NINETY THIRD DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Tuesday, April 14, 2015

 

The Senate was called to order at 10:00 o’clock a.m. by President Owen. The Secretary called the roll and announced to the President that all senators were present.

The Sergeant at Arms Color Guard consisting of Pages Cora Andersen Bicknell and Dominic Gjurasic, presented the Colors. Pastor Kyle Rasmussen of Bethel Church in Chehalis offered the prayer.

 

MOTION

 

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

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 13, 2015

 

MR. PRESIDENT:

The House has passed:

SUBSTITUTE SENATE BILL NO. 5156,

SUBSTITUTE SENATE BILL NO. 5268,

SECOND SUBSTITUTE SENATE BILL NO. 5311,

SENATE BILL NO. 5464,

SENATE BILL NO. 5482,

SECOND SUBSTITUTE SENATE BILL NO. 5486,

SUBSTITUTE SENATE BILL NO. 5488,

SENATE BILL NO. 5881,

SUBSTITUTE SENATE BILL NO. 5897,

SENATE BILL NO. 5974,

SUBSTITUTE SENATE BILL NO. 5999

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 13, 2015

 

MR. PRESIDENT:

The House has passed:

SENATE BILL NO. 5032,

SUBSTITUTE SENATE BILL NO. 5059,

SECOND SUBSTITUTE SENATE BILL NO. 5215,

SUBSTITUTE SENATE BILL NO. 5293,

SUBSTITUTE SENATE BILL NO. 5322,

SENATE BILL NO. 5793

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

On motion of Senator Fain, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 6099  by Senators Padden, O'Ban and Conway

 

AN ACT Relating to appointing a representative for a crime victim in certain circumstances; amending RCW 9.94A.500; creating a new section; and providing an effective date.

 

Referred to Committee on Law & Justice.

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1822               by House Committee on Transportation (originally sponsored by Representatives Farrell, Orcutt, Fey, Fitzgibbon and Moscoso)

AN ACT Relating to extending and modifying the commute trip reduction tax credit; amending RCW 82.70.900, 82.70.050, 82.70.020, 82.70.025, 82.70.040, and 82.70.060; creating a new section; providing an effective date; providing expiration dates; and declaring and emergency.

 

Referred to Committee on Transportation.

 

SHB 1892               by House Committee on Transportation (originally sponsored by Representatives Fey, Clibborn, Farrell, Moscoso, Tarleton, Ormsby and Bergquist)

 

AN ACT Relating to repealing the deduction for handling losses of motor vehicle fuel; repealing RCW 82.38.083 and 82.36.029; providing an effective date; and providing a contingent effective date.

 

Referred to Committee on Transportation.

 

HB 1995  by Representative Ryu

AN ACT Relating to a new studded tire fee; adding a new section to chapter 46.37 RCW; prescribing penalties; and providing an effective date.

 

Referred to Committee on Transportation.

 

E2SHB 2136           by House Committee on Appropriations (originally sponsored by Representative Carlyle)

AN ACT Relating to comprehensive marijuana market reforms to ensure a well-regulated and taxed marijuana market in Washington state; amending RCW 69.50.334, 69.50.357, 69.50.369, 69.50.535, 69.50.540, 69.50.331, 69.50.445, 69.50.4013, 18.170.020, 69.50.4014, 66.08.050, 69.50.101, 28B.20.502, 43.350.030, 69.50.530, 69.50.342, and 66.08.012; adding new sections to chapter 69.50 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 42.56 RCW; creating new sections; providing contingent effective dates; making appropriations; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

HCR 4401               by Representatives S. Hunt and Reykdal

 

Renaming "Office Building 2" as the "Human Services Building."

 

Referred to Committee on Government Operations & Security.

 

MOTION

 

On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

 

MOTION

 

On motion of Senator Fain, the Senate advanced to the eighth order of business.

 

MOTION

 

Senator Baumgartner moved adoption of the following resolution:

 

SENATE RESOLUTION

8664

 

By Senator Baumgartner

 

WHEREAS, Washington State has a long established, rich, and celebrated sporting history; and

WHEREAS, Washington's sporting history spans all forms of athletic competition, both professional and amateur; and

WHEREAS, Spokane based boxers Chauncy "The Hillyard Hammer" Welliver and Patrick Ferguson continue to provide a reason for Washington to celebrate its sporting history; and

WHEREAS, Chauncy has distinguished himself from his peers by earning a record of 55 wins - 22 by knockout, 11 losses - 3 by knockout, and 5 draws; and

WHEREAS, Chauncy's peers saw fit to award him the title of WBC Continental Americas "Champion of the Year"; and

WHEREAS, Patrick has shown true pride and dedication to his craft, earning the 2015 USA Boxing Heavyweight Elite National Champion title in Spokane earlier this year; and

WHEREAS, Patrick's ambitions reach further than Spokane city limits and Washington State Border, he aspires to represent the United States of America at the 2016 Olympic Games in Rio; and

WHEREAS, Both Chauncy and Patrick's dedication to excellence isn't simply limited to the boxing ring; and

WHEREAS, Both fighters make the best of their reach, lightning fast hands, and fancy footwork to provide mentorship opportunities for disadvantaged and at-risk youth; and

WHEREAS, Living by the motto, "If you believe it, you achieve it," best defines the way they live their lives; and

WHEREAS, In their words, it is important to remember where you come from and always choose to inspire others, especially the less fortunate;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate the sporting triumphs and community compassion of Chauncy Welliver and Patrick Ferguson; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted to Chauncy Welliver, Patrick Ferguson, the Hillyard Neighborhood council, Spokane City Council, Spokane County Commissioners, Team USA Boxing, and the World Boxing Council.

Senator Baumgartner spoke in favor of adoption of the resolution.

 

POINT OF INQUIRY

 

Senator Mullet:  “Would the good Senator yield to a question? .How much do we have to put together to go three rounds with one of these gentlemen?”

 

Senator Baumgartner:  “Well, I do have to admit I thought about using these two guys to work over Hargrove a little bit in budget negotiations. But I have actually worked out last summer at Chauncy’s gym. Chauncy’s not just a great boxer, he’s a small business owner in Spokane, the Box Fit Gym in Spokane. Would encourage any of you when you come out. It’s in Senator Billig’s great Third District but I’m sure we could all go a few round with him and he’ll take it easy on us. If we could see Hargrove get worked over, I’d be all for that.”

 

REMARKS BY SENATOR HARGROVE

 

Senator Hargrove:  “Well, at least Senator Baumgartner recognizes that he would need some help.”

 

Senator Sheldon spoke in favor of adoption of the resolution.

 

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8664.

The motion by Senator Baumgartner carried and the resolution was adopted by voice vote.

 

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Mr. Chauncy Welliver, his wife Sarah and 16-month old daughter Lymon, and Mr. Patrick Ferguson who were present in the gallery and recognized by the senate.

 

MOTION

 

On motion of Senator Fain, the Senate reverted to the seventh order of business.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Dammeier moved that Maud Daudon, Gubernatorial Appointment No. 9033, be confirmed as a member of the Washington State Student Achievement Council.

Senators Dammeier, Kohl-Welles and Frockt spoke in favor of passage of the motion.

 

MOTION

 

On motion of Senator Habib, Senator Ranker was excused.

 

APPOINTMENT OF MAUD DAUDON

 

The President declared the question before the Senate to be the confirmation of Maud Daudon, Gubernatorial Appointment No. 9033, as a member of the Washington State Student Achievement Council.

 

The Secretary called the roll on the confirmation of Maud Daudon, Gubernatorial Appointment No. 9033, as a member of the Washington State Student Achievement Council and the appointment was confirmed by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Maud Daudon, Gubernatorial Appointment No. 9033, having received the constitutional majority was declared confirmed as a member of the Washington State Student Achievement Council.

 

SIGNED BY THE PRESIDENT

 

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SENATE BILL NO. 5119,

SENATE BILL NO. 5121,

SENATE BILL NO. 5249,

SECOND SUBSTITUTE SENATE BILL NO. 5404,

SUBSTITUTE SENATE BILL NO. 5448,

SUBSTITUTE SENATE BILL NO. 5518, and

SENATE BILL NO. 5768.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

Senator Bailey moved that Shaunta Hyde, Gubernatorial Appointment No. 9072, be confirmed as a member of the State Board for Community and Technical Colleges.

Senator Bailey spoke in favor of the motion.

 

MOTION

 

On motion of Senator Habib, Senator Frockt was excused.

 

APPOINTMENT OF SHAUNTA HYDE

 

The President declared the question before the Senate to be the confirmation of Shaunta Hyde, Gubernatorial Appointment No. 9072, as a member of the State Board for Community and Technical Colleges.

 

The Secretary called the roll on the confirmation of Shaunta Hyde, Gubernatorial Appointment No. 9072, as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senator Frockt

Shaunta Hyde, Gubernatorial Appointment No. 9072, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.

 

MOTION

 

On motion of Senator Fain, the Senate reverted to the sixth order of business.

 

PERSONAL PRIVILEGE

 

Senator Chase:  “Thank you Mr. President. Today is Women’s Equality Day, National Equal payday, National Equal payday. This is the day that President Barak Obama that we will all take a look at how much money women are making in relationship to men. You will all be happy to know that in our state women make seventy eight cents for every dollar that men make. When I first started on this campaign women were making seventy two cents. This was back in the 1970s. We are making great progress. Five cents in the last thirty years, five cents. Now lest any of you think that your district is perfect and that women are being paid equally in your district, I would like to call your attention to a document that I circulated to this body. Everybody has it. Showing the legislative district and the elected official that represents that district and it also shows a number of government workers that you have, the number of manufacturer workers and the number of agriculture workers are extractive industry but it also shows how much women are making in your district relative to men. I urge you to take a look at this. Additionally, recently in the last month we have the new economic report on the status of women. How we have achieved these great gains across our state. And I will be sending it to you just so you can take a look and be prepared because I’m also as my colleague Senator Roach asked for her remarks to be spread on the record I will be spreading these numbers across the state. So, I urge you to be prepared for when you talk to the women in your district to celebrate with them the fact that not in all districts but in most districts we have achieved five cents of pay equity in the last thirty years. This is a great victory. We need to celebrate it. Thank you Mr. President.”

 

PERSONAL PRIVILEGE

 

Senator Cleveland:  “Thank you Mr. President. I too rise today in recognition of equal pay day and while I know this is an issue that cuts across many boundaries I also know that according to a January 2015 Institute for Women’s policy report, if we take no further action to advance pay equity women in Washington won’t gain pay equity until 2071. Let me say that again, 2071. Now given that our state passed our original pay act seventy two years ago in 1943 this means we will not achieve pay equity for another fifty six years. Mr. President, one hundred twenty eight years to achieve equal pay is too long and it does not honor our long history as a state of being a champion for women. As I look around this body and I see the tremendous women here today as well as those who have served us in the past we’re leading our state and lighting the way forward. I urge us to on this day of recognition of the equal pay act that we commit to addressing this issue together. Thank you.”

 

PERSONAL PRIVILEGE

 

Senator Jayapal:  “Thank you Mr. President. I too rise in support of equal pay day. I was just remembering that last year during my campaign I had the great honor to be endorsed by Lilly Ledbetter an incredible, incredible champion for equal pay and for women’s pay equity across the country. As I listen to her story and the decades she spent not knowing what was actually with her salary, not knowing that she was being paid less and then the trials and tribulations she went through as she brought the case forward and the hate mail she got along the way. But the champion she emerged as I rise today in support of women like Lilly Ledbetter across the country who are striving for equal pay. Mr. President, we already know that Washington’s women make about seventy seven cents on the dollar but I also wanted to point out that women of color in particular are hit the hardest. Latino women, Latinas for example make just fifty four cents on the dollar and African-American women just make sixty four cents of what a white man makes. Mr. President, equal pay is not just a women’s issue. If we pay women more we know it’s going to generate more for families. This is a family issue because women take care of their families, they’re the first ones to spend on their kids’ education and if we were to increase the pay and make it equal pay for women studies estimate that it would pour about two hundred billion dollars into the U.S. economy because we know that women aren’t putting the money into Swiss bank accounts or investing in stocks and bonds. We know they are spending on what their kids and families need. So, Mr. President, Washington State has twenty four states doing better than us on the equal pay issue and we need to put ourselves at the top of the list. We need to make sure that we are doing everything we can. Thank you Mr. President.”

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844, by House Committee on Transportation (originally sponsored by Representatives Moscoso, Kochmar, Clibborn, Fey, Appleton, Ortiz-Self and Tarleton)

 

Concerning work performed by state forces on ferry vessels and terminals.

 

The measure was read the second time.

 

MOTION

 

Senator King moved that the following committee striking amendment by the Committee on Transportation be adopted:

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

"Sec. 1.  RCW 47.28.030 and 2014 c 222 s 701 are each amended to read as follows:

(1)(a) A state highway shall be constructed, altered, repaired, or improved, and improvements located on property acquired for right‑of‑way purposes may be repaired or renovated pending the use of such right‑of‑way for highway purposes, by contract or state forces. The work or portions thereof may be done by state forces when the estimated costs thereof are less than fifty thousand dollars and effective July 1, 2005, sixty thousand dollars.

(b) When delay of performance of such work would jeopardize a state highway or constitute a danger to the traveling public, the work may be done by state forces when the estimated cost thereof is less than eighty thousand dollars and effective July 1, 2005, one hundred thousand dollars.

(c) When the department of transportation determines to do the work by state forces, it shall enter a statement upon its records to that effect, stating the reasons therefor.

(d) To enable a larger number of small businesses and veteran, minority, and women contractors to effectively compete for department of transportation contracts, the department may adopt rules providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the engineer's estimate indicates the cost of the work would not exceed eighty thousand dollars and effective July 1, 2005, one hundred thousand dollars.

(2) The rules adopted under this section:

(a) Shall provide for competitive bids to the extent that competitive sources are available except when delay of performance would jeopardize life or property or inconvenience the traveling public; and

(b) Need not require the furnishing of a bid deposit nor a performance bond, but if a performance bond is not required then progress payments to the contractor may be required to be made based on submittal of paid invoices to substantiate proof that disbursements have been made to laborers, material suppliers, mechanics, and subcontractors from the previous partial payment; and

(c) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070, but the prequalification standards and procedures under RCW 47.28.070 shall always be sufficient.

(3) The department of transportation shall comply with such goals and rules as may be adopted by the office of minority and women's business enterprises to implement chapter 39.19 RCW with respect to contracts entered into under this chapter. The department may adopt such rules as may be necessary to comply with the rules adopted by the office of minority and women's business enterprises under chapter 39.19 RCW.

(4)(a) ((For the period of March 15, 2014, through June 30, 2015,)) Work for less than one hundred ((twenty)) thousand dollars may be performed on ferry vessels and terminals by state forces.

(b) When the estimated cost of work to be performed on ferry vessels and terminals is between one hundred thousand dollars and two hundred thousand dollars, the department shall contact, by mail or electronic mail, contractors that appear on the department's small works roster as created pursuant to procedures in chapter 39.04 RCW to do specific work the contractors are qualified to do to determine if any contractor is interested and capable of doing the work. If there is a response of interest within seventy-two hours, the small works roster procedures commence. If no qualified contractors respond with interest and availability to do the work, the department may use its regular contracting procedures. If the secretary determines that the work to be completed is an emergency, procedures governing emergencies apply.

(c) The department shall hire a disinterested, third party to conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement projects. The analysis must include options that consider consolidating work while vessels are at shipyards by having state forces perform services traditionally performed at Eagle Harbor at the shipyard and decreasing the allowable time at shipyards. The analysis must also compare the out-of-service vessel times of performing services by state forces versus contracting out those services which in turn must be used to form a recommendation as to what the threshold of work performed on ferry vessels and terminals by state forces should be. This analysis must be presented to the transportation committees of the senate and house of representatives by December 1, 2010.

(((c))) (d) The department shall develop a proposed ferry vessel maintenance, preservation, and improvement program and present it to the transportation committees of the senate and house of representatives by December 1, 2010. The proposed program must:

(i) Improve the basis for budgeting vessel maintenance, preservation, and improvement costs and for projecting those costs into a sixteen-year financial plan;

(ii) Limit the amount of planned out-of-service time to the greatest extent possible, including options associated with department staff as well as commercial shipyards; and

(iii) Be based on the service plan in the capital plan, recognizing that vessel preservation and improvement needs may vary by route.

(((d))) (e) In developing the proposed ferry vessel maintenance, preservation, and improvement program, the department shall consider the following, related to reducing vessel out-of-service time:

(i) The costs compared to benefits of Eagle Harbor repair and maintenance facility operations options to include staffing costs and benefits in terms of reduced out-of-service time;

(ii) The maintenance requirements for on-vessel staff, including the benefits of a systemwide standard;

(iii) The costs compared to benefits of staff performing preservation or maintenance work, or both, while the vessel is underway, tied up between sailings, or not deployed;

(iv) A review of the department's vessel maintenance, preservation, and improvement program contracting process and contractual requirements;

(v) The costs compared to benefits of allowing for increased costs associated with expedited delivery;

(vi) A method for comparing the anticipated out-of-service time of proposed projects and other projects planned during the same construction period;

(vii) Coordination with required United States coast guard dry dockings;

(viii) A method for comparing how proposed projects relate to the service requirements of the route on which the vessel normally operates; and

(ix) A method for evaluating the ongoing maintenance and preservation costs associated with proposed improvement projects.

NEW SECTION.  Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015."

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Engrossed Substitute House Bill No. 1844.

The motion by Senator King carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, after "terminals;" strike the remainder of the title and insert "amending RCW 47.28.030; providing an effective date; and declaring an emergency."

 

MOTION

 

On motion of Senator King, the rules were suspended, Engrossed Substitute House Bill No. 1844 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1844 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1844 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Mullet, Senators Billig and Nelson were excused.

 

SECOND READING

 

HOUSE BILL NO. 1531, by Representatives Tharinger, Harris, Jinkins, Cody, Caldier, Kagi, Wylie and Senn

 

Removing expiration dates for training and certification exemptions for certain long-term care workers.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Becker, the rules were suspended, House Bill No. 1531 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Becker spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1531.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1531 and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senator Dansel

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1531, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440, by House Committee on Public Safety (originally sponsored by Representatives Taylor, Goodman, Pollet, Scott, Condotta, Shea, G. Hunt, Young, Moscoso, Smith, Ryu, Jinkins, Magendanz, Farrell and McCaslin)

 

Prohibiting the use of a cell site simulator device without a warrant.

 

The measure was read the second time.

 

MOTION

 

Senator Padden moved that the following committee striking amendment by the Committee on Law & Justice be adopted:

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 9.73 RCW to read as follows:

The state and its political subdivisions shall not, by means of a cell site simulator device, collect or use a person's electronic data or metadata without (1) that person's informed consent, (2) a warrant, based upon probable cause, that describes with particularity the person, place, or thing to be searched or seized, or (3) acting in accordance with a legally recognized exception to the warrant requirements.

Sec. 2.  RCW 9.73.260 and 1998 c 217 s 1 are each amended to read as follows:

(1) As used in this section:

(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such communication.

(b) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:

(i) Any wire or oral communication;

(ii) Any communication made through a tone-only paging device; or

(iii) Any communication from a tracking device, but solely to the extent the tracking device is owned by the applicable law enforcement agency.

(c) "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications.

(d) "Pen register" means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(e) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

(f) "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations: (i) Identifying, locating, or tracking the movements of a communications device; (ii) intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device; (iii) affecting the hardware or software operations or functions of a communications device; (iv) forcing transmissions from or connections to a communications device; (v) denying a communications device access to other communications devices, communications protocols, or services; or (vi) spoofing or simulating a communications device, cell tower, cell site, or service, including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. A cell site simulator device does not include any device used or installed by an electric utility, as defined in RCW 19.280.020, solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.

(2) No person may install or use a pen register ((or)), trap and trace device, or cell site simulator device without a prior court order issued under this section except as provided under subsection (6) of this section or RCW 9.73.070.

(3) A law enforcement officer may apply for and the superior court may issue orders and extensions of orders authorizing the installation and use of pen registers ((and)), trap and trace devices, and cell site simulator devices as provided in this section. The application shall be under oath and shall include the identity of the officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

(4) If the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation and finds that there is probable cause to believe that the pen register ((or)), trap and trace device, or cell site simulator device will lead to obtaining evidence of a crime, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation and use of a pen register ((or a)), trap and trace device, or cell site simulator device. The order shall specify:

(a)(i) In the case of a pen register or trap and trace device, the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; or

(ii) In the case of a cell site simulator device, the identity, if known, of (A) the person to whom is subscribed or in whose name is subscribed the electronic communications service utilized by the device to which the cell site simulator device is to be used and (B) the person who possesses the device to which the cell site simulator device is to be used;

(b) The identity, if known, of the person who is the subject of the criminal investigation;

(c)(i) In the case of a pen register or trap and trace device, the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; or

(ii) In the case of a cell site simulator device: (A) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cell site simulator device is to be attached or used; (B) if known, the physical location of the device to which the cell site simulator device is to be attached or used; (C) the type of device, and the communications protocols being used by the device, to which the cell site simulator device is to be attached or used; (D) the geographic area that will be covered by the cell site simulator device; (E) all categories of metadata, data, or information to be collected by the cell site simulator device from the targeted device including, but not limited to, call records and geolocation information; (F) whether or not the cell site simulator device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected; and (G) any disruptions to access or use of a communications or internet access network that may be created by use of the device; and

(d) A statement of the offense to which the information likely to be obtained by the pen register ((or)), trap and trace device, or cell site simulator device relates.

The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register ((or)), trap and trace device, or cell site simulator device. An order issued under this section shall authorize the installation and use of a: (i) Pen register or a trap and trace device for a period not to exceed sixty days; and (ii) a cell site simulator device for sixty days. An extension of the original order may only be granted upon: A new application for an order under subsection (3) of this section; and a showing that there is a probability that the information or items sought under this subsection are more likely to be obtained under the extension than under the original order. No extension beyond the first extension shall be granted unless: There is a showing that there is a high probability that the information or items sought under this subsection are much more likely to be obtained under the second or subsequent extension than under the original order; and there are extraordinary circumstances such as a direct and immediate danger of death or serious bodily injury to a law enforcement officer. The period of extension shall be for a period not to exceed sixty days.

An order authorizing or approving the installation and use of a pen register ((or a)), trap and trace device, or cell site simulator device shall direct that the order be sealed until otherwise ordered by the court and that the person owning or leasing the line to which the pen register ((or)), trap and trace device, and cell site simulator devices is attached or used, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register ((or)), trap and trace device, or cell site simulator device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.

(5) Upon the presentation of an order, entered under subsection (4) of this section, by an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in subsection (4) of this section.

Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in subsection (4) of this section. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

(6)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register ((or a)), trap and trace device, or cell site simulator device before an order authorizing such installation and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation and use, may have installed and use a pen register ((or)), trap and trace device, or cell site simulator device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with subsection (4) of this section. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register ((or)), trap and trace device, or cell site simulator device, whichever is earlier. If an order approving the installation or use is not obtained within forty-eight hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation or use by any law enforcement officer of a pen register ((or)), trap and trace device, or cell site simulator device pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter and be punishable as a gross misdemeanor. A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

(b) A law enforcement agency that authorizes the installation of a pen register ((or)), trap and trace device, or cell site simulator device under this subsection (6) shall file a monthly report with the administrator for the courts. The report shall indicate the number of authorizations made, the date and time of each authorization, whether a court authorization was sought within forty-eight hours, and whether a subsequent court authorization was granted.

(c) A law enforcement agency authorized to use a cell site simulator device in accordance with this section must: (i) Take all steps necessary to limit the collection of any information or metadata to the target specified in the applicable court order; (ii) take all steps necessary to permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and must not transmit, use, or retain such information or metadata for any purpose whatsoever; and (iii) must delete any information or metadata collected from the target specified in the court order within thirty days if there is no longer probable cause to support the belief that such information or metadata is evidence of a crime.

NEW SECTION.  Sec. 3.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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

Senator Padden spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Law & Justice to Engrossed Substitute House Bill No. 1440.

The motion by Senator Padden carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, after "warrant;" strike the remainder of the title and insert "amending RCW 9.73.260; adding a new section to chapter 9.73 RCW; and declaring an emergency."

 

MOTION

 

On motion of Senator Padden, the rules were suspended, Engrossed Substitute House Bill No. 1440 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Padden spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1440 as amended by the Senate

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1440 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1884, by Representatives Vick, Bergquist, Hayes, Riccelli, Orcutt, Wilson and Pike

 

Expanding the definition of an electric personal assistive mobility device to include a one-wheeled self-balancing device.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator King, the rules were suspended, House Bill No. 1884 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator King spoke in favor of passage of the bill.

 

POINT OF INQUIRY

 

Senator Keiser:  “Would the good Senator, Senator King, respond to a question? I am wondering, this is really quite intriguing. When the Segway was first introduced we all got to try it out to see if we could manage. I’m wondering, did you get to try out a personal assisted mobility device to include a one-wheeled self-balancing device?”

 

Senator King:  “Anything that is that hard to describe I have stayed away from but I have seen it in a short little clip of how it works. It’s quite intriguing but I don’t think you’re going to find me on one of them. Thank you.”

 

POINT OF INQUIRY

 

Senator Hargrove:  “Would Senator King yield to another question? So, I’m just reading the bill right now and these vehicles are limited to sidewalks, is that correct?”

 

Senator King:  “I believe that is true.”

 

Senator Hargrove: “And they are going to be going twenty miles an hour on a sidewalk?”

 

Senator King: “No, that’s the maximum they can go. It’s limited to ten miles an hour when they are on a sidewalk.”

 

The President declared the question before the Senate to be the final passage of House Bill No. 1884.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1884 and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senator Ranker

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1884, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2007, by Representatives Zeiger, Sullivan, Stambaugh, Van De Wege, Riccelli and Ormsby

 

Concerning reimbursement to eligible providers for medicaid ground emergency medical transportation services.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Dammeier, the rules were suspended, House Bill No. 2007 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Dammeier spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2007.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 2007 and the bill passed the Senate by the following vote:  Yeas, 39; Nays, 7; Absent, 1; Excused, 2.

Voting yea: Senators Angel, Bailey, Becker, Braun, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senators Baumgartner, Brown, Dansel, Ericksen, Hewitt, Padden and Parlette

Absent: Senator Benton

Excused: Senators Billig and Nelson

HOUSE BILL NO. 2007, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1263, by Representatives Stokesbary, Kirby, Vick, Hurst and Buys

 

Exempting certified public accountants from private investigator regulations.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Baumgartner, the rules were suspended, House Bill No. 1263 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Baumgartner spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1263.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1263 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1263, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1940, by Representatives Stokesbary, Fitzgibbon, Ryu, Magendanz, Kochmar, Hargrove, Rodne, Bergquist, Hurst, Gregerson, Orwall and Jinkins

 

Exempting levies imposed by qualifying flood control zone districts from certain limitations upon regular property tax levies.

 

The measure was read the second time.

 

MOTION

 

Senator Fain moved that the following committee striking amendment by the Committee on Ways & Means be adopted:

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

"NEW SECTION.  Sec. 1.  The legislature finds that flooding is a critical problem in Washington. The legislature further finds that flooding can result in loss of human life, damage to property, destruction of infrastructure, and bring economic activity to a standstill. The legislature further finds that flood control zone districts offer critical services that protect our state by mitigating the devastating impacts of flooding. It is the legislature's public policy objective to maximize available financing tools to flood control zone districts to continue their important work. Therefore, it is the legislature's intent to exempt levies imposed by a qualifying flood control zone district from certain limitations upon regular property tax levies.

Sec. 2.  RCW 84.52.010 and 2009 c 551 s 7 are each amended to read as follows:

(1) Except as is permitted under RCW 84.55.050, all taxes ((shall)) must be levied or voted in specific amounts.

