund--state appropriation for fiscal year 2012 is provided solely to implement Engrossed Substitute House Bill No. 5891 (criminal justice cost savings).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

(b) $6,362,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement an evidence-based risk-needs- responsivity model for community supervision of offenders.

 

      (4) CORRECTIONAL INDUSTRIES

General Fund‑-State Appropriation (FY 2012) (($3,535,000))

      $2,513,000

General Fund‑-State Appropriation (FY 2013) (($3,458,000))

      $2,431,000

TOTAL APPROPRIATION (($6,993,000)) $4,944,000

 

      The appropriations in this subsection are subject to the following conditions and limitations:  $66,000 of the general fund--state appropriation for fiscal year 2012 is 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 2012) (($37,053,000))

      $35,821,000

General Fund‑-State Appropriation (FY 2013) (($35,549,000))

      $27,264,000

             TOTAL APPROPRIATION (($72,602,000))

      $63,085,000

 

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

      (a) The state prison institutions may use funds appropriated in this subsection to rent uniforms from correctional industries in accordance with existing legislative mandates.

      (b) The state prison medical facilities may use funds appropriated in this subsection to purchase goods and supplies through hospital or other group purchasing organizations when it is cost effective to do so.

      (c) The department shall reduce payments to the department of information services or its successor by $213,000 in fiscal year 2012 and by $1,150,000 in fiscal year 2013.  The reduction in payment shall be related to the elimination of the offender base tracking system, including moving remaining portions of the offender base tracking system into the offender management network information system.

Sec. 221.  2011 2nd sp.s. c 9 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SERVICES FOR THE BLIND

General Fund‑-State Appropriation (FY 2012) (($2,278,000))

      $2,159,000

General Fund‑-State Appropriation (FY 2013) (($2,264,000))

      $2,131,000

General Fund‑-Federal Appropriation (($19,082,000))

      $19,239,000

General Fund‑-Private/Local Appropriation $30,000

      TOTAL APPROPRIATION (($23,654,000)) $23,559,000

 

Sec. 222.  2011 2nd sp.s. c 9 s 221 (uncodified) is amended to read as follows:

FOR THE EMPLOYMENT SECURITY DEPARTMENT

 

General Fund‑-Federal Appropriation (($267,301,000))

      $267,069,000

General Fund‑-Private/Local Appropriation (($33,931,000))

      $33,856,000

Unemployment Compensation Administration Account‑-

      Federal Appropriation (($350,622,000)) $349,247,000

Administrative Contingency Account‑-State

      Appropriation (($20,948,000)) $20,940,000

Employment Service Administrative Account‑-State

      Appropriation (($33,721,000)) $33,609,000

TOTAL APPROPRIATION (($706,523,000)) $704,721,000

 

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

      (1) $39,666,000 of the unemployment compensation administration account--federal appropriation is from amounts made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for continuing current unemployment insurance functions and department services to employers and job seekers.

      (2) $35,584,000 of the unemployment compensation administration account--federal appropriation is from amounts made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for the replacement of the  unemployment insurance tax information system for the employment security department.  The employment security department shall support the department of revenue and department of labor and industries to develop a common vision to ensure technological compatibility between the three agencies to facilitate a coordinated business tax system for the future that improves services to business customers.  The amounts provided in this subsection are conditioned on the department satisfying the requirements of the project management oversight standards and policies established by the office of the chief information officer created in Engrossed Substitute Senate Bill No. 5931 (information technology management).

      (3) $25,000 of the unemployment compensation administration account--federal appropriation is from amounts made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for implementation of system changes to the unemployment insurance tax information system required under chapter 4, Laws of 2011 (unemployment insurance program).

      (4) $1,459,000 of the unemployment compensation administration account--federal appropriation is from amounts available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for implementation of chapter 4, Laws of 2011 (unemployment insurance program).

      (5) (($60,000)) $80,000 of the unemployment compensation administration account--federal appropriation is provided solely for costs associated with the initial review and evaluation of the training benefits program as directed in section 15(2), chapter 4, Laws of 2011 (unemployment insurance program).  The initial review shall be developed by the joint legislative audit and review committee.  This appropriation is provided from funds made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).

(End of part)

PART III
NATURAL RESOURCES

Sec. 301.  2011 2nd sp.s. c 9 s 301 (uncodified) is amended to read as follows:

FOR THE COLUMBIA RIVER GORGE COMMISSION

General Fund‑-State Appropriation (FY 2012) (($402,000))

      $401,000

General Fund--State Appropriation (FY 2013) (($410,000))

      $404,000

General Fund‑-Federal Appropriation $31,000

General Fund‑-Private/Local Appropriation (($782,000))

      $775,000

             TOTAL APPROPRIATION (($1,625,000)) $1,611,000

Sec. 302.  2011 2nd sp.s. c 9 s 302 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

General Fund‑-State Appropriation (FY 2012) (($47,630,000))

      $37,143,000

General Fund‑-State Appropriation (FY 2013) (($46,226,000))

      $33,481,000

General Fund‑-Federal Appropriation (($77,452,000))

      $100,000,000

General Fund‑-Private/Local Appropriation (($16,691,000))

      $16,714,000

Special Grass Seed Burning Research Account‑-State

      Appropriation $3,000

Reclamation Revolving Account‑-State Appropriation (($3,642,000))

      $4,123,000

Flood Control Assistance Account‑-State

      Appropriation (($1,940,000)) $1,929,000

State Emergency Water Projects Revolving Account‑-State

      Appropriation $270,000

 Waste Reduction/Recycling/Litter Control‑-State

      Appropriation (($11,478,000)) $9,712,000

State Drought Preparedness Account‑-State

      Appropriation (($118,000))

      $204,000

State and Local Improvements Revolving Account

      (Water Supply Facilities)‑-State Appropriation (($423,000))

      $422,000

((Freshwater)) Aquatic Algae Control Account‑-State

      Appropriation $509,000

Water Rights Tracking System Account‑-State Appropriation $46,000

Site Closure Account‑-State Appropriation (($703,000))

      $620,000

Wood Stove Education and Enforcement Account‑-State

      Appropriation (($612,000)) $595,000

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

      Appropriation (($1,668,000)) $1,655,000

Water Rights Processing Account‑-State Appropriation (($136,000))

      $135,000

State Toxics Control Account‑-State Appropriation (($112,575,000))

      $130,865,000

State Toxics Control Account‑-Private/Local

      Appropriation (($968,000)) $964,000

Local Toxics Control Account‑-State Appropriation (($27,390,000))

      $26,157,000

Water Quality Permit Account‑-State Appropriation (($37,748,000))

      $38,814,000

Underground Storage Tank Account‑-State

      Appropriation (($3,254,000)) $3,212,000

Biosolids Permit Account‑-State Appropriation (($1,805,000))

      $1,791,000

Hazardous Waste Assistance Account‑-State

      Appropriation (($5,857,000)) $5,793,000

Air Pollution Control Account‑-State Appropriation (($2,468,000))

      $2,541,000

Oil Spill Prevention Account‑-State Appropriation (($5,566,000))

      $5,489,000

Air Operating Permit Account‑-State Appropriation (($2,746,000))

      $2,711,000

Freshwater Aquatic Weeds Account‑-State

      Appropriation (($1,700,000))

      $1,698,000

Oil Spill Response Account‑-State Appropriation $7,076,000

Metals Mining Account‑-State Appropriation $14,000

Water Pollution Control Revolving Account‑-State

      Appropriation (($611,000)) $608,000

Water Pollution Control Revolving Account‑-Federal

      Appropriation (($2,517,000)) $2,501,000

             TOTAL APPROPRIATION (($421,842,000)) $437,795,000

 

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

      (1) $170,000 of the oil spill prevention account‑-state appropriation is provided solely for 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.

      (2) Pursuant to RCW 43.135.055, the department is authorized to increase the following fees as necessary to meet the actual costs of conducting business and the appropriation levels in this section:  Wastewater discharge permit, not more than 4.34 percent in fiscal year 2012 and 4.62 percent in fiscal year 2013; biosolids permit fee, not more than 10 percent during the biennium; and air contaminate source registration fee, not more than 36 percent during the biennium; agricultural burning acreage and pile burning fees, not more than 25 percent and 100 percent respectively, in fiscal year 2013; and dam safety and inspection fees, not more than 35 percent in fiscal year 2012 and 4.62 percent in fiscal year 2013.  Any fee increase implemented to offset general fund--state reductions in the 2011-2013 fiscal biennium may be made effective on or before July 1, 2012.

      (3) If Substitute House Bill No. 1294 (Puget Sound corps) is not enacted by June 30, 2011, $322,000 of the general fund--state appropriation for fiscal year 2012 and $322,000 of the general fund-- state appropriation for fiscal year 2013 shall be transferred to the department of natural resources.

      (4) $463,000 of the state toxics control account--state appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1186 (state's oil spill program).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (5) Pursuant to RCW 70.93.180(5), the appropriations in this section from the waste reduction, recycling, and litter control account shall only be expended on activities listed under RCW 70.93.180(1) (a) and (b), and the department shall not expend appropriations on RCW 70.93.180(1)(c).  The department may not spend waste reduction, recycling, and litter control account funds to support the following activities:  The beyond waste plan, work on national solid waste recycling issues, work on construction and demolition recycling and green building alternatives, education programs including the green schools initiative, and management of the 1-800-recycle hotline and database on school awards.  Waste reduction, recycling, and litter account control funds must be prioritized to support litter pickup using correctional crews, regulatory programs, and technical assistance to local governments.

      (6) The department shall make every possible effort through its existing statutory authorities to obtain federal funding for public participation grants regarding the Hanford nuclear reservation and associated properties and facilities.  Such federal funding shall not limit the total state funding authorized under this section for public participation grants made pursuant to RCW 70.105D.070(5), but the amount of any individual grant from such federal funding shall be offset against any grant award amount to an individual grantee from state funds under RCW 70.105D.070(5).

      (7) The department shall review its water rights application review procedures to simplify the procedures, eliminate unnecessary steps, and decrease the time required to issue decisions.  The department shall implement changes to improve water rights processing for which it has current administrative authority.  The department shall report on reforms implemented and efficiencies achieved as demonstrated through enhanced permit processing to the appropriate committees of the legislature on December 1, 2011, and October 1, 2012.

      (a) The department shall consult with key stakeholders on statutory barriers to efficient water rights processing and effective water management, including identification of obsolete, confusing, or conflicting statutory provisions.  The department shall report stakeholder recommendations to appropriate committees of the legislature by December 1, 2011, and October 1, 2012.

      (b) $500,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for processing water right permit applications only if the department of ecology issues at least five hundred water right decisions in fiscal year 2012, and if the department of ecology does not issue at least five hundred water right decisions in fiscal year 2012 the amount provided in this subsection shall lapse and remain unexpended.  The department of ecology shall submit a report to the office of financial management and the state treasurer by June 30, 2012, that documents whether five hundred water right decisions were issued in fiscal year 2012.  For the purposes of this subsection, applications that are voluntarily withdrawn by an applicant do not count towards the five hundred water right decision requirement.  For the purposes of water budget-neutral requests under chapter 173-539A WAC, multiple domestic connections authorized within a single water budget-neutral decision are considered one decision for the purposes of this subsection.

      (c) The department shall maintain an ongoing accounting of water right applications received and acted on and shall post that information to the department's internet site.

      (8) $1,075,000 of the general fund--state appropriation for fiscal year 2012 and $1,075,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for processing the backlog of pending water rights permit applications in the water resources program.

(9) In accordance with RCW 43.135.055, the department is approved to adopt fees set forth in and previously authorized by RCW 70.94.151, gasoline vapor registration fee.
      (10) Pursuant to House Bill No. 2304 (low-level waste), the appropriations in this section for the low-level radioactive waste site use permit program are for fiscal year 2012.  Appropriations for fiscal year 2013 are contained in section 219 of this act.
      (11) Pursuant to RCW 90.16.090(2), the appropriations in this section from the reclamation account--state appropriation shall be expended for the activities listed in RCW 90.16.090(1), and the expenditures need not be proportional to fee revenue sources.
      (12) $77,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5343 (anaerobic digesters).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (13) $50,000 of the state toxics control account--state appropriation is provided solely to fulfill technical assistance duties prescribed in Senate Bill No. 6120 (children's safe products) or House Bill No. 2821 (children's safe products).  If neither bill is enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (14) $1,000,000 of the state toxics control account--state appropriation is for the department to provide technical training regarding the benefits of low-impact development including, but not limited to, when the use of low-impact development is appropriate and feasible, and the design, installation, maintenance, and best practices of low-impact development.  The department will consult with Washington State University extension low-impact development technical center and others in the development of the low-impact technical training.  As appropriate, the department may contract with the Washington State University extension low-impact development technical center, private sector vendors, associations, and others to deliver the technical training.  The technical training must be provided free of cost to phase II permittees and the private development community including builders, engineers, and other industry professionals.  The training must be sequenced geographically and provided in time for local jurisdictions to comply with RCW 90.48.260 and 36.70A.130(5).
      (15) $188,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of Second Engrossed Substitute Senate Bill No. 6406 (state natural resources).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 303.  2011 2nd sp.s. c 9 s 303 (uncodified) is amended to read as follows:

FOR THE STATE PARKS AND RECREATION COMMISSION

General Fund--State Appropriation (FY 2012) $8,955,000

General Fund--State Appropriation (FY 2013) $8,379,000

General Fund‑-Federal Appropriation $5,905,000

Winter Recreation Program Account‑-State

      Appropriation (($1,761,000))

      $1,759,000

ORV and Nonhighway Vehicle Account‑-State Appropriation $224,000

Snowmobile Account‑-State Appropriation (($4,848,000))

      $4,844,000

Aquatic Lands Enhancement Account‑-State

      Appropriation (($363,000)) $4,363,000

Parks Renewal and Stewardship Account‑-State

      Appropriation (($116,087,000)) $106,505,000

Parks Renewal and Stewardship Account‑-Private/Local

      Appropriation $300,000

TOTAL APPROPRIATION (($146,822,000)) $141,234,000

 

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

      (1) $8,876,000 of the general fund--state appropriation for fiscal year 2012 ((and)), $8,300,000 of the general fund--state appropriation for fiscal year 2013, and $4,000,000 of the aquatic lands enhancement account--state appropriation are provided solely to operate and maintain state parks as the commission implements a new fee structure.  The goal of this structure is to make the parks system self-supporting.  By August 1, 2012, state parks must submit a report to the office of financial management detailing its progress toward this goal and outlining any additional statutory changes needed for successful implementation.

      (2) $79,000 of the general fund--state appropriation for fiscal year 2012 and $79,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant for the operation of the Northwest avalanche center.

      (3) (($53,928,000)) $44,528,000 of the parks renewal and stewardship account--state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5622 (state land recreation access).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (4) Prior to closing any state park, the commission must notify all affected local governments and relevant nonprofit organizations of the intended closure and provide an opportunity for the notified local governments and nonprofit organizations to elect to acquire, or enter  into, a maintenance and operating contract with the commission that would allow the park to remain open.

(5) The state parks and recreation commission, in cooperation with the Fort Worden lifelong learning center public development authority authorized under RCW 35.21.730 shall provide a report to the governor and appropriate committees of the legislature no later than October 15, 2012, to create a lifelong learning center at Fort Worden state park.  This plan shall support and be based upon the Fort Worden state park long-range plan adopted by the state parks and recreation commission in September 2008.  The report shall include a business and governance plan and supporting materials that provide options and recommendations on the long-term governance of Fort Worden state park, including building maintenance and restoration.  While the commission may transfer full or partial operations to the public development authority the state shall retain title to the property.  The state parks and recreation commission and the public development authority will agree on the scope and content of the report including the business and governance plan.  In preparing this report the state parks and recreation commission and the public development authority shall provide ample opportunity for the public and stakeholders to participate in the development of the business and governance plan.  The state parks and recreation commission shall review the report and if it is consistent with the 2008 Fort Worden state park long-range plan shall take action on a long-term governance and business plan no later than December 31, 2012.
      (6) Within the appropriations contained in this section, the commission shall review the removal of trees from Brooks memorial state park that have been killed or damaged by fire in order to determine the recovery value from the sale of any timber that is surplus to the needs of the park.  The commission shall remove such trees, if the commission determines that the recovery value from the sale of any timber is at least cost neutral and the removal is in a manner consistent with RCW 79A.05.035.

Sec. 304.  2011 2nd sp.s. c 9 s 304 (uncodified) is amended to read as follows:

FOR THE RECREATION AND CONSERVATION FUNDING BOARD

General Fund‑-State Appropriation (FY 2012) (($954,000))

      $898,000

General Fund‑-State Appropriation (FY 2013) (($973,000))

      $823,000

General Fund‑-Federal Appropriation (($3,299,000))

      $3,295,000

General Fund‑-Private/Local Appropriation (($274,000))

      $24,000

Aquatic Lands Enhancement Account‑-State Appropriation $278,000

Vessel Response Account--State Appropriation $100,000

Firearms Range Account‑-State Appropriation $37,000

Recreation Resources Account‑-State Appropriation (($2,874,000))

      $2,869,000

NOVA Program Account‑-State Appropriation $900,000

      TOTAL APPROPRIATION (($9,689,000)) $9,224,000

 

      The appropriations in this section are subject to the following conditions and limitations:  $40,000 of the general fund--federal appropriation, $24,000 of the general fund--private/local appropriation, $100,000 of the vessel response account--state appropriation, and $12,000 of the recreation resources account--state appropriation are provided solely for House Bill No. 1413 (invasive species council).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

Sec. 305.  2011 2nd sp.s. c 9 s 305 (uncodified) is amended to read as follows:

FOR THE ENVIRONMENTAL AND LAND USE HEARINGS OFFICE

General Fund‑-State Appropriation (FY 2012) (($2,308,000))

      $2,153,000

General Fund‑-State Appropriation (FY 2013) (($2,275,000))

      $2,020,000

TOTAL APPROPRIATION (($4,583,000)) $4,173,000

Sec. 306.  2011 2nd sp.s. c 9 s 306 (uncodified) is amended to read as follows:

FOR THE CONSERVATION COMMISSION

General Fund‑-State Appropriation (FY 2012) (($6,789,000))

      $6,785,000

General Fund‑-State Appropriation (FY 2013) (($6,792,000))

      $6,424,000

General Fund‑-Federal Appropriation $1,301,000

TOTAL APPROPRIATION (($14,882,000))$14,510,000

 

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

      (1) The conservation commission, in cooperation with all conservation districts, will seek to minimize conservation district overhead costs.  These efforts may include consolidating conservation districts.

      (2) $122,000 of the general fund--federal appropriation is provided solely for Engrossed Substitute House Bill No. 1886 (Ruckelshaus center process).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

Sec. 307.  2011 2nd sp.s. c 9 s 307 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund‑-State Appropriation (FY 2012) (($34,695,000))

      $34,098,000

General Fund‑-State Appropriation (FY 2013) (($32,388,000))

      $23,618,000

 General Fund‑-Federal Appropriation (($105,717,000))

      $105,481,000

General Fund‑-Private/Local Appropriation (($57,025,000))

      $56,923,000

ORV and Nonhighway Vehicle Account‑-State Appropriation $391,000

Aquatic Lands Enhancement Account‑-State

      Appropriation (($8,230,000)) $12,113,000

Recreational Fisheries Enhancement‑-State

      Appropriation (($3,550,000)) $2,794,000

Warm Water Game Fish Account‑-State Appropriation (($3,051,000)) $2,841,000

Eastern Washington Pheasant Enhancement Account‑-State

      Appropriation $849,000

Aquatic Invasive Species Enforcement Account‑-State

      Appropriation $204,000

Aquatic Invasive Species Prevention Account‑-State

      Appropriation (($719,000)) $848,000

State Wildlife Account‑-State Appropriation (($100,424,000))

      $100,742,000

Special Wildlife Account‑-State Appropriation (($2,384,000))

      $2,382,000

Special Wildlife Account‑-Federal Appropriation $500,000

Special Wildlife Account‑-Private/Local Appropriation $3,415,000

Wildlife Rehabilitation Account‑-State Appropriation $259,000

Regional Fisheries Enhancement Salmonid Recovery

      Account‑-Federal Appropriation $5,001,000

Oil Spill Prevention Account‑-State Appropriation (($887,000))

      $883,000

Oyster Reserve Land Account‑-State Appropriation (($921,000))

      $919,000

Recreation Resources Account--State Appropriation $3,300,000

Hydraulic Project Approval Account--State Appropriation $337,000

TOTAL APPROPRIATION (($360,610,000)) $357,900,000

 

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

      (1) $294,000 of the aquatic lands enhancement account‑-state  appropriation is provided solely for the implementation of hatchery reform recommendations defined by the hatchery scientific review group.

      (2) $355,000 of the general fund‑-state appropriation for fiscal year 2012 and $355,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the department to continue a pilot project with the Confederated Tribes of the Colville Reservation to develop expanded recreational fishing opportunities on Lake Rufus Woods and its northern shoreline and to conduct joint enforcement of lake fisheries on Lake Rufus Woods and adjoining waters, pursuant to state and tribal intergovernmental agreements developed under the Columbia River water supply program.  For the purposes of the pilot project:

      (a) A fishing permit issued to a nontribal member by the Colville Tribes shall satisfy the license requirement of RCW 77.32.010 on the waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods;

      (b) The Colville Tribes have agreed to provide to holders of its nontribal member fishing permits a means to demonstrate that fish in their possession were lawfully taken in Lake Rufus Woods;

      (c) A Colville tribal member identification card shall satisfy the license requirement of RCW 77.32.010 on all waters of Lake Rufus Woods;

      (d) The department and the Colville Tribes shall jointly designate fishing areas on the north shore of Lake Rufus Woods for the purposes of enhancing access to the recreational fisheries on the lake; and

      (e) The Colville Tribes have agreed to recognize a fishing license issued under RCW 77.32.470 or RCW 77.32.490 as satisfying the nontribal member fishing permit requirements of Colville tribal law on the reservation portion of the waters of Lake Rufus Woods and at designated fishing areas on the north shore of Lake Rufus Woods;

      (3) Prior to submitting its 2013-2015 biennial operating and capital budget request related to state fish hatcheries to the office of financial management, the department shall contract with the hatchery scientific review group (HSRG) to review this request.  This review shall:  (a) Determine if the proposed requests are consistent with HSRG recommendations; (b) prioritize the components of the requests based on their contributions to protecting wild salmonid stocks and meeting the recommendations of the HSRG; and (c) evaluate whether the proposed requests are being made in the most cost effective  manner.  The department shall provide a copy of the HSRG review to the office of financial management with their agency budget proposal.