(2) The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, ((shall)) must be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county ((shall)) must be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

(3) When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor ((shall)) must recompute and establish a consolidated levy in the following manner:

(((1))) (a) The full certified rates of tax levy for state, county, county road district, and city or town purposes ((shall)) must be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy ((shall)) takes precedence over all other levies and ((shall)) may not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 36.54.130, 84.34.230, 84.52.069, 84.52.105, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, 84.52.125, 84.52.135, and 84.52.140, and the portion of the levy by a flood control zone district that was protected under section 3 of this act, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies ((shall)) must be reduced as follows:

(((a))) (i) The portion of the levy by a flood control zone district that was protected under section 3 of this act must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

(ii) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a county under RCW 84.52.140 ((shall)) must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or ((shall)) must be eliminated;

(((b))) (iii) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a fire protection district that is protected under RCW 84.52.125 ((shall)) must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or ((shall)) must be eliminated;

(((c))) (iv) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a county under RCW 84.52.135 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

(((d))) (v) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a ferry district under RCW 36.54.130 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

(((e))) (vi) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 ((shall)) must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or ((shall)) must be eliminated;

(((f))) (vii) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, ((shall)) must be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or ((shall)) must be eliminated; and

(((g))) (viii) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 ((shall)) must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

(((2))) (b) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property ((shall)) must be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

(((a))) (i) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 ((shall)) must be reduced on a pro rata basis or eliminated;

(((b))) (ii) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts ((shall)) other than the portion of a levy protected under section 3 of this act must be reduced on a pro rata basis or eliminated;

(((c))) (iii) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, regional fire protection service authorities, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, ((shall)) must be reduced on a pro rata basis or eliminated;

(((d))) (iv) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, ((shall)) must be reduced on a pro rata basis or eliminated;

(((e))) (v) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 and regional fire protection service authorities under RCW 52.26.140(1) (b) and (c) ((shall)) must be reduced on a pro rata basis or eliminated; and

(((f))) (vi) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, regional fire protection service authorities under RCW 52.26.140(1)(a), library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, ((shall)) must be reduced on a pro rata basis or eliminated.

NEW SECTION.  Sec. 3.  A new section is added to chapter 84.52 RCW to read as follows:

A flood control zone district in a county with a population of seven hundred seventy-five thousand or more, or a county within the Chehalis river basin, that is coextensive with a county may protect the levy under RCW 86.15.160 from prorationing under RCW 84.52.010(3)(b)(ii) by imposing up to a total of twenty-five cents per thousand dollars of assessed value of the tax levy authorized under RCW 86.15.160 outside of the five dollars and ninety cents per thousand dollars of assessed value limitation under RCW 84.52.043(2), if those taxes otherwise would be prorated under RCW 84.52.010(3)(b)(ii).

Sec. 4.  RCW 84.52.043 and 2009 c 551 s 6 are each amended to read as follows:

Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named ((shall be)) are as follows:

(1) Levies of the senior taxing districts ((shall be)) are as follows: (a) The levy by the state ((shall)) may not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county ((shall)) may not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district ((shall)) may not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town ((shall)) may not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, ((shall)) may not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection ((shall)) do not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; (g) levies imposed by ferry districts under RCW 36.54.130; (h) levies for criminal justice purposes under RCW 84.52.135; (i) the portions of levies by fire protection districts that are protected under RCW 84.52.125; ((and)) (j) levies by counties for transit-related purposes under RCW 84.52.140; and (k) the portion of the levy by flood control zone districts that are protected under section 3 of this act.

NEW SECTION.  Sec. 5.  This act applies to taxes levied for collection in 2018 and thereafter.

NEW SECTION.  Sec. 6.  This act takes effect January 1, 2018.

NEW SECTION.  Sec. 7.  This act expires January 1, 2023."

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to House Bill No. 1940.

The motion by Senator Fain carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 3 of the title, after "levies;" strike the remainder of the title and insert "amending RCW 84.52.010 and 84.52.043; adding a new section to chapter 84.52 RCW; creating new sections; providing an effective date; and providing an expiration date."

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Bill No. 1940 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Fain spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1940 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1940 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, O'Ban, Parlette, Pedersen, Ranker, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senators Dansel, Padden, Pearson and Rivers

Excused: Senators Billig and Nelson

HOUSE BILL NO. 1940 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 1422, by Representatives Scott, Griffey and Condotta

 

Concerning misrepresentation of a floral product business's geographic location. (REVISED FOR ENGROSSED: Concerning misrepresentation of a floral product business's geographic location and advertising requirements for floral product businesses.)

 

The measure was read the second time.

 

MOTION

 

Senator Baumgartner moved that the following committee striking amendment by the Committee on Commerce & Labor be adopted:

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

"Sec. 1.  RCW 19.160.010 and 1999 c 156 s 1 are each amended to read as follows:

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

(1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area.

(2) "Local telephone number" means a ((telephone number that can be dialed without incurring long distance charges from telephones located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers, toll-free numbers, or 900 exchange numbers listed in a local telephone directory)) specific telephone number, area code and prefix, assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas. The term "local telephone number" does not include long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory.

(3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation.

Sec. 2.  RCW 19.160.030 and 1999 c 156 s 2 are each amended to read as follows:

((No person engaged in the selling, delivery, or solicitation of cut flowers, flower arrangements, or floral products may misrepresent his, her, or its geographic location by:

(1) Listing a local telephone number in a local telephone directory if:

(a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory; and

(b) The listing fails to conspicuously disclose the locality and state in which the business is located; or

(2) Listing a business name in a local telephone directory if:

(a) The name misrepresents the business's geographic location; and

(b) The listing fails to disclose the locality and state in which the business is located.)) (1) For purposes of this section, "floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services.

(2) It is a violation for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:

(a) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider's or vendor's business; or

(b) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met:

(i) The name of the business misrepresents the provider's or vendor's geographic location; and

(ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider's or vendor's business.

(3) A violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars.

(4) This section does not create or impose any duty or obligation on a person other than a vendor or provider of floral or ornamental products or services.

(5) This section does not apply to any of the following:

(a) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.

(b) An internet web site that aggregates and provides information about other businesses.

(c) An owner or publisher of a print advertising medium providing information about other businesses.

(d) An internet service provider.

(e) An internet service that displays or distributes advertisements for other businesses."

Senator Baumgartner spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Commerce & Labor to Engrossed House Bill No. 1422.

The motion by Senator Baumgartner carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 19.160.010 and 19.160.030; and prescribing penalties."

 

MOTION

 

On motion of Senator Baumgartner, the rules were suspended, Engrossed House Bill No. 1422 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Baumgartner, McAuliffe and Kohl-Welles spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1422 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed House Bill No. 1422 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senators Dansel, Ericksen, Frockt, Liias and Pedersen

ENGROSSED HOUSE BILL NO. 1422 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

Senator Fain announced that the senate would resume business at 1:30 p.m.

 

Senator Nelson announced a brief meeting of the Senate Democratic Caucus immediately upon going at ease.

 

Senator Parlette announced a meeting of the Majority Coalition Caucus immediately upon going at ease.

 

MOTION

 

At 11:23 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:52 p.m. by President Owen.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1879, by House Committee on Health Care & Wellness (originally sponsored by Representatives Kagi, Walsh, Cody, Harris, Orwall, Tarleton and Ormsby)

 

Directing the health care authority to issue a request for proposals for integrated managed health and behavioral health services for foster children.

 

The measure was read the second time.

 

MOTION

 

Senator O'Ban moved that the following committee striking amendment by the Committee on Human Services, Mental Health & Housing be adopted:

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 74.09 RCW to read as follows:

The authority shall issue a request for proposals to provide integrated managed health and behavioral health care for foster children receiving care through the medical assistance program. Behavioral health services provided under chapters 71.24, 71.34, and 70.96A RCW must be integrated into the managed health care plan for foster children beginning October 1, 2018. The request for proposals must address the program elements described in section 110, chapter 225, Laws of 2014, including development of a service delivery system, benefit design, reimbursement mechanisms, incorporation or coordination of services currently provided by the regional support networks, and standards for contracting with health plans. The request for proposals must be issued and completed in time for services under the integrated managed care plan to begin on October 1, 2016.

Sec. 2.  RCW 74.09.490 and 2011 1st sp.s. c 15 s 23 are each amended to read as follows:

(1) The authority, in consultation with the evidence-based practice institute established in RCW 71.24.061, shall develop and implement policies to improve prescribing practices for treatment of emotional or behavioral disturbances in children, improve the quality of children's mental health therapy through increased use of evidence-based and research‑based practices and reduced variation in practice, improve communication and care coordination between primary care and mental health providers, and prioritize care in the family home or care which integrates the family where out‑of‑home placement is required.

(2) The authority shall identify those children with emotional or behavioral disturbances who may be at high risk due to off‑label use of prescription medication, use of multiple medications, high medication dosage, or lack of coordination among multiple prescribing providers, and establish one or more mechanisms to evaluate the appropriateness of the medication these children are using, including but not limited to obtaining second opinions from experts in child psychiatry.

(3) The authority shall review the psychotropic medications of all children under five and establish one or more mechanisms to evaluate the appropriateness of the medication these children are using, including but not limited to obtaining second opinions from experts in child psychiatry.

(4) Within existing funds, the authority shall require a second opinion review from an expert in psychiatry for all prescriptions of one or more antipsychotic medications of all children under eighteen years of age in the foster care system. Thirty days of a prescription medication may be dispensed pending the second opinion review. The second opinion feedback must include discussion of the psychosocial interventions that have been or will be offered to the child and caretaker if appropriate in order to address the behavioral issues brought to the attention of the prescribing physician.

(5) The authority shall track prescriptive practices with respect to psychotropic medications with the goal of reducing the use of medication.

(((5))) (6) The authority shall ((encourage the)) promote the appropriate use of cognitive behavioral therapies and other treatments which are empirically supported or evidence-based, in addition to or in the place of prescription medication where appropriate and such interventions are available."

Senator O'Ban spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services, Mental Health & Housing to Substitute House Bill No. 1879.

The motion by Senator O'Ban carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 3 of the title, after "children;" strike the remainder of the title and insert "amending RCW 74.09.490; and adding a new section to chapter 74.09 RCW."

 

MOTION

 

On motion of Senator O'Ban, the rules were suspended, Substitute House Bill No. 1879 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator O'Ban spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Habib, Senator Hasegawa was excused.

 

MOTION

 

On motion of Senator Roach, Senator Benton was excused.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1879 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1879 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senators Dansel, Ericksen and Padden

Excused: Senators Benton and Hasegawa

SUBSTITUTE HOUSE BILL NO. 1879 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 1817, by Representatives Shea, Taylor, Holy, Scott, Griffey, Reykdal and Condotta

 

Providing liability immunity for local jurisdictions when wheeled all-terrain vehicles are operated on public roadways.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Padden, the rules were suspended, House Bill No. 1817 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Padden spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1817.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 1817 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Absent: Senator Ericksen

Excused: Senator Benton

HOUSE BILL NO. 1817, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:

SENATE BILL NO. 5032,

SUBSTITUTE SENATE BILL NO. 5059,

SUBSTITUTE SENATE BILL NO. 5156,

SECOND SUBSTITUTE SENATE BILL NO. 5215,

SUBSTITUTE SENATE BILL NO. 5268,

SUBSTITUTE SENATE BILL NO. 5293,

SECOND SUBSTITUTE SENATE BILL NO. 5311,

SUBSTITUTE SENATE BILL NO. 5322,

SENATE BILL NO. 5464,

SENATE BILL NO. 5482,

SECOND SUBSTITUTE SENATE BILL NO. 5486,

SUBSTITUTE SENATE BILL NO. 5488,

SENATE BILL NO. 5793,

SENATE BILL NO. 5881,

SUBSTITUTE SENATE BILL NO. 5897,

SENATE BILL NO. 5974, and

SUBSTITUTE SENATE BILL NO. 5999.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1516, by House Committee on Finance (originally sponsored by Representatives Pettigrew, Santos, Magendanz, Condotta, Fitzgibbon and Ormsby)

 

Providing an exemption for certain lodging services from the convention and trade center tax.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Litzow, the rules were suspended, Substitute House Bill No. 1516 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Litzow and Jayapal spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1516.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Substitute House Bill No. 1516 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Sheldon and Warnick

Voting nay: Senators Dammeier and Schoesler

SUBSTITUTE HOUSE BILL NO. 1516, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1450, by House Committee on Appropriations (originally sponsored by Representatives Jinkins, Rodne, Walkinshaw, Harris, Cody, Goodman, Senn, Walsh, Riccelli, Robinson, Orwall, Moeller, Gregerson, Van De Wege, Ormsby, Clibborn, McBride, Tharinger, Kagi and Stanford)

 

Concerning involuntary outpatient mental health treatment.

 

The measure was read the second time.

 

MOTION

 

Senator O'Ban moved that the following committee striking amendment by the Committee on Human Services, Mental Health & Housing be adopted:

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

"Sec. 1.  RCW 71.05.020 and 2011 c 148 s 1 and 2011 c 89 s 14 are each reenacted and amended to read as follows:

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

(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;

(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;

(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;

(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;

(8) "Department" means the department of social and health services;

(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;

(10) "Designated crisis responder" means a mental health professional appointed by the county or the regional support network to perform the duties specified in this chapter;

(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;

(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;

(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

(14) "Developmental disability" means that condition defined in RCW 71A.10.020(((3))) (5);

(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;

(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;

(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:

(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

(b) The conditions and strategies necessary to achieve the purposes of habilitation;

(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

(e) The staff responsible for carrying out the plan;

(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and

(g) The type of residence immediately anticipated for the person and possible future types of residences;

(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;

(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;

(25) "Likelihood of serious harm" means:

(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

(b) The person has threatened the physical safety of another and has a history of one or more violent acts;

(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;

(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;

(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;

(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;

(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;

(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

(36) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;

(37) "Release" means legal termination of the commitment under the provisions of this chapter;

(38) "Resource management services" has the meaning given in chapter 71.24 RCW;

(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;

(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;

(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;

(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;

(43) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;

(44) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others;

(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

(46) "In need of assisted outpatient mental health treatment" means that a person, as a result of a mental disorder: (a) Has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months, or, if the person is currently committed for involuntary mental health treatment, the person has been committed to detention for involuntary mental health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle; (b) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's treatment history or current behavior; (c) is unlikely to survive safely in the community without supervision; (d) is likely to benefit from less restrictive alternative treatment; and (e) requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time. For purposes of (a) of this subsection, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation.

(47) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting that includes the services described in section 16 of this act.

Sec. 2.  RCW 71.05.020 and 2014 c 225 s 79 are each reenacted and amended to read as follows:

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

(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;

(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;

(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;

(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;

(8) "Department" means the department of social and health services;

(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;

(10) "Designated crisis responder" means a mental health professional appointed by the county or the behavioral health organization to perform the duties specified in this chapter;

(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;

(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;

(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

(14) "Developmental disability" means that condition defined in RCW 71A.10.020(((4))) (5);

(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;

(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;

(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:

(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

(b) The conditions and strategies necessary to achieve the purposes of habilitation;

(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

(e) The staff responsible for carrying out the plan;

(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and

(g) The type of residence immediately anticipated for the person and possible future types of residences;

(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;

(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;

(25) "Likelihood of serious harm" means:

(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

(b) The person has threatened the physical safety of another and has a history of one or more violent acts;

(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;

(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;

(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;

(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;

(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;

(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

(36) "Registration records" include all the records of the department, behavioral health organizations, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;

(37) "Release" means legal termination of the commitment under the provisions of this chapter;

(38) "Resource management services" has the meaning given in chapter 71.24 RCW;

(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;

(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;

(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;

(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;

(43) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health organizations and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health organizations, or a treatment facility if the notes or records are not available to others;

(44) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;

(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

(46) "In need of assisted outpatient mental health treatment" means that a person, as a result of a mental disorder: (a) Has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months, or, if the person is currently committed for involuntary mental health treatment, the person has been committed to detention for involuntary mental health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle; (b) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's treatment history or current behavior; (c) is unlikely to survive safely in the community without supervision; (d) is likely to benefit from less restrictive alternative treatment; and (e) requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time. For purposes of (a) of this subsection, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation.

(47) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in section 16 of this act.

Sec. 3.  RCW 71.05.150 and 2011 c 148 s 5 are each amended to read as follows:

(1)(a) When a designated mental health professional receives information alleging that a person, as a result of a mental disorder: (i) Presents a likelihood of serious harm; ((or)) (ii) is gravely disabled; or (iii) is in need of assisted outpatient mental health treatment; the designated mental health professional may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention or involuntary outpatient evaluation, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention or involuntary outpatient evaluation. If the petition is filed solely on the grounds that the person is in need of assisted outpatient mental health treatment, the petition may only be for an involuntary outpatient evaluation. An involuntary outpatient evaluation may be conducted by any combination of licensed professionals authorized to petition for involuntary commitment under RCW 71.05.230 and must include involvement or consultation with the agency or facility which will provide monitoring or services under the proposed less restrictive alternative treatment order. If the petition is for an involuntary outpatient evaluation and the person is being held in a hospital emergency department, the person may be released once the hospital has satisfied federal and state legal requirements for appropriate screening and stabilization of patients.

(b) Before filing the petition, the designated mental health professional must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility, crisis stabilization unit, or triage facility.

(2)(a) An order to detain to a designated evaluation and treatment facility for not more than a seventy-two-hour evaluation and treatment period, or an order for an involuntary outpatient evaluation, may be issued by a judge of the superior court upon request of a designated mental health professional, whenever it appears to the satisfaction of a judge of the superior court:

(i) That there is probable cause to support the petition; and

(ii) That the person has refused or failed to accept appropriate evaluation and treatment voluntarily.

(b) The petition for initial detention or involuntary outpatient evaluation, signed under penalty of perjury, or sworn telephonic testimony may be considered by the court in determining whether there are sufficient grounds for issuing the order.

(c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.

(3) The designated mental health professional shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order together with a notice of rights, and a petition for initial detention or involuntary outpatient evaluation. After service on such person the designated mental health professional shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility and the designated attorney. The designated mental health professional shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility. The person shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.

(4) The designated mental health professional may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of rights and a petition for initial detention.

Sec. 4.  RCW 71.05.156 and 2013 c 334 s 2 are each amended to read as follows:

A designated mental health professional who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does not meet the imminent standard for emergency detention, and to determine whether the person is in need of assisted outpatient mental health treatment.

Sec. 5.  RCW 71.05.212 and 2010 c 280 s 2 are each amended to read as follows:

(1) Whenever a designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information from credible witnesses and records regarding:

(a) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW;

(b) Historical behavior, including history of one or more violent acts;

(c) Prior determinations of incompetency or insanity under chapter 10.77 RCW; and

(d) Prior commitments under this chapter.

(2) Credible witnesses may include family members, landlords, neighbors, or others with significant contact and history of involvement with the person. If the designated mental health professional relies upon information from a credible witness in reaching his or her decision to detain the individual, then he or she must provide contact information for any such witness to the prosecutor. The designated mental health professional or prosecutor shall provide notice of the date, time, and location of the probable cause hearing to such a witness.

(3) Symptoms and behavior of the respondent which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient mental health treatment, when:

(a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts;

(b) These symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and

(c) Without treatment, the continued deterioration of the respondent is probable.

(4) When conducting an evaluation for offenders identified under RCW 72.09.370, the designated mental health professional or professional person shall consider an offender's history of judicially required or administratively ordered antipsychotic medication while in confinement.

Sec. 6.  RCW 71.05.230 and 2011 c 343 s 9 are each amended to read as follows:

A person detained or committed for seventy-two hour evaluation and treatment or for an outpatient evaluation for the purpose of filing a petition for a less restrictive alternative treatment order may be ((detained)) committed for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative to involuntary intensive treatment. A petition may only be filed if the following conditions are met:

(1) The professional staff of the agency or facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by mental disorder and ((either)) results in a likelihood of serious harm, ((or)) results in the ((detained)) person being gravely disabled, or results in the person being in need of assisted outpatient mental health treatment, and are prepared to testify those conditions are met; and

(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and

(3) The agency or facility providing intensive treatment or which proposes to supervise the less restrictive alternative is certified to provide such treatment by the department; and

(4) The professional staff of the agency or facility or the designated mental health professional has filed a petition with the court for a fourteen day involuntary detention or a ninety day less restrictive alternative ((with the court)). The petition must be signed either by:

(a) Two physicians;

(b) One physician and a mental health professional;

(c) Two psychiatric advanced registered nurse practitioners;

(d) One psychiatric advanced registered nurse practitioner and a mental health professional; or

(e) A physician and a psychiatric advanced registered nurse practitioner. The persons signing the petition must have examined the person. If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of such person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate. If an involuntary less restrictive alternative is sought, the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, ((or)) is gravely disabled, or is in need of assisted outpatient mental health treatment, and shall set forth a plan for the less restrictive alternative treatment proposed by the facility in accordance with section 16 of this act; and

(5) A copy of the petition has been served on the detained or committed person, his or her attorney and his or her guardian or conservator, if any, prior to the probable cause hearing; and

(6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and

(7) The petition reflects that the person was informed of the loss of firearm rights if involuntarily committed; and

(8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the designated mental health professional may petition for an additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and

(9) If the hospital or facility designated to provide ((outpatient)) less restrictive alternative treatment is other than the facility providing involuntary treatment, the outpatient facility so designated to provide less restrictive alternative treatment has agreed to assume such responsibility.

Sec. 7.  RCW 71.05.240 and 2009 c 293 s 4 are each amended to read as follows:

(1) If a petition is filed for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment, the court shall hold a probable cause hearing within seventy-two hours of the initial detention or involuntary outpatient evaluation of such person as determined in RCW 71.05.180. If requested by the ((detained)) person or his or her attorney, the hearing may be postponed for a period not to exceed forty-eight hours. The hearing may also be continued subject to the conditions set forth in RCW 71.05.210 or subject to the petitioner's showing of good cause for a period not to exceed twenty-four hours.

(2) The court at the time of the probable cause hearing and before an order of commitment is entered shall inform the person both orally and in writing that the failure to make a good faith effort to seek voluntary treatment as provided in RCW 71.05.230 will result in the loss of his or her firearm rights if the person is subsequently detained for involuntary treatment under this section.

(3) At the conclusion of the probable cause hearing((, if the court finds by a preponderance of the evidence that)):

(a) If the court finds by a preponderance of the evidence that such person, as the result of mental disorder, presents a likelihood of serious harm, or is gravely disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests of such person or others, the court shall order that such person be detained for involuntary treatment not to exceed fourteen days in a facility certified to provide treatment by the department. If the court finds that such person, as the result of a mental disorder, presents a likelihood of serious harm, or is gravely disabled, but that treatment in a less restrictive setting than detention is in the best interest of such person or others, the court shall order an appropriate less restrictive alternative course of treatment for not to exceed ninety days;

(b) If the court finds by a preponderance of the evidence that such person, as the result of a mental disorder, is in need of assisted outpatient mental health treatment, and that the person does not present a likelihood of serious harm or grave disability, the court shall order an appropriate less restrictive alternative course of treatment not to exceed ninety days, and may not order inpatient treatment.

(c) An order for less restrictive alternative treatment must identify the services the person will receive, in accordance with section 16 of this act. The court may order additional evaluation of the person if necessary to identify appropriate services.

(4) The court shall specifically state to such person and give such person notice in writing that if involuntary treatment beyond the fourteen day period or beyond the ninety days of less restrictive treatment is to be sought, such person will have the right to a full hearing or jury trial as required by RCW 71.05.310. The court shall also state to the person and provide written notice that the person is barred from the possession of firearms and that the prohibition remains in effect until a court restores his or her right to possess a firearm under RCW 9.41.047.

Sec. 8.  RCW 71.05.245 and 2010 c 280 s 3 are each amended to read as follows:

(1) In making a determination of whether a person is gravely disabled ((or)), presents a likelihood of serious harm, or is in need of assisted outpatient mental health treatment in a hearing conducted under RCW 71.05.240 or 71.05.320, the court must consider the symptoms and behavior of the respondent in light of all available evidence concerning the respondent's historical behavior.

(2) Symptoms or behavior which standing alone would not justify civil commitment may support a finding of grave disability or likelihood of serious harm, or a finding that the person is in need of assisted outpatient mental health treatment, when: (a) Such symptoms or behavior are closely associated with symptoms or behavior which preceded and led to a past incident of involuntary hospitalization, severe deterioration, or one or more violent acts; (b) these symptoms or behavior represent a marked and concerning change in the baseline behavior of the respondent; and (c) without treatment, the continued deterioration of the respondent is probable.

(3) In making a determination of whether there is a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great weight to any evidence before the court regarding whether the person has: (a) A recent history of one or more violent acts; or (b) a recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.

For the purposes of this subsection "recent" refers to the period of time not exceeding three years prior to the current hearing.

Sec. 9.  RCW 71.05.280 and 2013 c 289 s 4 are each amended to read as follows:

At the expiration of the fourteen-day period of intensive treatment, a person may be ((confined)) committed for further treatment pursuant to RCW 71.05.320 if:

(1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physical harm upon the person of another or himself or herself, or substantial damage upon the property of another, and (b) as a result of mental disorder presents a likelihood of serious harm; or

(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of mental disorder, a likelihood of serious harm; or

(3) Such person has been determined to be incompetent and criminal charges have been dismissed pursuant to RCW 10.77.086(4), and has committed acts constituting a felony, and as a result of a mental disorder, presents a substantial likelihood of repeating similar acts.

(a) In any proceeding pursuant to this subsection it shall not be necessary to show intent, willfulness, or state of mind as an element of the crime;

(b) For any person subject to commitment under this subsection where the charge underlying the finding of incompetence is for a felony classified as violent under RCW 9.94A.030, the court shall determine whether the acts the person committed constitute a violent offense under RCW 9.94A.030; or

(4) Such person is gravely disabled; or

(5) Such person is in need of assisted outpatient mental health treatment.

Sec. 10.  RCW 71.05.290 and 2009 c 217 s 3 are each amended to read as follows:

(1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the designated mental health professional may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.

(2) The petition shall summarize the facts which support the need for further ((confinement)) commitment and shall be supported by affidavits signed by:

(a) Two examining physicians;

(b) One examining physician and examining mental health professional;

(c) Two psychiatric advanced registered nurse practitioners;

(d) One psychiatric advanced registered nurse practitioner and a mental health professional; or

(e) An examining physician and an examining psychiatric advanced registered nurse practitioner. The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter. If less restrictive alternative treatment is sought, the petition shall set forth a proposed plan for less restrictive alternative treatment in accordance with section 16 of this act.

(3) If a person has been determined to be incompetent pursuant to RCW 10.77.086(4), then the professional person in charge of the treatment facility or his or her professional designee or the designated mental health professional may directly file a petition for one hundred eighty day treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed.

Sec. 11.  RCW 71.05.320 and 2013 c 289 s 5 are each amended to read as follows:

(1) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven and that the best interests of the person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department for a further period of intensive treatment not to exceed ninety days from the date of judgment. If the grounds set forth in RCW 71.05.280(3) are the basis of commitment, then the period of treatment may be up to but not exceed one hundred eighty days from the date of judgment in a facility certified for one hundred eighty day treatment by the department.

(2) If the court or jury finds that grounds set forth in RCW 71.05.280 have been proven, but finds that treatment less restrictive than detention will be in the best interest of the person or others, then the court shall remand him or her to the custody of the department or to a facility certified for ninety day treatment by the department or to a less restrictive alternative for a further period of less restrictive treatment not to exceed ninety days from the date of judgment. If the grounds set forth in RCW 71.05.280(3) are the basis of commitment, then the period of treatment may be up to but not exceed one hundred eighty days from the date of judgment. If the court or jury finds that the grounds set forth in RCW 71.05.280(5) have been proven, and provide the only basis for commitment, the court must enter an order for less restrictive alternative treatment for up to ninety days from the date of judgment and may not order inpatient treatment.

(3) An order for less restrictive alternative treatment entered under subsection (2) of this section must identify the services the person will receive, in accordance with section 16 of this act. The court may order additional evaluation of the person if necessary to identify appropriate services.

(4) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed under subsection (1) or (2) of this section unless the superintendent or professional person in charge of the facility in which he or she is confined, or in the event of a less restrictive alternative, the designated mental health professional, files a new petition for involuntary treatment on the grounds that the committed person:

(a) During the current period of court ordered treatment: (i) Has threatened, attempted, or inflicted physical harm upon the person of another, or substantial damage upon the property of another, and (ii) as a result of mental disorder or developmental disability presents a likelihood of serious harm; or

(b) Was taken into custody as a result of conduct in which he or she attempted or inflicted serious physical harm upon the person of another, and continues to present, as a result of mental disorder or developmental disability a likelihood of serious harm; or

(c)(i) Is in custody pursuant to RCW 71.05.280(3) and as a result of mental disorder or developmental disability continues to present a substantial likelihood of repeating acts similar to the charged criminal behavior, when considering the person's life history, progress in treatment, and the public safety.

(ii) In cases under this subsection where the court has made an affirmative special finding under RCW 71.05.280(3)(b), the commitment shall continue for up to an additional one hundred eighty day period whenever the petition presents prima facie evidence that the person continues to suffer from a mental disorder or developmental disability that results in a substantial likelihood of committing acts similar to the charged criminal behavior, unless the person presents proof through an admissible expert opinion that the person's condition has so changed such that the mental disorder or developmental disability no longer presents a substantial likelihood of the person committing acts similar to the charged criminal behavior. The initial or additional commitment period may include transfer to a specialized program of intensive support and treatment, which may be initiated prior to or after discharge from the state hospital; or

(d) Continues to be gravely disabled; or

(e) Is in need of assisted outpatient mental health treatment.

If the conduct required to be proven in (b) and (c) of this subsection was found by a judge or jury in a prior trial under this chapter, it shall not be necessary to prove such conduct again.

(((4) For a person committed under subsection (2) of this section who has been remanded to a period of less restrictive treatment, in addition to the grounds specified in subsection (3) of this section, the designated mental health professional may file a new petition for continued less restrictive treatment if:

(a) The person was previously committed by a court to detention for involuntary mental health treatment during the thirty-six months that preceded the person's initial detention date during the current involuntary commitment cycle, excluding any time spent in a mental health facility or in confinement as a result of a criminal conviction;

(b) In view of the person's treatment history or current behavior, the person is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive treatment; and

(c) Outpatient treatment that would be provided under a less restrictive treatment order is necessary to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.)) If less restrictive alternative treatment is sought, the petition shall set forth a proposed plan for less restrictive alternative services in accordance with section 16 of this act.

(5) A new petition for involuntary treatment filed under subsection (((3) or)) (4) of this section shall be filed and heard in the superior court of the county of the facility which is filing the new petition for involuntary treatment unless good cause is shown for a change of venue. The cost of the proceedings shall be borne by the state.

(6)(a) The hearing shall be held as provided in RCW 71.05.310, and if the court or jury finds that the grounds for additional confinement as set forth in this section are present, the court may order the committed person returned for an additional period of treatment not to exceed one hundred eighty days from the date of judgment, except as provided in subsection (7) of this section. If the court's order is based solely on the grounds identified in subsection (4)(e) of this section, the court may enter an order for less restrictive alternative treatment not to exceed one hundred eighty days from the date of judgment, and may not enter an order for inpatient treatment. An order for less restrictive alternative treatment must identify the services the person will receive, in accordance with section 16 of this act. The court may order additional evaluation of the person if necessary to identify appropriate services.

(b) At the end of the one hundred eighty day period of commitment, or one-year period of commitment if subsection (7) of this section applies, the committed person shall be released unless a petition for ((another)) an additional one hundred eighty day period of continued treatment is filed and heard in the same manner as provided in this section. Successive one hundred eighty day commitments are permissible on the same grounds and pursuant to the same procedures as the original one hundred eighty day commitment. ((However, a commitment is not permissible under subsection (4) of this section if thirty-six months have passed since the last date of discharge from detention for inpatient treatment that preceded the current less restrictive alternative order, nor shall a commitment under subsection (4) of this section be permissible if the likelihood of serious harm in subsection (4)(c) of this section is based solely on harm to the property of others.))

(7) An order for less restrictive treatment entered under subsection (6) of this section may be for up to one year when the person's previous commitment term was for intensive inpatient treatment in a state hospital.

(8) No person committed as provided in this section may be detained unless a valid order of commitment is in effect. No order of commitment can exceed one hundred eighty days in length except as provided in subsection (7) of this section.

Sec. 12.  RCW 71.05.340 and 2009 c 322 s 1 are each amended to read as follows:

(1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be required as a term of conditional release for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If the ((hospital or)) facility or agency designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such responsibility. A copy of the terms of conditional release shall be given to the patient, the designated mental health professional in the county in which the patient is to receive outpatient treatment, and to the court of original commitment.

(b) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(((3))) (4)(c) is conditionally released under (a) of this subsection, the superintendent or professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person. Notice and a copy of the terms of conditional release shall be provided at least thirty days before the person is released from inpatient care. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person may be conditionally released and the terms of the conditional release. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the committed person, and the court of original commitment. If the county in which the committed person is to receive outpatient treatment is the same county in which the criminal charges against the committed person were dismissed, then the court shall, upon the motion of the prosecuting attorney, transfer the proceeding to the court in that county. The court shall conduct a hearing on the petition within ten days of the filing of the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be conditionally released without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the court disapproves of the conditional release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on the same or modified conditions or the person shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.

(2) The ((hospital or)) facility or agency designated to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in the best interest of the person. Notification of such changes shall be sent to all persons receiving a copy of the original conditions. Enforcement or revocation proceedings related to a conditional release order may occur as provided under section 13 of this act.

(((3)(a) If the hospital or facility designated to provide outpatient care, the designated mental health professional, or the secretary determines that:

(i) A conditionally released person is failing to adhere to the terms and conditions of his or her release;

(ii) Substantial deterioration in a conditionally released person's functioning has occurred;

(iii) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or

(iv) The person poses a likelihood of serious harm.

Upon notification by the hospital or facility designated to provide outpatient care, or on his or her own motion, the designated mental health professional or the secretary may order that the conditionally released person be apprehended and taken into custody and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.

(b) The hospital or facility designated to provide outpatient treatment shall notify the secretary or designated mental health professional when a conditionally released person fails to adhere to terms and conditions of his or her conditional release or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm. The designated mental health professional or secretary shall order the person apprehended and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.

(c) A person detained under this subsection (3) shall be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been conditionally released. The designated mental health professional or the secretary may modify or rescind such order at any time prior to commencement of the court hearing.

(d) The court that originally ordered commitment shall be notified within two judicial days of a person's detention under the provisions of this section, and the designated mental health professional or the secretary shall file his or her petition and order of apprehension and detention with the court that originally ordered commitment or with the court in the county in which the person is detained and serve them upon the person detained. His or her attorney, if any, and his or her guardian or conservator, if any, shall receive a copy of such papers as soon as possible. Such person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as specifically set forth in this section and except that there shall be no right to jury trial. The venue for proceedings regarding a petition for modification or revocation of an order for conditional release shall be in the county in which the petition was filed. The issues to be determined shall be: (i) Whether the conditionally released person did or did not adhere to the terms and conditions of his or her conditional release; (ii) that substantial deterioration in the person's functioning has occurred; (iii) there is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or (iv) there is a likelihood of serious harm; and, if any of the conditions listed in this subsection (3)(d) have occurred, whether the terms of conditional release should be modified or the person should be returned to the facility.

(e) Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed for involuntary treatment, or otherwise in accordance with the provisions of this chapter. Such hearing may be waived by the person and his or her counsel and his or her guardian or conservator, if any, but shall not be waivable unless all such persons agree to waive, and upon such waiver the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.

(4) The proceedings set forth in subsection (3) of this section may be initiated by the designated mental health professional or the secretary on the same basis set forth therein without requiring or ordering the apprehension and detention of the conditionally released person, in which case the court hearing shall take place in not less than five days from the date of service of the petition upon the conditionally released person. The petition may be filed in the court that originally ordered commitment or with the court in the county in which the person is present. The venue for the proceedings regarding the petition for modification or revocation of an order for conditional release shall be in the county in which the petition was filed.

Upon expiration of the period of commitment, or when the person is released from outpatient care, notice in writing to the court which committed the person for treatment shall be provided.

(5) The grounds and procedures for revocation of less restrictive alternative treatment shall be the same as those set forth in this section for conditional releases.

(6) In the event of a revocation of a conditional release, the subsequent treatment period may be for no longer than the actual period authorized in the original court order.))

NEW SECTION.  Sec. 13.  A new section is added to chapter 71.05 RCW to read as follows:

(1) An agency or facility designated to monitor or provide services under a less restrictive alternative or conditional release order or a designated mental health professional may take action to enforce, modify, or revoke a less restrictive alternative or conditional release order if the agency, facility, or designated mental health professional determines that:

(a) The person is failing to adhere to the terms and conditions of the court order;

(b) Substantial deterioration in the person's functioning has occurred;

(c) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further evaluation, intervention, or treatment; or

(d) The person poses a likelihood of serious harm.

(2) Actions taken under this section must include a flexible range of responses of varying levels of intensity appropriate to the circumstances and consistent with the interests of the individual and the public in personal autonomy, safety, recovery, and compliance. Available actions may include, but are not limited to, any of the following:

(a) To counsel, advise, or admonish the person as to their rights and responsibilities under the court order, and to offer appropriate incentives to motivate compliance;

(b) To increase the intensity of outpatient services provided to the person by increasing the frequency of contacts with the provider, referring the person for an assessment for monitored medication administration, assertive community services, or injectable medication, or by other means;

(c) To request a court hearing for review and modification of the court order. The request must be made to the court with jurisdiction over the order and specify the circumstances that give rise to the request and what modification is being sought. The county prosecutor shall assist the agency or facility in requesting this hearing and issuing an appropriate summons to the person. This subsection does not limit the inherent authority of a treatment provider to alter conditions of treatment for clinical reasons, and is intended to be used only when court intervention is necessary or advisable to secure the person's compliance and prevent decompensation or deterioration;

(d) To cause the person to be transported by a peace officer, designated mental health professional, or other means to the agency or facility monitoring or providing services under the court order, or to a triage facility, crisis stabilization unit, emergency department, or evaluation and treatment facility for up to twelve hours for the purpose of an evaluation to determine whether modification, revocation, or commitment proceedings are necessary and appropriate to stabilize the person and prevent decompensation, deterioration, or physical harm. Temporary detention for evaluation under this subsection is intended to occur only following a pattern of noncompliance or the failure of reasonable attempts at outreach and engagement. This subsection does not limit the ability or obligation to pursue revocation procedures under subsection (4) of this section in appropriate circumstances; and

(e) To initiate revocation procedures under subsection (4) of this section.

(3) The facility or agency designated to provide outpatient treatment shall notify the secretary or designated mental health professional when a person fails to adhere to terms and conditions of court ordered treatment or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm.

(4)(a) A designated mental health professional or the secretary may upon their own motion or notification by the facility or agency designated to provide outpatient care order a person subject to a court order under this section to be apprehended and taken into custody and temporary detention in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment, or initiate proceedings under this subsection (4) without ordering the apprehension and detention of the person.

(b) A person detained under this subsection (4) must be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been released. If the person is not detained, the hearing must be scheduled within five days of service on the person. The designated mental health professional or the secretary may modify or rescind the order at any time prior to commencement of the court hearing.

(c) The designated mental health professional or secretary shall notify the court that originally ordered commitment within two judicial days of a person's detention and file a revocation petition and order of apprehension and detention with the court and serve the person and their attorney, guardian, and conservator, if any. The person has the same rights with respect to notice, hearing, and counsel as in any involuntary treatment proceeding, except as specifically set forth in this section. There is no right to jury trial. The venue for proceedings regarding a petition for modification or revocation must be in the county in which the petition was filed.

(d) The issues for the court to determine are whether: (i) The person adhered to the terms and conditions of the court order; (ii) substantial deterioration in the person's functioning has occurred; (iii) there is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or (iv) there is a likelihood of serious harm; and, if any of the above conditions apply, whether the court should reinstate or modify the person's less restrictive alternative or conditional release order or order the person's detention for inpatient treatment. The person may waive the court hearing and allow the court to enter a stipulated order upon the agreement of all parties. If the court orders detention for inpatient treatment, the treatment period may be for no longer than the period authorized in the original court order.

(e) Revocation proceedings under this subsection (4) are not allowable if the current commitment is solely based on the person being in need of assisted outpatient mental health treatment. In order to obtain a court order for detention for inpatient treatment under this circumstance, a petition must be filed under RCW 71.05.150 or 71.05.153.

(5) In determining whether or not to take action under this section the designated mental health professional, agency, or facility must consider the factors specified under RCW 71.05.212 and the court must consider the factors specified under RCW 71.05.245 as they apply to the question of whether to enforce, modify, or revoke a court order for involuntary treatment.

Sec. 14.  RCW 71.05.730 and 2011 c 343 s 2 are each amended to read as follows:

(1) A county may apply to its regional support network on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. The regional support network shall in turn be entitled to reimbursement from the regional support network that serves the county of residence of the individual who is the subject of the civil commitment case. Reimbursements under this section shall be paid out of the regional support network's nonmedicaid appropriation.

(2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the reimbursement rate shall be equal to eighty percent of the median reimbursement rate of counties included in the independent assessment.

(3) For the purposes of this section:

(a) "Civil commitment case" includes all judicial hearings related to a single episode of hospitalization((,)) or less restrictive alternative ((detention in lieu of hospitalization)) treatment, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive one hundred eighty-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. "Civil commitment case" does not include the filing of a petition for a one hundred eighty-day commitment under this chapter on behalf of a patient at a state psychiatric hospital.

(b) "Judicial services" means a county's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.

(4) To the extent that resources have shared purpose, the regional support network may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section.

(5) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.

Sec. 15.  RCW 71.05.730 and 2014 c 225 s 87 are each amended to read as follows:

(1) A county may apply to its behavioral health organization on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. The behavioral health organization shall in turn be entitled to reimbursement from the behavioral health organization that serves the county of residence of the individual who is the subject of the civil commitment case. Reimbursements under this section shall be paid out of the behavioral health organization's nonmedicaid appropriation.

(2) Reimbursement for judicial services shall be provided per civil commitment case at a rate to be determined based on an independent assessment of the county's actual direct costs. This assessment must be based on an average of the expenditures for judicial services within the county over the past three years. In the event that a baseline cannot be established because there is no significant history of similar cases within the county, the reimbursement rate shall be equal to eighty percent of the median reimbursement rate of counties included in the independent assessment.

(3) For the purposes of this section:

(a) "Civil commitment case" includes all judicial hearings related to a single episode of hospitalization((,)) or less restrictive alternative ((detention in lieu of hospitalization)) treatment, except that the filing of a petition for a one hundred eighty-day commitment under this chapter or a petition for a successive one hundred eighty-day commitment under chapter 71.34 RCW shall be considered to be a new case regardless of whether there has been a break in detention. "Civil commitment case" does not include the filing of a petition for a one hundred eighty-day commitment under this chapter on behalf of a patient at a state psychiatric hospital.

(b) "Judicial services" means a county's reasonable direct costs in providing prosecutor services, assigned counsel and defense services, court services, and court clerk services for civil commitment cases under this chapter and chapter 71.34 RCW.

(4) To the extent that resources have shared purpose, the behavioral health organization may only reimburse counties to the extent such resources are necessary for and devoted to judicial services as described in this section.

(5) No filing fee may be charged or collected for any civil commitment case subject to reimbursement under this section.

NEW SECTION.  Sec. 16.  A new section is added to chapter 71.05 RCW to read as follows:

(1) Less restrictive alternative treatment, at a minimum, includes the following services:

(a) Assignment of a care coordinator;

(b) An intake evaluation with the provider of the less restrictive alternative treatment;

(c) A psychiatric evaluation;

(d) Medication management;

(e) A schedule of regular contacts with the provider of the less restrictive alternative treatment services for the duration of the order;

(f) A transition plan addressing access to continued services at the expiration of the order; and

(g) An individual crisis plan.

(2) Less restrictive alternative treatment may additionally include requirements to participate in the following services:

(a) Psychotherapy;

(b) Nursing;

(c) Substance abuse counseling;

(d) Residential treatment; and

(e) Support for housing, benefits, education, and employment.

(3) Less restrictive alternative treatment must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility.

(4) For the purpose of this section, "care coordinator" means a clinical practitioner who coordinates the activities of less restrictive alternative treatment. The care coordinator coordinates activities with the designated mental health professionals necessary for enforcement and continuation of less restrictive alternative orders. The care coordinator is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis, including providing individual supportive therapy and providing primary support and education to the individual's family and support system. The care coordinator retains these responsibilities when the individual is in the hospital, in the community, or involved with other agencies, and must collaborate with the individual to write treatment, transition, and care plans that offer options and choices to the individual. The care coordinator ensures that immediate changes are made to these plans in response to changes to the individual's needs.

NEW SECTION.  Sec. 17.  A new section is added to chapter 71.05 RCW to read as follows:

A court order for less restrictive alternative treatment for a person found to be in need of assisted outpatient mental health treatment must be terminated prior to the expiration of the order when, in the opinion of the professional person in charge of the less restrictive alternative treatment provider, (1) the person is prepared to accept voluntary treatment, or (2) the outpatient treatment ordered is no longer necessary to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.

Sec. 18.  RCW 71.24.330 and 2013 c 320 s 9 are each amended to read as follows:

(1)(a) Contracts between a regional support network and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.

(b) The department shall incorporate the criteria to measure the performance of service coordination organizations into contracts with regional support networks as provided in chapter 70.320 RCW.

(2) The regional support network procurement processes shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. However, a regional support network selected through the procurement process is not required to contract for services with any county‑owned or operated facility. The regional support network procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.

(3) In addition to the requirements of RCW 71.24.035, contracts shall:

(a) Define administrative costs and ensure that the regional support network does not exceed an administrative cost of ten percent of available funds;

(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;

(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;

(d) Maintain the decision-making independence of designated mental health professionals;

(e) Except at the discretion of the secretary or as specified in the biennial budget, require regional support networks to pay the state for the costs associated with individuals who are being served on the grounds of the state hospitals and who are not receiving long-term inpatient care as defined in RCW 71.24.025;

(f) Include a negotiated alternative dispute resolution clause; ((and))

(g) Include a provision requiring either party to provide one hundred eighty days' notice of any issue that may cause either party to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to act as a regional support network. If either party decides to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to serve as a regional support network they shall provide ninety days' advance notice in writing to the other party;

(h) Require regional support networks to provide services as identified in section 16 of this act to individuals committed for involuntary commitment under less restrictive alternative court orders when:

(i) The individual is enrolled in the medicaid program and meets regional support network access to care standards; or

(ii) The individual is not enrolled in medicaid, does not have other insurance which can pay for the services, and the regional support network has adequate available resources to provide the services; and

(i) Establish caseload guidelines for care coordinators who supervise less restrictive alternative orders and guidelines for response times during and immediately following periods of hospitalization or incarceration.

Sec. 19.  RCW 71.24.330 and 2014 c 225 s 51 are each amended to read as follows:

(1)(a) Contracts between a behavioral health organization and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.

(b) The department shall incorporate the criteria to measure the performance of service coordination organizations into contracts with behavioral health organizations as provided in chapter 70.320 RCW.

(2) The behavioral health organization procurement processes shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. However, a behavioral health organization selected through the procurement process is not required to contract for services with any county‑owned or operated facility. The behavioral health organization procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.

(3) In addition to the requirements of RCW 71.24.035, contracts shall:

(a) Define administrative costs and ensure that the behavioral health organization does not exceed an administrative cost of ten percent of available funds;

(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;

(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;

(d) Maintain the decision-making independence of designated mental health professionals;

(e) Except at the discretion of the secretary or as specified in the biennial budget, require behavioral health organizations to pay the state for the costs associated with individuals who are being served on the grounds of the state hospitals and who are not receiving long-term inpatient care as defined in RCW 71.24.025;

(f) Include a negotiated alternative dispute resolution clause; ((and))

(g) Include a provision requiring either party to provide one hundred eighty days' notice of any issue that may cause either party to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to act as a behavioral health organization. If either party decides to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to serve as a behavioral health organization they shall provide ninety days' advance notice in writing to the other party;

(h) Require behavioral health organizations to provide services as identified in section 16 of this act to individuals committed for involuntary commitment under less restrictive alternative court orders when:

(i) The individual is enrolled in the medicaid program and meets behavioral health organization access to care standards; or

(ii) The individual is not enrolled in medicaid, does not have other insurance which can pay for the services, and the behavioral health organization has adequate available resources to provide the services; and

(i) Establish caseload guidelines for care coordinators who supervise less restrictive alternative orders and guidelines for response times during and immediately following periods of hospitalization or incarceration.

Sec. 20.  RCW 71.05.210 and 2009 c 217 s 1 are each amended to read as follows:

Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility (1) shall, within twenty-four hours of his or her admission or acceptance at the facility, be examined and evaluated by (a) a licensed physician who may be assisted by a physician assistant according to chapter 18.71A RCW and a mental health professional, (b) an advanced registered nurse practitioner according to chapter 18.79 RCW and a mental health professional, or (c) a licensed physician and a psychiatric advanced registered nurse practitioner and (2) shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, ((71.05.340)) section 13 of this act, or 71.05.217, the individual may refuse psychiatric medications, but may not refuse: (a) Any other medication previously prescribed by a person licensed under Title 18 RCW; or (b) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right of such refusal. The person shall be detained up to seventy-two hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for seventy-two hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.

If, after examination and evaluation, the mental health professional and licensed physician or psychiatric advanced registered nurse practitioner determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.

An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.

Sec. 21.  2009 c 323 s 1 (uncodified) is amended to read as follows:

(1) The legislature finds that many persons who are released from involuntary mental health treatment in an inpatient setting would benefit from an order for less restrictive treatment in order to provide the structure and support necessary to facilitate long-term stability and success in the community.

(2) The legislature intends to make it easier to renew orders for less restrictive treatment following a period of inpatient commitment in cases in which a person has been involuntarily committed more than once and is likely to benefit from a renewed order for less restrictive treatment.

(3) The legislature finds that public safety is enhanced when a designated mental health professional is able to file a petition to revoke an order for less restrictive treatment under ((RCW 71.05.340)) section 13 of this act before a person who is the subject of the petition becomes ill enough to present a likelihood of serious harm.

NEW SECTION.  Sec. 22.  Sections 1, 14, and 18 of this act expire April 1, 2016.

NEW SECTION.  Sec. 23.  Sections 2, 15, and 19 of this act take effect April 1, 2016.

NEW SECTION.  Sec. 24.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2015, in the omnibus appropriations act, this act is null and void."

 

MOTION

 

Senator O'Ban moved that the following amendment by Senator O'Ban to the committee striking amendment be adopted:

0.On page 31, beginning on line 6 of the amendment, after "assessment for" strike "monitored medication administration,"

On page 31, line 7 of the amendment, after "services," strike "or injectable medication,"

On page 31, line 30 of the amendment, after "engagement" insert ", and may occur only when in the clinical judgment of a designated mental health professional or the professional person in charge of an agency or facility designated to monitor less restrictive alternative services temporary detention is appropriate"

On page 36, line 15 of the amendment, after "orders" strike ". The care coordinator" and insert "and"

On page 36, beginning on line 17 of the amendment, after "basis" strike all material through "needs" on line 26

Senators O'Ban and Darneille spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator O'Ban on page 31, line 6 to the committee striking amendment to Engrossed Second Substitute House Bill No. 1450.

The motion by Senator O'Ban carried and the amendment to the committee striking amendment was adopted by voice vote.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services, Mental Health & Housing as amended to Engrossed Second Substitute House Bill No. 1450.

The motion by Senator O'Ban carried and the committee striking amendment as amended was adopted by voice vote.

 

MOTION

 

There being no objection, the following title amendment was adopted:

On page 1, line 2 of the title, after "treatment;" strike the remainder of the title and insert "amending RCW 71.05.150, 71.05.156, 71.05.212, 71.05.230, 71.05.240, 71.05.245, 71.05.280, 71.05.290, 71.05.320, 71.05.340, 71.05.730, 71.05.730, 71.24.330, 71.24.330, and 71.05.210; amending 2009 c 323 s 1 (uncodified); reenacting and amending RCW 71.05.020 and 71.05.020; adding new sections to chapter 71.05 RCW; creating a new section; providing an effective date; and providing an expiration date."

 

MOTION

 

On motion of Senator O'Ban, the rules were suspended, Engrossed Second Substitute House Bill No. 1450 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators O'Ban and Darneille spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1450 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1450 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Kohl-Welles, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon and Warnick

Voting nay: Senator Hasegawa

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1450 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Kohl-Welles:  “Thank you Mr. President and ladies and gentlemen of the Senate. You may have noticed some of the exhibits that look like they have to do with science that are out among the rotunda and around in the halls. These have been provided today by the Pacific Science Center which is in its fifty-third year. Following the 1962 World’s Fair, for the last thirty years, the Pacific Science Center has brought exhibits to the Legislature for our education and amusement. There are over fifteen exhibits out there today. They’re very, very interesting and are examples of work that is done by the ‘Science on Wheels’ program which started fifteen years ago and travels around the state as well as the Laser Program, helping teachers teach science and the daily work and fun at the Science Center. If we have another break, if you can, I urge you to go out and take a look at it, look at them, they are really enjoyable and very educational. Thank you.”

 

Senator Fain announced a meeting of the Majority Coalition Caucus immediately upon going at ease.

 

Senator Fraser announced a meeting of the Senate Democratic Caucus immediately upon going at ease.

 

MOTION

 

At 2:23 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 3:58 p.m. by President Owen.

 

MOTION

 

On motion of Senator Fain, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 10, 2015

 

MR. PRESIDENT:

The House passed SECOND SUBSTITUTE SENATE BILL NO. 5052 with the following amendment(s): 5052-S2 AMH ENGR H2596.E

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

"NEW SECTION.  Sec. 1.  This act may be known and cited as the cannabis patient protection act.

NEW SECTION.  Sec. 2.  The legislature finds that since voters approved Initiative Measure No. 692 in 1998, it has been the public policy of the state to permit the medical use of marijuana. Between 1998 and the present day, there have been multiple legislative attempts to clarify what is meant by the medical use of marijuana and to ensure qualifying patients have a safe, consistent, and adequate source of marijuana for their medical needs.

The legislature further finds that qualifying patients are people with serious medical conditions and have been responsible for finding their own source of marijuana for their own personal medical use. Either by growing it themselves, designating someone to grow for them, or participating in collective gardens, patients have developed methods of access in spite of continued federal opposition to the medical use of marijuana. In a time when access itself was an issue and no safe, consistent source of marijuana was available, this unregulated system was permitted by the state to ensure some, albeit limited, access to marijuana for medical use. Also permitted were personal possession limits of fifteen plants and twenty-four ounces of useable marijuana, which was deemed to be the amount of marijuana needed for a sixty-day supply. In a time when supply was not consistent, this amount of marijuana was necessary to ensure patients would be able to address their immediate medical needs.

The legislature further finds that while possession amounts are provided in statute, these do not amount to protection from arrest and prosecution for patients. In fact, patients in compliance with state law are not provided arrest protection. They may be arrested and their only remedy is to assert an affirmative defense at trial that they are in compliance with the law and have a medical need. Too many patients using marijuana for medical purposes today do not know this; many falsely believe they cannot be arrested so long as their health care provider has authorized them for the medical use of marijuana.

The legislature further finds that in 2012 voters passed Initiative Measure No. 502 which permitted the recreational use of marijuana. For the first time in our nation's history, marijuana would be regulated, taxed, and sold for recreational consumption. Initiative Measure No. 502 provides for strict regulation on the production, processing, and distribution of marijuana. Under Initiative Measure No. 502, marijuana is trackable from seed to sale and may only be sold or grown under license. Marijuana must be tested for impurities and purchasers of marijuana must be informed of the THC level in the marijuana. Since its passage, two hundred fifty producer/processor licenses and sixty-three retail licenses have been issued, covering the majority of the state. With the current product canopy exceeding 2.9 million square feet, and retailers in place, the state now has a system of safe, consistent, and adequate access to marijuana; the marketplace is not the same marketplace envisioned by the voters in 1998. While medical needs remain, the state is in the untenable position of having a recreational product that is tested and subject to production standards that ensure safe access for recreational users. No such standards exist for medical users and, consequently, the very people originally meant to be helped through the medical use of marijuana do not know if their product has been tested for molds, do not know where their marijuana has been grown, have no certainty in the level of THC or CBD in their products, and have no assurances that their products have been handled through quality assurance measures. It is not the public policy of the state to allow qualifying patients to only have access to products that may be endangering their health.