      (4) $400,000 of the general fund‑-state appropriation for fiscal year 2012 and $400,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a state match to support the Puget Sound nearshore partnership between the department and the U.S. army corps of engineers.

      (5) $50,000 of the general fund‑-state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for removal of derelict gear in Washington waters.

      (6) $100,000 of the eastern Washington pheasant enhancement account‑-state appropriation is provided solely for the department to support efforts to enhance permanent and temporary pheasant habitat on public and private lands in Grant, Franklin, and Adams counties.  The department may support efforts by entities including conservation districts, nonprofit organizations, and landowners, and must require such entities to provide significant nonstate matching resources, which may be in the form of funds, material, or labor.

      (7) Within the amounts appropriated in this section, the department shall identify additional opportunities for partnerships in order to keep fish hatcheries operational.  Such partnerships shall aim to maintain fish production and salmon recovery with less reliance on state operating funds.

      (8) By September 1, 2011, the department shall update its interagency agreement dated September 30, 2010, with the department of natural resources concerning land management services on the department of fish and wildlife's wildlife conservation and recreation lands.  The update shall include rates and terms for services.

      (9) Prior to opening game management unit 490 to public hunting, the department shall complete an environmental impact statement that includes an assessment of how public hunting activities will impact the ongoing protection of the public water supply.

      (10) $18,514,000 of the state wildlife account--state appropriation is provided solely for the implementation of Second Substitute Senate Bill No. 5385 (state wildlife account).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (11) $9,418,000 of the state wildlife account--state appropriation is provided solely for the implementation of Second Substitute Senate Bill No. 5622 (state land recreation access).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

(12) $50,000 of the state wildlife account--state appropriation is provided solely for mitigation, claims, and assessment costs for injury or loss of livestock caused by wolves, black bears, and cougars.
      (13) $552,000 of the aquatic lands enhancement account--state appropriation is provided solely for increased law enforcement capacity to reduce the occurrence of geoduck poaching and illegal harvest activities.  With these additional funds, the department shall deploy two new fish and wildlife officers and one detective within Puget Sound to address on-the-water and marketplace geoduck harvest compliance.
      (14) $337,000 of the hydraulic project approval--state appropriation is provided solely for the implementation of Second Engrossed Substitute Senate Bill No. 6406 (state natural resources).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

Sec. 308.  2011 2nd sp.s. c 9 s 308 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF NATURAL RESOURCES

General Fund‑-State Appropriation (FY 2012) (($31,324,000))

      $30,907,000

General Fund‑-State Appropriation (FY 2013) (($35,791,000))

      $31,818,000

General Fund‑-Federal Appropriation (($27,919,000))

      $27,873,000

General Fund‑-Private/Local Appropriation (($2,374,000))

      $2,372,000

Forest Development Account‑-State Appropriation (($41,717,000))

      $46,254,000

ORV and Nonhighway Vehicle Account‑-State

      Appropriation (($4,387,000)) $4,373,000

 Surveys and Maps Account‑-State Appropriation (($2,346,000))

      $2,118,000

Aquatic Lands Enhancement Account‑-State

      Appropriation (($7,224,000)) $69,000

Resources Management Cost Account‑-State

      Appropriation (($82,097,000)) $90,131,000

Surface Mining Reclamation Account‑-State

      Appropriation (($3,484,000))

      $3,467,000

Disaster Response Account‑-State Appropriation $5,000,000

Forest and Fish Support Account‑-State Appropriation (($7,933,000))

      $9,784,000

Aquatic Land Dredged Material Disposal Site

      Account‑-State Appropriation $838,000

Natural Resources Conservation Areas Stewardship

      Account‑-State Appropriation $34,000

State Toxics Control Account‑-State Appropriation $80,000

Air Pollution Control Account‑-State Appropriation (($669,000))

      $540,000

NOVA Program Account‑-State Appropriation (($639,000))

      $635,000

Derelict Vessel Removal Account‑-State Appropriation $1,761,000

Agricultural College Trust Management Account‑-State

      Appropriation (($1,854,000)) $1,848,000
Forest Practices Application Account--State Appropriation $780,000
Marine Resources Stewardship Trust Account--State
      Appropriation $2,100,000

             TOTAL APPROPRIATION (($257,471,000))

      $262,782,000

 

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

      (1) $710,000 of the general fund‑-state appropriation for fiscal year 2012 and $915,000 of the general fund‑-state appropriation for fiscal year 2013 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.

      (2) $8,030,000 of the general fund‑-state appropriation for fiscal year 2012, (($10,037,000)) $7,276,000 of the general fund‑-state appropriation for fiscal year 2013, $2,138,000 of the forest development account--state appropriation for fiscal year 2013, and $5,000,000 of the disaster response account‑-state appropriation are provided solely for emergency fire suppression.  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.  The department of natural resources shall submit a quarterly report to the office of financial management and the legislative fiscal committees detailing information on current and planned expenditures from the disaster response account.  This work shall be done in coordination with the military department.

      (3) (($4,000,000 of the forest and fish support account-state appropriation is provided solely for adaptive management, monitoring, and participation grants to tribes.  If federal funding for this purpose is reinstated, the amount provided in this subsection shall lapse.
      (4) $333,000 of the forest and fish support account--state appropriation is provided solely for adaptive management, monitoring, and participation grants to nongovernmental organizations.
      (5) $487,000)) $4,500,000 of the forest and fish support account-- state appropriation is provided solely for outcome-based, performance contracts with tribes to participate in the implementation of the forest practices program.  Contracts awarded in fiscal year 2013 may only contain indirect costs set at or below the rate in the contracting tribe's indirect cost agreement with the federal government.  If federal funding for this purpose is reinstated, the amount provided in this subsection shall lapse.
      (4) $518,000 of the forest and fish support account--state appropriation is provided solely for outcome-based performance contracts with nongovernmental organizations to participate in the implementation of the forest practices program.  Contracts awarded in fiscal year 2013 may only contain indirect cost set at or below a rate of eighteen percent.
      (5) During the 2011-2013 fiscal biennium, $717,000 of the ((general fund)) forest and fish support account--state appropriation is provided solely to fund interagency agreements with the department of ecology and the department of fish and wildlife as part of the adaptive management process.

      (6) $1,000,000 of the general fund--federal appropriation and $1,000,000 of the forest and fish support account--state appropriation are provided solely for continuing scientific studies already underway as part of the adaptive management process.  Funds may not be used to  initiate new studies unless the department secures new federal funding for the adaptive management process.

      (7) The department is authorized to increase the silviculture burning permit fee in the 2011-2013 biennium by up to eighty dollars plus fifty cents per ton for each ton of material burned in excess of one hundred tons.

      (8) $440,000 of the state general fund‑-state appropriation for fiscal year 2012 and $440,000 of the state general fund‑-state appropriation for fiscal year 2013 are provided solely for forest work crews that support correctional camps and are contingent upon continuing operations of Naselle youth camp.

      (9) By September 1, 2011, the department shall update its interagency agreement dated September 30, 2010, with the department of fish and wildlife concerning land management services on the department of fish and wildlife's wildlife conservation and recreation lands.  The update shall include rates and terms for services.

(10) In partnership with the department of ecology, the departments shall deliver a report to the governor, the appropriate committees of the legislature, and the forest practices board by September 1, 2012, documenting forest practices adaptive management program reforms implemented, or recommended, that streamline existing processes to increase program efficiencies and effectiveness.  The departments shall collaborate with interested adaptive management program participants in the development of the report.
      (11)(a) $2,100,000 of the marine resources stewardship account-- state appropriation is provided solely for the implementation of chapter 252, Laws of 2012 (marine management planning) and 43.372 RCW.  The department will work with the marine interagency team, tribes, and the Washington state marine resource committee to develop a spending plan consistent with the priorities in chapter 252, Laws of 2012, for conducting ecosystem assessments and mapping activities related to marine resources use and potential economic development, developing marine management plans for the state's coastal waters, and otherwise aiding in the implementation of marine planning in the state.  As appropriate, the team shall develop a competitive process for projects to be funded by the department in fiscal year 2013.
      (b) The department, in consultation with the marine interagency team, shall submit to the office of financial management and the appropriate legislative committees by September 1, 2012, a prioritized list of projects and activities for funding consideration through the marine resources stewardship account in the 2013-2015 fiscal biennium.
      (12)(a) Within existing funds and upon request of a qualifying marina under (b) of this subsection, the department of natural resources shall promptly redetermine annual rent for that marina consistent with (c) of this subsection.
      (b) A marina is a qualifying marina under this subsection if it:
      (i) Is a for-profit entity occupying state-owned aquatic lands and provides vessel moorage for a fee or includes marina slips within the definition of a unit for condominium purposes, but is not a homeowner association, a facility that provides moorage exclusively for floating homes, a community boating club or yacht club, or a facility that is entirely dedicated to providing public use and access under a no-fee public use and access agreement;
      (ii) Is located in the competitive marina market in either:  The largest city within the second most populous county of the state, as determined by population on the effective date of this section; or a county composed entirely of islands and adjacent areas of the mainland to that county;
      (iii) Has an upland value for purposes of rent determination under RCW 79.105.240 that is more than forty-five percent above the average of the upland values of all the marinas within a five-mile radius centered around that marina; and
      (iv) Meets one of the following criteria:  Currently provides for public access; must provide public access as a condition for future approval of a substantial development permit under chapter 90.58 RCW; or is owned by a person who also owns the upland tax parcel used in conjunction with the lease area and who provides public access on the upland parcel or must provide public access on the upland parcel as a condition for future approval of a substantial development permit under chapter 90.58 RCW.
      (c) The upland value used to calculate the rent for a qualifying marina under (b) of this subsection will be a value that is forty-five percent above the average of the upland values, as determined under RCW 79.105.240, of all the marinas within a five-mile radius centered on that marina.
      (13) $780,000 of the forest practices application account--state appropriation, $18,000 of the forest development account--state appropriation, $23,000 of the resources management cost account--state appropriation, and $2,000 of the surface mining reclamation account-- state appropriation are provided solely for the implementation of Second Engrossed Substitute Senate Bill No. 6406 (state natural resources).  If the bill is not enacted by June 30, 2012, the amounts provided in this subsection shall lapse.

Sec. 309.  2011 2nd sp.s. c 9 s 309 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF AGRICULTURE

General Fund‑-State Appropriation (FY 2012) (($15,484,000))

      $15,434,000

General Fund‑-State Appropriation (FY 2013) (($14,875,000))

      $14,537,000

General Fund‑-Federal Appropriation (($22,940,000))

      $22,793,000

General Fund‑-Private/Local Appropriation $190,000

Aquatic Lands Enhancement Account‑-State

      Appropriation (($2,553,000)) $2,544,000

State Toxics Control Account‑-State Appropriation (($5,118,000))

      $5,089,000

Water Quality Permit Account‑-State Appropriation $60,000

Freshwater Aquatic Weeds Account--State Appropriation $280,000

             TOTAL APPROPRIATION (($61,500,000)) $60,927,000

 

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

(1) $5,308,445 of the general fund--state appropriation for fiscal year 2012 and $5,302,905 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementing the food assistance program as defined in RCW 43.23.290.

(2) Pursuant to RCW 43.135.055, the department is authorized to increase the following fees in the 2011-2013 fiscal biennium as necessary to meet the actual costs of conducting business:  Fruit and vegetable platform inspections; grain program services; warehouse audits; requested inspections; seed inspections, testing, sampling and certifications; phytosanitary certifications for seed; commission merchants; and sod quality seed tags and tagging.  In addition, pursuant to RCW 43.135.055, 17.21.134, and 15.58.240, the department is authorized to establish pesticide license examination fees.

Sec. 310.  2011 2nd sp.s. c 9 s 310 (uncodified) is amended to read as follows:

FOR THE WASHINGTON POLLUTION LIABILITY INSURANCE PROGRAM

Pollution Liability Insurance Program Trust

      Account‑-State Appropriation (($668,000))

      $661,000

Sec. 311.  2011 2nd sp.s. c 9 s 311 (uncodified) is amended to read as follows:

FOR THE PUGET SOUND PARTNERSHIP

General Fund‑-State Appropriation (FY 2012) (($2,399,000))

      $2,273,000

General Fund‑-State Appropriation (FY 2013) (($2,424,000))

      $2,253,000

General Fund‑-Federal Appropriation (($9,581,000))

      $12,428,000

General Fund--Private/Local Appropriation $25,000

Aquatic Lands Enhancement Account‑-State

      Appropriation $493,000

State Toxics Control Account‑-State Appropriation (($665,000))

      $658,000

      TOTAL APPROPRIATION (($15,587,000)) $18,130,000

 

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

      (1) $665,000 of the state toxics control account‑-state appropriation is provided solely for activities that contribute to Puget Sound protection and recovery, including provision of independent advice and assessment of the state's oil spill prevention, preparedness, and response programs, including review of existing activities and recommendations for any necessary improvements.  The partnership may carry out this function through an existing committee, such as the ecosystem coordination board or the leadership council, or may appoint a special advisory council.  Because this is a unique statewide program, the partnership may invite participation from outside the Puget Sound region.

      (2) Within the amounts appropriated in this section, the Puget Sound partnership shall facilitate an ongoing monitoring consortium to integrate monitoring efforts for storm water, water quality, watershed health, and other indicators to enhance monitoring efforts in Puget Sound.

(End of part)

PART IV
TRANSPORTATION

Sec. 401.  2011 2nd sp.s. c 9 s 401 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING

General Fund‑-State Appropriation (FY 2012) (($1,167,000))

      $1,163,000

General Fund‑-State Appropriation (FY 2013) (($1,307,000))

      $1,279,000

Architects' License Account‑-State Appropriation (($1,084,000))

      $1,075,000

Professional Engineers' Account‑-State

      Appropriation (($3,518,000)) $3,490,000

Real Estate Commission Account‑-State Appropriation (($9,833,000)) $9,696,000

Uniform Commercial Code Account‑-State

      Appropriation (($3,120,000)) $3,105,000

Real Estate Education Account‑-State Appropriation $276,000

Real Estate Appraiser Commission Account‑-State

      Appropriation (($1,687,000))

      $1,656,000

Business and Professions Account‑-State

      Appropriation (($15,592,000)) $15,609,000

Real Estate Research Account‑-State Appropriation $622,000

Geologists' Account‑-State Appropriation $51,000

Derelict Vessel Removal Account‑-State Appropriation $31,000

      TOTAL APPROPRIATION (($38,288,000)) $38,053,000

 

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

      (1) Pursuant to RCW 43.135.055, the department is authorized to increase fees for collection agencies.  This increase is necessary to support the expenditures authorized in this section, consistent with RCW 43.24.086.

      (2) $8,000 of the business and professions account--state appropriation is provided solely to implement Substitute Senate Bill No. 5574 (collection agencies).

(3) $150,000 of the business and professions account--state appropriation is provided solely to implement Substitute House Bill No. 2301 (mixed martial arts, boxing, martial arts, and wrestling).  Pursuant to RCW 43.135.055 and 43.24.086, the department is authorized to charge and increase fees to defray the cost of administering the program, consistent with RCW 67.08.105.  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (4) Pursuant to RCW 43.135.055 and 43.24.086, the department is authorized to increase fees for the camping resort program.  This increase is necessary to support the expenditures authorized in this section, consistent with RCW 19.105.411.

Sec. 402.  2011 2nd sp.s. c 9 s 402 (uncodified) is amended to read as follows:

FOR THE STATE PATROL

General Fund‑-State Appropriation (FY 2012) (($37,352,000))

      $35,395,000

General Fund‑-State Appropriation (FY 2013) (($35,108,000))

      $32,323,000

General Fund‑-Federal Appropriation $16,081,000

General Fund‑-Private/Local Appropriation $3,021,000

Death Investigations Account‑-State Appropriation (($5,551,000))

      $5,537,000

County Criminal Justice Assistance Account‑-State

      Appropriation (($3,215,000)) $3,207,000

Municipal Criminal Justice Assistance Account‑-State

      Appropriation (($1,290,000)) $1,286,000

Fire Service Trust Account‑-State Appropriation $131,000

Disaster Response Account‑-State Appropriation $8,002,000

Fire Service Training Account‑-State Appropriation (($9,394,000))

      $9,386,000

Aquatic Invasive Species Enforcement Account‑-State

      Appropriation $54,000

State Toxics Control Account‑-State Appropriation $505,000

Fingerprint Identification Account‑-State

      Appropriation (($10,090,000))

      $10,067,000

Vehicle License Fraud Account--State Appropriation (($339,000))

      $437,000

      TOTAL APPROPRIATION (($130,133,000)) $125,432,000

 

      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 the state director of fire protection 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) $8,000,000 of the disaster response account--state appropriation is provided solely for Washington state fire service resource mobilization costs incurred in response to an emergency or disaster authorized under RCW 43.43.960 and 43.43.964.  The state patrol shall submit a report quarterly to the office of financial  management and the legislative fiscal committees detailing information on current and planned expenditures from this account.  This work shall be done in coordination with the military department.

      (3) $400,000 of the fire service training account--state appropriation is provided solely for the firefighter apprenticeship training program.

      (4) In accordance with RCW 43.43.742 the state patrol is authorized to increase the following fees in fiscal year 2012 as necessary to meet the actual costs of conducting business and the appropriation levels in this section:  Notary service fee.

      (5) $59,000 of the fingerprint identification account--state appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1776 (child care center licensing).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (6) $6,000 of the fingerprint identification account--state appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 1494 (vulnerable adult referrals).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

(7) $1,000 of the fingerprint identification account--state appropriation is provided solely for implementation of Engrossed Senate Bill No. 6296 (background checks).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

(End of part)

PART V
EDUCATION

Sec. 501.  2011 2nd sp.s. c 9 s 501 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

General Fund--State Appropriation (FY 2012) (($25,406,000))

      $25,322,000

General Fund--State Appropriation (FY 2013) (($22,502,000))

      $27,133,000

General Fund--Federal Appropriation (($77,065,000))

      $77,011,000

General Fund--Private/Local Appropriation $4,000,000

      TOTAL APPROPRIATION (($128,973,000)) $133,466,000

 

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

      (1) A maximum of (($16,139,000)) $16,056,000 of the general fund--state appropriation for fiscal year 2012 and (($13,335,000)) $14,875,000 of the general fund--state appropriation for fiscal year 2013 is for state agency operations.

      (a) (($9,775,000)) $9,692,000 of the general fund--state appropriation for fiscal year 2012 and (($8,532,000)) $8,169,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the operation and expenses of the office of the superintendent of public instruction.

      (i) Within the amounts provided in this subsection (1)(a), 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.

      (ii) By January 1, 2012, the office of the superintendent of public instruction shall issue a report to the legislature with a timeline and an estimate of costs for implementation of the common core standards.  The report must incorporate feedback from an open public forum for recommendations to enhance the standards, particularly in math.

      (iii) Within the amounts provided, and in consultation with the public school employees of Washington and the Washington school counselors' association, the office of the superintendent of public instruction shall develop a model policy that further defines the recommended roles and responsibilities of graduation coaches and  identifies best practices for how graduation coaches work in coordination with school counselors and in the context of a comprehensive school guidance and counseling program.

      (iv) The office of the superintendent of public instruction shall, no later than August 1, 2011, establish a standard statewide definition of unexcused absence.  The definition shall be reported to the ways and means committees of the senate and house of representatives for legislative review in the 2012 legislative session.  Beginning no later than January 1, 2012, districts shall report to the office of the superintendent of public instruction, daily student unexcused absence data by school.

      (b) $1,964,000 of the general fund--state appropriation for fiscal year 2012 and $1,017,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for activities associated with the implementation of new school finance systems required by chapter 236, Laws of 2010 (K-12 education funding) and chapter 548, Laws of 2009 (state's education system), including technical staff, systems reprogramming, and workgroup deliberations, including the quality education council and the data governance working group.

      (c) $851,000 of the general fund--state appropriation for fiscal year 2012 and $851,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.

      (d) $1,744,000 of the general fund--state appropriation for fiscal year 2012 and (($1,362,000)) $1,387,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to the professional educator standards board for the following:

      (i) $1,050,000 in fiscal year 2012 and $1,050,000 in fiscal year 2013 are for the operation and expenses of the Washington professional educator standards board; and

      (ii) $694,000 of the general fund--state appropriation for fiscal year 2012 and $312,000 of the general fund--state appropriation for fiscal year 2013 are for conditional scholarship loans and mentor stipends provided through the alternative routes to certification program administered by the professional educator standards board, including the pipeline for paraeducators program and the retooling to teach conditional loan programs.  Funding within this subsection (1)(d)(ii) is also provided for the recruiting Washington teachers program.  Funding reductions in this subsection (1)(d)(ii) in the 2011- 2013 fiscal biennium are intended to be one-time; and
      (iii) $25,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the professional educator standards board to develop educator interpreter standards and identify interpreter assessments that are available to school districts.  Interpreter assessments should meet the following criteria:  (A) Include both written assessment and performance assessment; (B) be offered by a national organization of professional sign language interpreters and transliterators; and (C) be designed to assess performance in more than one sign system or sign language.  The board shall establish a performance standard, defining what constitutes a minimum assessment result, for each educational interpreter assessment identified.  The board shall publicize the standards and assessments for school district use.

      (e) $133,000 of the general fund--state appropriation for fiscal year 2012 and $133,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of chapter 240, Laws of 2010, including staffing the office of equity and civil rights.

      (f) $50,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the ongoing work of the education opportunity gap oversight and accountability committee.

      (g) $45,000 of the general fund--state appropriation for fiscal year 2012 and $45,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of chapter 380, Laws of 2009 (enacting the interstate compact on educational opportunity for military children).

      (h) $159,000 of the general fund--state appropriation for fiscal year 2012 and $93,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of chapter 185, Laws of 2011 (bullying prevention), which requires the office of the superintendent of public instruction to convene an ongoing workgroup on school bullying and harassment prevention.  Within the amounts provided, $140,000 is for youth suicide prevention activities.

      (i) $1,227,000 of the general fund--state appropriation for fiscal year 2012 and $1,227,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementing a comprehensive data system to include financial, student, and educator data, including development and maintenance of the comprehensive education data and research system (CEDARS).

      (j) $25,000 of the general fund--state appropriation for fiscal year 2012 and $25,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for project citizen, a program sponsored by the national conference of state legislatures and the center for civic education to promote participation in government by middle school students.

      (k) $166,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the implementation of chapter 192, Laws of 2011 (school district insolvency).  Funding is provided to develop a clear legal framework and process for dissolution of a school district.

(l) $1,500,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for implementation of House Bill No. 2799 (collaborative schools).  If such legislation is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (m) $128,000 of the general fund--state appropriation for fiscal year 2013 is provided solely pursuant to Substitute House Bill No. 2254 (foster care outcomes).  The office of the superintendent of public instruction shall report on the implementation of the state's plan of cross-system collaboration to promote educational stability and improve education outcomes of foster youth.  The first report is due December 1, 2012, and annually thereafter through 2015.  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (n) $250,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for implementation of House Bill No. 2337 (open K-12 education resources).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

      (2) $9,267,000 of the general fund--state appropriation for fiscal year 2012 and (($9,167,000)) $12,267,000 of the general fund--state appropriation for fiscal year 2013 are for statewide programs.

 

      (a) HEALTH AND SAFETY

      (i) $2,541,000 of the general fund--state appropriation for fiscal year 2012 and $2,541,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.

      (ii) $50,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a nonviolence and leadership training program provided by the institute for community leadership.

 

      (b) TECHNOLOGY

      $1,221,000 of the general fund--state appropriation for fiscal year 2012 and $1,221,000 of the general fund--state appropriation for fiscal year 2013 are provided solely 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) $675,000 of the general fund--state appropriation for fiscal year 2012 and $675,000 of the general fund--state appropriation for fiscal year 2013 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.

      (ii) $1,000,000 of the general fund--state appropriation for fiscal year 2012 and $1,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for contracting with a college scholarship organization with expertise in conducting outreach to students concerning eligibility for the Washington college bound scholarship consistent with chapter 405, Laws of 2007.

      (iii) $2,808,000 of the general fund--state appropriation for fiscal year 2012 and $2,808,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the dissemination of the navigation 101 curriculum to all districts.  The funding shall support electronic student planning tools and software for analyzing the impact of navigation 101 on student performance, as well as grants to a maximum of one hundred school districts each year, based on progress and need for the implementation of the navigation 101 program.  The implementation grants shall be awarded to a cross-section of school districts reflecting a balance of geographic and demographic characteristics.  Within the amounts provided, the office of the superintendent of public instruction will create a navigation 101 accountability model to analyze the impact of the program.

      (iv) $337,000 of the general fund--state appropriation for fiscal year 2012 and $337,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementation of the building bridges statewide program for comprehensive dropout prevention, intervention, and reengagement strategies.

      (v) $135,000 of the general fund--state appropriation for fiscal year 2012 and $135,000 of the general fund--state appropriation for  fiscal year 2013 are provided solely for dropout prevention programs at the office of the superintendent of public instruction, including the jobs for America's graduates (JAG) program.

      (vi) $500,000 of the general fund--state appropriation for fiscal year 2012 and (($400,000)) $1,400,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of chapter 340, Laws of 2011 (assessment of students in state-funded full-day kindergarten classrooms), including the development and implementation of the Washington kindergarten inventory of developing skills (WaKIDS).  Of the amounts in this subsection, $1,000,000 of the fiscal year 2013 appropriation is for the implementation of House Bill No. 2586 (kindergarten inventory).  If the bill is not enacted by June 30, 2012, this amount shall lapse.
      (vii) $2,000,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an urban school turnaround initiative as follows:
      (A) The office of the superintendent of public instruction shall select two schools in the largest urban school district in the state.  The selected schools shall be among the state's lowest-performing schools; be located within the same community and form a continuum of education for the students in that community; have significant educational achievement gaps; and include a mix of elementary, middle, or high schools.
      (B) The office shall allocate the funds under this subsection (vii) to the school district to be used exclusively in the selected schools.  The district may not charge an overhead or indirect fee for the allocated funds or supplant other state, federal, or local funds in the selected schools.  The school district shall use the funds for intensive supplemental instruction, services, and materials in the selected schools in the 2012-13 school year, including but not limited to professional development for school staff; updated curriculum, materials, and technology; extended learning opportunities for students; reduced class size; summer enrichment activities; school-based health clinics; and other research-based initiatives to dramatically turn around the performance and close the achievement gap in the schools.  Priorities for the expenditure of the funds shall be determined by the leadership and staff of each school.
      (C) The office shall monitor the activities in the selected schools and the expenditure of funds to ensure the intent of this subsection (vii) is met, and submit a report to the legislature by December 1, 2013, including outcomes resulting from the urban school turnaround initiative.  The report submitted to the legislature must include a comparison of student learning achievement in the selected schools with schools of comparable demographics that have not participated in the grant program.
      (D) Funding provided in this subsection (vii) is intended to be one-time.
      (viii) $100,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to subsidize advanced placement exam fees and international baccalaureate class fees and exam fees for low-income students.  To be eligible for the subsidy, a student must be either enrolled or eligible to participate in the federal free or reduced price lunch program, and the student must have maximized the allowable federal contribution.  The office of the superintendent of public instruction shall set the subsidy in an amount so that the advanced placement exam fee does not exceed $15.00 and the combined class and exam fee for the international baccalaureate does not exceed $14.50.

Sec. 502.  2011 2nd sp.s. c 9 s 502 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT

General Fund--State Appropriation (FY 2012) (($5,253,769,000))

      $5,241,233,000

General Fund--State Appropriation (FY 2013) (($5,205,868,000))

      $5,170,854,000

General Fund--Federal Appropriation (($22,078,000)) $22,327,000

      TOTAL APPROPRIATION (($10,481,715,000))

      $10,434,414,000

 

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

      (1)(a) 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.

      (b) For the 2011-12 and 2012-13 school years, the superintendent shall allocate general apportionment funding to school districts as provided in the funding formulas and salary schedules in sections 502 and 503 of this act, excluding (c) of this subsection.

      (c) From July 1, 2011 to August 31, 2011, the superintendent shall allocate general apportionment funding to school districts programs as provided in sections 502 and 504, chapter 564, Laws of 2009, as amended through sections 1402 and 1403 of this act.

      (d) The appropriations in this section include federal funds provided through section 101 of P.L. No. 111-226 (education jobs fund), which shall be used to support general apportionment program funding.  In distributing general apportionment allocations under this section for the 2011-12 school year, the superintendent shall include the additional amount of (($3,078,000)) $3,327,000 allocated by the United States department of education on September 16, 2011, provided through 101 of P.L. No. 111-226 (education jobs fund) as part of each district's general apportionment allocation.

      (e) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the fourth day of school in September and on the first school day of each month October through June, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.  Any school district concluding its basic education program in May must report the enrollment of the last school day held in May in lieu of a June enrollment.

 

      (2) CERTIFICATED INSTRUCTIONAL STAFF ALLOCATIONS

      Allocations for certificated instructional staff salaries for the 2011-12 and 2012-13 school years are determined using formula-generated staff units calculated pursuant to this subsection.

      (a) Certificated instructional staff units, as defined in RCW 28A.150.410, shall be allocated to reflect the minimum class size allocations, requirements, and school prototypes assumptions as provided in RCW 28A.150.260.  The superintendent shall make allocations to school districts based on the district's annual average full-time equivalent student enrollment in each grade.

      (b) Additional certificated instructional staff units provided in this subsection (2) that exceed the minimum requirements in RCW 28A.150.260 are enhancements outside the program of basic education, except as otherwise provided in this section.

      (c)(i) The superintendent shall base allocations for each level of prototypical school on the following regular education average class size of full-time equivalent students per teacher, except as provided in (c)(ii) of this subsection:

 

General education class size:

 

 

Grade

 

RCW 28A.150.260

Grades K-3

     

25.23

Grade 4

     

27.00

Grades 5-6

     

27.00

Grades 7-8

     

28.53

Grades 9-12

     

28.74

      The superintendent shall base allocations for career and technical education (CTE) and skill center programs average class size as provided in RCW 28A.150.260.

      (ii) For each level of prototypical school at which more than fifty percent of the students were eligible for free and reduced-price meals in the prior school year, the superintendent shall allocate funding based on the following average class size of full-time equivalent students per teacher:

 

 

General education class size in high poverty

school:

 

 

Grades K-3

     

24.10

Grade 4

     

27.00

Grades 5-6

     

27.00

Grades 7-8

     

28.53

Grades 9-12

     

28.74

      (iii) Pursuant to RCW 28A.150.260(4)(a), the assumed teacher  planning period, expressed as a percentage of a teacher work day, is 13.42 percent in grades K-6, and 16.67 percent in grades 7-12; and

      (iv) Laboratory science, advanced placement, and international baccalaureate courses are funded at the same class size assumptions as general education schools in the same grade; and

      (d)(i) Funding for teacher librarians, school nurses, social workers, school psychologists, and guidance counselors is allocated based on the school prototypes as provided in RCW 28A.150.260 and is considered certificated instructional staff, except as provided in (d)(ii) of this subsection.

      (ii) Students in approved career and technical education and skill center programs generate certificated instructional staff units to provide for the services of teacher librarians, school nurses, social workers, school psychologists, and guidance counselors at the following combined rate per 1000 students:

 

Career and Technical Education

      Students 2.02 per 1000 student FTE's

Skill Center students 2.36 per 1000 student FTE's

 

      (3) ADMINISTRATIVE STAFF ALLOCATIONS

      (a) Allocations for school building-level certificated administrative staff salaries for the 2011-12 and 2012-13 school years for general education students are determined using the formula- generated staff units provided in RCW 28A.150.260, and adjusted based on a district's annual average full-time equivalent student enrollment in each grade.

      (b) Students in approved career and technical education and skill center programs generate certificated school building-level administrator staff units at per student rates that exceed the general education rate in (a) of this subsection by the following percentages:

 

Career and Technical Education students 2.5 percent

Skill Center students  19.75 percent

 

      (4) CLASSIFIED STAFF ALLOCATIONS

      Allocations for classified staff units providing school building- level and district-wide support services for the 2011-12 and 2012-13 school years are determined using the formula-generated staff units provided in RCW 28A.150.260, and adjusted based on each district's annual average full-time equivalent student enrollment in each grade.

 

      (5) CENTRAL OFFICE ALLOCATIONS

      In addition to classified and administrative staff units allocated in subsections (3) and (4) of this section, classified and administrative staff units are provided for the 2011-12 and 2012-13 school year for the central office administrative costs of operating a school district, at the following rates:

      (a) The total central office staff units provided in this subsection (5) are calculated by first multiplying the total number of eligible certificated instructional, certificated administrative, and classified staff units providing school-based or district-wide support services, as identified in RCW 28A.150.260(6)(b), by 5.3 percent.

      (b) Of the central office staff units calculated in (a) of this subsection, 74.53 percent are allocated as classified staff units, as generated in subsection (4) of this section, and 25.47 percent shall be allocated as administrative staff units, as generated in subsection (3) of this section.

      (c) Staff units generated as enhancements outside the program of basic education to the minimum requirements of RCW 28A.150.260, and staff units generated by skill center and career-technical students, are excluded from the total central office staff units calculation in (a) of this subsection.

      (d) For students in approved career-technical and skill center programs, central office classified units are allocated at the same staff unit per student rate as those generated for general education students of the same grade in this subsection (5), and central office administrative staff units are allocated at staff unit per student rates that exceed the general education rate established for students in the same grade in this subsection (5) by 3.69 percent for career and technical education students, and 21.92 percent for skill center students.

 

      (6) FRINGE BENEFIT ALLOCATIONS

      Fringe benefit allocations shall be calculated at a rate of 16.33 percent in the 2011-12 school year and ((16.33)) 16.34 percent in the 2012-13 school year for certificated salary allocations provided under subsections (2), (3), and (5) of this section, and a rate of 18.73 percent in the 2011-12 school year and 18.73 percent in the 2012-13 school year for classified salary allocations provided under subsections (4) and (5) of this section.

 

      (7) INSURANCE BENEFIT ALLOCATIONS

      Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504 of this act, based on the number of benefit units determined as follows:

      (a) The number of certificated staff units determined in subsections (2), (3), and (5) of this section; and

      (b) The number of classified staff units determined in subsections (4) and (5) 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.

 

      (8) MATERIALS, SUPPLIES, AND OPERATING COSTS (MSOC) ALLOCATIONS

      Funding is allocated per annual average full-time equivalent student for the materials, supplies, and operating costs (MSOC) incurred by school districts, consistent with the requirements of RCW 28A.150.260.

      (a) MSOC funding for general education students are allocated at the following per student rates:

 

MSOC RATES/STUDENT FTE

 

MSOC Component

2011-12

SCHOOL YEAR

2012-13

SCHOOL YEAR

 

 

 

Technology

$57.42

(($58.17)) $58.28

Utilities and Insurance

$156.03

(($158.05)) $158.37

Curriculum and Textbooks

$61.65

(($62.45)) $62.58

Other Supplies and Library Materials

$130.89

(($132.59)) $132.85

Instructional Professional Development for Certificated

      and Classified Staff

 

$9.53

 

(($9.66)) $9.68

Facilities Maintenance

$77.30

(($78.30)) $78.46

Security and Central Office

$53.55

(($54.25)) $54.35

TOTAL BASIC EDUCATION MSOC/STUDENT FTE

$546.37

(($553.47)) $554.57

 

      (b) Students in approved skill center programs generate per student FTE MSOC allocations which equal the rate for general education students calculated in (a) of this subsection, multiplied by a factor of 2.171.

      (c) Students in approved exploratory and preparatory career and technical education programs generate a per student MSOC allocation that is equal to the rate for general education students calculated in (a) of this subsection, multiplied by a factor of 2.442.

      (d) Students in laboratory science courses generate per student FTE MSOC allocations which equal the per student FTE rate for general education students established in (a) of this subsection.

 

      (9) SUBSTITUTE TEACHER ALLOCATIONS

      For the 2011-12 and 2012-13 school years, funding for substitute costs for classroom teachers is based on four (4) funded substitute days per classroom teacher unit generated under subsection (2) of this section, at a daily substitute rate of $151.86.

 

      (10) ALTERNATIVE LEARNING EXPERIENCE PROGRAM FUNDING

      (a) Amounts provided in this section are adjusted to reflect provisions of House Bill No. 2065 (allocation of funding for funding for students enrolled in alternative learning experiences).

      (b) The superintendent of public instruction shall require all districts receiving general apportionment funding for alternative learning experience (ALE) programs as defined in WAC 392-121-182 to provide separate financial accounting of expenditures for the ALE programs offered in district or with a provider, including but not limited to private companies and multidistrict cooperatives, as well as accurate, monthly headcount and FTE enrollment claimed for basic education, including separate counts of resident and nonresident students.

 

      (11) VOLUNTARY FULL DAY KINDERGARTEN PROGRAMS

      Funding in this section is sufficient to fund voluntary full day kindergarten programs in qualifying high poverty schools, pursuant to RCW 28A.150.220 and 28A.150.315.  Each kindergarten student who enrolls for the voluntary full-day program in a qualifying school shall count as one-half of one full-time equivalent student for purpose of making allocations under this section.  Funding in this section provides full- day kindergarten programs for 21 percent of kindergarten enrollment in  the 2011-12 school year, and 22 percent in the 2012-13 school year.  Funding priority shall be given to schools with the highest poverty levels, as measured by prior year free and reduced price lunch eligibility rates in each school.  Funding in this section is sufficient to fund voluntary full day kindergarten programs for July and August of the 2010-11 school year.

 

      (12) ADDITIONAL FUNDING FOR SMALL SCHOOL DISTRICTS AND REMOTE AND NECESSARY PLANTS

      For small school districts and remote and necessary school plants within any district which have been judged to be remote and necessary by the superintendent of public instruction, additional staff units are provided to ensure a minimum level of staffing support.  Additional administrative and certificated instructional staff units provided to districts in this subsection shall be reduced by the general education staff units, excluding career and technical education and skills center enhancement units, otherwise provided in subsections (2) through (5) of this section on a per district basis.

      (a) 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 superintendent of public instruction 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;

      (b) 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 superintendent of public instruction:

      (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;

      (c) 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, except as noted in this subsection:

      (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;

(iii) Districts receiving staff units under this subsection shall add students enrolled in a district alternative high school and any grades nine through twelve alternative learning experience programs with the small high school enrollment for calculations under this subsection;

      (d) 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;

      (e) 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;

      (f)(i) For enrollments generating certificated staff unit allocations under (a) through (e) of this subsection, one classified staff unit for each 2.94 certificated staff units allocated under such subsections;

      (ii) 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; and

      (g) School districts receiving additional staff units to support small student enrollments and remote and necessary plants under subsection (12) of this section shall generate additional MSOC allocations consistent with the nonemployee related costs (NERC) allocation formula in place for the 2010-11 school year as provided section 502, chapter 37, Laws of 2010 1st sp. sess. (2010 supplemental budget), adjusted annually for inflation.

      (13) 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.

      (14) The superintendent may distribute funding for the following programs outside the basic education formula during fiscal years 2012 and 2013 as follows:

      (a) $589,000 of the general fund--state appropriation for fiscal year 2012 and (($597,000)) $598,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW.

      (b) $436,000 of the general fund--state appropriation for fiscal year 2012 and $436,000 of the general fund--state appropriation for fiscal year 2013 are provided solely 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.

      (c) Funding in this section is sufficient to fund adjustments to school districts' allocations resulting from the implementation of the prototypical school funding formula, pursuant to chapter 236, Laws of  2010 (K-12 education funding).  The funding in this section is intended to hold school districts harmless in total for funding changes resulting from conversion to the prototypical school formula in the general apportionment program, the learning assistance program, the transitional bilingual program, and the highly capable program, after adjustment for changes in enrollment and other caseload adjustments.

      (15) $208,000 of the general fund--state appropriation for fiscal year 2012 and $211,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for school district emergencies as certified by the superintendent of public instruction.  At the close of the fiscal year the superintendent of public instruction shall report to the office of financial management and the appropriate fiscal committees of the legislature on the allocations provided to districts and the nature of the emergency.

      (16)  Funding in this section is sufficient to fund a maximum of 1.6 FTE enrollment for skills center students pursuant to chapter 463, Laws of 2007.

      (17) Beginning in the 2011-12 school year, students participating in running start programs may be funded up to a combined maximum enrollment of 1.2 FTE including school district and institution of higher education enrollment.  In calculating the combined 1.2 FTE, the office of the superintendent of public instruction may average the participating student's September through June enrollment to account for differences in the start and end dates for courses provided by the high school and higher education institution.  Additionally, the office of the superintendent of public instruction, in consultation with the state  board for community and technical colleges, the higher education coordinating board, and the education data center, shall annually track and report to the fiscal committees of the legislature on the combined FTE experience of students participating in the running start program, including course load analyses at both the high school and community and technical college system.

      (18) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (12) of this section, the following 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 (12) of this section shall be reduced in increments of twenty percent per year.

      (19)(a) Indirect cost charges by a school district to approved career and technical education middle and secondary programs shall not exceed 15 percent of the combined basic education and career and technical education program enhancement allocations of state funds.  Middle and secondary career and technical education programs are considered separate programs for funding and financial reporting purposes under this section.

      (b) Career and technical education program 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 career and technical education program enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support.

Sec. 503.  2011 2nd sp.s. c 9 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 state allocations for certificated instructional, certificated  administrative, and classified staff units as provided in RCW 28A.150.280 and under section 503 of this act:

      (a) Salary allocations for certificated instructional staff units are determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 2 by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP document 1; and

      (b) Salary allocations for certificated administrative staff units and classified staff units for each district are determined based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 2.

      (2) For the purposes of this section:

      (a) "LEAP Document 1" means the 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 May 23, 2011, at 16:10 hours; and

      (b) "LEAP Document 2" means the 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 May 23, 2011, at 16:10 hours.

      (3) Incremental fringe benefit factors are applied to salary adjustments at a rate of 15.69 percent for school year 2011-12 and ((15.69)) 15.70 percent for school year 2012-13 for certificated instructional and certificated administrative staff and 15.23 percent for school year 2011-12 and 15.23 percent for the 2012-13 school year for classified staff.

      (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:

 

Table Of Total Base Salaries For Certificated Instructional Staff For School Year 2011-12

***Education Experience***

 

 

 

 

 

 

 

 

 

 

Years

 

 

 

 

 

 

 

 

MA+90

of

 

 

 

 

 

 

 

 

OR

Service

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

Ph.D.

0

33,401

34,303

35,238

36,175

39,180

41,116

40,045

43,051

44,989

1

33,851

34,765

35,712

36,690

39,727

41,652

40,490

43,527

45,452

2

34,279

35,202

36,159

37,212

40,241

42,186

40,938

43,966

45,912

3

34,720

35,653

36,620

37,706

40,729

42,722

41,363

44,384

46,377

4

35,153

36,127

37,099

38,224

41,264

43,271

41,808

44,849

46,857

5

35,600

36,578

37,561

38,748

41,777

43,824

42,261

45,291

47,339

6

36,060

37,017

38,032

39,279

42,293

44,352

42,725

45,740

47,797

7

36,868

37,839

38,868

40,182

43,241

45,356

43,594

46,652

48,768

8

38,050

39,074

40,127

41,550

44,651

46,844

44,961

48,063

50,254

9

 

40,353

41,459

42,933

46,106

48,373

46,343

49,518

51,785

10

 

 

42,806

44,387

47,602

49,945

47,798

51,014

53,356

11

 

 

 

45,883

49,169

51,558

49,295

52,581

54,969

12

 

 

 

47,332

50,777

53,238

50,850

54,188

56,650

13

 

 

 

 

52,425

54,959

52,460

55,836

58,370

14

 

 

 

 

54,081

56,745

54,117

57,600

60,157

15

 

 

 

 

55,488

58,221

55,523

59,098

61,721

16 or more

 

 

 

 

56,597

59,385

56,634

60,279

62,955

 

 

 

Table Of Total Base Salaries For Certificated Instructional Staff For School Year 2012-13

***Education Experience***

 

 

 

 

 

 

 

 

 

 

Years

 

 

 

 

 

 

 

 

MA+90

of

 

 

 

 

 

 

 

 

OR

Service

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

Ph.D.