The legislature, therefore, intends to adopt a comprehensive act that uses the regulations in place for the recreational market to provide regulation for the medical use of marijuana. It intends to ensure that patients retain their ability to grow their own marijuana for their own medical use and it intends to ensure that patients have the ability to possess more marijuana-infused products, useable marijuana, and marijuana concentrates than what is available to a nonmedical user. It further intends that medical specific regulations be adopted as needed and under consultation of the departments of health and agriculture so that safe handling practices will be adopted and so that testing standards for medical products meet or exceed those standards in use in the recreational market.

The legislature further intends that the costs associated with implementing and administering the medical marijuana authorization database shall be financed from the health professions account and that these funds shall be restored to the health professions account through future appropriations using funds derived from the dedicated marijuana account.

Sec. 3.  RCW 66.08.012 and 2012 c 117 s 265 are each amended to read as follows:

There shall be a board, known as the "Washington state liquor ((control)) and cannabis board," consisting of three members, to be appointed by the governor, with the consent of the senate, who shall each be paid an annual salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The governor may, in his or her discretion, appoint one of the members as chair of the board, and a majority of the members shall constitute a quorum of the board.

Sec. 4.  RCW 69.50.101 and 2014 c 192 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:

(a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or

(2) the patient or research subject at the direction and in the presence of the practitioner.

(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.

(c) "Commission" means the pharmacy quality assurance commission.

(d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules.

(e)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

(2) The term does not include:

(i) a controlled substance;

(ii) a substance for which there is an approved new drug application;

(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or

(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

(f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

(g) "Department" means the department of health.

(h) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

(i) "Dispenser" means a practitioner who dispenses.

(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

(k) "Distributor" means a person who distributes.

(l) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.

(m) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

(n) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.

(o) "Immediate precursor" means a substance:

(1) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

(2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

(p) "Isomer" means an optical isomer, but in subsection (z)(5) of this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.

(q) "Lot" means a definite quantity of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.

(r) "Lot number" shall identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product.

(s) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

(1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

(2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

(t) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(u) "Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than sixty percent.

(v) "Marijuana processor" means a person licensed by the state liquor ((control)) and cannabis board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers.

(w) "Marijuana producer" means a person licensed by the state liquor ((control)) and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

(x) "Marijuana-infused products" means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than sixty percent. The term "marijuana-infused products" does not include either useable marijuana or marijuana concentrates.

(y) "Marijuana retailer" means a person licensed by the state liquor ((control)) and cannabis board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.

(z) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

(3) Poppy straw and concentrate of poppy straw.

(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

(5) Cocaine, or any salt, isomer, or salt of isomer thereof.

(6) Cocaine base.

(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.

(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).

(aa) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.

(bb) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

(cc) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(dd) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(ee) "Practitioner" means:

(1) A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an osteopathic physician assistant under chapter 18.57A RCW who is licensed under RCW 18.57A.020 subject to any limitations in RCW 18.57A.040; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical quality assurance commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

(ff) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

(gg) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

(hh) "Retail outlet" means a location licensed by the state liquor ((control)) and cannabis board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.

(ii) "Secretary" means the secretary of health or the secretary's designee.

(jj) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

(kk) "THC concentration" means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

(ll) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

(mm) "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include either marijuana-infused products or marijuana concentrates.

(nn) "Designated provider" has the meaning provided in RCW 69.51A.010.

(oo) "Qualifying patient" has the meaning provided in RCW 69.51A.010.

(pp) "CBD concentration" has the meaning provided in RCW 69.51A.010.

(qq) "Plant" has the meaning provided in RCW 69.51A.010.

(rr) "Recognition card" has the meaning provided in RCW 69.51A.010.

Sec. 5.  RCW 69.50.325 and 2014 c 192 s 2 are each amended to read as follows:

(1) There shall be a marijuana producer's license to produce marijuana for sale at wholesale to marijuana processors and other marijuana producers, regulated by the state liquor ((control)) and cannabis board and subject to annual renewal. The production, possession, delivery, distribution, and sale of marijuana in accordance with the provisions of this chapter ((3, Laws of 2013)) and the rules adopted to implement and enforce it, by a validly licensed marijuana producer, shall not be a criminal or civil offense under Washington state law. Every marijuana producer's license shall be issued in the name of the applicant, shall specify the location at which the marijuana producer intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a marijuana producer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana producer's license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana producer intends to produce marijuana.

(2) There shall be a marijuana processor's license to process, package, and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale at wholesale to marijuana processors and marijuana retailers, regulated by the state liquor ((control)) and cannabis board and subject to annual renewal. The processing, packaging, possession, delivery, distribution, and sale of marijuana, useable marijuana, marijuana-infused products, and marijuana concentrates in accordance with the provisions of this chapter ((3, Laws of 2013)) and chapter 69.51A RCW and the rules adopted to implement and enforce ((it)) these chapters, by a validly licensed marijuana processor, shall not be a criminal or civil offense under Washington state law. Every marijuana processor's license shall be issued in the name of the applicant, shall specify the location at which the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a marijuana processor's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana processor's license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana processor intends to process marijuana.

(3) There shall be a marijuana retailer's license to sell marijuana concentrates, useable marijuana, and marijuana-infused products at retail in retail outlets, regulated by the state liquor ((control)) and cannabis board and subject to annual renewal. The possession, delivery, distribution, and sale of marijuana concentrates, useable marijuana, and marijuana-infused products in accordance with the provisions of this chapter ((3, Laws of 2013)) and the rules adopted to implement and enforce it, by a validly licensed marijuana retailer, shall not be a criminal or civil offense under Washington state law. Every marijuana retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a marijuana retailer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana retailer's license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana retailer intends to sell marijuana concentrates, useable marijuana, and marijuana-infused products.

Sec. 6.  RCW 69.50.331 and 2013 c 3 s 6 are each amended to read as follows:

(1) For the purpose of considering any application for a license to produce, process, or sell marijuana, or for the renewal of a license to produce, process, or sell marijuana, the state liquor ((control)) and cannabis board must conduct a comprehensive, fair, and impartial evaluation of the applications timely received.

(a) The state liquor and cannabis board must develop a competitive, merit-based application process that includes, at a minimum, the opportunity for an applicant to demonstrate experience and qualifications in the marijuana industry. The state liquor and cannabis board shall give preference between competing applications in the licensing process to applicants that have the following experience and qualifications, in the following order of priority:

(i) First priority is given to applicants who:

(A) Applied to the state liquor and cannabis board for a marijuana retailer license prior to July 1, 2014;

(B) Operated or were employed by a collective garden before January 1, 2013;

(C) Have maintained a state business license and a municipal business license, as applicable in the relevant jurisdiction; and

(D) Have had a history of paying all applicable state taxes and fees;

(ii) Second priority shall be given to applicants who:

(A) Operated or were employed by a collective garden before January 1, 2013;

(B) Have maintained a state business license and a municipal business license, as applicable in the relevant jurisdiction; and

(C) Have had a history of paying all applicable state taxes and fees; and

(iii) Third priority shall be given to all other applicants who do not have the experience and qualifications identified in (a)(i) and (ii) of this subsection.

(b) The state liquor and cannabis board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension, revocation, or renewal or denial thereof, of any license, the state liquor ((control)) and cannabis board may consider any prior criminal conduct of the applicant including an administrative violation history record with the state liquor ((control)) and cannabis board and a criminal history record information check. The state liquor ((control)) and cannabis board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The state liquor ((control)) and cannabis board shall require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation. The provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to these cases. Subject to the provisions of this section, the state liquor ((control)) and cannabis board may, in its discretion, grant or deny the renewal or license applied for. Denial may be based on, without limitation, the existence of chronic illegal activity documented in objections submitted pursuant to subsections (7)(c) and (9) of this section. Authority to approve an uncontested or unopposed license may be granted by the state liquor ((control)) and cannabis board to any staff member the board designates in writing. Conditions for granting this authority shall be adopted by rule.

(c) No license of any kind may be issued to:

(((a))) (i) A person under the age of twenty-one years;

(((b))) (ii) A person doing business as a sole proprietor who has not lawfully resided in the state for at least three months prior to applying to receive a license;

(((c))) (iii) A partnership, employee cooperative, association, nonprofit corporation, or corporation unless formed under the laws of this state, and unless all of the members thereof are qualified to obtain a license as provided in this section; or

(((d))) (iv) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee.

(2)(a) The state liquor ((control)) and cannabis board may, in its discretion, subject to the provisions of RCW 69.50.334, suspend or cancel any license; and all protections of the licensee from criminal or civil sanctions under state law for producing, processing, or selling marijuana, useable marijuana, or marijuana-infused products thereunder shall be suspended or terminated, as the case may be.

(b) The state liquor ((control)) and cannabis board shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the state liquor ((control)) and cannabis board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

(c) The state liquor ((control)) and cannabis board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under rules and regulations the state liquor ((control)) and cannabis board may adopt.

(d) Witnesses shall be allowed fees and mileage each way to and from any inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

(e) In case of disobedience of any person to comply with the order of the state liquor ((control)) and cannabis board or a subpoena issued by the state liquor ((control)) and cannabis board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

(3) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the state liquor ((control)) and cannabis board. Where the license has been suspended only, the state liquor ((control)) and cannabis board shall return the license to the licensee at the expiration or termination of the period of suspension. The state liquor ((control)) and cannabis board shall notify all other licensees in the county where the subject licensee has its premises of the suspension or cancellation of the license; and no other licensee or employee of another licensee may allow or cause any marijuana, useable marijuana, or marijuana-infused products to be delivered to or for any person at the premises of the subject licensee.

(4) Every license issued under chapter 3, Laws of 2013 shall be subject to all conditions and restrictions imposed by chapter 3, Laws of 2013 or by rules adopted by the state liquor ((control)) and cannabis board to implement and enforce chapter 3, Laws of 2013. All conditions and restrictions imposed by the state liquor ((control)) and cannabis board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

(5) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

(6) No licensee shall employ any person under the age of twenty-one years.

(7)(a) Before the state liquor ((control)) and cannabis board issues a new or renewed license to an applicant it shall give notice of the application to the chief executive officer of the incorporated city or town, if the application is for a license within an incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of incorporated cities or towns.

(b) The incorporated city or town through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the state liquor ((control)) and cannabis board within twenty days after the date of transmittal of the notice for applications, or at least thirty days prior to the expiration date for renewals, written objections against the applicant or against the premises for which the new or renewed license is asked. The state liquor ((control)) and cannabis board may extend the time period for submitting written objections.

(c) The written objections shall include a statement of all facts upon which the objections are based, and in case written objections are filed, the city or town or county legislative authority may request, and the state liquor ((control)) and cannabis board may in its discretion hold, a hearing subject to the applicable provisions of Title 34 RCW. If the state liquor ((control)) and cannabis board makes an initial decision to deny a license or renewal based on the written objections of an incorporated city or town or county legislative authority, the applicant may request a hearing subject to the applicable provisions of Title 34 RCW. If a hearing is held at the request of the applicant, state liquor ((control)) and cannabis board representatives shall present and defend the state liquor ((control)) and cannabis board's initial decision to deny a license or renewal.

(d) Upon the granting of a license under this title the state liquor ((control)) and cannabis board shall send written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.

(8) The state liquor ((control)) and cannabis board shall not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older.

(9) In determining whether to grant or deny a license or renewal of any license, the state liquor ((control)) and cannabis board shall give substantial weight to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. "Chronic illegal activity" means (a) a pervasive pattern of activity that threatens the public health, safety, and welfare of the city, town, or county including, but not limited to, open container violations, assaults, disturbances, disorderly conduct, or other criminal law violations, or as documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar records of a law enforcement agency for the city, town, county, or any other municipal corporation or any state agency; or (b) an unreasonably high number of citations for violations of RCW 46.61.502 associated with the applicant's or licensee's operation of any licensed premises as indicated by the reported statements given to law enforcement upon arrest.

Sec. 7.  RCW 69.50.342 and 2013 c 3 s 9 are each amended to read as follows:

(1) For the purpose of carrying into effect the provisions of chapter 3, Laws of 2013 according to their true intent or of supplying any deficiency therein, the state liquor ((control)) and cannabis board may adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013 as are deemed necessary or advisable. Without limiting the generality of the preceding sentence, the state liquor ((control)) and cannabis board is empowered to adopt rules regarding the following:

(((1))) (a) The equipment and management of retail outlets and premises where marijuana is produced or processed, and inspection of the retail outlets and premises where marijuana is produced or processed;

(((2))) (b) The books and records to be created and maintained by licensees, the reports to be made thereon to the state liquor ((control)) and cannabis board, and inspection of the books and records;

(((3))) (c) Methods of producing, processing, and packaging marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products; conditions of sanitation; safe handling requirements; approved pesticides and pesticide testing requirements; and standards of ingredients, quality, and identity of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products produced, processed, packaged, or sold by licensees;

(((4))) (d) Security requirements for retail outlets and premises where marijuana is produced or processed, and safety protocols for licensees and their employees;

(((5))) (e) Screening, hiring, training, and supervising employees of licensees;

(((6))) (f) Retail outlet locations and hours of operation;

(((7))) (g) Labeling requirements and restrictions on advertisement of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products for sale in retail outlets;

(((8))) (h) Forms to be used for purposes of this chapter ((3, Laws of 2013)) and chapter 69.51A RCW or the rules adopted to implement and enforce ((it)) these chapters, the terms and conditions to be contained in licenses issued under this chapter ((3, Laws of 2013)) and chapter 69.51A RCW, and the qualifications for receiving a license issued under this chapter ((3, Laws of 2013)) and chapter 69.51A RCW, including a criminal history record information check. The state liquor ((control)) and cannabis board may submit any criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The state liquor ((control)) and cannabis board shall require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation;

(((9))) (i) Application, reinstatement, and renewal fees for licenses issued under this chapter ((3, Laws of 2013)) and chapter 69.51A RCW, and fees for anything done or permitted to be done under the rules adopted to implement and enforce this chapter ((3, Laws of 2013)) and chapter 69.51A RCW;

(((10))) (j) The manner of giving and serving notices required by this chapter ((3, Laws of 2013)) and chapter 69.51A RCW or rules adopted to implement or enforce ((it)) these chapters;

(((11))) (k) Times and periods when, and the manner, methods, and means by which, licensees shall transport and deliver marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products within the state;

(((12))) (l) Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products produced, processed, sold, or offered for sale within this state which do not conform in all respects to the standards prescribed by this chapter ((3, Laws of 2013)) or chapter 69.51A RCW or the rules adopted to implement and enforce ((it: PROVIDED, That nothing in chapter 3, Laws of 2013 shall be construed as authorizing the state liquor control board to seize, confiscate, destroy, or donate to law enforcement marijuana, useable marijuana, or marijuana-infused products produced, processed, sold, offered for sale, or possessed in compliance with the Washington state medical use of cannabis act, chapter 69.51A RCW)) these chapters.

(2) Rules adopted on retail outlets holding medical marijuana endorsements must be adopted in coordination and consultation with the department.

Sec. 8.  RCW 69.50.345 and 2013 c 3 s 10 are each amended to read as follows:

The state liquor ((control)) and cannabis board, subject to the provisions of this chapter ((3, Laws of 2013)), must adopt rules ((by December 1, 2013,)) that establish the procedures and criteria necessary to implement the following:

(1) Licensing of marijuana producers, marijuana processors, and marijuana retailers, including prescribing forms and establishing application, reinstatement, and renewal fees.

(a) Application forms for marijuana producers must request the applicant to state whether the applicant intends to produce marijuana for sale by marijuana retailers holding medical marijuana endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under section 10 of this act to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products sold to qualifying patients.

(b) The state liquor and cannabis board must reconsider and increase limits on the amount of square feet permitted to be in production on the effective date of this section and increase the percentage of production space for those marijuana producers who intend to grow plants for marijuana retailers holding medical marijuana endorsements if the marijuana producer designates the increased production space to plants determined by the department under section 10 of this act to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products to be sold to qualifying patients. If current marijuana producers do not use all the increased production space, the state liquor and cannabis board may reopen the license period for new marijuana producer license applicants but only to those marijuana producers who agree to grow plants for marijuana retailers holding medical marijuana endorsements. Priority in licensing must be given to marijuana producer license applicants who have an application pending on the effective date of this section but who are not yet licensed and then to new marijuana producer license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical marijuana authorization database established in section 21 of this act;

(2) Determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:

(a) Population distribution;

(b) Security and safety issues; ((and))

(c) The provision of adequate access to licensed sources of marijuana concentrates, useable marijuana, and marijuana-infused products to discourage purchases from the illegal market; and

(d) The number of retail outlets holding medical marijuana endorsements necessary to meet the medical needs of qualifying patients. The state liquor and cannabis board must reconsider and increase the maximum number of retail outlets it established before the effective date of this section and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical marijuana authorization database established in section 21 of this act;

(3) Determining the maximum quantity of marijuana a marijuana producer may have on the premises of a licensed location at any time without violating Washington state law;

(4) Determining the maximum quantities of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products a marijuana processor may have on the premises of a licensed location at any time without violating Washington state law;

(5) Determining the maximum quantities of marijuana concentrates, useable marijuana, and marijuana-infused products a marijuana retailer may have on the premises of a retail outlet at any time without violating Washington state law;

(6) In making the determinations required by ((subsections (3) through (5) of)) this section, the state liquor ((control)) and cannabis board shall take into consideration:

(a) Security and safety issues;

(b) The provision of adequate access to licensed sources of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products to discourage purchases from the illegal market; and

(c) Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;

(7) Determining the nature, form, and capacity of all containers to be used by licensees to contain marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products, and their labeling requirements, to include but not be limited to:

(a) The business or trade name and Washington state unified business identifier number of the licensees that ((grew,)) processed((,)) and sold the marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product;

(b) Lot numbers of the marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product;

(c) THC concentration and CBD concentration of the marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product;

(d) Medically and scientifically accurate information about the health and safety risks posed by marijuana use; and

(e) Language required by RCW 69.04.480;

(8) In consultation with the department of agriculture and the department, establishing classes of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the state liquor ((control)) and cannabis board;

(9) Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products that are not inconsistent with the provisions of this chapter ((3, Laws of 2013)), taking into consideration:

(a) Federal laws relating to marijuana that are applicable within Washington state;

(b) Minimizing exposure of people under twenty-one years of age to the advertising; ((and))

(c) The inclusion of medically and scientifically accurate information about the health and safety risks posed by marijuana use in the advertising; and

(d) Ensuring that retail outlets with medical marijuana endorsements may advertise themselves as medical retail outlets;

(10) Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products within the state;

(11) In consultation with the department and the department of agriculture, establishing accreditation requirements for testing laboratories used by licensees to demonstrate compliance with standards adopted by the state liquor ((control)) and cannabis board, and prescribing methods of producing, processing, and packaging marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products produced, processed, packaged, or sold by licensees;

(12) Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter ((3, Laws of 2013)) or the rules of the state liquor ((control)) and cannabis board.

Sec. 9.  RCW 69.50.354 and 2014 c 192 s 3 are each amended to read as follows:

There may be licensed, in no greater number in each of the counties of the state than as the state liquor ((control)) and cannabis board shall deem advisable, retail outlets established for the purpose of making marijuana concentrates, useable marijuana, and marijuana-infused products available for sale to adults aged twenty-one and over. Retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products in accordance with the provisions of this chapter ((3, Laws of 2013)) and the rules adopted to implement and enforce it, by a validly licensed marijuana retailer or retail outlet employee, shall not be a criminal or civil offense under Washington state law.

NEW SECTION.  Sec. 10.  A new section is added to chapter 69.50 RCW to read as follows:

(1) A medical marijuana endorsement to a marijuana retail license is hereby established to permit a marijuana retailer to sell marijuana for medical use to qualifying patients and designated providers. This endorsement also permits such retailers to provide marijuana at no charge, at their discretion, to qualifying patients and designated providers.

(2) An applicant may apply for a medical marijuana endorsement concurrently with an application for a marijuana retail license.

(3) To be issued an endorsement, a marijuana retailer must:

(a) Not authorize the medical use of marijuana for qualifying patients at the retail outlet or permit health care professionals to authorize the medical use of marijuana for qualifying patients at the retail outlet;

(b) Carry marijuana concentrates and marijuana-infused products identified by the department under subsection (4) of this section;

(c) Not use labels or market marijuana concentrates, useable marijuana, or marijuana-infused products in a way that make them intentionally attractive to minors;

(d) Demonstrate the ability to enter qualifying patients and designated providers in the medical marijuana authorization database established in section 21 of this act and issue recognition cards and agree to enter qualifying patients and designated providers into the database and issue recognition cards in compliance with department standards;

(e) Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the state liquor and cannabis board or the department of revenue to document the validity of tax exempt sales; and

(f) Meet other requirements as adopted by rule of the department or the state liquor and cannabis board.

(4) The department, in conjunction with the state liquor and cannabis board, must adopt rules on requirements for marijuana concentrates, useable marijuana, and marijuana-infused products that may be sold, or provided at no charge, to qualifying patients or designated providers at a retail outlet holding a medical marijuana endorsement. These rules must include:

(a) THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products sold to qualifying patients or designated providers;

(b) Labeling requirements including that the labels attached to marijuana concentrates, useable marijuana, or marijuana-infused products contain THC concentration, CBD concentration, and THC to CBD ratios;

(c) Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in marijuana processing that the department deems necessary to address the medical needs of qualifying patients;

(d) Safe handling requirements for marijuana concentrates, useable marijuana, or marijuana-infused products; and

(e) Training requirements for employees.

(5) A marijuana retailer holding an endorsement to sell marijuana to qualifying patients or designated providers must train its employees on:

(a) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical marijuana authorization database;

(b) Recognition of valid recognition cards; and

(c) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of marijuana concentrates, useable marijuana, and marijuana-infused products, available for sale when assisting qualifying patients and designated providers at the retail outlet.

NEW SECTION.  Sec. 11.  A new section is added to chapter 69.50 RCW to read as follows:

A marijuana retailer or a marijuana retailer holding a medical marijuana endorsement may sell products with a THC concentration of 0.3 percent or less. Marijuana retailers holding a medical marijuana endorsement may also provide these products at no charge to qualifying patients or designated providers.

Sec. 12.  RCW 69.50.357 and 2014 c 192 s 4 are each amended to read as follows:

(1) Retail outlets shall sell no products or services other than marijuana concentrates, useable marijuana, marijuana-infused products, or paraphernalia intended for the storage or use of marijuana concentrates, useable marijuana, or marijuana-infused products.

(2) Licensed marijuana retailers shall not employ persons under twenty-one years of age or allow persons under twenty-one years of age to enter or remain on the premises of a retail outlet. However, qualifying patients between eighteen and twenty-one years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of eighteen with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement, but may not purchase products for their personal medical use.

(3)(a) Licensed marijuana retailers must ensure that all employees are trained on the rules adopted to implement this chapter, identification of persons under the age of twenty-one, and other requirements adopted by the state liquor and cannabis board to ensure that persons under the age of twenty-one are not permitted to enter or remain on the premises of a retail outlet.

(b) Licensed marijuana retailers with a medical marijuana endorsement must ensure that all employees are trained on the subjects required by (a) of this subsection as well as identification of authorizations and recognition cards. Employees must also be trained to permit qualifying patients who hold recognition cards and are between the ages of eighteen and twenty-one to enter the premises and purchase marijuana for their personal medical use and to permit qualifying patients who are under the age of eighteen with a recognition card to enter the premises if accompanied by their designated providers.

(4) Licensed marijuana retailers shall not display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than a single sign no larger than one thousand six hundred square inches identifying the retail outlet by the licensee's business or trade name. Retail outlets that hold medical marijuana endorsements may include this information on signage.

(((4))) (5) Licensed marijuana retailers shall not display marijuana concentrates, useable marijuana, or marijuana-infused products in a manner that is visible to the general public from a public right-of-way.

(((5))) (6) No licensed marijuana retailer or employee of a retail outlet shall open or consume, or allow to be opened or consumed, any marijuana concentrates, useable marijuana, or marijuana-infused product on the outlet premises.

(((6))) (7) The state liquor ((control)) and cannabis board shall fine a licensee one thousand dollars for each violation of any subsection of this section. Fines collected under this section must be deposited into the dedicated marijuana fund created under RCW 69.50.530.

Sec. 13.  RCW 69.50.360 and 2014 c 192 s 5 are each amended to read as follows:

The following acts, when performed by a validly licensed marijuana retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the state liquor ((control)) and cannabis board to implement and enforce chapter 3, Laws of 2013, shall not constitute criminal or civil offenses under Washington state law:

(1) Purchase and receipt of marijuana concentrates, useable marijuana, or marijuana-infused products that have been properly packaged and labeled from a marijuana processor validly licensed under this chapter ((3, Laws of 2013));

(2) Possession of quantities of marijuana concentrates, useable marijuana, or marijuana-infused products that do not exceed the maximum amounts established by the state liquor ((control)) and cannabis board under RCW 69.50.345(5); and

(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of marijuana concentrates, useable marijuana, or marijuana-infused product to any person twenty-one years of age or older:

(a) One ounce of useable marijuana;

(b) Sixteen ounces of marijuana-infused product in solid form;

(c) Seventy-two ounces of marijuana-infused product in liquid form; or

(d) Seven grams of marijuana concentrate.

Sec. 14.  RCW 69.50.4013 and 2013 c 3 s 20 are each amended to read as follows:

(1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

(2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.

(3) The possession, by a person twenty-one years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.

(4) No person under twenty-one years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.

(5) The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-infused products, or plants in accordance with chapter 69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.

NEW SECTION.  Sec. 15.  A new section is added to chapter 69.50 RCW to read as follows:

(1) Nothing in this chapter permits anyone other than a validly licensed marijuana processor to use butane or other explosive gases to extract or separate resin from marijuana or to produce or process any form of marijuana concentrates or marijuana-infused products that include marijuana concentrates not purchased from a validly licensed marijuana retailer as an ingredient. The extraction or separation of resin from marijuana, the processing of marijuana concentrates, and the processing of marijuana-infused products that include marijuana concentrates not purchased from a validly licensed marijuana retailer as an ingredient by any person other than a validly licensed marijuana processor each constitute manufacture of marijuana in violation of RCW 69.50.401. Cooking oil, butter, and other nonexplosive home cooking substances may be used to make marijuana extracts for noncommercial personal use.

(2) Except for the use of butane, the state liquor and cannabis board may not enforce this section until it has adopted the rules required by section 28 of this act.

Sec. 16.  RCW 69.51A.005 and 2011 c 181 s 102 are each amended to read as follows:

(1) The legislature finds that:

(a) There is medical evidence that some patients with terminal or debilitating medical conditions may, under their health care professional's care, benefit from the medical use of ((cannabis)) marijuana. Some of the conditions for which ((cannabis)) marijuana appears to be beneficial include, but are not limited to:

(i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments;

(ii) Severe muscle spasms associated with multiple sclerosis, epilepsy, and other seizure and spasticity disorders;

(iii) Acute or chronic glaucoma;

(iv) Crohn's disease; and

(v) Some forms of intractable pain.

(b) Humanitarian compassion necessitates that the decision to use ((cannabis)) marijuana by patients with terminal or debilitating medical conditions is a personal, individual decision, based upon their health care professional's professional medical judgment and discretion.

(2) Therefore, the legislature intends that, so long as such activities are in strict compliance with this chapter:

(a) Qualifying patients with terminal or debilitating medical conditions who, in the judgment of their health care professionals, may benefit from the medical use of ((cannabis)) marijuana, shall not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law based solely on their medical use of ((cannabis)) marijuana, notwithstanding any other provision of law;

(b) Persons who act as designated providers to such patients shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law, notwithstanding any other provision of law, based solely on their assisting with the medical use of ((cannabis)) marijuana; and

(c) Health care professionals shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law for the proper authorization of medical use of ((cannabis)) marijuana by qualifying patients for whom, in the health care professional's professional judgment, the medical use of ((cannabis)) marijuana may prove beneficial.