0

33,401

34,303

35,238

36,175

39,180

41,116

40,045

43,051

44,989

1

33,851

34,765

35,712

36,690

39,727

41,652

40,490

43,527

45,452

2

34,279

35,202

36,159

37,212

40,241

42,186

40,938

43,966

45,912

3

34,720

35,653

36,620

37,706

40,729

42,722

41,363

44,384

46,377

4

35,153

36,127

37,099

38,224

41,264

43,271

41,808

44,849

46,857

5

35,600

36,578

37,561

38,748

41,777

43,824

42,261

45,291

47,339

6

36,060

37,017

38,032

39,279

42,293

44,352

42,725

45,740

47,797

7

36,868

37,839

38,868

40,182

43,241

45,356

43,594

46,652

48,768

8

38,050

39,074

40,127

41,550

44,651

46,844

44,961

48,063

50,254

9

 

40,353

41,459

42,933

46,106

48,373

46,343

49,518

51,785

10

 

 

42,806

44,387

47,602

49,945

47,798

51,014

53,356

11

 

 

 

45,883

49,169

51,558

49,295

52,581

54,969

12

 

 

 

47,332

50,777

53,238

50,850

54,188

56,650

13

 

 

 

 

52,425

54,959

52,460

55,836

58,370

14

 

 

 

 

54,081

56,745

54,117

57,600

60,157

15

 

 

 

 

55,488

58,221

55,523

59,098

61,721

16 or more

 

 

 

 

56,597

59,385

56,634

60,279

62,955

 

      (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 part V, 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 salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2).

Sec. 504.  2011 2nd sp.s. c 9 s 504 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS

General Fund--Federal Appropriation $2,000

 

      The appropriation in this section is subject to the following conditions and limitations:

      (1)(a) Additional salary adjustments as necessary to fund the base salaries for certificated instructional staff as listed for each district in LEAP Document 2, defined in section 504(2)(b) of this act.  Allocations for these salary adjustments shall be provided to all districts that are not grandfathered to receive salary allocations above the statewide salary allocation schedule, and to certain grandfathered districts to the extent necessary to ensure that salary allocations for districts that are currently grandfathered do not fall below the statewide salary allocation schedule.

      (b) Additional salary adjustments to certain districts as necessary to fund the per full-time-equivalent salary allocations for certificated administrative staff as listed for each district in LEAP Document 2, defined in section 504(2)(b) of this act.

      (c) Additional salary adjustments to certain districts as necessary to fund the per full-time-equivalent salary allocations for classified staff as listed for each district in LEAP Document 2, defined in section 504(2)(b) of this act.

      (d) The appropriations in this subsection (1) include associated incremental fringe benefit allocations at 15.69 percent for the 2011-12 school year and ((15.69)) 15.70 percent for the 2012-13 school year for certificated instructional and certificated administrative staff and 15.23 percent for the 2011-12 school year and 15.23 percent for the 2012-13 school year for classified staff.

      (e) The appropriations in this section include the increased or decreased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in part V of this act.  Changes for general apportionment (basic education) are based on the salary allocation schedules and methodology in sections 503 and 504 of this act.  Changes for special education result from changes in each district's basic education allocation per student.  Changes 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 503 and 504 of this act.

      (f) The appropriations in this section include no salary adjustments for substitute teachers.

      (2) The maintenance rate for insurance benefit allocations is $768.00 per month for the 2011-12 and 2012-13 school years.  The appropriations in this section reflect the incremental change in cost of allocating rates of $768.00 per month for the 2011-12 school year and $768.00 per month for the 2012-13 school year.

      (3) The rates specified in this section are subject to revision each year by the legislature.

Sec. 505.  2011 2nd sp.s. c 9 s 505 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION

General Fund--State Appropriation (FY 2012) (($322,033,000))

      $322,243,000

 General Fund--State Appropriation (FY 2013) (($273,380,000))

      $273,642,000

             TOTAL APPROPRIATION (($595,413,000))

      $595,885,000

 

      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) For the 2011-12 and 2012-13 school years, the superintendent shall allocate funding to school district programs for the transportation of students as provided in RCW 28A.160.192.

      (b) From July 1, 2011 to August 31, 2011, the superintendent shall allocate funding to school districts programs for the transportation of students as provided in section 505, chapter 564, Laws of 2009, as amended through section 1404 of this act.

      (3) Any amounts appropriated for maintenance level funding for pupil transportation that exceed actual maintenance level expenditures as calculated under the funding formula that takes effect September 1, 2011, shall be distributed to districts according to RCW 28A.160.192(2)(b).

      (4) A maximum of $892,000 of this fiscal year 2012 appropriation and a maximum of $892,000 of the fiscal year 2013 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.

      (5) The office of the superintendent of public instruction shall provide reimbursement funding to a school district for school bus purchases 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.

      (6) The superintendent of public instruction shall base depreciation payments for school district buses on the pre-sales tax 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 lowest bid in the appropriate bus category for that school year.

      (7) Funding levels in this section reflect waivers granted by the state board of education for four-day school weeks as allowed under RCW 28A.305.141.

      (8) Starting with the 2012-13 school year, the office of the superintendent of public instruction shall disburse payments for bus depreciation in August.

(9) The office of the superintendent of public instruction shall develop, in consultation with the Washington association of school business officials and the Washington association for pupil transportation, a unit-cost transportation formula or hybrid formula for legislative consideration and potential adoption.  The transportation-allocation formula shall take into account statistically significant cost drivers, recognize fixed costs, and simplify the current regression-analysis transportation-allocation method.  The formula or hybrid formula developed should be based on currently collected data identified under RCW 28A.160.192(1)(a).  These data are to include basic and special student loads, school district land area, average distance to school, roadway miles, and number of locations served.  The office of the superintendent of public instruction shall report to the legislative fiscal committees, the education committees of the senate and the house of representatives, and to the office of financial management by September 30, 2012, for legislative consideration and possible amendment or adoption of the unit-cost or hybrid formula for the 2013-14 school year.

Sec. 506.  2011 2nd sp.s. c 9 s 507 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS

General Fund--State Appropriation (FY 2012) (($653,904,000))

      $648,369,000

General Fund--State Appropriation (FY 2013) (($694,237,000))

      $679,832,000

General Fund--Federal Appropriation (($486,936,000))

      $486,922,000

 Education Legacy Trust Account--State Appropriation $756,000

             TOTAL APPROPRIATION (($1,835,833,000))

      $1,815,879,000

 

      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 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 superintendent of public instruction shall continue to implement the full cost method of excess cost accounting, as designed by the committee and recommended by the superintendent, pursuant to section 501(1)(k), chapter 372, Laws of 2006.

      (c) Beginning with the 2010-11 school year award cycle, the office of the superintendent of public instruction shall make award determinations for state safety net funding in August of each school year.  Determinations on school district eligibility for state safety net awards shall be based on analysis of actual expenditure data from the current school year.

      (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)(a) For the 2011-12 and 2012-13 school years, the superintendent shall allocate funding to school district programs for special education students as provided in RCW 28A.150.390.

      (b) From July 1, 2011 to August 31, 2011, the superintendent shall allocate funding to school district programs for special education students as provided in section 507, chapter 564, Laws of 2009, as amended through section 1406 of this act.

      (5) The following applies throughout this section:  The definitions for enrollment and enrollment percent are as specified in RCW 28A.150.390(3).  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.

      (6) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be calculated in accordance with RCW 28A.150.390(3) (c) and (d), and shall be calculated in the aggregate rather than individual district units.  For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.

      (7) $8,914,000 of the general fund--state appropriation for fiscal year 2012, $34,200,000 of the general fund--state appropriation for fiscal year 2013, and $29,574,000 of the general fund--federal appropriation are provided solely for safety net awards for districts  with demonstrated needs for special education funding beyond the amounts provided in subsection (4) of this section.  If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in this subsection (7) in any fiscal year, the superintendent shall expend all available federal discretionary funds necessary to meet this need.  At the conclusion of each school year, the superintendent shall recover safety net funds that were distributed prospectively but for which districts were not subsequently eligible.

      (a) For the 2011-12 and 2012-13 school years, safety net funds shall be awarded by the state safety net oversight committee as provided in section 109(1) chapter 548, Laws of 2009 (ESHB 2261).

      (b) From July 1, 2011 to August 31, 2011, the superintendent shall operate the safety net oversight committee and shall award safety net funds as provided in section 507, chapter 564, Laws of 2009, as amended through section 1406 of this act.

      (8) 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.

      (9) 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.

      (10) 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, carryover funds shall be expended in the special education program.

      (11) $251,000 of the general fund--state appropriation for fiscal year 2012 and $251,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for two additional full-time equivalent staff to support the work of the safety net committee and to provide training and support to districts applying for safety net awards.

      (12) $50,000 of the general fund--state appropriation for fiscal year 2012, $50,000 of the general fund--state appropriation for fiscal  year 2013, and $100,000 of the general fund--federal appropriation shall be expended to support a special education ombudsman program within the office of superintendent of public instruction.

Sec. 507.  2011 2nd sp.s. c 9 s 508 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS

General Fund--State Appropriation (FY 2012) (($7,889,000))

      $7,894,000

General Fund--State Appropriation (FY 2013) (($7,904,000))

      $7,912,000

      TOTAL APPROPRIATION (($15,793,000)) $15,806,000

 

      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) Funding within this section is provided for regional professional development related to mathematics and science curriculum and instructional strategies.  Funding shall be distributed among the educational service districts in the same proportion as distributions in the 2007-2009 biennium.  Each educational service district shall use this funding solely for salary and benefits for a certificated instructional staff with expertise in the appropriate subject matter and in professional development delivery, and for travel, materials, and other expenditures related to providing regional professional development support.

      (3) 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. 508.  2011 2nd sp.s. c 9 s 509 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE

General Fund--State Appropriation (FY 2012) (($300,761,000))

      $300,768,000

General Fund--State Appropriation (FY 2013) (($299,276,000))

      $298,166,000
General Fund--Federal Appropriation $4,400,000

      TOTAL APPROPRIATION (($600,037,000)) $603,334,000

 

      The appropriations in this section are subject to the following conditions and limitations:  For purposes of RCW 84.52.0531, the increase per full-time equivalent student is 3 percent from the 2010-11 school year to the 2011-12 school year and 5 percent from the 2011-12 school year to the 2012-13 school year.

Sec. 509.  2011 2nd sp.s. c 9 s 510 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS

General Fund--State Appropriation (FY 2012) (($17,507,000))

      $16,694,000

General Fund--State Appropriation (FY 2013) (($16,969,000))

      $15,867,000

      TOTAL APPROPRIATION (($34,476,000)) $32,561,000

 

      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) (($669,000)) $586,000 of the general fund--state appropriation for fiscal year 2012 and (($669,000)) $549,000 of the general fund-- state appropriation for fiscal year 2013 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, programs for juveniles under the juvenile rehabilitation administration, and programs for juveniles operated by city and county jails.

      (6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.

Sec. 510.  2011 2nd sp.s. c 9 s 511 (uncodified) is amended to read as follows:

FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS

General Fund--State Appropriation (FY 2012) (($8,759,000))

      $8,745,000

General Fund--State Appropriation (FY 2013) (($8,842,000))

      $8,788,000

      TOTAL APPROPRIATION (($17,601,000)) $17,533,000

 

      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) For the 2011-12 and 2012-13 school years, the superintendent shall allocate funding to school district programs for highly capable students as provided in RCW 28A.150.260(10)(c).  In calculating the allocations, the superintendent shall assume the following:  (i) Additional instruction of 2.1590 hours per week per funded highly capable program student; (ii) fifteen highly capable program students per teacher; (iii) 36 instructional weeks per year; (iv) 900 instructional hours per teacher; and (v) the district's average staff mix and compensation rates as provided in sections 503 and 504 of this act.

      (b) From July 1, 2011, to August 31, 2011, the superintendent shall allocate funding to school districts programs for highly capable students as provided in section 511, chapter 564, Laws of 2009, as amended through section 1409 of this act.

      (3) $85,000 of the general fund--state appropriation for fiscal year 2012 and $85,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the centrum program at Fort Worden state park.

Sec. 511.  2011 2nd sp.s. c 9 s 513 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS

General Fund--State Appropriation (FY 2012) $58,078,000

General Fund--State Appropriation (FY 2013) (($98,309,000))

      $103,655,000

General Fund--Federal Appropriation (($219,161,000)) $219,147,000

General Fund--Private/Local Appropriation $4,000,000

Education Legacy Trust Account--State Appropriation (($1,598,000))

      $1,596,000

      TOTAL APPROPRIATION (($381,146,000)) $386,476,000

 

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

      (1) $40,822,000 of the general fund--state appropriation for fiscal year 2012, (($41,613,000)) $41,614,000 of the general fund--state appropriation for fiscal year 2013, $1,350,000 of the education legacy trust account--state appropriation, and $15,868,000 of the general fund--federal appropriation are provided solely for development and implementation of the Washington state assessment system, including:  (a) Development and implementation of retake assessments for high school students who are not successful in one or more content areas and (b) development and implementation of alternative assessments or appeals procedures to implement the certificate of academic achievement.  The superintendent of public instruction shall report quarterly on the progress on development and implementation of alternative assessments or appeals procedures.  Within these amounts, the superintendent of public instruction shall contract for the early return of 10th grade student assessment results, on or around June 10th of each year.  State funding shall be limited to one collection of evidence payment per student, per content-area assessment.

      (2) $356,000 of the general fund--state appropriation for fiscal year 2012 and $356,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state leadership and assistance for science education reform (LASER) regional partnership activities coordinated at the Pacific science center, including instructional material purchases, teacher and principal professional development, and school and community engagement events.

      (3) $980,000 of the general fund--state appropriation for fiscal year 2012 and $980,000 of the general fund--state appropriation for fiscal year 2013 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.

      (4) $3,852,000 of the general fund--state appropriation for fiscal year 2012 and $2,624,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for continued implementation of chapter 235, Laws of 2010 (education reform) including development of new performance-based evaluation systems for certificated educators.

      (5)(a) (($40,681,000)) $39,296,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the following bonuses for teachers who hold valid, unexpired certification from the national board for professional teaching standards and who are teaching in a Washington public school, subject to the following conditions and limitations:

      (i) For national board certified teachers, a bonus of $5,090 per teacher in the 2011-12 and 2012-13 school years, adjusted for inflation in each school year in which Initiative 732 cost of living adjustments are provided;

      (ii) An additional $5,000 annual bonus shall be paid to national board certified teachers who teach in either:  (A) High schools where at least 50 percent of student headcount enrollment is eligible for federal free or reduced price lunch, (B) middle schools where at least 60 percent of student headcount enrollment is eligible for federal free or reduced price lunch, or (C) elementary schools where at least 70 percent of student headcount enrollment is eligible for federal free or reduced price lunch;

      (iii) The superintendent of public instruction shall adopt rules to ensure that national board certified teachers meet the qualifications for bonuses under (a)(ii) of this subsection for less than one full school year receive bonuses in a pro-rated manner.  Beginning in the 2011-12 school year, all bonuses in (a)(i) and (ii) of this subsection will be paid in July of each school year.  Bonuses in (a)(i) and (ii) of this subsection shall be reduced by a factor of 40 percent for first year NBPTS certified teachers, to reflect the portion of the instructional school year they are certified; and

      (iv) During the 2011-12 and 2012-13 school years, and within available funds, certificated instructional staff who have met the  eligibility requirements and have applied for certification from the national board for professional teaching standards may receive a conditional loan of two thousand dollars or the amount set by the office of the superintendent of public instruction to contribute toward the current assessment fee, not including the initial up-front candidacy payment.  The fee shall be an advance on the first annual bonus under RCW 28A.405.415.  The conditional loan is provided in addition to compensation received under a district's salary schedule and shall not be included in calculations of a district's average salary and associated salary limitation under RCW 28A.400.200.  Recipients who fail to receive certification after three years are required to repay the conditional loan.  The office of the superintendent of public instruction shall adopt rules to define the terms for initial grant of the assessment fee and repayment, including applicable fees.  To the extent necessary, the superintendent may use revenues from the repayment of conditional loan scholarships to ensure payment of all national board bonus payments required by this section in each school year.

      (6) $477,000 of the general fund--state appropriation for fiscal year 2012 and $477,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the leadership internship program for superintendents, principals, and program administrators.

      (7) $950,000 of the general fund--state appropriation for fiscal year 2012 and $950,000 of the general fund--state appropriation for fiscal year 2013 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.

      (8) $810,000 of the general fund--state appropriation for fiscal year 2012 and $810,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the development of a leadership academy for school principals and administrators.  The superintendent of public instruction shall contract with an independent organization to design, field test, and implement a state-of-the-art education leadership academy that will be accessible throughout the state.  Initial development of the content of the academy activities shall be supported by private funds.  Semiannually the independent  organization shall report on amounts committed by foundations and others to support the development and implementation of this program.  Leadership academy partners shall include the state level organizations for school administrators and principals, the superintendent of public instruction, the professional educator standards board, and others as the independent organization shall identify.

      (9) $3,234,000 of the general fund--state appropriation for fiscal year 2012 and $3,234,000 of the general fund--state appropriation for fiscal year 2013 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.

      (10) $1,500,000 of the general fund--state appropriation for fiscal year 2012 and $1,500,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of chapter 288, Laws of 2011 (actual student success program), including allocations to the opportunity internship program, the jobs for America's graduates program, the building bridges program, services provided by a college scholarship organization.  Funding shall not be used in the 2011-2013 fiscal biennium to provide awards for schools and school districts.

      (11) $859,000 of the general fund--state appropriation for fiscal year 2012, (($846,000)) $808,000 of the general fund--state appropriation for fiscal year 2013, and $248,000 of the education legacy trust account--state appropriation are for administrative support of education reform programs.

      (12) $2,000,000 of the general fund--state appropriation for fiscal year 2012 and $2,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a statewide information technology (IT) academy program.  This public-private partnership will provide educational software, as well as IT certification and software training opportunities for students and staff in public schools.

      (13) $977,000 of the general fund--state appropriation for fiscal year 2012 and (($977,000)) $1,077,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for secondary career and technical  education grants pursuant to chapter 170, Laws of 2008.  If equally matched by private donations, $300,000 of the 2012 appropriation and $300,000 of the 2013 appropriation shall be used to support FIRST robotics programs.  Of the amounts in this subsection, $100,000 of the fiscal year 2013 appropriation is provided solely for the purpose of statewide supervision activities for career and technical education student leadership organizations.

      (14) $125,000 of the general fund--state appropriation for fiscal year 2012 and $125,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for (a) staff at the office of the superintendent of public instruction to coordinate and promote efforts to develop integrated math, science, technology, and engineering programs in schools and districts across the state; and (b) grants of $2,500 to provide twenty middle and high school teachers each year with professional development training for implementing integrated math, science, technology, and engineering programs in their schools.

      (15) $135,000 of the general fund--state appropriation for fiscal year 2012 and $135,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for science, technology, engineering and mathematics lighthouse projects, consistent with chapter 238, Laws of 2010.

      (16) $1,000,000 of the general fund--state appropriation for fiscal year 2012 and $1,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a beginning educator support program.  School districts and/or regional consortia may apply for grant funding.  The superintendent shall implement this program in 5 to 15 school districts and/or regional consortia.  The program provided by a district and/or regional consortia shall include:  A paid orientation; assignment of a qualified mentor; development of a professional growth plan for each beginning teacher aligned with professional certification; release time for mentors and new teachers to work together; and teacher observation time with accomplished peers.  $250,000 may be used to provide statewide professional development opportunities for mentors and beginning educators.

(17) $5,767,000 of the general fund--state appropriation for fiscal year 2013 is provided solely pursuant to Engrossed Substitute Senate Bill No. 5895 (certificated employee evaluations).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (18) $200,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the American Academy to provide social support and academic intervention to students who have been suspended or expelled, are pregnant or parenting teens, have dropped out of school, or are significantly at risk of dropping out of school.  Students are eligible to participate with the recommendation and approval of their resident school district.
      (19) $250,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for advanced project lead the way courses at ten high schools.  To be eligible for funding, a high school must have offered a foundational project lead the way course during the 2011-12 school year.  The funding must be used for one-time start-up course costs for an advanced project lead the way course, to be offered to students beginning in the 2012-13 school year.  The office of the superintendent of public instruction and the education research and data center at the office of financial management shall track student participation and long-term outcome data.
      (20) $150,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for aerospace and manufacturing technical programs housed at two skill centers.  The one-time funding is provided for start-up equipment and curriculum purchases.  To be eligible for funding, the skill center must agree to provide regional high schools with access to a technology laboratory, expand manufacturing certificate and course offerings at the skill center, and provide a laboratory space for local high school teachers to engage in professional development in the instruction of courses leading to student employment certification in the aerospace and manufacturing industries.  The office of the superintendent of public instruction shall administer the grants in consultation with the center for excellence for aerospace and advanced materials manufacturing.
      (21) $300,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for start-up grants to twelve high schools to implement the aerospace assembler program.  Participating high schools must agree to offer the aerospace assembler training program to students by spring semester of school year 2012-13.  The office of the superintendent of public instruction and the education research and data center at the office of financial management shall track student participation and long-term outcome data.

Sec. 512.  2011 2nd sp.s. c 9 s 514 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS

General Fund--State Appropriation (FY 2012) (($79,496,000))

      $79,575,000

General Fund--State Appropriation (FY 2013) (($82,856,000))

      $80,666,000

General Fund--Federal Appropriation $71,001,000

      TOTAL APPROPRIATION (($233,353,000)) $231,242,000

 

      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) For the 2011-12 and 2012-13 school years, the superintendent shall allocate funding to school districts for transitional bilingual programs as provided in RCW 28A.150.260(10)(b).  In calculating the allocations, the superintendent shall assume the following averages:  (i) Additional instruction of 4.7780 hours per week per transitional bilingual program student; (ii) fifteen transitional bilingual program students per teacher; (iii) 36 instructional weeks per year; (iv) 900 instructional hours per teacher; and (v) the district's average staff mix and compensation rates as provided in sections 503 and 504 of this act.