(3) Nothing in this chapter establishes the medical necessity or medical appropriateness of ((cannabis)) marijuana for treating terminal or debilitating medical conditions as defined in RCW 69.51A.010.

(4) Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of ((cannabis)) marijuana would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of ((cannabis)) marijuana in any correctional facility or jail.

Sec. 17.  RCW 69.51A.010 and 2010 c 284 s 2 are each amended to read as follows:

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

(1) "Designated provider" means a person who((:

(a))) is ((eighteen)) twenty-one years of age or older((;

(b))) and:

(a)(i) Is the parent or guardian of a qualifying patient who is under the age of eighteen and beginning July 1, 2016, holds a recognition card; or

(ii) Has been designated in writing by a qualifying patient to serve as ((a)) the designated provider ((under this chapter)) for that patient;

(b)(i) Has an authorization from the qualifying patient's health care professional; or

(ii) Beginning July 1, 2016:

(A) Has been entered into the medical marijuana authorization database as being the designated provider to a qualifying patient; and

(B) Has been provided a recognition card;

(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the qualifying patient for whom the individual is acting as designated provider; ((and))

(d) Provides marijuana to only the qualifying patient that has designated him or her;

(e) Is in compliance with the terms and conditions of this chapter; and

(f) Is the designated provider to only one patient at any one time.

(2) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter 18.79 RCW.

(3) "Medical use of marijuana" means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of marijuana((, as defined in RCW 69.50.101(q),)) for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating ((illness)) medical condition.

(4) "Qualifying patient" means a person who:

(a)(i) Is a patient of a health care professional;

(((b))) (ii) Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;

(((c))) (iii) Is a resident of the state of Washington at the time of such diagnosis;

(((d))) (iv) Has been advised by that health care professional about the risks and benefits of the medical use of marijuana; ((and

(e))) (v) Has been advised by that health care professional that they may benefit from the medical use of marijuana;

(vi)(A) Has an authorization from his or her health care professional; or

(B) Beginning July 1, 2016, has been entered into the medical marijuana authorization database and has been provided a recognition card; and

(vii) Is otherwise in compliance with the terms and conditions established in this chapter.

(b) "Qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.

(5) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:

(a) One or more features designed to prevent copying of the paper;

(b) One or more features designed to prevent the erasure or modification of information on the paper; or

(c) One or more features designed to prevent the use of counterfeit ((valid documentation)) authorization.

(6) "Terminal or debilitating medical condition" means a condition severe enough to significantly interfere with the patient's activities of daily living and ability to function, which can be objectively assessed and evaluated and limited to the following:

(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; ((or))

(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; ((or))

(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; ((or))

(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; ((or))

(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; ((or))

(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; ((or))

(g) ((Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter)) Posttraumatic stress disorder; or

(h) Traumatic brain injury.

(7) (("Valid documentation")) (a) Until July 1, 2016, "authorization" means:

(((a))) (i) A statement signed and dated by a qualifying patient's health care professional written on tamper-resistant paper, which states that, in the health care professional's professional opinion, the patient may benefit from the medical use of marijuana; and

(((b))) (ii) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035.

(b) Beginning July 1, 2016, "authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant paper.

(c) An authorization is not a prescription as defined in RCW 69.50.101.

(8) "Recognition card" means a card issued to qualifying patients and designated providers by a marijuana retailer with a medical marijuana endorsement that has entered them into the medical marijuana authorization database.

(9) "CBD concentration" means the percent of cannabidiol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product.

(10) "Department" means the department of health.

(11) "Marijuana" has the meaning provided in RCW 69.50.101.

(12) "Marijuana concentrates" has the meaning provided in RCW 69.50.101.

(13) "Marijuana processor" has the meaning provided in RCW 69.50.101.

(14) "Marijuana producer" has the meaning provided in RCW 69.50.101.

(15) "Marijuana retailer" has the meaning provided in RCW 69.50.101.

(16) "Marijuana retailer with a medical marijuana endorsement" means a marijuana retailer that has been issued a medical marijuana endorsement by the state liquor and cannabis board pursuant to section 10 of this act.

(17) "Marijuana-infused products" has the meaning provided in RCW 69.50.101.

(18) "Medical marijuana authorization database" means the secure and confidential database established in section 21 of this act.

(19) "Plant" means a marijuana plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.

(20) "Retail outlet" has the meaning provided in RCW 69.50.101.

(21) "Secretary" means the secretary of the department of health.

(22) "THC concentration" has the meaning provided in RCW 69.50.101.

(23) "Useable marijuana" has the meaning provided in RCW 69.50.101.

(24) "Low THC, high CBD" means products determined by the department to have a low THC, high CBD ratio under section 10 of this act. Low THC, high CBD products must be inhalable, ingestible, or absorbable.

(25) "Public place" has the meaning provided in RCW 70.160.020.

(26) "Housing unit" means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building or through a common hall.

Sec. 18.  RCW 69.51A.030 and 2011 c 181 s 301 are each amended to read as follows:

(1) The following acts do not constitute crimes under state law or unprofessional conduct under chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any other provision of law as long as the health care professional complies with subsection (2) of this section:

(a) Advising a patient about the risks and benefits of medical use of ((cannabis)) marijuana or that the patient may benefit from the medical use of ((cannabis)) marijuana; or

(b) Providing a patient or designated provider meeting the criteria established under RCW 69.51A.010(((26))) with ((valid documentation)) an authorization, based upon the health care professional's assessment of the patient's medical history and current medical condition, ((where such use is)) if the health care professional has complied with this chapter and he or she determines within a professional standard of care or in the individual health care professional's medical judgment the qualifying patient may benefit from the medical use of marijuana.

(2)(a) A health care professional may ((only)) provide a qualifying patient or that patient's designated provider with ((valid documentation authorizing)) an authorization for the medical use of ((cannabis or register the patient with the registry established in section 901 of this act if he or she has a newly initiated or existing documented relationship with the patient, as a primary care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient's terminal or debilitating medical condition, and only after:

(i) Completing a)) marijuana in accordance with this section.

(b) In order to authorize for the medical use of marijuana under (a) of this subsection, the health care professional must:

(i) Have a documented relationship with the patient, as a principal care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient's terminal or debilitating medical condition;

(ii) Complete an in-person physical examination of the patient ((as appropriate, based on the patient's condition and age));

(((ii) Documenting)) (iii) Document the terminal or debilitating medical condition of the patient in the patient's medical record and that the patient may benefit from treatment of this condition or its symptoms with medical use of ((cannabis)) marijuana;

(((iii) Informing)) (iv) Inform the patient of other options for treating the terminal or debilitating medical condition and documenting in the patient's medical record that the patient has received this information; ((and

(iv) Documenting)) (v) Document in the patient's medical record other measures attempted to treat the terminal or debilitating medical condition that do not involve the medical use of ((cannabis)) marijuana; and

(vi) Complete an authorization on forms developed by the department, in accordance with subsection (3) of this section.

(((b))) (c) For a qualifying patient eighteen years of age or older, an authorization expires one year after its issuance. For a qualifying patient less than eighteen years of age, an authorization expires six months after its issuance. An authorization may be renewed upon completion of an in-person physical examination and compliance with the other requirements of (b) of this subsection.

(d) A health care professional shall not:

(i) Accept, solicit, or offer any form of pecuniary remuneration from or to a ((licensed dispenser, licensed producer, or licensed processor of cannabis products)) marijuana retailer, marijuana processor, or marijuana producer;

(ii) Offer a discount or any other thing of value to a qualifying patient who is a customer of, or agrees to be a customer of, a particular ((licensed dispenser, licensed producer, or licensed processor of cannabis products)) marijuana retailer;

(iii) Examine or offer to examine a patient for purposes of diagnosing a terminal or debilitating medical condition at a location where ((cannabis)) marijuana is produced, processed, or ((dispensed)) sold;

(iv) Have a business or practice which consists ((solely)) primarily of authorizing the medical use of ((cannabis)) marijuana or authorize the medical use of marijuana at any location other than his or her practice's permanent physical location;

(v) ((Include any statement or reference, visual or otherwise, on the medical use of cannabis in any advertisement for his or her business or practice)) Except as provided in section 35 of this act, sell, or provide at no charge, marijuana concentrates, marijuana-infused products, or useable marijuana to a qualifying patient or designated provider; or

(vi) Hold an economic interest in an enterprise that produces, processes, or ((dispenses cannabis)) sells marijuana if the health care professional authorizes the medical use of ((cannabis)) marijuana.

(3) ((A violation of any provision of subsection (2) of this section constitutes unprofessional conduct under chapter 18.130 RCW.)) The department shall develop the form for the health care professional to use as an authorization for qualifying patients and designated providers. The form shall include the qualifying patient's or designated provider's name, address, and date of birth; the health care professional's name, address, and license number; the amount of marijuana recommended for the qualifying patient; a telephone number where the authorization can be verified during normal business hours; the dates of issuance and expiration; and a statement that an authorization does not provide protection from arrest unless the qualifying patient or designated provider is also entered in the medical marijuana authorization database and holds a recognition card.

(4) Until July 1, 2016, a health care professional who, within a single calendar month, authorizes the medical use of marijuana to more than thirty patients must report the number of authorizations issued.

(5) The appropriate health professions disciplining authority may inspect or request patient records to confirm compliance with this section. The health care professional must provide access to or produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by the health professions disciplining authority. If the twenty-one calendar day limit results in a hardship upon the health care professional, he or she may request, for good cause, an extension not to exceed thirty additional calendar days. Failure to produce the documents, records, or other items shall result in citations and fines issued consistent with RCW 18.130.230. Failure to otherwise comply with the requirements of this section shall be considered unprofessional conduct and subject to sanctions under chapter 18.130 RCW.

(6) After a health care professional authorizes a qualifying patient for the medical use of marijuana, he or she may discuss with the qualifying patient how to use marijuana and the types of products the qualifying patient should seek from a retail outlet.

NEW SECTION.  Sec. 19.  A new section is added to chapter 69.51A RCW to read as follows:

As part of authorizing a qualifying patient or designated provider, the health care professional may include recommendations on the amount of marijuana that is likely needed by the qualifying patient for his or her medical needs and in accordance with this section.

(1) If the health care professional does not include recommendations on the qualifying patient's or designated provider's authorization, the marijuana retailer with a medical marijuana endorsement, when adding the qualifying patient or designated provider to the medical marijuana authorization database, shall enter into the database that the qualifying patient or designated provider may purchase or obtain at a retail outlet holding a medical marijuana endorsement a combination of the following: Forty-eight ounces of marijuana-infused product in solid form; three ounces of useable marijuana; two hundred sixteen ounces of marijuana-infused product in liquid form; or twenty-one grams of marijuana concentrates. The qualifying patient or designated provider may also grow, in his or her domicile, up to six plants for the personal medical use of the qualifying patient and possess up to eight ounces of useable marijuana produced from his or her plants. These amounts shall be specified on the recognition card that is issued to the qualifying patient or designated provider.

(2) If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided for in subsection (1) of this section, the health care professional must specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to fifteen plants for the personal medical use of the patient. A patient so authorized may possess up to sixteen ounces of useable marijuana in his or her domicile. The number of plants must be entered into the medical marijuana authorization database by the marijuana retailer with a medical marijuana endorsement and specified on the recognition card that is issued to the qualifying patient or designated provider.

(3) If a qualifying patient or designated provider with an authorization from a health care professional has not been entered into the medical marijuana authorization database, he or she may not receive a recognition card and may only purchase at a retail outlet, whether it holds a medical marijuana endorsement or not, the amounts established in RCW 69.50.360. In addition the qualifying patient or the designated provider may grow, in his or her domicile, up to four plants for the personal medical use of the qualifying patient and possess up to six ounces of useable marijuana in his or her domicile.

NEW SECTION.  Sec. 20.  A new section is added to chapter 69.51A RCW to read as follows:

(1) Health care professionals may authorize the medical use of marijuana for qualifying patients who are under the age of eighteen if:

(a) The minor's parent or guardian participates in the minor's treatment and agrees to the medical use of marijuana by the minor; and

(b) The parent or guardian acts as the designated provider for the minor and has sole control over the minor's marijuana.

(2) The minor may not grow plants or purchase marijuana-infused products, useable marijuana, or marijuana concentrates from a marijuana retailer with a medical marijuana endorsement.

(3) Both the minor and the minor's parent or guardian who is acting as the designated provider must be entered in the medical marijuana authorization database and hold a recognition card.

(4) A health care professional who authorizes the medical use of marijuana by a minor must do so as part of the course of treatment of the minor's terminal or debilitating medical condition. If authorizing a minor for the medical use of marijuana, the health care professional must:

(a) Consult with other health care providers involved in the minor's treatment, as medically indicated, before authorization or reauthorization of the medical use of marijuana; and

(b) Reexamine the minor at least once every six months or more frequently as medically indicated. The reexamination must:

(i) Determine that the minor continues to have a terminal or debilitating medical condition and that the condition benefits from the medical use of marijuana; and

(ii) Include a follow-up discussion with the minor's parent or guardian to ensure the parent or guardian continues to participate in the treatment of the minor.

NEW SECTION.  Sec. 21.  A new section is added to chapter 69.51A RCW to read as follows:

(1) The department must contract with an entity to create, administer, and maintain a secure and confidential medical marijuana authorization database that, beginning July 1, 2016, allows:

(a) A marijuana retailer with a medical marijuana endorsement to add a qualifying patient or designated provider and include the amount of marijuana concentrates, useable marijuana, marijuana-infused products, or plants for which the qualifying patient is authorized under section 19 of this act;

(b) Persons authorized to prescribe or dispense controlled substances to access health care information on their patients for the purpose of providing medical or pharmaceutical care for their patients;

(c) A qualifying patient or designated provider to request and receive his or her own health care information or information on any person or entity that has queried their name or information;

(d) Appropriate local, state, tribal, and federal law enforcement or prosecutorial officials who are engaged in a bona fide specific investigation of suspected marijuana-related activity that may be illegal under Washington state law to confirm the validity of the recognition card of a qualifying patient or designated provider;

(e) A marijuana retailer holding a medical marijuana endorsement to confirm the validity of the recognition card of a qualifying patient or designated provider;

(f) The department of revenue to verify tax exemptions under chapters 82.08 and 82.12 RCW;

(g) The department and the health care professional's disciplining authorities to monitor authorizations and ensure compliance with this chapter and chapter 18.130 RCW by their licensees; and

(h) Authorizations to expire six months or one year after entry into the medical marijuana authorization database, depending on whether the authorization is for a minor or an adult.

(2) A qualifying patient and his or her designated provider, if any, may be placed in the medical marijuana authorization database at a marijuana retailer with a medical marijuana endorsement. After a qualifying patient or designated provider is placed in the medical marijuana authorization database, he or she must be provided with a recognition card that contains identifiers required in subsection (3) of this section.

(3) The recognition card requirements must be developed by the department in rule and include:

(a) A randomly generated and unique identifying number;

(b) For designated providers, the unique identifying number of the qualifying patient whom the provider is assisting;

(c) A photograph of the qualifying patient's or designated provider's face taken by an employee of the marijuana retailer with a medical marijuana endorsement at the same time that the qualifying patient or designated provider is being placed in the medical marijuana authorization database in accordance with rules adopted by the department;

(d) The amount of marijuana concentrates, useable marijuana, marijuana-infused products, or plants for which the qualifying patient is authorized under section 19 of this act;

(e) The effective date and expiration date of the recognition card;

(f) The name of the health care professional who authorized the qualifying patient or designated provider; and

(g) For the recognition card, additional security features as necessary to ensure its validity.

(4) For qualifying patients who are eighteen years of age or older and their designated providers, recognition cards are valid for one year from the date the health care professional issued the authorization. For qualifying patients who are under the age of eighteen and their designated providers, recognition cards are valid for six months from the date the health care professional issued the authorization. Qualifying patients may not be reentered into the medical marijuana authorization database until they have been reexamined by a health care professional and determined to meet the definition of qualifying patient. After reexamination, a marijuana retailer with a medical marijuana endorsement must reenter the qualifying patient or designated provider into the medical marijuana authorization database and a new recognition card will then be issued in accordance with department rules.

(5) If a recognition card is lost or stolen, a marijuana retailer with a medical marijuana endorsement, in conjunction with the database administrator, may issue a new card that will be valid for six months to one year if the patient is reexamined by a health care professional and determined to meet the definition of qualifying patient and depending on whether the patient is under the age of eighteen or eighteen years of age or older as provided in subsection (4) of this section. If a reexamination is not performed, the expiration date of the replacement recognition card must be the same as the lost or stolen recognition card.

(6) The database administrator must remove qualifying patients and designated providers from the medical marijuana authorization database upon expiration of the recognition card. Qualifying patients and designated providers may request to remove themselves from the medical marijuana authorization database before expiration of a recognition card and health care professionals may request to remove qualifying patients and designated providers from the medical marijuana authorization database if the patient or provider no longer qualifies for the medical use of marijuana. The database administrator must retain database records for at least five calendar years to permit the state liquor and cannabis board and the department of revenue to verify eligibility for tax exemptions.

(7) During development of the medical marijuana authorization database, the database administrator must consult with the department, stakeholders, and persons with relevant expertise to include, but not be limited to, qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the University of Washington computer science and engineering security and privacy research lab or a certified cyber security firm, vendor, or service.

(8) The medical marijuana authorization database must meet the following requirements:

(a) Any personally identifiable information included in the database must be nonreversible, pursuant to definitions and standards set forth by the national institute of standards and technology;

(b) Any personally identifiable information included in the database must not be susceptible to linkage by use of data external to the database;

(c) The database must incorporate current best differential privacy practices, allowing for maximum accuracy of database queries while minimizing the chances of identifying the personally identifiable information included therein; and

(d) The database must be upgradable and updated in a timely fashion to keep current with state of the art privacy and security standards and practices.

(9)(a) Personally identifiable information of qualifying patients and designated providers included in the medical marijuana authorization database is confidential and exempt from public disclosure, inspection, or copying under chapter 42.56 RCW.

(b) Information contained in the medical marijuana authorization database may be released in aggregate form, with all personally identifying information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.

(c) Information contained in the medical marijuana authorization database shall not be shared with the federal government or its agents unless the particular patient or designated provider is convicted in state court for violating this chapter or chapter 69.50 RCW.

(10)(a) The department must charge a one dollar fee for each initial and renewal recognition card issued by a marijuana retailer with a medical marijuana endorsement. The marijuana retailer with a medical marijuana endorsement shall collect the fee from the qualifying patient or designated provider at the time that he or she is entered into the database and issued a recognition card. The department shall establish a schedule for marijuana retailers with a medical marijuana endorsement to remit the fees collected. Fees collected under this subsection shall be deposited into the health professions account created under RCW 43.70.320.

(b) By November 1, 2016, the department shall report to the governor and the fiscal committees of both the house of representatives and the senate regarding the cost of implementation and administration of the medical marijuana authorization database. The report must specify amounts from the health professions account used to finance the establishment and administration of the medical marijuana authorization database as well as estimates of the continuing costs associated with operating the medical marijuana database. The report must also provide initial enrollment figures in the medical marijuana authorization database and estimates of expected future enrollment.

(11) If the database administrator fails to comply with this section, the department may cancel any contracts with the database administrator and contract with another database administrator to continue administration of the database. A database administrator who fails to comply with this section is subject to a fine of up to five thousand dollars in addition to any penalties established in the contract. Fines collected under this section must be deposited into the health professions account created under RCW 43.70.320.

(12) The department may adopt rules to implement this section.

NEW SECTION.  Sec. 22.  A new section is added to chapter 42.56 RCW to read as follows:

Records in the medical marijuana authorization database established in section 21 of this act containing names and other personally identifiable information of qualifying patients and designated providers are exempt from disclosure under this chapter.

NEW SECTION.  Sec. 23.  A new section is added to chapter 69.51A RCW to read as follows:

(1) It is unlawful for a person to knowingly or intentionally:

(a) Access the medical marijuana authorization database for any reason not authorized under section 21 of this act;

(b) Disclose any information received from the medical marijuana authorization database in violation of section 21 of this act including, but not limited to, qualifying patient or designated provider names, addresses, or amount of marijuana for which they are authorized;

(c) Produce a recognition card or to tamper with a recognition card for the purpose of having it accepted by a marijuana retailer holding a medical marijuana endorsement in order to purchase marijuana as a qualifying patient or designated provider or to grow marijuana plants in accordance with this chapter;

(d) If a person is a designated provider to a qualifying patient, sell, donate, or supply marijuana produced or obtained for the qualifying patient to another person, or use the marijuana produced or obtained for the qualifying patient for the designated provider's own personal use or benefit; or

(e) If the person is a qualifying patient, sell, donate, or otherwise supply marijuana produced or obtained by the qualifying patient to another person.

(2) A person who violates this section is guilty of a class C felony.

Sec. 24.  RCW 69.51A.040 and 2011 c 181 s 401 are each amended to read as follows:

The medical use of ((cannabis)) marijuana in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient or designated provider in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences((,)) for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, ((cannabis)) marijuana under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, ((cannabis)) marijuana under state law, and investigating ((peace)) law enforcement officers and ((law enforcement)) agencies may not be held civilly liable for failure to seize ((cannabis)) marijuana in this circumstance, if:

(1)(a) The qualifying patient or designated provider has been entered into the medical marijuana authorization database and holds a valid recognition card and possesses no more than ((fifteen cannabis plants and:

(i) No more than twenty-four ounces of useable cannabis;

(ii) No more cannabis product than what could reasonably be produced with no more than twenty-four ounces of useable cannabis; or

(iii) A combination of useable cannabis and cannabis product that does not exceed a combined total representing possession and processing of no more than twenty-four ounces of useable cannabis)) the amount of marijuana concentrates, useable marijuana, plants, or marijuana-infused products authorized under section 19 of this act.

(((b))) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in (((a) of this subsection)) section 19 of this act for the qualifying patient and designated provider, whether the plants, ((useable cannabis, and cannabis product)) marijuana concentrates, useable marijuana, or marijuana-infused products are possessed individually or in combination between the qualifying patient and his or her designated provider;

(((2))) (b) The qualifying patient or designated provider presents his or her ((proof of registration with the department of health,)) recognition card to any ((peace)) law enforcement officer who questions the patient or provider regarding his or her medical use of ((cannabis)) marijuana;

(((3))) (c) The qualifying patient or designated provider keeps a copy of his or her ((proof of registration with the registry established in section 901 of this act)) recognition card and the qualifying patient or designated provider's contact information posted prominently next to any ((cannabis)) plants, ((cannabis)) marijuana concentrates, marijuana-infused products, or useable ((cannabis)) marijuana located at his or her residence;

(((4))) (d) The investigating ((peace)) law enforcement officer does not possess evidence that:

(((a))) (i) The designated provider has converted ((cannabis)) marijuana produced or obtained for the qualifying patient for his or her own personal use or benefit; or

(((b))) (ii) The qualifying patient ((has converted cannabis produced or obtained for his or her own medical use to the qualifying patient's personal, nonmedical use or benefit)) sold, donated, or supplied marijuana to another person; and

(((5))) (e) The ((investigating peace officer does not possess evidence that the)) designated provider has not served as a designated provider to more than one qualifying patient within a fifteen-day period; ((and

(6))) or

(2) The ((investigating peace officer has not observed evidence of any of the circumstances identified in section 901(4))) qualifying patient or designated provider participates in a cooperative as provided in section 26 of this act.

Sec. 25.  RCW 69.51A.043 and 2011 c 181 s 402 are each amended to read as follows:

(1) A qualifying patient or designated provider who has a valid authorization from his or her health care professional, but is not ((registered with the registry established in section 901 of this act)) entered in the medical marijuana authorization database and does not have a recognition card may raise the affirmative defense set forth in subsection (2) of this section, if:

(a) The qualifying patient or designated provider presents his or her ((valid documentation to any peace)) authorization to any law enforcement officer who questions the patient or provider regarding his or her medical use of ((cannabis)) marijuana;

(b) The qualifying patient or designated provider possesses no more ((cannabis)) marijuana than the limits set forth in ((RCW 69.51A.040(1))) section 19(3) of this act;

(c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter;

(d) The investigating ((peace)) law enforcement officer does not have probable cause to believe that the qualifying patient or designated provider has committed a felony, or is committing a misdemeanor in the officer's presence, that does not relate to the medical use of ((cannabis)) marijuana; and

(e) No outstanding warrant for arrest exists for the qualifying patient or designated provider((; and

(f) The investigating peace officer has not observed evidence of any of the circumstances identified in section 901(4) of this act)).

(2) A qualifying patient or designated provider who is not ((registered with the registry established in section 901 of this act)) entered in the medical marijuana authorization database and does not have a recognition card, but who presents his or her ((valid documentation)) authorization to any ((peace)) law enforcement officer who questions the patient or provider regarding his or her medical use of ((cannabis)) marijuana, may assert an affirmative defense to charges of violations of state law relating to ((cannabis)) marijuana through proof at trial, by a preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040. A qualifying patient or designated provider meeting the conditions of this subsection but possessing more ((cannabis)) marijuana than the limits set forth in ((RCW 69.51A.040(1))) section 19(3) of this act may, in the investigating ((peace)) law enforcement officer's discretion, be taken into custody and booked into jail in connection with the investigation of the incident.

NEW SECTION.  Sec. 26.  A new section is added to chapter 69.51A RCW to read as follows:

(1) Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least twenty-one years old. The designated provider of a qualifying patient who is under twenty-one years old may be a member of a cooperative on the qualifying patient's behalf.

(2) Cooperatives may not be located within one mile of a marijuana retailer. People who wish to form a cooperative must register the location with the state liquor and cannabis board and this is the only location where cooperative members may grow or process marijuana. This registration must include the names of all participating members and copies of each participant's recognition card. Only qualifying patients or designated providers registered with the state liquor and cannabis board in association with the location may participate in growing or receive useable marijuana or marijuana-infused products grown at that location. The state liquor and cannabis board must deny the registration of any cooperative if the location is within one mile of a marijuana retailer.

(3) If a qualifying patient or designated provider no longer participates in growing at the location, he or she must notify the state liquor and cannabis board within fifteen days of the date the qualifying patient or designated provider ceases participation. The state liquor and cannabis board must remove his or her name from connection to the cooperative. Additional qualifying patients or designated providers may not join the cooperative until sixty days have passed since the date on which the last qualifying patient or designated provider notifies the state liquor and cannabis board that he or she no longer participates in that cooperative.

(4) Qualifying patients or designated providers who participate in a cooperative under this section:

(a) May grow up to the total amount of plants for which each participating member is authorized on their recognition cards, up to a maximum of sixty plants. At the location, the qualifying patients or designated providers may possess the amount of useable marijuana that can be produced with the number of plants permitted under this subsection, but no more than seventy-two ounces;

(b) May only participate in one cooperative;

(c) May only grow plants in the cooperative and if he or she grows plants in the cooperative may not grow plants elsewhere;

(d) Must provide assistance in growing plants. A monetary contribution or donation is not to be considered assistance under this section. Participants must provide nonmonetary resources and labor in order to participate; and

(e) May not sell, donate, or otherwise provide marijuana, marijuana concentrates, useable marijuana, or marijuana-infused products to a person who is not participating under this section.

(5) The location of the cooperative must be the domicile of one of the participants. Only one cooperative may be located per property tax parcel. A copy of each participant's recognition card must be kept at the location at all times.

(6) The state liquor and cannabis board may adopt rules to implement this section including:

(a) Any security requirements necessary to ensure the safety of the cooperative and to reduce the risk of diversion from the cooperative;

(b) A seed to sale traceability model that is similar to the seed to sale traceability model used by licensees that will allow the state liquor and cannabis board to track all marijuana grown in a cooperative.

(7) The state liquor and cannabis board or law enforcement may inspect a cooperative registered under this section to ensure members are in compliance with this section. The state liquor and cannabis board must adopt rules on reasonable inspection hours and reasons for inspections.

NEW SECTION.  Sec. 27.  A new section is added to chapter 69.51A RCW to read as follows:

(1) Notwithstanding any other provision of this chapter and even if multiple qualifying patients or designated providers reside in the same housing unit, no more than fifteen plants may be grown or located in any one housing unit other than a cooperative established pursuant to section 26 of this act.

(2) Neither the production nor processing of marijuana or marijuana-infused products pursuant to this section nor the storage or growing of plants may occur if any portion of such activity can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another housing unit.

(3) Cities, towns, counties, and other municipalities may create and enforce civil penalties, including abatement procedures, for the growing or processing of marijuana and for keeping marijuana plants beyond or otherwise not in compliance with this section.

NEW SECTION.  Sec. 28.  A new section is added to chapter 69.51A RCW to read as follows:

(1) Once the state liquor and cannabis board adopts rules under subsection (2) of this section, qualifying patients or designated providers may only extract or separate the resin from marijuana or produce or process any form of marijuana concentrates or marijuana‑infused products in accordance with those standards.

(2) The state liquor and cannabis board must adopt rules permitting qualifying patients and designated providers to extract or separate the resin from marijuana using noncombustable methods. The rules must provide the noncombustible methods permitted and any restrictions on this practice.

Sec. 29.  RCW 69.51A.045 and 2011 c 181 s 405 are each amended to read as follows:

(1) A qualifying patient or designated provider in possession of ((cannabis)) plants, marijuana concentrates, useable ((cannabis)) marijuana, or ((cannabis)) marijuana-infused products exceeding the limits set forth in ((RCW 69.51A.040(1))) this chapter but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to ((cannabis)) marijuana through proof at trial, by a preponderance of the evidence, that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040(((1))).

(2) An investigating ((peace)) law enforcement officer may seize ((cannabis)) plants, marijuana concentrates, useable ((cannabis)) marijuana, or ((cannabis)) marijuana-infused products exceeding the amounts set forth in ((RCW 69.51A.040(1): PROVIDED, That)) this chapter. In the case of ((cannabis)) plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. The officer and his or her law enforcement agency may not be held civilly liable for failure to seize ((cannabis)) marijuana in this circumstance.

Sec. 30.  RCW 69.51A.055 and 2011 c 181 s 1105 are each amended to read as follows:

(1)(a) The arrest and prosecution protections established in RCW 69.51A.040 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.

(b) The affirmative defenses established in RCW 69.51A.043((,)) and 69.51A.045((, 69.51A.047, and section 407 of this act)) may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.

(2) ((The provisions of)) RCW 69.51A.040((, 69.51A.085, and 69.51A.025 do)) does not apply to a person who is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision.

(((3) A person may not be licensed as a licensed producer, licensed processor of cannabis products, or a licensed dispenser under section 601, 602, or 701 of this act if he or she is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that licensure is inconsistent with and contrary to his or her supervision.))

Sec. 31.  RCW 69.51A.060 and 2011 c 181 s 501 are each amended to read as follows:

(1) It shall be a class 3 civil infraction to use or display medical ((cannabis)) marijuana in a manner or place which is open to the view of the general public.

(2) Nothing in this chapter establishes a right of care as a covered benefit or requires any state purchased health care as defined in RCW 41.05.011 or other health carrier or health plan as defined in Title 48 RCW to be liable for any claim for reimbursement for the medical use of ((cannabis)) marijuana. Such entities may enact coverage or noncoverage criteria or related policies for payment or nonpayment of medical ((cannabis)) marijuana in their sole discretion.

(3) Nothing in this chapter requires any health care professional to authorize the medical use of ((cannabis)) marijuana for a patient.

(4) Nothing in this chapter requires any accommodation of any on-site medical use of ((cannabis)) marijuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or smoking ((cannabis)) marijuana in any public place or hotel or motel. However, a school may permit a minor who meets the requirements of section 20 of this act to consume marijuana on school grounds. Such use must be in accordance with school policy relating to medication use on school grounds.

(5) Nothing in this chapter authorizes the possession or use of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused products on federal property.

(((5))) (6) Nothing in this chapter authorizes the use of medical ((cannabis)) marijuana by any person who is subject to the Washington code of military justice in chapter 38.38 RCW.

(((6))) (7) Employers may establish drug-free work policies. Nothing in this chapter requires an accommodation for the medical use of ((cannabis)) marijuana if an employer has a drug-free workplace.

(((7) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the content of any record for the purpose of having it accepted as, valid documentation under RCW 69.51A.010(32)(a), or to backdate such documentation to a time earlier than its actual date of execution.))

(8) No person shall be entitled to claim the protection from arrest and prosecution under RCW 69.51A.040 or the affirmative defense under RCW 69.51A.043 for engaging in the medical use of ((cannabis)) marijuana in a way that endangers the health or well-being of any person through the use of a motorized vehicle on a street, road, or highway, including violations of RCW 46.61.502 or 46.61.504, or equivalent local ordinances.

Sec. 32.  RCW 69.51A.085 and 2011 c 181 s 403 are each amended to read as follows:

(1) Qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting, and delivering ((cannabis)) marijuana for medical use subject to the following conditions:

(a) No more than ten qualifying patients may participate in a single collective garden at any time;

(b) No person under the age of twenty-one may participate in a collective garden or receive marijuana that was produced, processed, transported, or delivered through a collective garden. A designated provider for a person who is under the age of twenty-one may participate in a collective garden on behalf of the person under the age of twenty-one;

(c) A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants;

(((c))) (d) A collective garden may contain no more than twenty-four ounces of useable ((cannabis)) marijuana per patient up to a total of seventy-two ounces of useable ((cannabis)) marijuana;

(((d))) (e) A copy of each qualifying patient's ((valid documentation or proof of registration with the registry established in section 901 of this act)) authorization, including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden; and

(((e))) (f) No useable ((cannabis)) marijuana from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden.

(2) For purposes of this section, the creation of a "collective garden" means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest ((cannabis; cannabis)) marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of ((cannabis)) marijuana plants.

(3) A person who knowingly violates a provision of subsection (1) of this section is not entitled to the protections of this chapter.

NEW SECTION.  Sec. 33.  A new section is added to chapter 69.50 RCW to read as follows:

(1) The state liquor and cannabis board may conduct controlled purchase programs to determine whether:

(a) A marijuana retailer is unlawfully selling marijuana to persons under the age of twenty-one;

(b) A marijuana retailer holding a medical marijuana endorsement is selling to persons under the age of eighteen or selling to persons between the ages of eighteen and twenty-one who do not hold valid recognition cards;

(c) Until July 1, 2016, collective gardens under RCW 69.51A.085 are providing marijuana to persons under the age of twenty-one; or

(d) A cooperative organized under section 26 of this act is permitting a person under the age of twenty-one to participate.

(2) Every person under the age of twenty-one years who purchases or attempts to purchase marijuana is guilty of a violation of this section. This section does not apply to:

(a) Persons between the ages of eighteen and twenty-one who hold valid recognition cards and purchase marijuana at a marijuana retail outlet holding a medical marijuana endorsement;

(b) Persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the state liquor and cannabis board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the state liquor and cannabis board may not be used for criminal or administrative prosecution.

(3) A marijuana retailer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of marijuana during an in-house controlled purchase program.

(4) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. A marijuana retailer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of marijuana during an in-house controlled purchase program authorized under this section.

(5) Every person between the ages of eighteen and twenty-one who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by RCW 9A.20.021.

Sec. 34.  RCW 69.51A.100 and 2011 c 181 s 404 are each amended to read as follows:

(1) A qualifying patient may revoke his or her designation of a specific designated provider and designate a different designated provider at any time. A revocation of designation must be in writing, signed and dated, and provided to the designated provider and, if applicable, the medical marijuana authorization database administrator. The protections of this chapter cease to apply to a person who has served as a designated provider to a qualifying patient seventy-two hours after receipt of that patient's revocation of his or her designation.

(2) A person may stop serving as a designated provider to a given qualifying patient at any time by revoking that designation in writing, signed and dated, and provided to the qualifying patient and, if applicable, the medical marijuana authorization database administrator. However, that person may not begin serving as a designated provider to a different qualifying patient until fifteen days have elapsed from the date the last qualifying patient designated him or her to serve as a provider.

(3) The department may adopt rules to implement this section, including a procedure to remove the name of the designated provider from the medical marijuana authorization database upon receipt of a revocation under this section.

NEW SECTION.  Sec. 35.  A new section is added to chapter 69.51A RCW to read as follows:

Neither this chapter nor chapter 69.50 RCW prohibits a health care professional from selling or donating topical, noningestible products that have a THC concentration of less than .3 percent to qualifying patients.

NEW SECTION.  Sec. 36.  A new section is added to chapter 69.51A RCW to read as follows:

Employers of a health care professional may not prohibit or limit the authority of any health care professional to:

(1) Advise a patient about the risks and benefits of the medical use of marijuana or that the patient may benefit from the medical use of marijuana; or

(2) Provide a patient or designated provider meeting the criteria established under RCW 69.51A.010 with an authorization, based upon the health care professional's assessment of the patient's medical history and current medical condition, if the health care professional has complied with this chapter and he or she determines within a professional standard of care or in the individual health care professional's medical judgment the qualifying patient may benefit from the medical use of marijuana.

NEW SECTION.  Sec. 37.  A new section is added to chapter 69.51A RCW to read as follows:

A medical marijuana consultant certificate is hereby established.

(1) In addition to any other authority provided by law, the secretary of the department may:

(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) Establish forms and procedures necessary to administer this chapter;

(c) Approve training or education programs that meet the requirements of this section and any rules adopted to implement it;

(d) Receive criminal history record information that includes nonconviction information data for any purpose associated with initial certification or renewal of certification. The secretary shall require each applicant for initial certification to obtain a state or federal criminal history record information background check through the state patrol or the state patrol and the identification division of the federal bureau of investigation prior to the issuance of any certificate. The secretary shall specify those situations where a state background check is inadequate and an applicant must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out-of-state or where the applicant has a criminal record in Washington;

(e) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.110 and 43.70.250; and

(f) Maintain the official department record of all applicants and certificate holders.

(2) A training or education program approved by the secretary must include the following topics:

(a) The medical conditions that constitute terminal or debilitating conditions, and the symptoms of those conditions;

(b) Short and long-term effects of cannabinoids;

(c) Products that may benefit qualifying patients based on the patient's terminal or debilitating medical condition;

(d) Risks and benefits of various routes of administration;

(e) Safe handling and storage of useable marijuana, marijuana-infused products, and marijuana concentrates, including strategies to reduce access by minors;

(f) Demonstrated knowledge of this chapter and the rules adopted to implement it; and

(g) Other subjects deemed necessary and appropriate by the secretary to ensure medical marijuana consultant certificate holders are able to provide evidence-based and medically accurate advice on the medical use of marijuana.

(3) Medical marijuana consultant certificates are subject to annual renewals and continuing education requirements established by the secretary.

(4) The secretary shall have the power to refuse, suspend, or revoke the certificate of any medical marijuana consultant upon proof that:

(a) The certificate was procured through fraud, misrepresentation, or deceit;

(b) The certificate holder has committed acts in violation of subsection (6) of this section; or

(c) The certificate holder has violated or has permitted any employee or volunteer to violate any of the laws of this state relating to drugs or controlled substances or has been convicted of a felony.

In any case of the refusal, suspension, or revocation of a certificate by the secretary under the provisions of this chapter, appeal may be taken in accordance with chapter 34.05 RCW, the administrative procedure act.

(5) A medical marijuana consultant may provide the following services when acting as an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical marijuana endorsement under section 10 of this act:

(a) Assisting a customer with the selection of products sold at the retail outlet that may benefit the qualifying patient's terminal or debilitating medical condition;

(b) Describing the risks and benefits of products sold at the retail outlet;

(c) Describing the risks and benefits of methods of administration of products sold at the retail outlet;

(d) Advising a customer about the safe handling and storage of useable marijuana, marijuana-infused products, and marijuana concentrates, including strategies to reduce access by minors; and

(e) Providing instruction and demonstrations to customers about proper use and application of useable marijuana, marijuana-infused products, and marijuana concentrates.

(6) Nothing in this section authorizes a medical marijuana consultant to:

(a) Offer or undertake to diagnose or cure any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of marijuana or any other means or instrumentality; or

(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of marijuana.

(7) Nothing in this section requires an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 and holding a medical marijuana endorsement under section 10 of this act to obtain a medical marijuana consultant certification.

(8) Nothing in this section applies to the practice of a health care profession by individuals who are licensed, certified, or registered in a profession listed in RCW 18.130.040(2) and who are performing services within their authorized scope of practice.

NEW SECTION.  Sec. 38.  A new section is added to chapter 69.51A RCW to read as follows:

The board of naturopathy, the board of osteopathic medicine and surgery, the medical quality assurance commission, and the nursing care quality assurance commission shall develop and approve continuing education programs related to the use of marijuana for medical purposes for the health care providers that they each regulate that are based upon practice guidelines that have been adopted by each entity.

Sec. 39.  RCW 43.70.320 and 2008 c 134 s 16 are each amended to read as follows:

(1) There is created in the state treasury an account to be known as the health professions account. All fees received by the department for health professions licenses, registration, certifications, renewals, or examinations and the civil penalties assessed and collected by the department under RCW 18.130.190 shall be forwarded to the state treasurer who shall credit such moneys to the health professions account.

(2) All expenses incurred in carrying out the health professions licensing activities of the department and implementing and administering the medical marijuana authorization database established in section 21 of this act shall be paid from the account as authorized by legislative appropriation, except as provided in subsection (4) of this section. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.

(3) The secretary shall biennially prepare a budget request based on the anticipated costs of administering the health professions licensing activities of the department which shall include the estimated income from health professions fees.

(4) The secretary shall, at the request of a board or commission as applicable, spend unappropriated funds in the health professions account that are allocated to the requesting board or commission to meet unanticipated costs of that board or commission when revenues exceed more than fifteen percent over the department's estimated six‑year spending projections for the requesting board or commission. Unanticipated costs shall be limited to spending as authorized in subsection (3) of this section for anticipated costs.

NEW SECTION.  Sec. 40.  A new section is added to chapter 82.04 RCW to read as follows:

(1) This chapter does not apply to any cooperative in respect to growing marijuana, or manufacturing marijuana concentrates, useable marijuana, or marijuana-infused products, as those terms are defined in RCW 69.50.101.

(2) The tax preference authorized in this section is not subject to the provisions of RCW 82.32.805 and 82.32.808.

NEW SECTION.  Sec. 41.  (1) The department of health must develop recommendations on establishing medical marijuana specialty clinics that would allow for the authorization and dispensing of marijuana to patients of health care professionals who work on-site of the clinic and who are certified by the department of health in the medical use of marijuana.

(2) Recommendations must be reported to the chairs of the health care committees of both the senate and house of representatives by December 1, 2015.

Sec. 42.  RCW 69.50.203 and 2013 c 19 s 88 are each amended to read as follows:

(a) Except as provided in subsection (c) of this section, the commission shall place a substance in Schedule I upon finding that the substance:

(1) has high potential for abuse;

(2) has no currently accepted medical use in treatment in the United States; and

(3) lacks accepted safety for use in treatment under medical supervision.

(b) The commission may place a substance in Schedule I without making the findings required by subsection (a) of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.

(c) No marijuana concentrates, useable marijuana, or marijuana-infused product that the department has identified in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement shall be deemed to have met the criteria established in subsection (a) of this section and may not be placed in Schedule I.

Sec. 43.  RCW 69.50.204 and 2010 c 177 s 2 are each amended to read as follows:

Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I:

(a) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl (N-F:\Journal\2015 Journal\Journal2015\LegDay093\1-(1-methyl-2-phenethyl)-4-piperidinyl.doc-N-phenylacetamide);

(2) Acetylmethadol;

(3) Allylprodine;

(4) Alphacetylmethadol, except levo‑alphacetylmethadol, also known as levo‑alpha‑acetylmethadol, levomethadyl acetate, or LAAM;

(5) Alphameprodine;

(6) Alphamethadol;

(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4‑piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(9) Benzethidine;

(10) Betacetylmethadol;

(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)‑4-piperidinyl]-N-phenylpropanamide);

(12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;

(13) Betameprodine;

(14) Betamethadol;

(15) Betaprodine;

(16) Clonitazene;

(17) Dextromoramide;

(18) Diampromide;

(19) Diethylthiambutene;

(20) Difenoxin;

(21) Dimenoxadol;

(22) Dimepheptanol;

(23) Dimethylthiambutene;

(24) Dioxaphetyl butyrate;

(25) Dipipanone;

(26) Ethylmethylthiambutene;

(27) Etonitazene;

(28) Etoxeridine;

(29) Furethidine;

(30) Hydroxypethidine;

(31) Ketobemidone;

(32) Levomoramide;

(33) Levophenacylmorphan;

(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide);

(35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(36) Morpheridine;

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(38) Noracymethadol;

(39) Norlevorphanol;

(40) Normethadone;

(41) Norpipanone;

(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);

(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(44) Phenadoxone;

(45) Phenampromide;

(46) Phenomorphan;

(47) Phenoperidine;

(48) Piritramide;

(49) Proheptazine;

(50) Properidine;

(51) Propiram;

(52) Racemoramide;

(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanaminde);

(54) Tilidine;

(55) Trimeperidine.

(b) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine, except hydrochloride salt;

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Morphine methylbromide;

(16) Morphine methylsulfonate;

(17) Morphine-N-Oxide;

(18) Myrophine;

(19) Nicocodeine;

(20) Nicomorphine;

(21) Normorphine;

(22) Pholcodine;

(23) Thebacon.

(c) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers:

(1) Alpha‑ethyltryptamine: Some trade or other names: Etryptamine; monase; a‑ethyl‑1H‑indole‑3‑ethanamine; 3‑(2‑aminobutyl) indole; a‑ET; and AET;

(2) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;

(3) 4‑bromo‑2,5‑dimethoxyphenethylamine: Some trade or other names: 2‑(4‑bromo‑2,5‑dimethoxyphenyl)‑1‑aminoethane; alpha-desmethyl DOB; 2C‑B, nexus;

(4) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;

(5) 2,5‑dimethoxy‑4‑ethylamphetamine (DOET);

(6) 2,5‑dimethoxy‑4‑(n)‑propylthiophenethylamine: Other name: 2C‑T‑7;

(7) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine, PMA;

(8) 5-methoxy-3,4-methylenedioxy-amphetamine;

(9) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";

(10) 3,4-methylenedioxy amphetamine;

(11) 3,4-methylenedioxymethamphetamine (MDMA);

(12) 3,4‑methylenedioxy‑N‑ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;

(13) N‑hydroxy‑3,4‑methylenedioxyamphetamine also known as N‑hydroxy‑alpha‑methyl‑3,4(methylenedioxy)phenethylamine,N-hydroxy MDA;

(14) 3,4,5-trimethoxy amphetamine;

(15) Alpha‑methyltryptamine: Other name: AMT;

(16) Bufotenine: Some trade or other names: 3-(beta-Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;

(17) Diethyltryptamine: Some trade or other names: N,N-Diethyltryptamine; DET;

(18) Dimethyltryptamine: Some trade or other names: DMT;

(19) 5‑methoxy‑N,N‑diisopropyltryptamine: Other name: 5‑MeO‑DIPT;

(20) Ibogaine: Some trade or other names: 7-Ethyl-6,6 beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2' 1,2) azepino (5,4-b) indole; Tabernanthe iboga;

(21) Lysergic acid diethylamide;

(22) Marihuana or marijuana, except for any marijuana concentrates, useable marijuana, or marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement;

(23) Mescaline;

(24) Parahexyl-7374: Some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;

(25) Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12));

(26) N-ethyl-3-piperidyl benzilate;

(27) N-methyl-3-piperidyl benzilate;

(28) Psilocybin;

(29) Psilocyn;

(30)(i) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, species, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

(((i))) (A) 1 - cis - or trans tetrahydrocannabinol, and their optical isomers, excluding tetrahydrocannabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration;

(((ii))) (B) 6 - cis - or trans tetrahydrocannabinol, and their optical isomers;

(((iii))) (C) 3,4 - cis - or trans tetrahydrocannabinol, and its optical isomers;

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

(ii) The term "tetrahydrocannabinols" does not include any marijuana concentrates, useable marijuana, or marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement;

(31) Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;

(32) Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;

(33) Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;

(34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy.

(d) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

(1) Gamma‑hydroxybutyric acid: Some other names include GHB; gamma‑hydroxybutyrate; 4‑hydroxybutyrate; 4‑hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;

(2) Mecloqualone;

(3) Methaqualone.

(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1) Aminorex: Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4, 5-dihydro-5‑phenly-2-oxazolamine;

(2) N‑Benzylpiperazine: Some other names: BZP,1‑benzylpiperazine;

(3) Cathinone, also known as 2‑amino‑1‑phenyl‑1‑propanone, alpha‑aminopropiophenone, 2‑aminopropiophenone and norephedrone;

(4) Fenethylline;

(5) Methcathinone: Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of optical isomers;

(6) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);

(7) N-ethylamphetamine;

(8) N,N-dimethylamphetamine: Some trade or other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.

The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW 69.50.201.

NEW SECTION.  Sec. 44.  A new section is added to chapter 69.50 RCW to read as follows:

(1) It is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, marijuana concentrates, useable marijuana, and marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement, except:

(a) As those activities are associated with the lawful operation as a licensed marijuana producer, processor, retailer, or retailer with a medical marijuana endorsement in compliance with this chapter and chapter 69.51A RCW;

(b) In association with the lawful operation of a cooperative established pursuant to, and operating in compliance with, section 26 of this act;

(c) Until July 1, 2016, in association with the lawful operation of a collection garden established pursuant to, and operating in compliance with RCW 69.51A.085; or

(d) As the activities of a designated provider or qualifying patient support the personal, medical use of a qualifying patient in compliance with section 27 of this act.

(2) Any person who violates this section is guilty of a class B felony.

NEW SECTION.  Sec. 45.  A new section is added to chapter 69.50 RCW to read as follows:

(1) It is unlawful for any person to possess marijuana concentrates, useable marijuana, and marijuana-infused products identified by the department in rules adopted pursuant to section 10(4) of this act as appropriate for sale to qualifying patients and designated providers in a retail outlet that holds a medical marijuana endorsement, unless:

(a) It is obtained and possessed by a designated provider or qualifying patient in an amount that does not exceed those authorized in section 19 of this act and the substance is obtained from:

(i) A licensed marijuana retailer or retailer with a medical marijuana endorsement operating in compliance with this chapter and chapter 69.51A RCW;

(ii) A cooperative established pursuant to, and operating in compliance with, section 26 of this act;

(iii) Until July 1, 2016, a collective garden established pursuant to, and operating in compliance with RCW 69.51A.085; or

(iv) The designated provider or qualifying patient in compliance with section 27 of this act; or

(b) It is obtained and possessed by a person in an amount that does not exceed those authorized in RCW 69.50.360 and was obtained from a licensed marijuana retailer or retailer with a medical marijuana endorsement operating in compliance with this chapter.

(2) Any person who violates this section is guilty of a class C felony.

Sec. 46.  RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read as follows:

 

TABLE 4

 

DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

III

Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.602

 

Controlled Substance Homicide (RCW 69.50.415)

 

Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

 

Involving a minor in drug dealing (RCW 69.50.4015)

 

Manufacture of methamphetamine (RCW 69.50.401(2)(b))

 

Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

 

Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

 

Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

 

Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

II

Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.4011)

 

Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))

 

Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)

 

Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))

 

Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))

 

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))

 

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))

 

Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

I

Forged Prescription (RCW 69.41.020)

 

Forged Prescription for a Controlled Substance (RCW 69.50.403)

 

Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c))

 

Manufacture, deliver, or possess with intent to deliver marijuana pursuant to section 44 of this act

 

Possesses marijuana pursuant to section 45 of this act

 

Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013)

 

Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013)

 

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

NEW SECTION.  Sec. 47.  All references to the Washington state liquor control board must be construed as referring to the Washington state liquor and cannabis board. The code reviser must prepare legislation for the 2016 legislative session changing all references in the Revised Code of Washington from the Washington state liquor control board to the Washington state liquor and cannabis board.

NEW SECTION.  Sec. 48.  The following acts or parts of acts are each repealed:

(1)RCW 69.51A.020 (Construction of chapter) and 2011 c 181 s 103 & 1999 c 2 s 3;

(2)RCW 69.51A.025 (Construction of chapter—Compliance with RCW 69.51A.040) and 2011 c 181 s 413;

(3)RCW 69.51A.047 (Failure to register or present valid documentation—Affirmative defense) and 2011 c 181 s 406;

(4)RCW 69.51A.070 (Addition of medical conditions) and 2007 c 371 s 7 & 1999 c 2 s 9;

(5)RCW 69.51A.090 (Applicability of valid documentation definition) and 2010 c 284 s 5;

(6)RCW 69.51A.140 (Counties, cities, towns—Authority to adopt and enforce requirements) and 2011 c 181 s 1102; and

(7)RCW 69.51A.200 (Evaluation) and 2011 c 181 s 1001.

NEW SECTION.  Sec. 49.  RCW 69.51A.085 (Collective gardens) and 2015 c ... s 32 (section 32 of this act) and 2011 c 181 s 403 are each repealed.

NEW SECTION.  Sec. 50.  Sections 12, 19, 20, 23 through 26, 31, 35, 40, and 49 of this act take effect July 1, 2016.

NEW SECTION.  Sec. 51.  Sections 21, 22, 32, and 33 of this act are necessary for the immediate preservation of the public health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

NEW SECTION.  Sec. 52.  This act takes effect on the dates provided in sections 50 and 51 of this act if House Bill No. 2136, or any subsequent version of House Bill No. 2136, is enacted into law by October 1, 2015."

 

Correct the title

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Rivers moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5052.

Senators Rivers, Keiser, Darneille and Hobbs spoke in favor of the motion.

Senators Dansel and Kohl-Welles spoke against the motion.

 

The President declared the question before the Senate to be the motion by Senator Rivers that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5052.

The motion by Senator Rivers carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5052 by voice vote.

 

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5052, as amended by the House.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5052, as amended by the House, and the bill passed the Senate by the following vote:   Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, Fain, Frockt, Habib, Hargrove, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler and Sheldon

Voting nay: Senators Benton, Chase, Dansel, Ericksen, Fraser, Hasegawa, Kohl-Welles and Warnick

SECOND SUBSTITUTE SENATE BILL NO. 5052, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 1115, by Representatives Dunshee, DeBolt, Gregerson, Morris and Reykdal

 

Concerning the capital budget.

 

The measure was read the second time.

 

MOTION

 

Senator Honeyford moved that the following committee striking amendment by the Committee on Ways & Means be adopted:

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

"NEW SECTION.  Sec. 1.  (1) A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2017, out of the several funds specified in this act.

(2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.

(a) "Fiscal year 2016" or "FY 2016" means the period beginning July 1, 2015, and ending June 30, 2016.

(b) "Fiscal year 2017" or "FY 2017" means the period beginning July 1, 2016, and ending June 30, 2017.

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

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

(3) Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

(4) The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. "Prior biennia" typically refers to the immediate prior biennium for reappropriations, but may refer to multiple biennia in the case of specific projects. A "future biennia" amount is an estimate of what may be appropriated for the project or program in the 2017-2019 biennium and the following three biennia; an amount of zero does not necessarily constitute legislative intent to not provide funding for the project or program in the future.

(5) "Reappropriations" in this act are appropriations and, unless the context clearly provides otherwise, are subject to the relevant conditions and limitations applicable to appropriations. Reappropriations shall be limited to the unexpended balances remaining on June 30, 2015, from the 2013-2015 biennial appropriations for each project.

 

PART 1

GENERAL GOVERNMENT

 

NEW SECTION.  Sec. 1001.  FOR THE SECRETARY OF STATE

Predesign for Archive/Library Construction of Lease (30000033)

The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for a predesign or modified predesign to determine construction or lease options for necessary archives and state library space. The predesign must consider projected efficiencies of electronic document storage in determining necessary space.

Appropriation:

State Building Construction Account—State           $100,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $100,000

NEW SECTION.  Sec. 1002.  FOR THE SECRETARY OF STATE

Minor Works (91000007)

Appropriation:

State Building Construction Account—State        $1,700,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,700,000

NEW SECTION.  Sec. 1003.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects (20064008)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 131, chapter 488, Laws of 2005.