      (b) From July 1, 2011, to August 31, 2011, the superintendent shall allocate funding to school districts for transitional bilingual instruction programs as provided in section 514, chapter 564, Laws of 2009, as amended through section 1411 of this act.

      (c) The allocations in this section reflect the implementation of a new funding formula for the transitional bilingual instructional program, effective September 1, 2011, as specified in RCW 28A.150.260(10)(b).

      (3) The superintendent may withhold allocations to school districts in subsection (2) of this section solely for the central provision of assessments as provided in RCW 28A.180.090 (1) and (2) up to the following amounts:  2.79 percent for school year 2011-12 and ((2.09)) 2.11 percent for school year 2012-13.

      (4) The general fund--federal appropriation in this section is 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.

      (5)(((a) The office of the superintendent of public instruction shall implement)) In preparing its 2013-15 biennial budget request, the office of the superintendent of public instruction shall prepare for implementation of a funding model for the transitional bilingual program, beginning in school year ((2012-13)) 2013-14, that is scaled to provide more support to students requiring most intensive intervention, (students with beginning levels of English language proficiency) and less support to students requiring less intervention.  The funding model shall also  provide up to two years of bonus funding upon successful exit from the bilingual program to facilitate successful transition to a standard program of education.

      (((b) It is expected that per-pupil funding for level 2 proficiency will be set at the same level as would have been provided statewide prior to establishing differential per-pupil amounts; level 1 will be 125 percent of level 2; level 3 through the level prior to exit will be 75 percent of level 2; and two bonus years upon successful demonstration of proficiency will be 100 percent of level 2.  Prior to implementing in school year 2012-13, the office of the superintendent of public instruction shall provide to the senate and house of representatives ways and means committees recommended rates based on the results of proficiency test procurement, expressed as both per- pupil rates and hours of instruction as provided in RCW 28A.150.260(10)(b).
      (c) Each bilingual student shall be tested for proficiency level and, therefore, eligibility for the transitional bilingual program each year.  The bonus payments for up to two school years following successful exit from the transitional bilingual program shall be allocated to the exiting school district.  If the student graduates or transfers to another district prior to the district receiving both years' bonuses, the district shall receive the bonus for only the length of time the student remains enrolled in the exiting district.
      (d)  The quality education council shall examine the revised funding model developed under this subsection and provide a report to the education and fiscal committees of the legislature by December 1, 2011, that includes recommendations for:
      (i) Changing the prototypical school funding formula for the transitional bilingual program to align with the revised model in an accurate and transparent manner;
      (ii) Reconciling the revised model with statutory requirements for categorical funding of the transitional bilingual instructional program that is restricted to students eligible for and enrolled in that program;
      (iii) Clarifying the elements of the transitional bilingual instructional program that fall under the definition of basic education and the impact of the revised model on them; and
      (iv) The extent that the disparate financial impact of the revised model on different school districts should be addressed and options for addressing it.
      (e) The office of the superintendent of public instruction shall report to the senate and house of representatives ways and means committees and education committees annually by December 31st of each year, through 2018, regarding any measurable changes in proficiency, time-in-program, and transition experience.
      (6))) $35,000 of the general fund--state appropriation for fiscal year 2012 and $35,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to track current and former transitional bilingual program students.

Sec. 513.  2011 2nd sp.s. c 9 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 2012) (($102,470,000))

      $102,619,000

General Fund--State Appropriation (FY 2013) (($103,666,000))

      $128,779,000

General Fund--Federal Appropriation $492,207,000

Education Legacy Trust Account--State

      Appropriation ($47,980,000)) $23,990,000

      TOTAL APPROPRIATION (($746,323,000)) $747,595,000

 

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

      (1) The general fund--state 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)(i) For the 2011-12 and 2012-13 school years, the superintendent shall allocate funding to school districts for learning assistance programs as provided in RCW 28A.150.260(10)(a).  In calculating the allocations, the superintendent shall assume the following averages: (A) Additional instruction of 1.51560 hours per week per funded learning assistance program student; (B) fifteen learning assistance program students per teacher; (C) 36 instructional weeks per year; (D) 900 instructional hours per teacher; and (E) the district's average staff mix and compensation rates as provided in sections 503 and 504 of this act.

      (ii) From July 1, 2011, to August 31, 2011, the superintendent shall allocate funding to school districts for learning assistance programs as provided in section 515, chapter 564, Laws of 2009, as amended through section 1412 of this act.

      (c) A school district's funded students for the learning assistance program shall be the sum of 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.

      (2) Allocations made pursuant to subsection (1) of this section shall be adjusted to reflect ineligible applications identified through the annual income verification process required by the national school lunch program, as recommended in the report of the state auditor on the learning assistance program dated February, 2010.

      (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) 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.

      (5) The office of the superintendent of public instruction shall research and recommend options for an adjustment factor for middle school and high school free and reduced price lunch eligibility reporting rates pursuant to RCW 28A.150.260(12)(a), and submit a report to the fiscal committees of the legislature by June 1, 2012.  For the 2011-12 and 2012-13 school years, the adjustment factor is 1.0.

Sec. 514.  2011 1st sp.s. c 50 s 516 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

      (1) Amounts distributed to districts by the superintendent through part V of this act are for allocations purposes only and do not entitle a particular district, district employee, or student to a specific service, beyond what has been expressly provided in statute.  Part V of this act restates the requirements of various sections of Title 28A RCW.  If any conflict exists, the provisions of Title 28A RCW control unless this act explicitly states that it is providing an enhancement.   Any amounts provided in part V of this act in excess of the amounts required by Title 28A RCW provided in statute, are not within the program of basic education.

      (2) To the maximum extent practicable, when adopting new or revised rules or policies relating to the administration of allocations in part V of this act that result in fiscal impact, the office of the superintendent of public instruction shall attempt to seek legislative approval through the budget request process.

      (3) Appropriations made in this act to the office of the 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 (4) of this section.
      (4) The appropriations to the office of the superintendent of public instruction in this act shall be expended for the programs and amounts specified in this act.  However, after May 1, 2012, 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 2012 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; highly capable; and learning assistance programs.
      (5) 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 VI
HIGHER EDUCATION

Sec. 601.  2011 2nd sp.s. c 9 s 601 (uncodified) is amended to read as follows:

FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES

General Fund‑-State Appropriation (FY 2012) (($533,009,000))

      $532,841,000

General Fund‑-State Appropriation (FY 2013) (($525,644,000))

      $516,861,000

Community/Technical College Capital Projects

      Account‑-State Appropriation (($8,037,000)) $12,793,000

Education Legacy Trust Account--State

      Appropriation (($95,370,000)) $95,256,000

      TOTAL APPROPRIATION (($1,162,060,000))$1,157,751,000

 

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

      (1) $28,761,000 of the general fund‑-state appropriation for fiscal year 2012 and $28,761,000 of the general fund‑-state appropriation for fiscal year 2013 are provided solely as special funds for training and related support services, including financial aid, as specified in RCW 28C.04.390.  Funding is provided to support at least 6,200 full-time equivalent students in fiscal year 2012 and at least 6,200 full-time equivalent students in fiscal year 2013.

      (2) $2,725,000 of the general fund‑-state appropriation for fiscal year 2012 and $2,725,000 of the general fund‑-state appropriation for fiscal year 2013 are provided solely for administration and customized training contracts through the job skills program.  The state board shall make an annual report by January 1st of each year to the governor and to the appropriate policy and fiscal committees of the legislature regarding implementation of this section, listing the scope of grant awards, the distribution of funds by educational sector and region of the state, and the results of the partnerships supported by these funds.

      (3) $4,500,000 of the general fund--state appropriation for fiscal year 2012 and $4,500,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for worker retraining.

      (4) Of the amounts appropriated in this section, $5,000,000 is provided solely for the student achievement initiative.

      (5) When implementing the appropriations in this section, the state board and the trustees of the individual community and technical colleges shall minimize impact on academic programs, maximize reductions in administration, and shall at least maintain, and endeavor to increase, enrollment opportunities and degree and certificate production in high employer-demand fields of study at their academic year 2008-09 levels.

      (6) Community and technical colleges are not required to send mass mailings of course catalogs to residents of their districts.  Community and technical colleges shall consider lower cost alternatives, such as mailing postcards or brochures that direct individuals to online information and other ways of acquiring print catalogs.

      (7) Bellevue college is authorized to offer ((applied)) baccalaureate degrees in information technology, health care services and management, biotechnology, and preprofessional preparation for medical fields.  These degrees shall be directed at high school graduates and transfer-oriented degree and professional and technical degree holders.  In fiscal year 2012, Bellevue college will develop a two-year plan for offering these new degrees.  The plan will assume funding for these new degrees shall come through redistribution of its current per full-time enrollment funding.  The plan shall be delivered to the legislature by June 30, 2012.

      (8) The Seattle community college district is authorized to offer applied baccalaureate degree programs in business/international business and technology management, interactive and artistic digital media, sustainability, building science technology, and allied and global health.  These degrees shall be directed at high school graduates and professional and technical degree holders.  In fiscal year 2012, Seattle community colleges shall develop a two-year plan for offering these new degrees.  The plan will assume that funding for these new degrees comes through redistribution of its current per full- time enrollment funding.  The plan shall be delivered to the legislature by June 30, 2012.

(9) $100,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the Jefferson education center.
      (10) $2,000,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in enrollments in science, technology, engineering, and math.  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the state board for community and technical colleges shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each June 30th thereafter, the state board for community and technical colleges shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (11) Amounts appropriated in this section are sufficient for the state board for community and technical colleges to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (12) $131,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of Second Substitute House Bill No. 2156 (workforce training/aerospace).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (13) The state board for community and technical colleges shall not use funds appropriated in this section to support intercollegiate athletics programs.
      (14) $200,000 of the general fund--state appropriation for fiscal year 2012 and $1,851,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for implementation of the customized training program under RCW 28B.67.020.

Sec. 602.  2011 2nd sp.s. c 9 s 602 (uncodified) is amended to read as follows:

FOR THE UNIVERSITY OF WASHINGTON

General Fund‑-State Appropriation (FY 2012) (($201,388,000))

      $201,226,000

General Fund‑-State Appropriation (FY 2013) (($206,358,000))

      $201,612,000

Education Legacy Trust Account--State Appropriation $18,579,000

Economic Development Strategic Reserve Account--
      State Appropriation $1,500,000

Biotoxin Account‑-State Appropriation $450,000

Accident Account‑-State Appropriation (($6,699,000)) $6,681,000

Medical Aid Account‑-State Appropriation (($6,502,000)) $6,488,000

      TOTAL APPROPRIATION (($439,976,000)) $436,536,000

 

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

      (1) In implementing the appropriations in this section, the president and regents shall seek to minimize impacts on student services and instructional programs by maximizing reductions in administration and other noninstructional activities.

      (2) $150,000 of the general fund--state appropriation for fiscal year 2012 and $150,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the development of integrated medical curriculum for the Washington/Wyoming/Alaska/Montana/Idaho (WWAMI) medical education program in Spokane and eastern Washington.  Funding is contingent on appropriations being provided to Washington State University for WWAMI program expansion in Spokane and eastern Washington.

      (3) $52,000 of the general fund--state appropriation for fiscal year 2012 and $52,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the center for international trade in forest products in the college of forest resources.

      (4) $88,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5485 (state's natural resources).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (5) $143,000 of the general fund--state appropriation for fiscal year 2012 and $144,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the ongoing management of the Washington park arboretum.

(6) $3,800,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in engineering enrollments, including enrollments in the field of computer science.  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the university shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each September 1st thereafter, the university shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (7) Amounts appropriated in this section are sufficient for the university to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (8) $610,000 of the general fund--state appropriation for fiscal year 2012 is provided solely to expand health sciences capacity at the University of Washington for Washington, Wyoming, Alaska, Montana, Idaho (WWAMI) and $190,000 of the general fund--state appropriation for fiscal year 2012 is provided solely to expand health sciences capacity at the University of Washington for Regional Initiatives in Dental Education (RIDE) for the WWAMI-RIDE program expansion to achieve full ramp-up of first-year medical students and dental students each year of the four-year programs.
      (9) The University of Washington shall not use funds appropriated in this section to support intercollegiate athletics programs.
      (10) Amounts appropriated in this section are sufficient to cover the costs associated with the implementation of Engrossed Substitute Senate Bill No. 6486 (collective bargaining for post-doctoral researchers).

Sec. 603.  2011 2nd sp.s. c 9 s 603 (uncodified) is amended to read as follows:

FOR WASHINGTON STATE UNIVERSITY

General Fund‑-State Appropriation (FY 2012) (($134,512,000))

      $134,454,000

General Fund‑-State Appropriation (FY 2013) (($136,087,000))

      $133,692,000

Education Legacy Trust Account--State Appropriation $33,065,000

      TOTAL APPROPRIATION (($303,664,000)) $301,211,000

 

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

      (1) In implementing the appropriations in this section, the president and regents shall seek to minimize impacts on student services and instructional programs by maximizing reductions in administration and other noninstructional activities.

      (2) Within available funds, Washington State University shall serve an additional cohort of fifteen full-time equivalent students in the mechanical engineering program located at Olympic College.

      (3) $300,000 of the general fund--state appropriation for fiscal year 2012 and $300,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the expansion of health sciences capacity through the Washington/Wyoming/Alaska/Montana/Idaho (WWAMI) medical education program in Spokane and eastern Washington.  Funding is contingent on appropriations being provided to the University of Washington for integrated medical curriculum development for WWAMI.

(4) $3,800,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in engineering enrollments, including enrollments in the field of computer science, including thirty additional full-time equivalent students in the mechanical engineering program located at Olympic College.  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the university shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each June 30th thereafter, the university shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (5) Amounts appropriated in this section are sufficient for the university to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (6) Washington State University shall not use funds appropriated in this section to support intercollegiate athletics programs.
      (7) Amounts appropriated in this section are sufficient to cover the costs associated with the implementation of Engrossed Substitute Senate Bill No. 6486 (collective bargaining for post-doctoral researchers).
      (8) $25,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington State University extension energy program to conduct a study of densified biomass as a renewable fuel used for heating homes, businesses, and other facilities.  A report of the findings shall be submitted to the governor and the appropriate committees of the legislature by December 1, 2012.

Sec. 604.  2011 2nd sp.s. c 9 s 604 (uncodified) is amended to read as follows:

FOR EASTERN WASHINGTON UNIVERSITY

General Fund‑-State Appropriation (FY 2012) (($26,257,000))

      $26,239,000

General Fund‑-State Appropriation (FY 2013) (($26,541,000))

      $25,759,000

Education Legacy Trust Account--State Appropriation $16,087,000

      TOTAL APPROPRIATION (($68,885,000)) $68,085,000

 

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

      (1) In implementing the appropriations in this section, the president and governing board shall seek to minimize impacts on student services and instructional programs by maximizing reductions in administration and other noninstructional activities.

      (2) At least $200,000 of the general fund--state appropriation for  fiscal year 2012 and at least $200,000 of the general fund--state appropriation for fiscal year 2013 shall be expended on the Northwest autism center.

(3) Amounts appropriated in this section are sufficient for the university to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (4) $479,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in enrollments in science, technology, engineering and math as defined in RCW 28B.76.270(2)(k).  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the university shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each September 1 thereafter, the college shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (5) Eastern Washington University shall not use funds appropriated in this section to support intercollegiate athletics programs.

Sec. 605.  2011 2nd sp.s. c 9 s 605 (uncodified) is amended to read as follows:

FOR CENTRAL WASHINGTON UNIVERSITY

General Fund‑-State Appropriation (FY 2012) (($22,468,000))

      $23,262,000

General Fund‑-State Appropriation (FY 2013) (($22,525,000))

      $22,720,000

Education Legacy Trust Account--State Appropriation $19,076,000

      TOTAL APPROPRIATION (($64,069,000)) $65,058,000

 

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

(1) In implementing the appropriations in this section, the president and governing board shall seek to minimize impacts on student services and instructional programs by maximizing reductions in administration and other noninstructional activities.

(2) Amounts appropriated in this section are sufficient for the university to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (3) $406,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in enrollments in science, technology, engineering and math as defined in RCW 28B.76.270(2)(k).  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the university shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each September 1 thereafter, the college shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (4) Central Washington University shall not use funds appropriated in this section to support intercollegiate athletics programs.

Sec. 606.  2011 2nd sp.s. c 9 s 606 (uncodified) is amended to read as follows:

FOR THE EVERGREEN STATE COLLEGE

General Fund‑-State Appropriation (FY 2012) (($15,595,000))

      $15,634,000

General Fund‑-State Appropriation (FY 2013) (($15,339,000))

      $15,164,000

Education Legacy Trust Account--State Appropriation $5,450,000

Forest Fire Protection Assessment Account--State
      Appropriation $100,000

      TOTAL APPROPRIATION (($36,384,000)) $36,348,000

 

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

      (1) In implementing the appropriations in this section, the president and governing board shall seek to minimize impacts on student services and instructional programs by maximizing reductions in administration and other noninstructional activities.

      (2) $50,000 of the general fund--state appropriation for fiscal year 2012 and $25,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state institute for public policy to conduct a detailed study of the commitment of sexually violent predators to the special commitment center pursuant to chapter 71.09 RCW and the subsequent release of those persons to less-restrictive alternatives.

      (a) Specifically, the institute's study shall examine:

      (i) The projected future demand for the special commitment center, including profiles and characteristics of persons referred and committed to the special commitment center since its inception, whether  the profiles of those persons have changed over time, and, given current trends, the likelihood of the continuing rate of referral;

      (ii) Residents' participation in treatment over time and the impact of treatment on eventual release to a less-restrictive alternative;

      (iii) The annual review process and the process for a committed person to petition for conditional or unconditional release, specifically:

      (A) The time frames for conducting mandatory reviews;

      (B) The role of the special commitment center clinical team;

      (C) Options and standards utilized by other jurisdictions or similar processes to conduct periodic reviews, including specialized courts, parole boards, independent review boards, and other commitment proceedings;

      (iv) The capacity and future demand for appropriate less restrictive alternatives for moving residents out of the special commitment center, including:

      (A) The capacity and demand for secure community transition facilities;

      (B) Options for specialized populations such as the elderly or those with developmental disabilities and whether more cost-efficient options might be used to house those populations while keeping the public safe;

      (C) Prospects for moving residents to noninstitutionalized settings beyond a secure community transition facility.

      (b) The department of social and health services shall cooperate with the institute in conducting its examination and must provide the institute with requested data and records in a timely manner.

      (c) The institute shall provide a status report to the governor and the legislature no later than November 1, 2011, with a final report due no later than November 1, 2012.

      (3) $50,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the institute for public policy to provide research support to the council on quality education.

      (4) To the extent federal or private funding is available for this purpose, the Washington state institute for public policy and the center for reinventing public education at the University of Washington shall examine the relationship between participation in pension systems and teacher quality and mobility patterns in the state.  The department of retirement systems shall facilitate researchers' access to necessary individual-level data necessary to effectively conduct the study.  The researchers shall ensure that no individually identifiable information will be disclosed at any time.  An interim report on project findings shall be completed by November 15, 2010, and a final report shall be submitted to the governor and to the relevant committees of the legislature by October 15, 2011.

      (5) Funding provided in this section is sufficient for The Evergreen State College to continue operations of the Longhouse Center and the Northwest Indian applied research institute.

      (6) If, and to the extent that private funding is available for this purpose, the Washington state institute for public policy shall study and report on the child welfare and educational characteristics and outcomes for foster youth who are served by educational advocates.  The department of social and health services and the office of the superintendent of public instruction shall facilitate researchers' access to data necessary to effectively complete the study.  The institute shall submit an interim report with baseline characteristics of youth served by educational advocates by December 2011 and a final report by October 31, 2012, to the governor and to the appropriate committees of the legislature.

      (7) $75,000 of the general fund--state appropriation for fiscal year 2012 is provided to the Washington state institute for public policy (WSIPP) to conduct a review of state investments in the family caregiver and support program.  Funding for this program is provided by assumed savings from diverting seniors from entering into long-term care medicaid placements by supporting informal caregivers.  WSIPP shall work with the department of social and health services to establish and review outcome data for this investment.  A preliminary  report on the outcomes of the investment into this program is due to the appropriate legislative committees by December 15, 2011, and a final report is due to the appropriate legislative committees by August 30, 2012.