Reappropriation:

State Building Construction Account—State           $434,000

Prior Biennia (Expenditures)                               $45,458,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $45,892,000

NEW SECTION.  Sec. 1004.  FOR THE DEPARTMENT OF COMMERCE

Rural Washington Loan Fund (20064010)

Reappropriation:

Rural Washington Loan Account—State               $2,383,000

Prior Biennia (Expenditures)                                 $1,744,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $4,127,000

NEW SECTION.  Sec. 1005.  FOR THE DEPARTMENT OF COMMERCE

Rural Washington Loan Fund (20074008)

Reappropriation:

Rural Washington Loan Account—State               $1,822,000

Prior Biennia (Expenditures)                                    $205,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,027,000

NEW SECTION.  Sec. 1006.  FOR THE DEPARTMENT OF COMMERCE

Housing Assistance, Weatherization, and Affordable Housing (20074009)

Reappropriation:

State Taxable Building Construction Account—

State                                                                        $1,405,000

Washington Housing Trust Account—State               $86,000

Subtotal Reappropriation                                       $1,491,000

Prior Biennia (Expenditures)                             $198,509,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $200,000,000

NEW SECTION.  Sec. 1007.  FOR THE DEPARTMENT OF COMMERCE

Job Development Fund Grants (20074010)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1032, chapter 520, Laws of 2007 and section 1005, chapter 36, Laws of 2010 1st sp. sess.

Reappropriation:

State Building Construction Account—State        $3,987,000

Prior Biennia (Expenditures)                               $44,943,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $48,930,000

NEW SECTION.  Sec. 1008.  FOR THE DEPARTMENT OF COMMERCE

Community Development Fund (20084850)

Reappropriation:

State Building Construction Account—State        $1,213,000

Prior Biennia (Expenditures)                               $19,703,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $20,916,000

NEW SECTION.  Sec. 1009.  FOR THE DEPARTMENT OF COMMERCE

Building for the Arts (30000006)

Reappropriation:

State Building Construction Account—State        $1,594,000

Prior Biennia (Expenditures)                                 $8,481,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $10,075,000

NEW SECTION.  Sec. 1010.  FOR THE DEPARTMENT OF COMMERCE

Housing Assistance, Weatherization, and Affordable Housing (30000013)

Reappropriation:

Washington Housing Trust Account—State             $276,000

Prior Biennia (Expenditures)                             $129,724,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $130,000,000

NEW SECTION.  Sec. 1011.  FOR THE DEPARTMENT OF COMMERCE

2010 Local and Community Projects (30000082)

The reappropriation in this section is subject to the following conditions and limitations: The projects must comply with RCW 43.63A.125 and other requirements for community projects administered by the department.

Reappropriation:

State Building Construction Account—State        $1,991,000

Prior Biennia (Expenditures)                               $11,431,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $13,422,000

NEW SECTION.  Sec. 1012.  FOR THE DEPARTMENT OF COMMERCE

Drinking Water State Revolving Fund Loan Program (30000095)

Reappropriation:

Drinking Water Assistance Account—State          $6,451,000

Drinking Water Assistance Repayment Account—State       

                                                                              $90,368,000

Subtotal Reappropriation                                     $96,819,000

Prior Biennia (Expenditures)                               $10,863,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $107,682,000

NEW SECTION.  Sec. 1013.  FOR THE DEPARTMENT OF COMMERCE

Community Economic Revitalization Board (30000097)

Reappropriation:

Public Facility Construction Loan Revolving Account—

State                                                                        $2,104,000

Prior Biennia (Expenditures)                                 $2,896,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1014.  FOR THE DEPARTMENT OF COMMERCE

Housing Assistance, Weatherization, Affordable Housing Trust Fund (30000098)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1026, chapter 49, Laws of 2011 1st sp. sess.

Reappropriation:

State Taxable Building Construction Acco

unt—State          $5,506,000

Prior Biennia (Expenditures)             $44,494,000

Future Biennia (Projected Costs)       $0

TOTAL              $50,000,000

NEW SECTION.  Sec. 1015.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Program (30000103)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1021, chapter 48, Laws of 2011 1st sp. sess.

Reappropriation:

Public Works Assistance Account—State           $90,734,000

Prior Biennia (Expenditures)                             $233,851,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $324,585,000

NEW SECTION.  Sec. 1016.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects (30000166)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1002, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $1,887,000

Prior Biennia (Expenditures)                               $14,930,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $16,817,000

NEW SECTION.  Sec. 1017.  FOR THE DEPARTMENT OF COMMERCE

Clean Energy Partnership (30000175)

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

(1) The reappropriation is provided solely for implementation of the recommendations of the clean energy leadership council by providing state matching funds for projects that:

(a) Integrate energy efficiency and renewable energy in buildings;

(b) Integrate renewable energy into the regional electrical grid;

(c) Advance bioenergy in the state.

(2) State funding must not exceed fifty percent of the total program or project funds.

(3) Eligible projects must:

(a) Involve a majority of companies that are located in Washington state;

(b) Represent a substantially new solution that is not widely available today; and

(c) Be designed to generate solutions that are applicable both inside and outside of the state.

Reappropriation:

Public Facility Construction Loan Revolving Account—

State                                                                        $4,538,000

Prior Biennia (Expenditures)                                    $962,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,500,000

NEW SECTION.  Sec. 1018.  FOR THE DEPARTMENT OF COMMERCE

Financing Energy/Water Efficiency (30000180)

Reappropriation:

Public Works Assistance Account—State             $4,886,000

Prior Biennia (Expenditures)                                    $114,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1019.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Program 2013 Loan List (30000184)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1016, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

Public Works Assistance Account—State           $82,786,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $82,786,000

NEW SECTION.  Sec. 1020.  FOR THE DEPARTMENT OF COMMERCE

Youth Recreational Facilities Grants (30000185)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1062, chapter 19, Laws of 2013 2nd sp. sess. provided that the "New Life Community Development Agency" project may be combined with the "New Life CDA" project in project number 30000188.

Reappropriation:

State Building Construction Account—State        $2,568,000

Prior Biennia (Expenditures)                                 $1,563,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $4,131,000

NEW SECTION.  Sec. 1021.  FOR THE DEPARTMENT OF COMMERCE

Building for the Arts Grants (30000186)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1063, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $3,301,000

Prior Biennia (Expenditures)                                 $6,903,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $10,204,000

NEW SECTION.  Sec. 1022.  FOR THE DEPARTMENT OF COMMERCE

Building Communities Fund Grants (30000188)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1072, chapter 19, Laws of 2013 2nd sp. sess. provided that the "New Life CDA" project may be combined with the "New Life Community Development Agency" project in project number 30000185.

Reappropriation:

State Building Construction Account—State        $2,692,000

Prior Biennia (Expenditures)                                 $2,587,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,279,000

NEW SECTION.  Sec. 1023.  FOR THE DEPARTMENT OF COMMERCE

Drinking Water State Revolving Fund Loan Program (30000189)

The reappropriations in this section are subject to the following conditions and limitations: For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.

Reappropriation:

Drinking Water Assistance Account—State          $4,400,000

Drinking Water Assistance Repayment Account—

State                                                                    $200,000,000

Subtotal Reappropriation                                   $204,400,000

Prior Biennia (Expenditures)                                 $8,800,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $213,200,000

NEW SECTION.  Sec. 1024.  FOR THE DEPARTMENT OF COMMERCE

Community Economic Revitalization Board (30000190)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1070, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Public Facility Construction Loan Revolving Account—

State                                                                        $5,052,000

Prior Biennia (Expenditures)                                 $3,948,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $9,000,000

NEW SECTION.  Sec. 1025.  FOR THE DEPARTMENT OF COMMERCE

Weatherization (30000192)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1076, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $4,291,000

Prior Biennia (Expenditures)                               $15,709,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $20,000,000

NEW SECTION.  Sec. 1026.  FOR THE DEPARTMENT OF COMMERCE

2013-2015 Energy Efficiency Grants (30000193)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1075, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State      $21,714,000

Prior Biennia (Expenditures)                                 $3,286,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $25,000,000

NEW SECTION.  Sec. 1027.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects (20084001)

Reappropriation:

State Building Construction Account—State           $113,000

Prior Biennia (Expenditures)                             $127,577,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $127,690,000

NEW SECTION.  Sec. 1028.  FOR THE DEPARTMENT OF COMMERCE

Renton Aerospace Training Center (30000724)

Reappropriation:

State Building Construction Account—State      $10,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $10,000,000

NEW SECTION.  Sec. 1029.  FOR THE DEPARTMENT OF COMMERCE

Weatherization (91000247)

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $5,313,000

Prior Biennia (Expenditures)                               $19,687,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $25,000,000

NEW SECTION.  Sec. 1030.  FOR THE DEPARTMENT OF COMMERCE

ARRA SEP Revolving Loans (30000725)

Appropriation:

Energy Recovery Act Account—State                  $2,500,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $10,000,000

TOTAL                                                                $12,500,000

NEW SECTION.  Sec. 1031.  FOR THE DEPARTMENT OF COMMERCE

Building for the Arts Program (30000731)

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

(1) The appropriation is subject to the provisions of RCW 43.63A.750.

(2) The appropriation is provided solely for the following list of projects:

Spokane children's theatre                                           $18,000

New music facilities at Seattle center                    $1,000,000

Admiral theatre renovation 2.0                                 $100,000

Kirkland arts center - capital improvements project               

                                                                                     $48,000

Uniontown creativity center addition and site

improvements                                                            $123,000

San Juan islands museum of art                                $650,000

KidsQuest children's museum - good to grow capital

campaign                                                                $2,000,000

Cornish playhouse                                                     $232,000

ACT theatre eagles auditorium restoration and renovation

                                                                                   $303,000

Music works northwest park 118 building renovation           

                                                                                     $64,000

TOTAL                                                                  $4,538,000

Appropriation:

State Building Construction Account—State        $4,538,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $21,600,000

TOTAL                                                                $26,138,000

NEW SECTION.  Sec. 1032.  FOR THE DEPARTMENT OF COMMERCE

Youth Recreational Facilities Program (30000792)

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

(1) The appropriation is subject to the provisions of RCW 43.63A.135.

(2) The appropriation is provided solely for the following list of projects:

Youth activity wing at the Tom Taylor family YMCA

                                                                                   $515,000

BGCB main club project                                        $1,200,000

BGCB hidden valley fieldhouse project                $1,200,000

Sultan boys & girls club                                            $340,000

Stanwood-Camano family YMCA                        $1,200,000

YMCA camp Terry environmental recreation center             

                                                                                   $500,000

Mukilteo boys & girls club                                    $1,200,000

Lummi youth wellness center renovation project

                                                                                $1,200,000

TOTAL                                                                  $7,355,000

Appropriation:

State Building Construction Account—State        $7,355,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $13,600,000

TOTAL                                                                $20,955,000

NEW SECTION.  Sec. 1033.  FOR THE DEPARTMENT OF COMMERCE

Building Communities Fund Program (30000803)

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

(1) The appropriation is subject to the provisions of RCW 43.63A.125.

(2) The appropriation is provided solely for the following list of projects:

Rainier Beach urban farm and wetlands                   $307,000

Whatcom county emergency food hub                     $575,000

Hopelink Redmond integrated services center      $2,400,000

Riverside drive building purchase                            $138,000

Centerforce                                                                  $98,000

Eritrean association community kitchen                     $58,000

Tonasket food bank building acquisition                    $22,000

Building for the future                                              $300,000

Entiat Valley community services resource center

                                                                                   $100,000

Pike market neighborhood center                             $500,000

Opportunity council renovation project                    $170,000

FareStart facility expansion to the Pacific tower      $438,000

Walla Walla community teen center                         $475,000

El Centro de la Raza community access & parking

improvements                                                            $600,000

Good ground capital campaign                                 $300,000

Renewed hope capital campaign                                 $66,000

Casa latina: A home for opportunity                         $150,000

Centerstone building renovation                            $1,500,000

PSRS office building conversion                              $212,000

Prairie oaks                                                                $200,000

Leschi center renovation                                        $1,000,000

TOTAL                                                                  $9,609,000

Appropriation:

State Building Construction Account—State        $9,609,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $40,000,000

TOTAL                                                                $49,609,000

NEW SECTION.  Sec. 1034.  FOR THE DEPARTMENT OF COMMERCE

Housing Trust Fund Appropriation (30000833)

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

(1) The appropriation in this section is provided solely for the department to award loans and grants on a competitive basis to affordable housing projects statewide that will produce, at a minimum, a total of 1,640 homes and 100 seasonal beds, in the following categories and amounts:

(a) For people with chronic mental illness, 275 homes;

(b) For homeless families with children or families with children at risk of homelessness, 500 homes;

(c) For people with disabilities, developmental disabilities, veterans, and others, 275 homes; of that number, a minimum of 100 must be for veterans;

(d) For homeless youth, 100 homes;

(e) For farmworkers, 100 homes and 100 seasonal beds;

(f) For seniors, 240 homes;

(g) For homes provided through home ownership programs, 150 homes.

(2) If upon review of completed applications, the department determines there are not adequate suitable projects in a category, the department may allocate funds to projects serving other low-income and special needs populations; however, those projects are located in an area with an identified need for the type of housing proposed.

(3) Grants for homes for families with children specified in subsection (1)(b) of this section must be for projects for which the affordable housing organization has developed agreements with the local school district to support school district recommended activities to improve educational outcomes for students living in the affordable housing facility. The agreements must include specific expectations of the parent or guardian to support the child's education.

Appropriation:

State Taxable Building Construction Account—State           

                                                                              $65,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                       $300,000,000

TOTAL                                                              $365,000,000

NEW SECTION.  Sec. 1035.  FOR THE DEPARTMENT OF COMMERCE

2015-2017 Community Economic Revitalization Board Program (30000834)

Appropriation:

Public Facility Construction Loan Revolving Account—

State                                                                      $10,600,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $28,000,000

TOTAL                                                                $38,600,000

NEW SECTION.  Sec. 1036.  FOR THE DEPARTMENT OF COMMERCE

Energy Efficiency Grants (92000244)

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

(1)(a) $24,500,000 for fiscal year 2016 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings, and for energy efficiency improvements to minor works and stand-alone projects at state-owned facilities that repair or replace existing building systems including but not limited to HVAC, lighting, insulation, windows, and other mechanical systems. Eligibility for this funding is dependent on an analysis using the office of financial management's life cycle cost tool that compares project design alternatives for initial and long-term cost-effectiveness. Assuming a reasonable return on investment, the cost to improve the project's energy efficiency compared to the original project request will be added to the project appropriation after construction bids are received. The department of commerce shall coordinate with the office of financial management to develop a process for project submittal, review, approval criteria, tracking project budget adjustments, and performance measures.

(b) At least ten percent of each competitive grant round must be awarded to small cities or towns with a population of five thousand or fewer residents.

(c) In each competitive round, the higher the leverage ratio of nonstate funding sources to state grant and the higher the energy savings, the higher the project ranking.

(2) $500,000 is provided solely for resource conservation managers in the department of enterprise services to coordinate with state agencies to assess and adjust existing building systems and operations to optimize the efficiency in use of energy and other resources in state-owned facilities. The department of commerce will oversee an interagency agreement with the department of enterprise services to fund the resource conservation managers.

Appropriation:

State Building Construction Account—State      $25,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $25,000,000

NEW SECTION.  Sec. 1037.  FOR THE DEPARTMENT OF COMMERCE

Weatherization Matchmaker Program (30000838)

Appropriation:

State Building Construction Account—State      $20,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $60,000,000

TOTAL                                                                $80,000,000

NEW SECTION.  Sec. 1038.  FOR THE DEPARTMENT OF COMMERCE

2015-2017 Drinking Water State Revolving Fund Loan Program (30000840)

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

(1) $4,400,000 of the drinking water assistance account for fiscal year 2016 and $4,400,000 of the drinking water assistance account for fiscal year 2017 is provided as state match for federal safe drinking water funds.

(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.

(3) The agency must encourage local government use of federally-funded drinking water infrastructure programs operated by the United States department of agriculture - rural development.

Appropriation:

Drinking Water Assistance Account—State     $135,000,000

Prior Biennia (Expenditures)                                             $0

Future Biennia (Projected Costs)                       $480,000,000

TOTAL                                                              $615,000,000

NEW SECTION.  Sec. 1039.  FOR THE DEPARTMENT OF COMMERCE

Energy Efficiency Grants for Local Governments (91000241)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 301, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $1,732,000

Prior Biennia (Expenditures)                               $16,268,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $18,000,000

NEW SECTION.  Sec. 1040.  FOR THE DEPARTMENT OF COMMERCE

Energy Efficiency Grants for Higher Education (91000242)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 307, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $5,077,000

Prior Biennia (Expenditures)                               $14,923,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $20,000,000

NEW SECTION.  Sec. 1041.  FOR THE DEPARTMENT OF COMMERCE

Public Works Pre-Construction Loan Program (91000319)

Reappropriation:

Public Works Assistance Account—State                $767,000

Prior Biennia (Expenditures)                                 $2,233,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,000,000

NEW SECTION.  Sec. 1042.  FOR THE DEPARTMENT OF COMMERCE

Housing for Families with Children (91000409)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 310, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $2,472,000

Prior Biennia (Expenditures)                                 $5,778,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $8,250,000

NEW SECTION.  Sec. 1043.  FOR THE DEPARTMENT OF COMMERCE

Housing for Seniors and People with Physical Disabilities (91000411)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 311, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State

                                                                                $4,350,000

Prior Biennia (Expenditures)                                 $5,316,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $9,666,000

NEW SECTION.  Sec. 1044.  FOR THE DEPARTMENT OF COMMERCE

Housing for People with Chronic Mental Illness (91000412)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1010, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                   $190,000

Prior Biennia (Expenditures)                                    $935,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,125,000

NEW SECTION.  Sec. 1045.  FOR THE DEPARTMENT OF COMMERCE

Housing for the Homeless (91000413)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1011, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $5,996,000

Prior Biennia (Expenditures)                               $22,948,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $28,944,000

NEW SECTION.  Sec. 1046.  FOR THE DEPARTMENT OF COMMERCE

Housing for Farmworkers (91000414)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1012, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $5,160,000

Prior Biennia (Expenditures)                                 $1,055,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $6,215,000

NEW SECTION.  Sec. 1047.  FOR THE DEPARTMENT OF COMMERCE

Housing for People At Risk of Homelessness (91000415)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 312, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                   $959,000

Prior Biennia (Expenditures)                                 $1,541,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,500,000

NEW SECTION.  Sec. 1048.  FOR THE DEPARTMENT OF COMMERCE

Housing for Low-Income Households (91000416)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1013, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State

                                                                                $2,689,000

Prior Biennia (Expenditures)                                    $293,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,982,000

NEW SECTION.  Sec. 1049.  FOR THE DEPARTMENT OF COMMERCE

2012 Local and Community Projects (91000417)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 302, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $1,889,000

Prior Biennia (Expenditures)                                 $7,734,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $9,623,000

NEW SECTION.  Sec. 1050.  FOR THE DEPARTMENT OF COMMERCE

Local and Community Projects 2012 (91000437)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1003, chapter 2, Laws of 2012 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $1,800,000

Prior Biennia (Expenditures)                                 $1,035,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,835,000

NEW SECTION.  Sec. 1051.  FOR THE DEPARTMENT OF COMMERCE

Pacific Medical Center (91000445)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for window repair, replacement, and weatherization.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $2,405,000

State Building Construction Account—State        $9,818,000

Subtotal Reappropriation                                     $12,223,000

Prior Biennia (Expenditures)                                 $7,777,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $20,000,000

NEW SECTION.  Sec. 1052.  FOR THE DEPARTMENT OF COMMERCE

Sand Point Building 9 (91000446)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1068, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $9,802,000

Prior Biennia (Expenditures)                                 $4,198,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $14,000,000

NEW SECTION.  Sec. 1053.  FOR THE DEPARTMENT OF COMMERCE

Mental Health Beds (91000447)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1071, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $3,644,000

Prior Biennia (Expenditures)                                 $1,356,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1054.  FOR THE DEPARTMENT OF COMMERCE

Housing for Homeless Veterans (91000455)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1065, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State

                                                                                $9,001,000

Prior Biennia (Expenditures)                                    $366,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $9,367,000

NEW SECTION.  Sec. 1055.  FOR THE DEPARTMENT OF COMMERCE

Housing for Farmworkers (91000457)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1066, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State

                                                                              $19,723,000

Prior Biennia (Expenditures)                                 $7,327,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $27,050,000

NEW SECTION.  Sec. 1056.  FOR THE DEPARTMENT OF COMMERCE

Housing for People with Developmental Disabilities (91000458)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1067, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Taxable Building Construction Account—State           

                                                                                $6,392,000

Prior Biennia (Expenditures)                                 $2,627,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $9,019,000

NEW SECTION.  Sec. 1057.  FOR THE DEPARTMENT OF COMMERCE

Housing for People with Chronic Mental Illness (91000459)

Reappropriation:

State Taxable Building Construction Account—State

                                                                                $5,735,000

Prior Biennia (Expenditures)                                    $329,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $6,064,000

NEW SECTION.  Sec. 1058.  FOR THE DEPARTMENT OF COMMERCE

Public Works Assistance Account Project Backfill (91000581)

Reappropriation:

State Building Construction Account—State        $3,263,000

Prior Biennia (Expenditures)                             $154,737,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $158,000,000

NEW SECTION.  Sec. 1059.  FOR THE DEPARTMENT OF COMMERCE

Clean Energy and Energy Freedom Program (91000582)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1074, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Energy Recovery Act Account—State                  $4,000,000

State Taxable Building Construction Account—State           

                                                                                $8,924,000

State Building Construction Account—State      $19,069,000

Subtotal Reappropriation                                     $31,993,000

Prior Biennia (Expenditures)                                 $8,007,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $40,000,000

NEW SECTION.  Sec. 1060.  FOR THE DEPARTMENT OF COMMERCE

Innovation Partnership Zones - Facilities and Infrastructure (92000089)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 309, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $3,725,000

Prior Biennia (Expenditures)                                 $9,795,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $13,520,000

NEW SECTION.  Sec. 1061.  FOR THE DEPARTMENT OF COMMERCE

Community Economic Revitalization Board Administered Economic Development, Innovation, and Export Grants (92000096)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 304, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $4,267,000

Public Works Assistance Account—State           $14,595,000

Subtotal Reappropriation                                     $18,862,000

Prior Biennia (Expenditures)                               $13,736,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $32,598,000

NEW SECTION.  Sec. 1062.  FOR THE DEPARTMENT OF COMMERCE

Main Street Improvement Grants (92000098)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 305, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

Public Works Assistance Account—State                $355,000

State Building Construction Account—State        $3,115,000

Subtotal Reappropriation                                       $3,470,000

Prior Biennia (Expenditures)                               $11,380,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $14,850,000

NEW SECTION.  Sec. 1063.  FOR THE DEPARTMENT OF COMMERCE

Brownfield Redevelopment Grants (92000100)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for redevelopment of the Bellingham waterfront.

Reappropriation:

Local Toxics Control Account—State                   $1,194,000

Prior Biennia (Expenditures)                                    $306,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,500,000

NEW SECTION.  Sec. 1064.  FOR THE DEPARTMENT OF COMMERCE

Port and Export Related Infrastructure (92000102)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 306, chapter 1, Laws of 2012 2nd sp. sess.

Reappropriation:

State Building Construction Account—State      $13,603,000

Prior Biennia (Expenditures)                               $19,547,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $33,150,000

NEW SECTION.  Sec. 1065.  FOR THE DEPARTMENT OF COMMERCE

Projects for Jobs and Economic Development (92000151)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1077, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Public Facility Construction Loan Revolving

Account—State                                                      $7,100,000

State Building Construction Account—State      $22,256,000

Subtotal Reappropriation                                     $29,356,000

Prior Biennia (Expenditures)                                 $7,753,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $37,109,000

NEW SECTION.  Sec. 1066.  FOR THE DEPARTMENT OF COMMERCE

Projects that Strengthen Youth and Families (92000227)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1079, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State      $12,695,000

Prior Biennia (Expenditures)                                 $6,982,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $19,677,000

NEW SECTION.  Sec. 1067.  FOR THE DEPARTMENT OF COMMERCE

Projects that Strengthen Communities and Quality of Life (92000230)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1078, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Environmental Legacy Stewardship Account—State

                                                                                   $395,000

State Building Construction Account—State      $23,372,000

Subtotal Reappropriation                                     $23,767,000

Prior Biennia (Expenditures)                                 $9,361,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $33,128,000

NEW SECTION.  Sec. 1068.  FOR THE DEPARTMENT OF COMMERCE

Building Communities Fund Grants (30000102)

Reappropriation:

State Building Construction Account—State        $1,534,000

Prior Biennia (Expenditures)                               $12,830,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $14,364,000

NEW SECTION.  Sec. 1069.  FOR THE DEPARTMENT OF COMMERCE

Grants to Improve Safety and Access at Fairs (92000245)

Appropriation:

State Building Construction Account—State        $3,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,000,000

NEW SECTION.  Sec. 1070.  FOR THE DEPARTMENT OF COMMERCE

Local Government Infrastructure Grants (92000246)

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

(1) The department may not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.

(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.

(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.

(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.

(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).

(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.

(7) The appropriation is provided solely for the following list of projects:

Basin 3 sewer rehabilitation                                   $1,500,000

Bonney Lake SR 410 - 214th Ave E intersection

improvements                                                         $5,200,000

Brewster reservoir replacement                             $1,500,000

Camas NW 6th Ave rehabilitation                         $1,900,000

City of Olympia - Percival landing renovation      $1,000,000

City of Pateros water system                                  $2,175,000

Cross Kirkland corridor trail connection 52nd St                   

                                                                                $1,069,000

Duvall SR 203 safety improvements & road reconstruction Coe

Clemens creek                                                        $1,500,000

Grays Harbor navigation improvement project     $4,500,000

Kahlotus highway sewer force main                      $2,500,000

Kelso Yew street reconstruction                            $1,410,000

Kennewick southridge area infrastructure development         

                                                                                $4,000,000

Longview Washington way bridge replacement

                                                                                $1,380,000

Main street revitalization project                           $1,800,000

Marine terminal rail investments                           $1,000,000

Mason county Belfair wastewater system rate relief              

                                                                                $1,500,000

Oak Harbor clean water facility                             $2,500,000

Okanogan emergency communications                    $400,000

Othello SR 24 industrial area sewer system improvements $3,000,000

Port of Sunnyside demolish the Carnation building               

                                                                                   $450,000

Quincy water reuse                                                $2,000,000

Redmond downtown park                                      $3,000,000

Redondo boardwalk repairs                                   $2,000,000

Rockford wastewater treatment                             $1,200,000

Snoqualmie riverfront project, phase 1                  $1,520,000

South 228th street inter-urban trail connector          $500,000

Steilacoom sentinel way repairs                                $450,000

Sunland water district water metering                      $325,000

Tulalip water pipeline, (final of 8 segments)         $1,000,000

Vancouver, Columbia waterfront project              $2,500,000

Waitsburg main street bridge replacement            $1,700,000

Walla Walla AMI water meter replacement          $3,000,000

Water reservoir and transmission main                     $500,000

White River restoration project                                 $850,000

WSU LID frontage - local and economic benefits                  

                                                                                   $500,000

Total                                                                     $61,329,000

Appropriation:

State Building Construction Account—State      $61,329,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $61,329,000

NEW SECTION.  Sec. 1071.  FOR THE DEPARTMENT OF COMMERCE

Grant for Communities (92000283)

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

(1) The department may not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.

(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.

(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.

(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.

(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).

(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.

(7) The appropriations for the Lake Chelan land use plan is provided for costs relating to conducting a facilitated community process regarding future land uses for agriculture, tourism, recreation, residential, commercial, and other uses around Lake Chelan. This appropriation requires that at least $75,000 in additional funds be secured as matching funds for this purpose. The facilitated community process must include broad public and stakeholder participation.