(8) $50,000 of the general fund--state appropriation for fiscal year 2013 is provided solely to implement Second Substitute House Bill No. 2264 (child welfare/contracting).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (9) Amounts appropriated in this section are sufficient for the college to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (10) $276,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in enrollments in science, technology, engineering and math as defined in RCW 28B.76.270(2)(k).  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the college shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each September 1 thereafter, the college shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (11) $17,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to implement Substitute Senate Bill No. 6492 (competency to stand trial).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (12) $40,000 of the general fund--state appropriation for fiscal year 2012 and $60,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state institute for public policy to conduct a longitudinal study of the state need grant program.  The purpose of this study is to determine to what extent this program has increased access and degree attainment for low- income students and to determine whether the funding for the state need grant has been utilized in the most efficient way possible to maximize the enrollment and degree attainment of low-income students.  This study shall include, but not be limited to, a review of the following:  (a) The demographics of recipients of the state need grant program, including, but not limited to, gender, race, and income; (b) the effect of the state need grant on enrollment rates of low-income students at the different institutions of higher education and whether these students attend full-time or part-time; (c) the effect of the state need grant on recipients' persistence, performance, degree or certificate completion, and time to degree or certificate completion at the different institutions of higher education; (d) an inventory of the types of degrees and certifications at the different institutions of higher education, by field of study, obtained by recipients; and (e) the interplay of the state need grant program with other forms of financial aid and the effect of this interplay on access and degree attainment of low-income students.  A preliminary report of the findings shall be submitted to the governor and the appropriate committees of the legislature by December 1, 2012.  A final report of the findings shall be submitted to the governor and the appropriate committees of the legislature by December 1, 2013.  The preliminary report shall provide a comparison of Washington's state need grant program to similar programs in other states.  The reports shall include recommendations for using more efficiently the funds provided to the state need grant program to increase access and degree attainment of low-income students.  To the maximum extent possible, this report shall disaggregate the demographic and institution specific data in a manner that will inform policymakers of the enrollment patterns and success of specific subsets of recipients within the different institutions of higher education.  The higher education coordinating board, or its successor agency, the education data center, and the institutions of higher education shall cooperate with the Washington state institute for public policy in the conduct of this study and shall provide to the institute the necessary data and information to complete this study.
      (13) $15,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state institute for public policy to conduct an evaluation of the benefits provided in the pension plans offered by public employers in the state.
      (a) Specifically, the study shall examine:
      (i) The level of benefits offered by the state retirement plans and retirement plans sponsored by local government employers relative to the benefits provided in other states;
      (ii) The adequacy of pension benefits provided to public employees, including barriers to retirement;
      (iii) Barriers to the portability of retirement benefits between public employers in the state, including opportunities to improve benefit portability and compatibility; and
      (iv) The treatment of overtime earnings in public employee retirement plans relative to the treatment of earnings in other states, including the impact of excess compensation on state retirement system contribution rates with a particular emphasis on agencies that operate on a 24-hour basis, such as the state patrol, ferry system, and state prisons.
      (b) In conducting the study, the institute shall collaborate with the office of the state actuary and shall solicit input from local government plan sponsors.
      (c) The institute shall report its findings to the select committee on pension policy and the committees on ways and means of the house of representatives and the senate by December 1, 2012.
      (14) $5,000 of the general fund--state appropriation for fiscal year 2012 and $10,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state institute for public policy to assess the potential costs and benefits of implementing the national academy of pediatricians' "bright futures" recommended schedule of well-child visits, developmental, and autism screenings in state medical assistance programs.  The assessment shall be conducted in consultation with subject area experts, and shall include an estimate of the full cost of implementing the revised standards; identification and estimation of the fiscal and nonfiscal benefits; and computation of an estimated return on investment.  The health care authority shall provide the institute with confidential access to claims and encounter data as necessary to complete this project.  The institute shall report its finding to the relevant policy and fiscal committees of the legislature by December 31, 2012.
      (15) The Evergreen State College shall not use funds appropriated in this section to support intercollegiate athletics programs.
      (16) $46,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of section 10 of Engrossed Substitute House Bill No. 2363 (domestic violence).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.
      (17) The Washington state institute for public policy shall conduct a review of the evaluation literature to determine the effectiveness of chemical dependency programs delivered in adult criminal justice and juvenile justice systems.  The review shall identify characteristics of chemical dependency programs that are cost-effective at reducing crime and substance abuse.  Specifically, the review will include an examination of the types of chemical dependency treatments, including residential and outpatient treatments; the efficacy of aftercare following formal treatment; and the impact of the duration of treatment on outcomes.  The department of corrections and the department of social and health services shall provide information identified by the institute as necessary to complete this review.  A report on the outcomes of the study is due to the appropriate legislative committees by December 15, 2012.
      (18) $100,000 of the forest fire protection assessment account-- state appropriation is provided solely for the Washington state institute of public policy to conduct a detailed analysis of potential mechanisms for reducing the amount of and variation in the state's fire suppression costs.  The detailed analysis must include:  (a) An examination of Oregon's excess forest fire suppression cost insurance program and analysis of the potential application of this model in Washington, including the necessary steps for implementation and potential costs and benefits to the state; and (b) an examination of Washington's total and marginal costs related to staffing and overtime and whether these total or marginal costs are in excess of market rates.  The Washington state institute of public policy must provide the detailed analysis to the appropriate committees of the senate and house of representatives by December 1, 2012.

Sec. 607.  2011 2nd sp.s. c 9 s 607 (uncodified) is amended to read as follows:

FOR WESTERN WASHINGTON UNIVERSITY

General Fund‑-State Appropriation (FY 2012) (($33,754,000))

      $33,728,000

General Fund‑-State Appropriation (FY 2013) (($33,743,000))

      $32,783,000

Education Legacy Trust Account--State

      Appropriation (($13,266,000)) $13,204,000

      TOTAL APPROPRIATION (($80,763,000)) $79,715,000

 

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

(1) In implementing the appropriations in this section, the president and governing board shall seek to minimize impacts on student services and instructional programs by maximizing reductions in administration and other noninstructional activities.

(2) Amounts appropriated in this section are sufficient for the university to conduct a comprehensive review of its tuition waiver policies.  The resulting report shall include an overview of tuition waiver uses and costs (forgone revenue) and outcomes and any recommendations for changes to tuition waiver policy and shall be provided to the legislature no later than December 1, 2012.
      (3) $606,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for an expansion in enrollments in science, technology, engineering and math as defined in RCW 28B.76.270(2)(k).  Amounts provided in this subsection may be used only to cover direct costs of instruction associated with this enrollment expansion.  By June 30, 2012, the university shall provide a report to the legislature that provides specific detail on how these amounts will be spent.  Each September 1 thereafter, the college shall provide an updated report that provides specific detail on how these amounts were spent in the preceding twelve months.
      (4) Western Washington University shall not use funds appropriated in this section to support intercollegiate athletics programs.

NEW SECTION.  Sec. 608.  2011 2nd sp.s. c 9 s 610 (uncodified) and 2011 1st sp.s. c 50 s 614 (uncodified) are repealed.

NEW SECTION.  Sec. 609.  2011 2nd sp.s. c 9 s 611 (uncodified) and 2011 1st sp.s. c 50 s 615 (uncodified) are repealed.

Sec. 610.  2011 2nd sp.s. c 9 s 608 (uncodified) is amended to read as follows:

FOR THE HIGHER EDUCATION COORDINATING BOARD-POLICY COORDINATION AND ADMINISTRATION

General Fund‑-State Appropriation (FY 2012) (($1,036,000))

      $1,041,000

General Fund‑-Federal Appropriation $1,976,000

      TOTAL APPROPRIATION (($3,012,000)) $3,017,000

 

      The appropriations in this section are subject to the following conditions and limitations:  The higher education coordinating board is authorized to increase or establish fees for initial degree authorization, degree authorization renewal, degree authorization reapplication, new program applications, and new site applications pursuant to RCW 28B.85.060.

Sec. 611.  2011 2nd sp.s. c 9 s 609 (uncodified) is amended to read as follows:

FOR THE HIGHER EDUCATION COORDINATING BOARD-FINANCIAL AID AND GRANT PROGRAMS

General Fund‑-State Appropriation (FY 2012) $217,939,000

General Fund‑-Federal Appropriation $5,829,000

Opportunity Pathways Account--State Appropriation $73,500,000

      TOTAL APPROPRIATION $297,268,000

 

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

      (1) $200,413,000 of the general fund--state appropriation for fiscal year 2012 and $73,500,000 of the opportunity pathways account-- state appropriation are provided solely for student financial aid payments under the state need grant and the state work study program including up to a four percent administrative allowance for the state work study program.

      (2) Within the funds appropriated in this section, eligibility for the state need grant shall include students with family incomes at or below 70 percent of the state median family income (MFI), adjusted for family size, and shall include students enrolled in three to five credit-bearing quarter credits, or the equivalent semester credits.  The higher education coordinating board shall report to the legislature by December 1, 2013, regarding the number of students enrolled in three to five credit-bearing quarter credits, or the equivalent semester credits, and their academic progress including degree completion.  Awards for all students shall be adjusted by the estimated amount by which Pell grant increases exceed projected increases in the noninstructional costs of attendance.  Awards for students with incomes between 51 and 70 percent of the state median shall be prorated at the following percentages of the award amount granted to those with incomes below 51 percent of the MFI:  70 percent for students with family incomes between 51 and 55 percent MFI; 65 percent for students with family incomes between 56 and 60 percent MFI; 60 percent for students with family incomes between 61 and 65 percent MFI; and 50 percent for students with family incomes between 66 and 70 percent MFI.

      (3) For fiscal year 2012, the board shall defer loan or conditional scholarship repayments to the future teachers conditional scholarship and loan repayment program for up to one year for each participant if the participant has shown evidence of efforts to find a teaching job but has been unable to secure a teaching job per the requirements of the program.

      (4) $500,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the leadership 1000 program.

      (5) $2,436,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the passport to college program.  The maximum scholarship award shall be $5,000.  The board shall contract with a nonprofit organization to provide support services to increase student completion in their postsecondary program and shall, under this contract provide a minimum of $500,000 in fiscal year 2012.  Any amounts provided in this subsection that remain unobligated at the close of fiscal year 2012 must be transferred to the state education trust account in RCW 28B.92.140 for purposes of the passport to college program.

      (6) $250,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for implementation of the aerospace training scholarship and student loan program as specified in Engrossed Substitute House Bill No. 1846 (aerospace student loans).  If this bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 612.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE STUDENT ACHIEVEMENT COUNCIL--POLICY COORDINATION AND ADMINISTRATION

General Fund‑-State Appropriation (FY 2013) $4,934,000

General Fund‑-Federal Appropriation $2,376,000

      TOTAL APPROPRIATION $7,310,000

 

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

      (1) The student achievement council is authorized to increase or establish fees for initial degree authorization, degree authorization renewal, degree authorization reapplication, new program applications, and new site applications pursuant to RCW 28B.85.060.

      (2) $1,043,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2483 (higher education coordination).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 613.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE STUDENT ACHIEVEMENT COUNCIL--OFFICE OF STUDENT FINANCIAL ASSISTANCE

General Fund‑-State Appropriation (FY 2013) $247,034,000

General Fund‑-Federal Appropriation $5,812,000

Washington Opportunity Pathways Account--State

      Appropriation $73,500,000

      TOTAL APPROPRIATION $326,346,000

 

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

      (1) $237,018,000 of the general fund--state appropriation for fiscal year 2013, and $73,500,000 of the opportunity pathways account-- state appropriation are provided solely for student financial aid payments under the state need grant and the state work study programs including up to a four percent administrative allowance for the state work study program.

      (2) Within the funds appropriated in this section, eligibility for the state need grant shall include students with family incomes at or below 70 percent of the state median family income (MFI), adjusted for family size, and shall include students enrolled in three to five credit-bearing quarter credits, or the equivalent semester credits.  The higher education coordinating board shall report to the legislature by December 1, 2013, regarding the number of students enrolled in three to five credit-bearing quarter credits, or the equivalent semester credits, and their academic progress including degree completion.  Awards for all students shall be adjusted by the estimated amount by which Pell grant increases exceed projected increases in the noninstructional costs of attendance.  Awards for students with incomes between 51 and 70 percent of the state median shall be prorated at the following percentages of the award amount granted to those with incomes below 51 percent of the MFI:  70 percent for students with family incomes between 51 and 55 percent MFI; 65 percent for students with family incomes between 56 and 60 percent MFI; 60 percent for students with family incomes between 61 and 65 percent MFI; and 50 percent for students with family incomes between 66 and 70 percent MFI.

      (3) $1,250,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for implementation of the aerospace training scholarship and student loan program as specified in Engrossed Substitute House Bill No. 1846 (aerospace student loans).  If the bill is not enacted by June 30, 2012, the amount provided in this subsection shall lapse.

      (4) For fiscal year 2013, the board shall defer loan or conditional scholarship repayments to the future teachers conditional scholarship and loan repayment program for up to one year for each participant if the participant has shown evidence of efforts to find a teaching job but has been unable to secure a teaching job per the requirements of the program.

      (5) $1,000,000 of the education legacy trust account--state appropriation is provided solely for the gaining early awareness and readiness for undergraduate programs project.

      (6) $1,500,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the leadership 1000 program.

      (7) $2,436,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the passport to college program.  The maximum scholarship award shall be $5,000.  The board shall contract with a nonprofit organization to provide support services to increase student completion in their postsecondary program and shall, under this contract, provide a minimum of $500,000 in fiscal year 2013 for this purpose.

      (8) In addition to the entities listed in RCW 28B.122.010, the aerospace student loan program may provide loans to students attending an aerospace training program at Renton technical college.

      (9) The office of student financial assistance and the department of health shall prioritize a portion of any nonfederal balances in the health professional loan repayment and scholarship fund for conditional loan repayment contracts with psychiatrists and with advanced registered nurse practitioners for work at one of the state-operated psychiatric hospitals.  The office and department shall designate the state hospitals as health professional shortage areas if necessary for this purpose.  The office of student financial assistance shall coordinate with the department of social and health services to effectively incorporate these conditional loan repayments into the department's advanced psychiatric professional recruitment and retention strategies.

      (10) $50,000 of the amount provided in this section shall be used to convene the higher education loan program work group.  The work group shall develop methods for funding the loan program in the future, as well as recommendations regarding the best loan program structure for providing financial aid to underserved populations.  The work group shall seek out technical advice from the housing finance commission.  At a minimum, the recommendations regarding the proposed loan program must take into account the following:  Whether students could benefit from the creation of a new student loan program; the relationship between the student loan program and the state need grant program and the state need grant qualified student population; mechanisms to achieve interest rates that are below those offered in federally guaranteed and private bank student loans; sources of initial and on-going funding for loans and program operation; and default risks, reserve requirements, and other conditions required for the student loan program.  The work group shall provide a report to the legislature no later than December 1, 2012.

Sec. 614.  2011 1st sp.s. c 50 s 616 (uncodified) is amended to read as follows:

FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD

General Fund‑-State Appropriation (FY 2012) (($1,382,000))

      $1,310,000

General Fund‑-State Appropriation (FY 2013) (($1,388,000))

      $1,345,000

General Fund‑-Federal Appropriation (($62,758,000))

      $62,733,000

      TOTAL APPROPRIATION (($65,528,000)) $65,388,000

 

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

(1) For the 2011-2013 fiscal biennium the board shall not designate recipients of the Washington award for vocational excellence or recognize them at award ceremonies as provided in RCW 28C.04.535.

(2) $36,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the implementation of Second Substitute House Bill No. 2156 (workforce training/aerospace).  If this bill is not enacted by June 30, 2012, the amount provided in the subsection shall lapse.

Sec. 615.  2011 2nd sp.s. c 9 s 612 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF EARLY LEARNING

General Fund‑-State Appropriation (FY 2012) (($27,571,000))

      $25,497,000

General Fund‑-State Appropriation (FY 2013) (($27,558,000))

      $27,190,000

General Fund‑-Federal Appropriation (($261,753,000)) $280,619,000

 Opportunity Pathways Account--State Appropriation (($80,000,000))

      $78,000,000
Home Visiting Services Account--Federal Appropriation $300,000

       TOTAL APPROPRIATION (($396,882,000)) $411,606,000

 

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

      (1) $16,028,000 of the general fund--state appropriation for fiscal year 2012, (($16,028,000)) $18,028,000 of the general fund--state appropriation of fiscal year 2013, (($80,000,000)) $78,000,000 of the opportunity pathways account appropriation, and $2,256,000 of the general fund--federal appropriation are provided solely for the early childhood education assistance program services.  Of these amounts, $10,284,000 is a portion of the biennial amount of state maintenance of effort dollars required to receive federal child care and development fund grant dollars.

      (2) In accordance to RCW 43.215.255(2) and 43.135.055, the department is authorized to increase child care center and child care family home licensure fees in fiscal years 2012 and 2013 for costs to the department for the licensure activity, including costs of necessary inspection.  These increases are necessary to support expenditures authorized in this section.

      (3) (($638,000)) $64,000 of the general fund--state appropriation for fiscal year 2012 ((and)), $638,000 of the general fund--state appropriation for fiscal year 2013, and $574,000 of the general fund-- federal appropriation are provided solely for child care resource and referral network services.

      (4) $200,000 of the general fund--state appropriation for fiscal year 2012 and $200,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to develop and provide culturally relevant supports for parents, family, and other caregivers.

      (5) The department is the lead agency for and recipient of the federal child care and development fund grant.  Amounts within this grant shall be used to fund child care licensing, quality initiatives, agency administration, and other costs associated with child care subsidies.  The department shall transfer a portion of this grant to the department of social and health services to fund the child care subsidies paid by the department of social and health services on behalf of the department of early learning.

      (6) The appropriations in this section reflect reductions in the appropriations for the department's administrative expenses.  It is the intent of the legislature that these reductions shall be achieved, to  the greatest extent possible, by reducing those administrative costs that do not affect direct client services or direct service delivery or program.

      (7) $934,000 of the general fund--state appropriation for fiscal year 2012, $934,000 of the general fund--state appropriation for fiscal year 2013, and $2,400,000 of the general fund--federal appropriation are provided solely for expenditure into the home visiting services account.  This funding is intended to meet federal maintenance of effort requirements and to secure private matching funds.

(a) All federal funds received by the department for home visiting activities must be deposited into the home visiting services account.
      (b) The department must consult with stakeholders during the development of the Washington home visiting plan and any future proposals for federal funding.
      (c) No more than $300,000 of the home visiting services account-- federal appropriation may be expended for program administration for fiscal year 2013 pursuant to RCW 43.215.130.  No other funds may be expended for that purpose.

      (8)(a) $153,558,000 of the general fund--federal appropriation is provided solely for the working connections child care program under RCW 43.215.135.
      (b) In addition to groups that were given prioritized access to the working connections child care program effective March 1, 2011, the department shall also give prioritized access into the program to families in which a parent of a child in care is a minor who is not living with a parent or guardian and who is a full-time student in a high school that has a school-sponsored on-site child care center.

      (9)(a) $50,000 of the general fund--state appropriation for fiscal year 2012 and $1,050,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementation and administration of an electronic benefit transfer system.  The system shall include electronic time keeping, integrated with an eligibility information technology system, and an electronic payment system.  The department shall coordinate implementation of this system with the department of social and health services.
      (b) $100,000 of the general fund--state appropriation in this subsection is provided solely for the department to contract for an independent consultant to evaluate and recommend the optimum system for the eligibility determination process.  The evaluation must include an analysis of lean management processes that, if adopted, could improve the cost effectiveness and delivery of eligibility determination.  The department shall coordinate with the department of social and health services for this evaluation.  The department must report to the office of financial management and the appropriate fiscal and policy committees of the legislature by December 1, 2012.
      (10) Within available amounts, the department in consultation with the office of financial management and the department of social and health services shall report quarterly enrollments and active caseload for the working connections child care program to the legislative fiscal committees and the legislative-executive WorkFirst oversight task force.  The report shall also identify the number of cases participating in both temporary assistance for needy families and working connections child care.

      (((10))) (11) $1,025,000 of the general fund--state appropriation for fiscal year 2013 and $6,712,000 of the general fund--federal appropriation are provided solely for the seasonal child care program in fiscal year 2013.
      (12) $2,522,000 of the general fund--state appropriation for fiscal year 2012, $2,522,000 of the general fund--state appropriation for fiscal year 2013, and $4,304,000 of the general fund--federal appropriation are provided solely for the medicaid treatment child care (MTCC) program.  The department shall contract for MTCC services to  provide therapeutic child care and other specialized treatment services to abused, neglected, at-risk, and/or drug-affected children.  Priority for services shall be given to children referred from the department of social and health services children's administration.  In addition to referrals made by children's administration, the department shall authorize services for children referred to the MTCC program, as long as the children meet the eligibility requirements as outlined in the Washington state plan for the MTCC program.  Of the amounts appropriated in this subsection, $60,000 per fiscal year may be used by the department for administering the MTCC program, if needed.

(13)(a) The department shall establish a birth-to-three subcommittee of the early learning advisory council.  The subcommittee will be cochaired by the department and nongovernmental private-public partnership created in RCW 43.215.070.  The subcommittee shall include at least one representative from each of the following:
      (i) The early learning advisory council;
      (ii) The office of the superintendent of public instruction;
      (iii) The department of social and health services;
      (iv) The department of early learning;
      (v) The nongovernmental private-public partnership created in RCW 43.215.070;
      (vi) The early learning action alliance; and
      (vii) Additional stakeholders with expertise in birth-to-three policy and programs and quality child care, as designated by the early learning advisory council.
      (b) The subcommittee may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.
      (c) The subcommittee shall be monitored and overseen by the early learning advisory council created in RCW 43.215.090.
      (d) The subcommittee shall develop a birth-to-three implementation proposal, which shall include further development of the Washington state birth-to-three plan.
      (e) The subcommittee must include recommendations on the following in its birth-to-three proposal:
      (i) Eligibility criteria for providers and programs;
      (ii) The level of funding necessary to implement birth-to-three programs, including an option which makes available funding equivalent to thirty percent of the funding provided for the program of early learning established in RCW 43.215.141;
      (iii) Options for funding sources for birth-to-three programs;
      (iv) Governance responsibilities for the department of early learning; and
      (v) A timeline for implementation that is concurrent with the expansion to the early learning program outlined in RCW 43.215.142.
      The subcommittee must present its recommendations to the early learning advisory council and the appropriate committees of the legislature by December 1, 2012.
      (14) $300,000 of the general fund--federal appropriation is provided solely for a contract with a nonprofit entity experienced in the provision of promoting early literacy for children through pediatric office visits.

Sec. 616.  2011 2nd sp.s. c 9 s 613 (uncodified) is amended to read as follows:

FOR THE STATE SCHOOL FOR THE BLIND

General Fund‑-State Appropriation (FY 2012) (($5,782,000))

      $5,776,000

General Fund‑-State Appropriation (FY 2013) (($5,749,000))

      $5,671,000

((General Fund-Private/Local Appropriation $1,961,000))

      TOTAL APPROPRIATION (($13,492,000)) $11,447,000

 

      ((The appropriations in this section are subject to the following conditions and limitations:  $271,000 of the general fund-- private/local appropriation is provided solely for the school for the blind to offer short course programs, allowing students the opportunity to leave their home schools for short periods and receive intensive training.  The school for the blind shall provide this service to the extent that it is funded by contracts with school districts and educational services districts.))

Sec. 617.  2011 2nd sp.s. c 9 s 614 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS

General Fund‑-State Appropriation (FY 2012) (($8,449,000))

      $8,439,000

General Fund‑-State Appropriation (FY 2013) (($8,446,000))

      $8,335,000

((General Fund-Private/Local Appropriation $526,000))

      TOTAL APPROPRIATION (($17,421,000)) $16,774,000

Sec. 618.  2011 2nd sp.s. c 9 s 615 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE ARTS COMMISSION

General Fund--Federal Appropriation $2,065,000

General Fund--Private/Local Appropriation $1,056,000

Washington State Heritage Center Account--State

      Appropriation (($2,213,000))

      $2,186,000

             TOTAL APPROPRIATION (($5,334,000))

      $5,307,000

Sec. 619.  2011 2nd sp.s. c 9 s 616 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE HISTORICAL SOCIETY

Washington State Heritage Center Account--State

      Appropriation (($4,241,000)) $4,204,000

Sec. 620.  2011 2nd sp.s. c 9 s 617 (uncodified) is amended to read as follows:

FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

Washington State Heritage Center Account--State

      Appropriation (($2,962,000)) $2,957,000

(End of part)

PART VII
SPECIAL APPROPRIATIONS

Sec. 701.  2011 2nd sp.s. c 9 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 2012) (($919,198,000))

      $911,643,000

General Fund‑-State Appropriation (FY 2013) (($967,749,000))

      $949,349,000

State Building Construction Account‑-State

      Appropriation $3,866,000

Columbia River Basin Water Supply Development

      Account‑-State Appropriation $121,000

Hood Canal Aquatic Rehabilitation Bond Account‑-State

      Appropriation $4,000

State Taxable Building Construction Account‑-State

      Appropriation $90,000

Gardner-Evans Higher Education Construction

      Account‑-State Appropriation $13,000

Debt-Limit Reimbursable Bond Retire Account‑-State

      Appropriation $2,300,000

      TOTAL APPROPRIATION (($1,893,341,000)) $1,867,386,000

 

      The appropriations in this section are subject to the following conditions and limitations:  The general fund appropriations are for expenditure into the debt-limit general fund bond retirement account.  The entire general fund‑-state appropriation for fiscal year 2012 shall be expended into the debt-limit general fund bond retirement account by June 30, 2012.

Sec. 702.  2011 2nd sp.s. c 9 s 702 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER-BOND RETIREMENTAND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE

General Fund‑-State Appropriation (FY 2012) (($27,516,000))

      $27,400,000

General Fund‑-State Appropriation (FY 2013) (($30,758,000))

      $30,572,000

Nondebt-Limit Reimbursable Bond Retirement

      Account‑-State Appropriation $140,128,000

             TOTAL APPROPRIATION (($198,402,000))

      $198,100,000

 

      The appropriations in this section are subject to the following conditions and limitations:  The general fund appropriation is for expenditure into the nondebt-limit general fund bond retirement account.  The entire general fund‑-state appropriation for fiscal year 2012 shall be expended into the nondebt-limit general fund bond retirement account by June 30, 2012.

Sec. 703.  2011 1st sp.s. c 50 s 715 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--EXTRAORDINARY CRIMINAL JUSTICE COSTS

General Fund--State Appropriation (FY 2012) ($591,000))

      $1,102,000

 

      The appropriation in this section is subject to the following conditions and limitations:  The director of financial management shall distribute (($338,000)) $501,000 to Franklin county, $128,000 to Jefferson county, ((and)) $125,000 to Okanogan county, $161,000 to Yakima county, and $187,000 to King county for extraordinary criminal justice costs.

NEW SECTION.  Sec. 704.  2011 2nd sp.s. c 9 s 705 (uncodified) is repealed.

NEW SECTION.  Sec. 705.  2011 2nd sp.s. c 9 s 707 (uncodified) is repealed.

NEW SECTION.  Sec. 706.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE DEPARTMENT OF NATURAL RESOURCES--DISTRIBUTION OF EXCESS FUNDS FROM THE FOREST DEVELOPMENT ACCOUNT

Forest Development Account--State Appropriation $10,000,000

 

      The appropriation in this section is provided solely for distribution of state forest land revenues to taxing authorities that received such revenue from fiscal year 2002 through fiscal year 2011 and is subject to the following conditions and limitations:

      (1) Within fifteen days of the effective date of this section, the department shall transmit funds in the amounts specified in subsection (3) of this section to the county treasurers of the counties receiving the funds.

      (2) The county treasurers of the counties listed in this section shall distribute funds received from this appropriation to taxing authorities in proportion to the state forest transfer land funds distributed to the taxing authorities based on information available for the fiscal years 2002 through 2011.  Funds to be credited to the state of Washington and funds credited to school district general levies shall be remitted to the state of Washington within thirty days after the effective date of this section for deposit into the state general fund.

      (3) Funds shall be distributed in the following amounts:

 

 

Clallam

$848,854

Clark

$630,368

Cowlitz

$418,159

Grays Harbor

$266,365

Jefferson

$239,722

King

$328,725

Kitsap

$73,839

Klickitat

$197,968

Lewis

$887,679

Mason

$425,935

Okanogan

$4

Pacific

$352,540

Pierce

$334,179

Skagit

$1,534,497

Skamania

$66,648

Snohomish

$1,565,549

Stevens

$6,709

Thurston

$783,735

Wahkiakum

$285,339

Whatcom

$753,186

      Total

$10,000,000

NEW SECTION.  Sec. 707.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR SUNDRY CLAIMS

      The following sums, or so much thereof as may be necessary, are appropriated from the general fund for fiscal year 2012, 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 financial management, except as otherwise provided, for reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110, as follows:

 

      (1) Clint L. Powell, Jr., claim number 99970048 $58,155.10

      (2) Chance L. Hawkins, claim number 99970049 $28,838.95

      (3) Edgar L. Hawkins, claim number 99970050 $25,507.00

      (4) James Abbott, claim number 99970051 $9,880.00

      (5) Richard Frisk, claim number 99970052 $32,788.50

      (6) Brian Barnd-Spjut, claim number 99970053 $122,821.79

NEW SECTION.  Sec. 708.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--INCOME AND TAX BURDEN STUDY

General Fund--State Appropriation (FY 2013) $50,000

 

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The entire appropriation is provided solely for conducting the study required in this section.

      (2) (a) The citizens of Washington state deserve better information on the disparate impacts of the economic and taxing decisions of state and local governments.

      (b) The office of financial management will report to the appropriate fiscal committees in both legislative chambers on the income and tax burden of Washingtonians.

      (c) The report must be delivered by September 1, 2012, and must include:

      (i) Estimates of the income and the wealth distribution of Washingtonians by income quintile, or, if possible, by decile;

      (ii) The combined state/local tax burden of Washingtonians by income quintile, or, if possible, decile;

      (iii) The tax burden of Washingtonians using longitudinal data:

      (A) As a percentage of aggregate income;

      (B) Using per capita data; and

      (C) Using tax burden per $1,000 of income;

      (iv) The amount of state and local government revenue combined in Washington state as a share of the gross state product using longitudinal data; and

      (v) Year-over-year estimates of real income gains (or losses) by income quintile, or, if possible, decile.

      (d) Where feasible, the office of financial management must use established state and federal data sets to compile this report.  The office of financial management must make estimates or projections based on historic data to fill in years if actual data is not yet available.

NEW SECTION.  Sec. 709.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE SAVINGS INCENTIVE ACCOUNT AND EDUCATION SAVINGS ACCOUNT

      For fiscal years 2012 and 2013, no appropriations are made for deposit to the savings incentive account or the education savings account under RCW 43.79.460 and 43.79.465.

      The following acts or parts of acts are hereby repealed:

      (1) 2011 1st sp.s. c 50 s 709 (uncodified); and

      (2) 2011 1st sp.s. c 50 s 710 (uncodified).

NEW SECTION.  Sec. 710.  2011 2nd sp.s. c 9 s 706 (uncodified) is repealed.

NEW SECTION.  Sec. 711.  2011 2nd sp.s. c 9 s 708 (uncodified) is repealed.

NEW SECTION.  Sec. 712.  A new section is added to 2012 c 86 (ESHB 2190) (uncodified) to read as follows:

FOR THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION

      The legislature finds that it is critically important that highway improvement project lists, incorporated by reference in the biennial transportation appropriations act, accurately reflect the intent of the legislature with respect to the identified projects and activities as listed by fund, project, and amount in the list, including intended future commitments.  The legislature further finds that during the 2012 regular legislative session, Engrossed Substitute House Bill No. 2190, as recommended by the conference committee, passed the legislature and that it incorporated by reference a highway improvement project list containing various technical drafting errors resulting in an inaccurate reflection of the conference committee report as agreed to by the conferees.  The legislature further finds that a corrected version of the list is necessary to conform with the recommendations of the conference committee in a manner that does not change the funding decisions or appropriations for the current 2011-2013 biennium as agreed to by the conferees.  Therefore, any reference in chapter 86 (ESHB 2190), Laws of 2012 to "LEAP Transportation Document 2012-2 as developed March 8, 2012, Program – Highway Improvement Program (I)" is superseded by the corrected version "LEAP Transportation Document 2012- 2C as developed March 14, 2012, Program – Highway Improvements Program (I)".

NEW SECTION.  Sec. 713.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--LIFE SCIENCES DISCOVERY FUND

General Fund--State Appropriation (FY 2013) $4,000,000

 

      The appropriation in this section is subject to the following conditions and limitations:  The general fund appropriation is for expenditure into the life sciences discovery fund.

NEW SECTION.  Sec. 714.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--INFORMATION TECHNOLOGY

      From appropriations to state agencies for the 2011-2013 fiscal biennium, the office of financial management shall reduce general fund--state allotments by $5,000,000 for fiscal year 2013 to reflect savings associated with a reduction in expenditures related to information technology, pursuant to allotment schedules prepared by the office of financial management.  The allotment reductions under this section shall be placed in unallotted status and remain unexpended.  For agencies with appropriations from accounts other than the general fund--state, the office of financial management shall work with agencies to achieve similar savings in other accounts.

NEW SECTION.  Sec. 715.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--LEGAL SERVICES REVOLVING ACCOUNT

General Fund--State Appropriation (FY 2012) $324,000

General Fund--State Appropriation (FY 2013) $648,000

Other Appropriated Funds $1,779,000

      TOTAL APPROPRIATION 2,751,000

 

      The appropriations in this section are subject to the following conditions and limitations:  In accordance with schedules prepared by the office of financial management, the appropriations in this section shall be distributed to state agencies by the office of financial management to support the level of appropriations in this act from the legal services revolving account for legal services provided to state agencies by the office of the attorney general.

(End of part)

PART VIII
OTHER TRANSFERS AND APPROPRIATIONS

Sec. 801.  2011 1st sp.s. c 50 s 801 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER-STATE REVENUES FOR DISTRIBUTION

General Fund Appropriation for fire insurance

      premium distributions (($8,368,000)) $8,289,000

General Fund Appropriation for public utility

      district excise tax distributions (($49,418,000)) $44,078,000

General Fund Appropriation for prosecuting

      attorney distributions $6,281,000

General Fund Appropriation for boating safety

      and education distributions $4,000,000

General Fund Appropriation for other tax distributions $58,000

General Fund Appropriation for habitat conservation

      program distributions $3,000,000

Death Investigations Account Appropriation for

      distribution to counties for publicly funded

      autopsies $2,960,000

Aquatic Lands Enhancement Account Appropriation for

      harbor improvement revenue distribution $160,000

Timber Tax Distribution Account Appropriation for

      distribution to "timber" counties (($40,421,000))

      $58,229,000

County Criminal Justice Assistance Appropriation (($69,801,000))

      $69,566,000

Municipal Criminal Justice Assistance

      Appropriation (($26,950,000)) $26,843,000

City-County Assistance Account Appropriation for local

      government financial assistance distribution (($16,589,000))

      $12,159,000

Liquor Excise Tax Account Appropriation for liquor

      excise tax distribution (($52,152,000)) $25,617,000

Streamlined Sales and Use Tax Mitigation Account

      Appropriation for distribution to local taxing

      jurisdictions to mitigate the unintended revenue

      redistribution effect of the sourcing law

      changes (($49,635,000))

      $49,309,000

Columbia River Water Delivery Account Appropriation for

      the Confederated Tribes of the Colville

      Reservation (($7,441,000)) $7,478,000

Columbia River Water Delivery Account Appropriation for

      the Spokane Tribe of Indians (($4,748,000)) $4,794,000

Liquor Revolving Account Appropriation for liquor

      profits distribution (($69,318,000)) $85,132,000

      TOTAL APPROPRIATION (($411,301,000)) $407,953,000

 

      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.

Sec. 802.  2011 1st sp.s. c 50 s 802 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER-FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT

Impaired Driver Safety Account Appropriation (($2,501,000))

      $2,439,000

 

      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 2011-2013 fiscal 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).

Sec. 803.  2011 1st sp.s. c 50 s 803 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER-MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT

Impaired Driver Safety Account Appropriation (($1,666,000))

      $1,626,000

 

      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 2011-2013 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).

Sec. 804.  2011 2nd sp.s. c 9 s 801 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER-TRANSFERS

State Treasurer's Service Account:  For transfer to

      the state general fund, $16,300,000

      for fiscal year 2012 and (($21,300,000))

$24,800,000 for fiscal year 2013 (($37,600,000)) $41,100,000

 Waste Reduction, Recycling, and Litter Control

      Account:  For transfer to the state general

      fund, (($3,500,000)) $4,847,000 for fiscal year

      2012 and (($3,500,000)) $4,847,000 for fiscal year

      2013 (($7,000,000)) $9,694,000

Aquatics Lands Enhancement Account:  For transfer to

      the state general fund, $3,500,000 for fiscal

      year 2012 and $3,500,000 for fiscal year 2013 $7,000,000

Savings Incentive Account:  For transfer to the state

      general fund, $44,618,000 for fiscal year 2012 $44,618,000

Distinguished Professorship Trust Fund:  For transfer to

      the state general fund for fiscal year 2012, an amount

      not to exceed the actual cash balance of the fund $3,024,000

Washington Graduate Fellowship Trust Fund:  For transfer

      to the state general fund for fiscal year 2012, an

      amount not to exceed the actual cash balance of

      the fund $1,028,000

College Faculty Awards Trust Fund:  For transfer

      to the state general fund for fiscal year 2012, an amount

      not to exceed the actual cash balance of the fund $1,996,000

Data Processing Revolving Account:  For transfer

      to the state general fund, $5,960,000 for fiscal

      year 2012 $5,960,000

Drinking Water Assistance Account:  For transfer to

      the drinking water assistance repayment account $38,000,000

Economic Development Strategic Reserve Account:  For

      transfer to the state general fund, $2,100,000

      for fiscal year 2012 and $2,100,000 for fiscal

       year 2013 $4,200,000

General Fund:  For transfer to the streamlined sales

      and use tax account, (($24,846,000)) $24,520,000

      for fiscal year 2012 and $24,789,000 for fiscal

      year 2013 (($49,635,000)) $49,309,000

Public Works Assistance Account:  For transfer to the

      water pollution control revolving account,

      $7,750,000 for fiscal year 2012 and $7,750,000 for

      fiscal year 2013 $15,500,000

The Charitable, Educational, Penal, and Reformatory

      Institutions Account:  For transfer to the state

      general fund, $4,500,000 for fiscal year 2012 and

      $4,500,000 for fiscal year 2013 $9,000,000

Thurston County Capital Facilities Account:  For

      transfer to the state general fund, $4,000,000

      for fiscal year 2012 and $4,000,000 for fiscal

      year 2013 $8,000,000

Public Works Assistance Account:  For transfer to the

      drinking water assistance account, $10,000,000 for

      fiscal year 2012 and $5,000,000 for fiscal year

      2013 $15,000,000

Liquor Control Board Construction and Maintenance

      Account:  For transfer to the state general fund,

      $500,000 for fiscal year 2012 ((and $500,000 for
      fiscal year 2013)) (($1,000,000))

      $500,000

Education Savings Account:  For transfer to the state

      general fund, $54,431,000 for fiscal

      year 2012 ((and $22,500,000 for fiscal year
      2013)) (($76,931,000))

      $54,431,000

Department of Retirement Systems Expense Account:

      For transfer to the state general fund, (($250,000))

$2,330,000 for fiscal year 2012 and (($250,000))

$4,330,000 for fiscal year 2013 (($500,000))

      $6,660,000

Education Construction Account:  For transfer to the

      state general fund, $102,000,000 for fiscal year

      2012 and $102,000,000 for fiscal year 2013 $204,000,000

Public Works Assistance Account:  For transfer to the

      state general fund, (($25,000,000)) $40,000,000

      for fiscal year 2012 and (($25,000,000)) $40,000,000

      for fiscal year 2013 (($50,000,000))

      $80,000,000

Foster Care Endowed Scholarship Trust Fund:  For transfer

       to the state general fund, $200,000 for fiscal year

      2012 and $200,000 for fiscal year 2013 $400,000

Affordable Housing For All Account:  For transfer to

      the home security fund, $1,000,000 for fiscal year

      2012 and $1,000,000 for fiscal year 2013 $2,000,000

Tobacco Settlement Account:  For transfer to the state

      general fund, in an amount not to exceed the actual

      amount of the annual base payment to the tobacco

      settlement account 158,205,000

Tobacco Settlement Account:  For transfer to the basic

      health plan stabilization account from the amounts

      deposited in the account that are attributable to the

      annual strategic contribution payment received in

      fiscal year 2012 $22,000,000

Tobacco Settlement Account:  For transfer to the basic

      health plan stabilization account from the amounts

      deposited in the account that are attributable to the

      annual strategic contribution payment received in

      fiscal year 2013 $22,000,000

Tobacco Settlement Account:  For transfer to the life

      sciences discovery fund, in an amount not to exceed

      the actual remaining amount of the annual strategic

      contribution payment to the tobacco settlement account

      for fiscal year 2012 $6,000,000

Tobacco Settlement Account:  For transfer to the life

      sciences discovery fund, in an amount not to exceed

      the actual remaining amount of the annual strategic

      contribution payment to the tobacco settlement account

      for fiscal year 2013 $6,000,000

 

      The transfer to the life sciences discovery fund is subject to the following conditions:  All new grants awarded during the 2011-2013 fiscal biennium shall support and accelerate the commercialization of an identifiable product.

Financial Services Regulation Fund:  For transfer to
      the state general fund, $4,000,000 for fiscal
      year 2012 $4,000,000
State Nursery Revolving Account:  For transfer to the
      state general fund, $250,000 for fiscal year 2012 and
      $250,000 for fiscal year 2013\ $500,000
 Washington State Heritage Center Account:  For transfer
      to the state general fund, $2,000,000 for fiscal
      year 2013, $2,000,000
Local Toxics Control Account:  For transfer to the state
      toxics control account, $15,000,000 for fiscal
      year 2012 and $16,000,000 for fiscal year 2013 $31,000,000
Coastal Protection Account:  For transfer to the state
      general fund, $500,000 for fiscal year 2012 and
      $500,000 for fiscal year 2013 $1,000,000
Multimodal Transportation Account--State:  For transfer
      to the Public Transportation Grant Program Account
      for the purposes of distributions of $3,000,000 on
      each of the last working days of December, March,
      and June in fiscal year 2013 $9,000,000
Aquatic Lands Enhancement Account:  For transfer to
      the marine resources stewardship trust account,
      $2,100,000 for fiscal year 2013 $2,100,000

(End of part)

PART IX
MISCELLANEOUS

Sec. 901.  2011 1st sp.s. c 50 s 910 (uncodified) is amended to read as follows:

COLLECTIVE BARGAINING AGREEMENT FOR FISCAL YEAR 2012--TERMS AND CONDITIONS

For fiscal year 2012, no agreements have been reached between the governor and the  following unions:  Washington public employees association, Washington public employees association higher education community college coalition, Washington federation of state employees higher education community college coalition, Washington federation of state employees Central Washington University, Washington federation of state employees Western Washington University, Washington federation of state employees The Evergreen State College, and public school employees Western Washington University, under the provisions of chapter 41.80 RCW ((for the 2011-2013 biennium)) for fiscal year 2012.  Appropriations in this act provide funding to continue the terms and conditions of the 2009-2011 general government and higher education agreements negotiated by the office of financial management's labor relations office under the provisions of chapter 41.80 RCW for fiscal year 2012.  For fiscal year 2012, appropriations have been reduced in an amount equal to a 3 percent salary reduction for all represented employees whose monthly full-time equivalent salary is $2,500 or more per month.  This reduction will be implemented according to the terms and conditions of the 2009-2011 agreements.  ((For fiscal year 2013, funding is reduced to reflect a 3.0 percent temporary salary reduction for all employees whose monthly full-time equivalent salary is $2,500 or more per month through June 29, 2013.  Effective June 30, 2013, the salary schedules effective July 1, 2009, through June 30, 2011, will be reinstated.  For employees entitled to leave, temporary salary reduction leave is granted for fiscal year 2013.  These changes will be implemented according to law.))

NEW SECTION.  Sec. 902.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT--FISCAL YEAR 2013--WPEA, WPEA CC COALITION, WFSE CC COALITION, WFSE CWU, WFSE TESC

      Agreements have been reached between the governor and the following unions:  Washington public employees association, Washington public employees association higher education community college coalition, Washington federation of state employees higher education community college coalition, Washington federation of state employees Central Washington University, and Washington federation of state employees The Evergreen State College, under the provisions of chapter 41.80 RCW for fiscal year 2013.  Funding is reduced to reflect a 3.0 percent temporary salary reduction for all employees whose monthly full-time equivalent salary is $2,500 or more per month through June 29, 2013.  Effective June 30, 2013, the salary schedules effective July 1, 2009, through June 30, 2011, will be reinstated.  For employees entitled to leave, temporary salary reduction leave is granted for fiscal year 2013.

NEW SECTION.  Sec. 903.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT--FISCAL YEAR 2013--YAKIMA VALLEY COMMUNITY COLLEGE--WASHINGTON PUBLIC EMPLOYEES ASSOCIATION

      An agreement has been reached between Yakima Valley Community College and Washington public employees association under the provisions of chapter 41.80 RCW for fiscal year 2013.  The agreement is consistent with the funding reduction provided in the 2011-2013 omnibus appropriations act, which reflected a 3.0 percent temporary salary reduction to all employees whose monthly full-time equivalent salary is $2,500 or more per month through June 29, 2013.

NEW SECTION.  Sec. 904.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT--FISCAL YEAR 2013--WESTERN WASHINGTON UNIVERSITY--PUBLIC SCHOOL EMPLOYEES OF WASHINGTON

      An agreement has been reached between Western Washington University and the Washington public school employees of Washington bargaining units D and PTE under the provisions of chapter 41.80 RCW for fiscal year 2013.  The agreement is consistent with the funding reduction provided in the 2011-2013 omnibus appropriations act, which reflected a 3.0 percent temporary salary reduction to all employees whose monthly full-time equivalent salary is $2,500 or more per month through June 29, 2013.  The reduction will be implemented according to the terms and conditions of this agreement.

NEW SECTION.  Sec. 905.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT--FISCAL YEAR 2013--WESTERN WASHINGTON UNIVERSITY--WFSE

      An agreement has been reached between Western Washington University and the Washington federation of state employees bargaining units A, B, and E under the provisions of chapter 41.80 RCW for fiscal year 2013.  The agreement is consistent with the funding reduction provided in the 2011-2013 omnibus appropriations act, which reflected a 3.0 percent temporary salary reduction to all employees whose monthly full-time equivalent salary is $2,500 or more per month through June 29, 2013.  The reduction will be implemented according to the terms and conditions of this agreement.

NEW SECTION.  Sec. 906.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT--FISCAL YEAR 2013--EASTERN WASHINGTON UNIVERSITY--WFSE

      An agreement has been reached between Eastern Washington University and the Washington federation of state employees under the provisions of chapter 41.80 RCW for fiscal year 2013.  The agreement is consistent with the funding reduction provided in the 2011-2013 omnibus appropriations act, which reflected a 3.0 percent temporary salary reduction to all employees whose monthly full-time equivalent salary is $2,500 or more per month through June 29, 2013.  The reduction will be implemented according to the terms and conditions of this agreement.

NEW SECTION.  Sec. 907.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT FOR NONSTATE EMPLOYEES--SEIU HEALTHCARE 775NW HOMECARE WORKERS

      If the governor and the service employees international union healthcare 775nw under chapter 74.39A RCW reach agreement on the state's contribution to the training partnership pursuant to the appropriations in sections 205 and 206 of this act, the new contribution amount shall become a part of the parties' existing 2011-2013 collective bargaining agreement.

NEW SECTION.  Sec. 908.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

COLLECTIVE BARGAINING AGREEMENT FOR NONSTATE EMPLOYEES--WSRCC ADULT FAMILY HOMES

      If the governor and the Washington state residential care council under chapter 41.56 RCW reach agreement on a modification of the daily rate for the impacts of training and license fees pursuant to the appropriations in sections 205 and 206 of this act, the new rate shall become a part of the parties' existing 2011-2013 collective bargaining agreement.

Sec. 909.  2011 1st sp.s. c 50 s 920 (uncodified) is amended to read as follows:

COMPENSATION--NONREPRESENTED EMPLOYEES--INSURANCE BENEFITS

      Appropriations for state agencies in this act are sufficient for nonrepresented state employee health benefits for state agencies, including institutions of higher education, and 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 $850 per eligible employee for fiscal year 2012.  For fiscal year 2013 the monthly employer funding rate shall not exceed (($850)) $800 per eligible 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.  For calendar years 2012 and 2013, the subsidy shall be $150.00 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, $66.01 per month beginning September 1, 2011, and (($67.91)) $65.17 beginning September 1, 2012;

      (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, $66.01 each month beginning September 1, 2011, and (($67.91)) $65.17 beginning September 1, 2012, 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.

Sec. 910.  2011 1st sp.s. c 50 s 921 (uncodified) is amended to read as follows:

COMPENSATION--REPRESENTED EMPLOYEES OUTSIDE SUPER COALITION--INSURANCE BENEFITS

      Appropriations for state agencies in this act are sufficient for represented employees outside the super coalition for health benefits, and 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 $850 per eligible employee for fiscal year 2012.  For fiscal year 2013 the monthly employer funding rate shall not exceed (($850)) $800 per eligible 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.  For calendar years 2012 and 2013, the subsidy shall be $150.00 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, $66.01 per month beginning September 1, 2011, and (($67.91)) $65.17 beginning September 1, 2012;

      (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, $66.01 each month beginning September 1, 2011, and (($67.91)) $65.17 beginning September 1, 2012, 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.

Sec. 911.  2011 1st sp.s. c 50 s 922 (uncodified) is amended to read as follows:

COMPENSATION--REPRESENTED EMPLOYEES--SUPER COALITION--INSURANCE BENEFITS

       The collective bargaining agreement negotiated with the super coalition under chapter 41.80 RCW includes employer premiums at 85 percent of the total weighted average of the projected health care premiums across all plans and tiers.  Appropriations in this act for state agencies, including institutions of higher education are sufficient to fund state employees health benefits for employees represented by the super coalition on health benefits, and 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 $850 per eligible employee for fiscal year 2012.  For fiscal year 2013 the monthly employer funding rate shall not exceed (($850)) $800 per eligible 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.  For calendar years 2012 and 2013, the subsidy shall be $150.00 per month.

NEW SECTION.  Sec. 912.  A new section is added to 2011 1st sp.s. c 50 (uncodified) to read as follows:

      For purposes of RCW 43.88.110(7), any cash deficit in existence at the close of fiscal year 2012 shall be liquidated over the remainder of the 2011-2013 fiscal biennium.

Sec. 913.  RCW 2.68.020 and 2009 c 564 s 1802 and 2009 c 564 s 918 are each reenacted and amended to read as follows:

      There is created an account in the custody of the state treasurer to be known as the judicial information system account.  The administrative office of the courts shall maintain and administer the account, in which shall be deposited all moneys received from in-state noncourt users and any out-of-state users of the judicial information system and moneys as specified in RCW 2.68.040 for the purposes of providing judicial information system access to noncourt users and providing an adequate level of automated services to the judiciary.  The legislature shall appropriate the funds in the account for the purposes of the judicial information system.  The account shall be used for the acquisition of equipment, software, supplies, services, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications, systems, software, supplies, and equipment, including the payment of principal and interest on items paid in installments.  ((During the 2007-2009 fiscal biennium, the legislature may transfer from the judicial information system account to the state general fund such amounts as reflect the excess fund balance of the account.  During the 2009-2011 fiscal biennium, the legislature may transfer from the judicial information system account to the state general fund such amounts as reflect the excess fund balance of the account.))  During the 2011-2013 fiscal biennium, the judicial information systems account may be appropriated to support the state law library.

Sec. 914.  RCW 28B.15.067 and 2011 1st sp.s. c 10 s 3 are each amended to read as follows:

      (1) Tuition fees shall be established under the provisions of this chapter.

      (2) Beginning in the 2011-12 academic year, reductions or increases in full-time tuition fees shall be as provided in the omnibus appropriations act for resident undergraduate students at community and technical colleges.  The governing boards of the state universities, regional universities, and The Evergreen State College; and the state board for community and technical colleges may reduce or increase full- time tuition fees for all students other than resident undergraduates, including nonresident students, summer school students, and students in other self-supporting degree programs.  Percentage increases in full- time tuition may exceed the fiscal growth factor.  Except during the 2011-2013 fiscal biennium, the state board for community and technical colleges may pilot or institute differential tuition models.  The board may define scale, scope, and rationale for the models.

      (3)(a) Beginning with the 2011-12 academic year and through the end of the 2014-15 academic year, the governing boards of the state universities, the regional universities, and The Evergreen State College may reduce or increase full-time tuition fees for all students, including summer school students and students in other self-supporting degree programs.  Percentage increases in full-time tuition fees may exceed the fiscal growth factor.  Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students; however, during the 2011-2013 fiscal biennium, reductions or increases in tuition must be uniform among resident undergraduate students.

      (b) Prior to reducing or increasing tuition for each academic year, the governing boards of the state universities, the regional universities, and The Evergreen State College shall consult with existing student associations or organizations with student undergraduate and graduate representatives regarding the impacts of potential tuition increases.  Governing boards shall be required to provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.

      (c) Prior to reducing or increasing tuition for each academic year, the state board for community and technical college system shall consult with existing student associations or organizations with undergraduate student representation regarding the impacts of potential tuition increases.  The state board for community and technical colleges shall provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.

      (4) Beginning with the 2015-16 academic year through the 2018-19 academic year, the governing boards of the state universities, regional universities, and The Evergreen State College may set tuition for resident undergraduates as follows:

      (a) If state funding for a college or university falls below the state funding provided in the operating budget for fiscal year 2011, the governing board may increase tuition up to the limits set in (d) of this subsection, reduce enrollments, or both;

      (b) If state funding for a college or university is at least at the level of state funding provided in the operating budget for fiscal year 2011, the governing board may increase tuition up to the limits set in (d) of this subsection and shall continue to at least maintain the actual enrollment levels for fiscal year 2011 or increase enrollments as required in the omnibus appropriations act; ((and))

      (c) If state funding is increased so that combined with resident undergraduate tuition the sixtieth percentile of the total per-student funding at similar public institutions of higher education in the global challenge states under RCW 28B.15.068 is exceeded, the governing board shall decrease tuition by the amount needed for the total per- student funding to be at the sixtieth percentile under RCW 28B.15.068; and

      (d) The amount of tuition set by the governing board for an institution under this subsection (4) may not exceed the sixtieth percentile of the resident undergraduate tuition of similar public institutions of higher education in the global challenge states.

      (5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.

      (6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a dropout reengagement program through an interlocal agreement between a school district and a community or technical college under RCW 28A.175.100 through 28A.175.110.

      (7) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college participating in the pilot program under RCW 28B.50.534 for the purpose of obtaining a high school diploma.

      (8) Beginning in the 2019-20 academic year, reductions or increases in full-time tuition fees for resident undergraduates at four-year institutions of higher education shall be as provided in the omnibus appropriations act.

(9) The legislative advisory committee to the committee on advanced tuition payment established in RCW 28B.95.170 shall:
      (a) Review the impact of differential tuition rates on the funded status and future unit price of the Washington advanced college tuition payment program; and
      (b) No later than January 14, 2013, make a recommendation to the appropriate policy and fiscal committees of the legislature regarding how differential tuition should be addressed in order to maintain the ongoing solvency of the Washington advanced college tuition payment program.

Sec. 915.  RCW 38.52.540 and 2010 1st sp.s. c 19 s 18 are each amended to read as follows:

      (1) The enhanced 911 account is created in the state treasury.  All receipts from the state enhanced 911 excise taxes imposed by RCW 82.14B.030 must be deposited into the account.  Moneys in the account must be used only to support the statewide coordination and management of the enhanced 911 system, for the implementation of wireless enhanced 911 statewide, for the modernization of enhanced 911 emergency communications systems statewide, and to help supplement, within available funds, the operational costs of the system, including adequate funding of counties to enable implementation of wireless enhanced 911 service and reimbursement of radio communications service companies for costs incurred in providing wireless enhanced 911 service pursuant to negotiated contracts between the counties or their agents and the radio communications service companies.  For the 2011-2013 fiscal biennium, the account may be used for modernizing narrowband radio capability in the department of corrections.  A county must show just cause, including but not limited to a true and accurate accounting of the funds expended, for any inability to provide reimbursement to radio communications service companies of costs incurred in providing enhanced 911 service.

      (2) Funds generated by the enhanced 911 excise tax imposed by RCW 82.14B.030(5) may not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.14B.030(1).  Funds generated by the enhanced 911 excise tax imposed by RCW 82.14B.030(6) may not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.14B.030(2).

      (3) The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by rule the additional purposes for which moneys, if available, may be expended from this account.

Sec. 916.  RCW 41.06.560 and 2011 1st sp.s. c 39 s 11 are each amended to read as follows:

      From February 15, 2010, until June 30, 2013, no monetary performance-based awards or incentives may be granted by the director or employers to employees covered by rules adopted under this section.  This section does not prohibit the payment of awards provided for in chapter 41.60 RCW.  For institutions of higher education, this section does not prohibit the payment of specific cash awards from private donations from individuals or businesses including, but not limited to, endowments.

      From July 1, 2011, until June 30, 2013, no performance-based awards or incentives may be granted by the director or employers to employees pursuant to a performance management confirmation granted by the department of personnel under WAC 357-37-055.

Sec. 917.  RCW 43.07.129 and 2011 1st sp.s. c 50 s 940 are each amended to read as follows:

      The Washington state heritage center account is created in the custody of the state treasurer.  All moneys received under RCW 36.18.010(11) and 43.07.128 must be deposited in the account.  Expenditures from the account may be made only for the following purposes:

      (1) Payment of the certificate of participation issued for the Washington state heritage center;

      (2) Capital maintenance of the Washington state heritage center; and

      (3) Program operations that serve the public, relate to the collections and exhibits housed in the Washington state heritage center, or fulfill the missions of the state archives, state library, and capital museum.

      Only the secretary of state or the secretary of state's designee may authorize expenditures from the account.  An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.  During the 2011-2013 fiscal biennium, the legislature may appropriate from the Washington state heritage center account for the purposes of state arts, historical, and library programs.  Additionally, during the 2011-2013 fiscal biennium, the legislature may transfer from the Washington state heritage center account to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 918.  RCW 43.17.390 and 2009 c 564 s 931 are each amended to read as follows:

      Starting in ((2012)) 2014, and at least once every three years thereafter, each agency shall apply to the Washington state quality award, or similar organization, for an independent assessment of its quality management, accountability, and performance system.  The assessment shall evaluate the effectiveness of all elements of its management, accountability, and performance system, including:  Leadership, strategic planning, customer focus, analysis and information, employee performance management, and process improvement.  The purpose of the assessment is to recognize best practice and identify improvement opportunities.

Sec. 919.  RCW 43.30.720 and 2003 1st sp.s. c 25 s 938 are each amended to read as follows:

      All receipts from the sale of stock or seed shall be deposited in a state forest nursery revolving fund to be maintained by the department, which is hereby authorized to use all money in said fund for the maintenance of the state tree nursery or the planting of denuded state owned lands.

      During the ((2003-2005)) 2011-2013 fiscal biennium, the legislature may transfer from the state forest nursery revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 920.  RCW 43.88.110 and 2009 c 518 s 3 are each amended to read as follows:

      This section sets forth the expenditure programs and the allotment and reserve procedures to be followed by the executive branch for public funds.

      (1) Allotments of an appropriation for any fiscal period shall conform to the terms, limits, or conditions of the appropriation.

      (2) The director of financial management shall provide all agencies with a complete set of operating and capital instructions for preparing a statement of proposed expenditures at least thirty days before the beginning of a fiscal period.  The set of instructions need not include specific appropriation amounts for the agency.

      (3) Within forty-five days after the beginning of the fiscal period or within forty-five days after the governor signs the omnibus biennial appropriations act, whichever is later, all agencies shall submit to the governor a statement of proposed expenditures at such times and in such form as may be required by the governor.

      (4) The office of financial management shall develop a method for monitoring capital appropriations and expenditures that will capture at least the following elements:

      (a) Appropriations made for capital projects including transportation projects;

      (b) Estimates of total project costs including past, current, ensuing, and future biennial costs;

      (c) Comparisons of actual costs to estimated costs;

      (d) Comparisons of estimated construction start and completion dates with actual dates;

      (e) Documentation of fund shifts between projects.

      This data may be incorporated into the existing accounting system or into a separate project management system, as deemed appropriate by the office of financial management.

      (5) The office of financial management, prior to approving allotments for major capital construction projects valued over five million dollars, shall institute procedures for reviewing such projects at the predesign stage that will reduce long-term costs and increase facility efficiency.  The procedures shall include, but not be limited to, the following elements:

      (a) Evaluation of facility program requirements and consistency with long-range plans;

      (b) Utilization of a system of cost, quality, and performance standards to compare major capital construction projects; and

      (c) A requirement to incorporate value-engineering analysis and constructability review into the project schedule.

      (6) No expenditure may be incurred or obligation entered into for such major capital construction projects including, without exception, land acquisition, site development, predesign, design, construction, and equipment acquisition and installation, until the allotment of the funds to be expended has been approved by the office of financial management.  This limitation does not prohibit the continuation of expenditures and obligations into the succeeding biennium for projects for which allotments have been approved in the immediate prior biennium.

      (7)(a) Beginning January 1, 2013, if at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, the governor shall make across- the-board reductions in allotments for that particular fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods.

(b)(i) From the effective date of this section until January 1, 2013, if at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, then as set forth in (b) of this subsection the governor shall make across-the-board reductions in the total amount allotted to each agency from each appropriation from that fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods.
      (ii) The percentage reduction applied to individual allotments of an agency's total allotments from each appropriation from that fund or account may vary, but each agency's total allotments from each appropriation from that fund or account must be uniformly reduced by the percentage necessary to prevent a cash deficit.  Where a portion of an appropriation is provided solely for a particular purpose, allotments of that portion of the appropriation may be reduced only by the same percentage as the overall appropriation.
      (iii) Allotments for the following programs may be reduced only by a percentage equal to one-half of the percentage reduction applied to total allotments of appropriations under (b)(ii) of this subsection:
      (A) Direct custody in the department of corrections and the juvenile rehabilitation administration; and
      (B) The special commitment center of the department of social and health services.
      (iv) Basic education programs, debt service on state bonds, state contributions to retirement systems, and programs for which a defined benefit is specifically mandated in statute are exempt from across-the- board allotment reductions under this subsection (7)(b) and allotments for these purposes shall not be included when calculating the allotment reductions.
      (8) Except for the legislative and judicial branches and other agencies headed by elective officials, the governor shall review the statement of proposed operating expenditures for reasonableness and conformance with legislative intent.  The governor may request corrections of proposed allotments submitted by the legislative and judicial branches and agencies headed by elective officials if those proposed allotments contain significant technical errors.

(9) Once the governor approves the proposed allotments, further revisions may at the request of the office of financial management or upon the agency's initiative be made on a quarterly basis and must be accompanied by an explanation of the reasons for significant changes. If the governor initiates across-the-board allotment revisions under subsection (7)(b) of this section, the office of financial management shall provide notice to the appropriate legislative fiscal committees of the proposed revisions, including the explanation for the significant changes, and the revisions may not take effect until ten days after this notice is provided.  However, changes in appropriation level authorized by the legislature, changes required by across-the- board reductions mandated by the governor, changes caused by executive increases to spending authority, and changes caused by executive decreases to spending authority for failure to comply with the provisions of chapter 36.70A RCW may require additional revisions.  Revisions shall not be made retroactively.  However, the governor may assign to a reserve status any portion of an agency appropriation withheld as part of across-the-board reductions made by the governor and any portion of an agency appropriation conditioned on a contingent event by the appropriations act.  The governor may remove these amounts from reserve status if the across-the-board reductions are subsequently modified or if the contingent event occurs.  The director of financial management shall enter approved statements of proposed expenditures into the state budgeting, accounting, and reporting system within forty-five days after receipt of the proposed statements from the agencies.  If an agency or the director of financial management is unable to meet these requirements, the director of financial management shall provide a timely explanation in writing to the legislative fiscal committees.

      (((8))) (10) It is expressly provided that all agencies shall be required to maintain accounting records and to report thereon in the manner prescribed in this chapter and under the regulations issued pursuant to this chapter.  Within ninety days of the end of the fiscal year, all agencies shall submit to the director of financial management their final adjustments to close their books for the fiscal year.  Prior to submitting fiscal data, written or oral, to committees of the legislature, it is the responsibility of the agency submitting the data to reconcile it with the budget and accounting data reported by the agency to the director of financial management.

      (((9))) (11) The director of financial management may exempt certain public funds from the allotment controls established under this chapter if it is not practical or necessary to allot the funds.  Allotment control exemptions expire at the end of the fiscal biennium for which they are granted.  The director of financial management shall report any exemptions granted under this subsection to the legislative fiscal committees.

Sec. 921.  RCW 70.105D.070 and 2011 1st sp.s. c 50 s 964 are each reenacted and 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;

      (xii) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70.105.150;

      (xiii) During the 2009-2011 and 2011-2013 fiscal biennia, shoreline update technical assistance;

      (xiv) During the 2009-2011 fiscal biennium, multijurisdictional permitting teams; ((and))

      (xv) During the 2011-2013 fiscal biennium, actions for reducing public exposure to toxic air pollution; and
      (xvi) During the 2011-2013 fiscal biennium, the department of ecology's water quality, shorelands and environmental assessment, hazardous waste, waste to resources, nuclear waste, and air quality programs.

      (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, defined for the purposes of this section as 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, that pose a threat to human health or the environment.

      (b) 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, except that any applicant that is a Puget Sound partner, as defined in RCW 90.71.010, along with any project that is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310, shall, except as conditioned by RCW 70.105D.120, receive priority for any available funding for any grant or funding programs or sources that use a competitive bidding process.  During the 2007-2009 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.

      (c) To expedite cleanups throughout the state, the department shall partner with local communities and liable parties for cleanups.  The department is authorized to use the following additional strategies in order to ensure a healthful environment for future generations:

      (i) The director may alter grant‑matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:

      (A) Funding would prevent or mitigate unfair economic hardship imposed by the clean‑up liability;

      (B) Funding would create new substantial economic development, public recreational, or habitat restoration opportunities that would not otherwise occur; or

      (C) Funding would create an opportunity for acquisition and redevelopment of vacant, orphaned, or abandoned property under RCW 70.105D.040(5) that would not otherwise occur;

      (ii) The use of outside contracts to conduct necessary studies;

      (iii) The purchase of remedial action cost-cap insurance, when necessary to expedite multiparty clean‑up efforts.

      (d) To facilitate and expedite cleanups using funds from the local toxics control account, during the 2009-2011 fiscal biennium the director may establish grant-funded accounts to hold and disperse local toxics control account funds and funds from local governments to be used for remedial actions.

      (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) Except during the ((2009-2011)) 2011-2013 fiscal biennium, 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.  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, or, after January 1, 2010, for projects designed to address the restoration of Puget Sound, funded in a competitive grant process, that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

      (7) The department shall adopt rules for grant or loan issuance and performance.

      (8) During the ((2007-2009 and 2009-2011)) 2011-2013 fiscal ((biennia)) biennium, the legislature may transfer from the local toxics control account to ((either)) the state ((general fund or the oil spill prevention account, or both)) toxics control account such amounts as reflect excess fund balance in the account.

      (((9) During the 2009-2011 fiscal biennium, the local toxics control account may also be used for a standby rescue tug at Neah Bay, local government shoreline update grants, private and public sector diesel equipment retrofit, and oil spill prevention, preparedness, and response activities.
      (10) During the 2009-2011 fiscal biennium, the legislature may transfer from the state toxics control account to the state general fund such amounts as reflect the excess fund balance in the account.
      (11))) (9) During the 2011-2013 fiscal biennium, the local toxics control account may also be used for local government shoreline update grants and actions for reducing public exposure to toxic air pollution.

Sec. 922.  RCW 74.4