(8) $1,500,000 of the appropriation in this section is provided solely for the Fairchild air force base protection and community empowerment project. Of that amount, $200,000 is provided for the purchase of twenty acres of land for development of affordable housing. The remaining $1,300,000 is provided for the county's purchase of mobile home parks in order to reduce the use of the accident potential zone for residential purposes. If the county subsequently rezones, develops, and leases the mobile home park property for commercial or industrial uses contrary to the allowed uses in the accident potential zone, the county must repay to the state the $1,300,000 appropriation in its entirety within ten years.

(9) The appropriation is provided solely for the following list of projects:

All-accessible destination playground                      $500,000

Bellevue downtown park inspiration playground and Sensory

Garden Project                                                       $1,000,000

Brookville gardens                                                 $1,200,000

Carnegie library improvements for the rapid recidivism

reduction program                                                     $500,000

Cavelero park - regional park facility/skateboard park

                                                                                   $500,000

CDM caregiving services: Clark county aging resource

center                                                                      $1,200,000

Chambers creek regional park pier extension and moorage $1,000,000

City of La Center parks & rec community center

                                                                                $1,500,000

Classroom door barricade-nightlock                           $45,000

Corbin senior center elevator                                      $50,000

Dekalb street pier                                                      $500,000

Dr. Sun Yat Sen memorial statue                                $10,000

Drug abuse and prevention center - Castle Rock        $96,000

Mukilteo tank farm clean-up                                     $250,000

Edmonds senior & community center                    $1,000,000

Fairchild air force base protection and community

empowerment project                                             $1,500,000

Federal Way PAC center                                          $750,000

Algona senior center                                                 $500,000

Pacific community center                                         $250,000

Filipino community of Seattle village (innovative learning

center)                                                                    $1,200,000

Gilda club repairs                                                      $800,000

Gordon family YMCA                                           $2,000,000

Granite Falls boys & girls                                      $1,000,000

Historic renovation Maryhill museum                   $1,047,000

Kent east hill YMCA                                                $500,000

Lake Chelan land use plan                                          $75,000

LeMay car museum ADA access improvements      $500,000

Lyman city park renovation                                      $167,000

McAllister museum                                                   $660,000

Mercy housing and health center at Sand Point     $1,250,000

Meridian center for health                                      $2,500,000

Mountains to Sound Greenway Tiger mountain state forest

access improvements                                                $300,000

Mukilteo boys & girls club                                       $800,000

New Shoreline medical-dental clinic                     $1,500,000

Nordic heritage museum                                        $2,000,000

North Kitsap fishline food bank                                $500,000

Northwest native canoe center project                      $250,000

Opera house ADA elevator                                       $357,000

Orcas Island library expansion                               $1,400,000

Perry technical school                                            $1,000,000

Port of Centralia - Centralia station phase 2             $500,000

Renovate senior center                                              $400,000

Support, advocacy & resource center for victims of

violence                                                                     $750,000

SE Seattle financial & economic opportunity center

                                                                                $2,000,000

SeaTac international marketplace & transit-oriented

community                                                                $750,000

Spokane women's club                                              $300,000

Stan & Joan Cross park                                          $1,000,000

Stilly Valley youth project Arlington B&G club

                                                                                $2,242,000

Sunset neighborhood park                                      $1,500,000

The salvation army Clark county: Corps community center $1,200,000

Twin bridges museum rehab Lyle Wa                        $65,000

Thurston county food bank phase 2                          $500,000

Tri-tech skills center core growth                             $325,000

Vantage point senior apartments                            $2,000,000

Veteran shelter at surplus western state hospital

building                                                                     $600,000

Washougal roof repair                                               $350,000

Yakima SunDome                                                  $2,500,000

Yelm community center                                            $500,000

Yelm senior center                                                      $80,000

Youth wellness campus gymnasium renovation                     

                                                                                $1,000,000

Total                                                                     $50,719,000

Appropriation:

State Building Construction Account—State      $50,719,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $50,719,000

NEW SECTION.  Sec. 1072.  FOR THE DEPARTMENT OF COMMERCE

Community Behavioral Health Bed - Acute & Residential (92000344)

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

(1) The appropriation in this section is provided solely for the department of commerce, in collaboration with the department of social and health services, to issue grants to hospitals or other entities to establish new community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities with sixteen or fewer beds for the purpose of providing short-term detention services through the publicly funded mental health system. Funds may be used for construction and equipment costs associated with establishment of the community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities. These funds may not be used for operating costs associated with the treatment of patients using these services. The department shall establish criteria and requirements for the issuance of grants and priority must be given to those proposals to establish new community hospital inpatient psychiatric beds or free-standing evaluation and treatment facilities in areas of the state with the greatest unmet need for acute mental health treatment services. The criteria must include:

(a) Evidence that the application was developed in collaboration with one or more regional support networks, as defined in RCW 71.24.025;

(b) Evidence that the applicant has assessed and would meet gaps in geographical access to short-term detention services under chapter 71.05 RCW in their region;

(c) A commitment by applicants to serve persons who are publicly funded and persons detained under the involuntary treatment act under chapter 71.05 RCW;

(d) A commitment by the applicant to maintain the beds or facility for at least a ten-year period;

(e) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;

(f) A detailed estimate of the costs associated with opening the beds; and

(g) The applicant's commitment to work with local courts and prosecutors to ensure that prosecutors and courts in the area served by the hospital or facility will be available to conduct involuntary commitment hearings and proceedings under chapter 71.05 RCW.

(2) To accommodate the emergent need for inpatient psychiatric services, the department of health and the department of commerce, in collaboration with the department of social and health services shall establish a concurrent and expedited process for the purpose of grant applicants meeting any applicable regulatory requirements necessary to operate inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities.

(3) $18,000,000 is provided for the following list of projects:

Cascade mental health                                            $3,000,000

Woodmont recovery center                                    $5,000,000

Parkside conversion to behavioral health beds      $4,000,000

Navos behavioral health center for children, youth &

families                                                                   $2,000,000

Central Washington comprehensive mental health                 

                                                                                $2,000,000

Multicare-Fransciscan joint venture                      $2,000,000

Appropriation:

State Building Construction Account—State      $30,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $30,000,000

NEW SECTION.  Sec. 1073.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Cowlitz River Dredging (20082856)

Reappropriation:

State Building Construction Account—State           $246,000

Prior Biennia (Expenditures)                                 $1,254,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,500,000

NEW SECTION.  Sec. 1074.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Catastrophic Flood Relief (20084850)

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

(1) Up to $26,800,000 of the appropriation is for advancing the long-term strategy for the Chehalis basin projects to reduce flood damage and restore aquatic species including a programmatic environmental impact statement, data collection, engineering design of future construction projects, feasibility analysis, and engagement of state agencies, tribes, and other parties.

(2) Up to $23,200,000 of the appropriation is for construction of local priority flood protection and habitat restoration projects.

(3) Up to one percent of the appropriation provided in this section may be used by the recreation and conservation office to administer contracts associated with the subprojects funded through this section. Contract administration includes, but is not limited to: Drafting and amending contracts, reviewing and approving invoices, tracking expenditures, and performing field inspections to assess project status when conducting similar assessments related to other agency contracts in the same geographic area.

Reappropriation:

State Building Construction Account—State      $12,484,000

Appropriation:

State Building Construction Account—State      $50,000,000

Prior Biennia (Expenditures)                               $25,203,000

Future Biennia (Projected Costs)                       $120,000,000

TOTAL                                                              $207,687,000

NEW SECTION.  Sec. 1075.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Statewide Master Plan for Museums and Historical Societies (30000044)

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

(1) The appropriation is provided solely for developing a master plan for museums and research facilities to address the statewide need for providing storage, research, and display space for collections of art and artifacts, archaeological research materials, DNA tissue samples, tribal artifacts, and other related items of an historical nature.

(2) The office of financial management will identify the following: (a) Types of space needed to store, research, and display items and collections depending on types of items; (b) an inventory of existing spaces that the state may utilize to fill storage, research, and display needs; (c) recommendations regarding the highest and best use of the capital museum in Olympia; (d) collections and other state assets that may be divested or transferred to more appropriate entities for storage, research, and display; (e) database systems used or needed to inventory collections of items of an historical nature and the ability to display those collections on the internet; and (f) other items related to the storage, research, and display of collections of an historical nature.

(3) The office of the financial management or its contractor must consult with the following agencies in developing the statewide master plan for museums and research centers: (a) The Washington state historical society; (b) state parks and recreation; (c) the burke museum; (d) the eastern Washington state historical society; and (e) other entities as necessary.

(4) The office of financial management must present the statewide museum master plan to the house of representatives capital budget committee and the senate ways and means committee by December 31, 2015.

Appropriation:

Enterprise Services Account—State                         $250,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $250,000

NEW SECTION.  Sec. 1076.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Office of Financial Management Capital Budget Staff (30000045)

Appropriation:

State Building Construction Account—State        $1,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $4,000,000

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1077.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Oversight of State Facilities (30000046)

Appropriation:

State Building Construction Account—State        $2,080,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $8,320,000

TOTAL                                                                $10,400,000

NEW SECTION.  Sec. 1078.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Construction Contingency Pool (90000300)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the department of corrections, the department of social and health services, the department of enterprise services, the criminal justice training commission, the department of veterans affairs, and the department of fish and wildlife. Eligible construction projects are only projects that had cost reductions as kept on file with the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.

Appropriation:

State Building Construction Account—State        $8,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $8,000,000

NEW SECTION.  Sec. 1079.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Emergency Repairs (90000301)

The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected building or grounds failures that will impact public health and safety and the day-to-day operations of the facility. To be eligible for funds from the emergency repair pool, an emergency declaration signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The emergency declaration must include a description of the health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of other funding that may be applied to the project. For emergencies occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting emergency funds from the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as emergency projects are approved for funding.

Appropriation:

State Building Construction Account—State        $5,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1080.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Emergency Repair Pool for K-12 Public Schools (90000302)

The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected and imminent health and safety hazards at K-12 public schools, including skill centers, that will impact the day-to-day operations of the school facility. To be eligible for funds from the emergency repair pool, an emergency declaration must be signed by the school district board of directors and the superintendent of public instruction, and submitted to the office of financial management for consideration. The emergency declaration must include a description of the imminent health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of local funding to be applied to the project. Grants of emergency repair moneys must be conditioned upon the written commitment and plan of the school district board of directors to repay the grant with any insurance payments or other judgments that may be awarded, if applicable. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and the senate ways and means committee as emergency projects are approved for funding.

Appropriation:

State Building Construction Account—State        $5,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1081.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Chehalis River Basin Flood Relief Projects (91000398)

Reappropriation:

State Building Construction Account—State           $206,000

Prior Biennia (Expenditures)                                 $4,794,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 1082.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Construction Contingency Pool (91000428)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1091, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State        $1,875,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,875,000

NEW SECTION.  Sec. 1083.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Culverts in Three State Agencies (92000004)

Reappropriation:

State Building Construction Account—State        $4,516,000

Prior Biennia (Expenditures)                                 $2,484,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $7,000,000

NEW SECTION.  Sec. 1084.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Two Capital Studies - Equipment Benchmarks & School Space Survey (92000010)

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

The appropriation is for the following capital budget studies:

(1) The office of financial management shall submit a higher education capital project equipment cost study to the governor and the appropriate legislative fiscal committees by December 1, 2015. The study must include benchmarks for standard ranges of fixed and nonfixed equipment expenditures in different types of facilities, an examination of alternatives for financing equipment costs where the equipment has a life expectancy that is less than the length of bond financing. The alternative analysis must include a life-cycle cost analysis of the competing alternatives to determine the most cost-effective options to the state bond and general fund budget.

(2)(a) The office of financial management must submit a report to the governor, the office of the superintendent of public instruction and the appropriate committees of the legislature by September 1, 2016, regarding the space allocations in public schools. The report must show the results of a survey of actual square footage in a significant stratified sample of public schools.

(b) The survey must determine actual square footage devoted to:

(i) Classrooms including, but not limited to, labs, shops, computer rooms, art, and music classrooms. For this purpose, a music classroom is not a room designed to seat an audience;

(ii) Libraries;

(iii) Cafeteria and kitchen space;

(iv) Gymnasiums, locker rooms, and other indoor athletic facilities;

(v) Auditoriums and other performing arts space;

(vi) Administrative offices, and space used primarily by staff; and

(vii) Bathrooms, general circulation, mechanical rooms, and the balance of the total facility square footage;

(b) The survey must sample a valid sample of:

(i) Elementary, middle, and high schools;

(ii) In urban, suburban, and rural communities;

(iii) In districts with low, average, and high property values; and

(iv) Schools of various ages.

(3) The survey may access school mapping data if square footage can accurately be determined.

(4) The survey results must be compared to data in the inventory and condition of schools system maintained by the office of the superintendent of public instruction. A report of significant variance between the two sets of data must be included in the report and the inventory and condition of schools must be corrected.

Appropriation:

State Building Construction Account—State           $750,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $750,000

NEW SECTION.  Sec. 1085.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Appropriations to Public Works Account for Previously Authorized Loans (92000011)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for expenditure into the public works assistance account—state. The office of financial management will consult with the state treasurer's office to determine the timing of the expenditures into the public works assistance account to return it to a positive balance and accommodate authorized expenditures and transfers from the account.

Appropriation:

State Building Construction Account—State    $140,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                              $140,000,000

NEW SECTION.  Sec. 1086.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

East Plaza - Water Infiltration and Elevator Repairs (30000548)

Reappropriation:

State Building Construction Account—State           $500,000

Prior Biennia (Expenditures)                                 $2,603,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,103,000

NEW SECTION.  Sec. 1087.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

NRB Garage Fire Suppression System Repairs (30000578)

Reappropriation:

State Building Construction Account—State           $500,000

Prior Biennia (Expenditures)                                 $1,738,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,238,000

NEW SECTION.  Sec. 1088.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Minor Works Preservation (30000635)

Reappropriation:

State Building Construction Account—State        $1,477,000

Thurston County Capital Facilities Account—State

                                                                                   $501,000

Subtotal Reappropriation                                       $1,978,000

Prior Biennia (Expenditures)                                 $2,050,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $4,028,000

NEW SECTION.  Sec. 1089.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

NRB Garage Fire Suppression Systems and Critical Repairs (30000719)

Appropriation:

State Building Construction Account—State        $8,077,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $1,516,000

TOTAL                                                                  $9,593,000

NEW SECTION.  Sec. 1090.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Highway License Building - Carpet Replacement (30000720)

Appropriation:

Thurston County Capital Facilities Account—State               

                                                                                $1,774,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,774,000

NEW SECTION.  Sec. 1091.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Minor Works Preservation (30000722)

Appropriation:

Thurston County Capital Facilities Account—State               

                                                                                   $379,000

State Building Construction Account—State        $6,979,000

Subtotal Appropriation                                           $7,358,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $19,000,000

TOTAL                                                                $26,358,000

NEW SECTION.  Sec. 1092.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Old Capitol - Exterior and Interior Repairs (30000724)

Appropriation:

Thurston County Capital Facilities Account—State               

                                                                                $1,000,000

State Building Construction Account—State        $2,000,000

Subtotal Appropriation                                           $3,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,000,000

NEW SECTION.  Sec. 1093.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Modular Building - Critical Repairs and Upgrades (30000725)

The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.

Appropriation:

Thurston County Capital Facilities Account—State

                                                                                   $100,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $100,000

NEW SECTION.  Sec. 1094.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Dolliver - Critical Building Repairs (30000726)

The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.

Appropriation:

Enterprise Services Account—State                           $50,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                       $50,000

NEW SECTION.  Sec. 1095.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

West Campus Historic Buildings Exterior Preservation (30000727)

Appropriation:

Thurston County Capital Facilities Account—State

                                                                                   $100,000

State Building Construction Account—State        $3,860,000

Subtotal Appropriation                                           $3,960,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,960,000

NEW SECTION.  Sec. 1096.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Temple of Justice Building Systems Renewal and Upgrades (30000729)

Appropriation:

Thurston County Capital Facilities Account—State

                                                                                $1,500,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,500,000

NEW SECTION.  Sec. 1097.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Campus Heating Systems Repairs - Phase 1 (30000730)

Appropriation:

State Building Construction Account—State        $2,727,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,727,000

NEW SECTION.  Sec. 1098.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

East Campus Chilled Water Loop (30000735)

Appropriation:

State Building Construction Account—State           $750,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $7,085,000

TOTAL                                                                  $7,835,000

NEW SECTION.  Sec. 1099.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Court Major Exterior and Building Systems Renewal (30000738)

The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.

Appropriation:

Enterprise Services Account—State                         $150,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $1,220,000

TOTAL                                                                  $1,370,000

NEW SECTION.  Sec. 1100.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Lake Longterm Management Planning (30000740)

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

(1) The appropriation is provided solely for the development of a conceptual plan for the future of Capitol Lake and the Deschutes Estuary that is designed to meet multiple objectives, including achieving broad community support and preliminary commitments from state and local funding sources to share costs. The appropriation must be used to develop a financially feasible conceptual plan, including general cost estimates, which incorporate, and achieve compromise between key features of the most widely discussed concepts.

(2) The plan must address these multiple objectives:

(a) Some improvement of estuary functions and fish habitat;

(b) Retention of portions of the northern portion of the lake, in accordance with the historic features of the Capitol campus design;

(c) Improvement of water quality of the lake sufficient to expand water-related recreation opportunities, which improvement strategies shall take into account information gathered to date through the department of ecology's Deschutes river TMDL study, storm water runoff from Interstate 5 and State Route No. 101, and from Olympia and Tumwater and Thurston county sources;

(d) A conceptual plan for shared financing of the plan between state and local agencies, based on both benefits received and liabilities contributed, potentially using the state's lake management district legislation as a model, together with an assessment of whether federal funds might be available; and

(e) A conceptual plan for shared governance.

(3) Public input must be sought as the plan is developed.

(4) The plan must be submitted to the state capitol committee and appropriate committees of the legislature by November 1, 2017.

Appropriation:

Enterprise Services Account—State                         $250,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $250,000

NEW SECTION.  Sec. 1101.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Engineering and Architectural Services: Staffing (30000762)

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

(1) The appropriation in this section is provided solely for architectural and engineering services to manage public works contracting for all state facilities pursuant to RCW 43.19.450.

(2) The service charge is increased from 2.15 percent to 2.27 percent of total project costs to reduce the number of projects assigned to each manager. The intended results of the increased fee are improved accountability, reduced project delays, and reduced the number and cost of change orders. At the end of each fiscal year, the department must report to the office of financial management and the fiscal committees of the legislature on performance improvements resulting from the increased management fee, including the following:

(a) The number of projects managed by each manager compared to previous biennia;

(b) Projects that were not completed on schedule and the reasons for delays; and

(c) The number and cost of the change orders and the reason for each change order.

(3) If the director of the department of enterprise services, in consultation with the office of financial management, determines that it is in the best interest of the state for the former northern state hospital property to be annexed by the city of Sedro-Woolley, the architect and engineering staff must prepare the appropriate documents to support such an annexation. The legislature confirms that the director has such authority under chapter 35A.14 RCW.

(4) From within the amount provided in the appropriation, the department must consult with one or more architectural firms with extensive experience with projects involving the renovation and reuse of historic buildings to develop conceptual options for the reuse and renovation of the general administration building. The department must submit a brief report on those conceptual options by December 1, 2015.

Appropriation:

State Building Construction Account—State      $16,200,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $62,052,000

TOTAL                                                                $78,252,000

NEW SECTION.  Sec. 1102.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Campus Steam System and Chiller Upgrades (91000014)

The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1106, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

Thurston County Capital Facilities Account—State               

                                                                                $1,074,000

State Building Construction Account—State        $1,802,000

Subtotal Reappropriation                                       $2,876,000

Prior Biennia (Expenditures)                                 $1,121,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,997,000

NEW SECTION.  Sec. 1103.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Archives Building and Capitol Court HVAC Upgrades (91000015)

The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1107, chapter 19, Laws of 2013 2nd sp. sess.

Reappropriation:

State Building Construction Account—State             $70,000

Prior Biennia (Expenditures)                                    $930,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,000,000

NEW SECTION.  Sec. 1104.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Update Predesign for Newhouse Replacement (92000009)

Appropriation:

State Building Construction Account—State             $75,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                       $75,000

NEW SECTION.  Sec. 1105.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Feasibility Study for Restoring Skylights in Legislative Building (92000010)

The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for a study to determine the feasibility and requirements of replacing the materials covering the original skylight openings that are located above the house of representatives and senate chambers in the legislative building with safety glass to allow as much natural light as possible into the chambers as originally intended. The study must determine the cost, including the relocation of existing equipment; the impact upon the sound, HVAC system(s) and light levels within each chamber; any other requirements needed to replace the materials with safety glass; and an estimated schedule needed for the work. The replacement glass must be of a quality that will provide for a reasonable assurance of safety in the event of an earthquake.

Appropriation:

State Building Construction Account—State           $125,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $125,000

NEW SECTION.  Sec. 1106.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capitol Campus Utility Renewal Plan (92000012)

The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for assessing the current condition of underground utilities on the Capitol campus and developing a plan of renewal that stages the work so that the systems and segments at highest risk of failure are replaced or repaired in a sequence of work that is the most cost effective. The plan must be submitted to the appropriate committees of the legislature by October 1, 2016.

Appropriation:

State Building Construction Account—State           $650,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $650,000

NEW SECTION.  Sec. 1107.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Capital Furnishings Preservation Committee Projects (92000013)

Appropriation:

State Building Construction Account—State             $68,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                       $68,000

NEW SECTION.  Sec. 1108.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

Expansion of Legislative Gift Center (92000014)

The appropriation in this section is provided solely for building modifications and space improvements required for the purpose of expanding the retail space allocated to the legislative gift center created in chapter 44.73 RCW in the legislative building. The department of enterprise services, the office of legislative support services and the senate shall cooperate to accomplish this expansion within the existing space allocations, up to and including the use of all or part of room 112, on the first floor of the legislative building no later than October 30, 2015.

Appropriation:

State Building Construction Account—State           $150,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $150,000

NEW SECTION.  Sec. 1109.  FOR THE MILITARY DEPARTMENT

Pierce County Readiness Center (30000593)

Reappropriation:

Military Department Capital Account—State       $2,758,000

State Building Construction Account—State        $3,269,000

General Fund—Federal                                        $24,876,000

Subtotal Reappropriation                                     $30,903,000

Prior Biennia (Expenditures)                                 $2,698,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $33,601,000

NEW SECTION.  Sec. 1110.  FOR THE MILITARY DEPARTMENT

Thurston County Readiness Center (30000594)

Reappropriation:

State Building Construction Account—State        $2,750,000

Appropriation:

State Building Construction Account—State        $7,883,000

General Fund—Federal                                        $34,207,000

Subtotal Appropriation                                         $42,090,000

Prior Biennia (Expenditures)                                      $50,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $44,890,000

NEW SECTION.  Sec. 1111.  FOR THE MILITARY DEPARTMENT

Washington Youth Academy Platoon Dormitory (30000599)

Appropriation:

State Building Construction Account—State        $3,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,000,000

NEW SECTION.  Sec. 1112.  FOR THE MILITARY DEPARTMENT

Minor Works Preservation - 2013-2015 Biennium (30000602)

Reappropriation:

State Building Construction Account—State           $307,000

General Fund—Federal                                          $1,082,000

Subtotal Reappropriation                                       $1,389,000

Prior Biennia (Expenditures)                                 $3,837,000

Future Biennia (Projected Costs)                           $2,500,000

TOTAL                                                                  $7,726,000

NEW SECTION.  Sec. 1113.  FOR THE MILITARY DEPARTMENT

Minor Works Program - 2013-2015 Biennium (30000605)

Reappropriation:

General Fund—Federal                                          $8,893,000

Prior Biennia (Expenditures)                                 $4,032,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $12,925,000

NEW SECTION.  Sec. 1114.  FOR THE MILITARY DEPARTMENT

Minor Works Preservation - 2015-2017 Biennium (30000702)

Appropriation:

State Building Construction Account—State        $5,110,000

General Fund—Federal                                          $7,488,000

Subtotal Appropriation                                         $12,598,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $12,598,000

NEW SECTION.  Sec. 1115.  FOR THE MILITARY DEPARTMENT

Minor Works Program - 2015-2017 Biennium (30000744)

Appropriation:

State Building Construction Account—State        $5,663,000

General Fund—Federal                                        $15,953,000

Subtotal Appropriation                                         $21,616,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $21,616,000

NEW SECTION.  Sec. 1116.  FOR THE MILITARY DEPARTMENT

Montesano Readiness Center Roof Replacement and Tenant Improvements (30000805)

Appropriation:

General Fund—Federal                                          $1,500,000

State Building Construction Account—State        $3,750,000

Subtotal Appropriation                                           $5,250,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,250,000

NEW SECTION.  Sec. 1117.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Historic Courthouse Preservation Grants (92000001)

Reappropriation:

State Building Construction Account—State        $1,696,000

Prior Biennia (Expenditures)                                    $304,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,000,000

NEW SECTION.  Sec. 1118.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Heritage Barn Preservation Program (92000002)

Reappropriation:

State Building Construction Account—State           $256,000

Prior Biennia (Expenditures)                                    $244,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $500,000

NEW SECTION.  Sec. 1119.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Heritage Barn Preservation Program (30000009)

Appropriation:

State Building Construction Account—State           $450,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $2,000,000

TOTAL                                                                  $2,450,000

NEW SECTION.  Sec. 1120.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Historic County Courthouse Grants Program (30000010)

Appropriation:

State Building Construction Account—State        $3,597,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,597,000

NEW SECTION.  Sec. 1121.  FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

Omnibus Minor Works (30000017)

Appropriation:

State Building Construction Account—State           $456,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $456,000

 

PART 2

HUMAN SERVICES

 

NEW SECTION.  Sec. 2001.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Naselle Youth Camp-Three Cottages: Renovation (20081222)

Reappropriation:

State Building Construction Account—State        $1,703,000

Prior Biennia (Expenditures)                                    $197,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,900,000

NEW SECTION.  Sec. 2002.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital New Kitchen and Commissary Building (20081319)

The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for construction of the new kitchen, pharmacy, medical supply and commissary building at western state hospital, and for necessary modification at the special commitment center to achieve efficiencies in the cost of preparing and providing meals to state hospital patients and residents of the special commitment center. Cost savings must reach at least two million per year once the new facility if functional.

Appropriation:

State Building Construction Account—State      $29,000,000

Prior Biennia (Expenditures)                                    $828,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $29,828,000

NEW SECTION.  Sec. 2003.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Medical Lake Campus-Laundry Building: New Construction (20082371)

Appropriation:

State Building Construction Account—State           $150,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $10,100,000

TOTAL                                                                $10,250,000

NEW SECTION.  Sec. 2004.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Fircrest School Backup Power and Electrical Feeders (30000415)

The appropriation in this section is provided solely for electrical service rehabilitation and improvements on campus. The department of social and health services will also coordinate with the department of health to install a new and separate electrical service for the public health laboratory.

Appropriation:

State Building Construction Account—State        $5,200,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,200,000

NEW SECTION.  Sec. 2005.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Minor Works Program Projects: Statewide (30001859)

Appropriation:

State Building Construction Account—State           $905,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $20,000,000

TOTAL                                                                $20,905,000

NEW SECTION.  Sec. 2006.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Minor Works Preservation Projects: Statewide (30002235)

Reappropriation:

State Building Construction Account—State        $4,000,000

Appropriation:

State Building Construction Account—State      $10,645,000

Prior Biennia (Expenditures)                               $10,155,000

Future Biennia (Projected Costs)                       $120,030,000

TOTAL                                                              $144,830,000

NEW SECTION.  Sec. 2007.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Lakeland Village: Code Required Campus Infrastructure Upgrades (30002238)

Appropriation:

State Building Construction Account—State        $1,300,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $20,250,000

TOTAL                                                                $21,550,000

NEW SECTION.  Sec. 2008.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Child Study and Treatment Center-Orcas: Acute Treatment Addition (30002733)

Appropriation:

State Building Construction Account—State        $1,100,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,100,000

NEW SECTION.  Sec. 2009.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital-South Hall: Building Systems Replacement (30002735)

Appropriation:

State Building Construction Account—State        $4,450,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $4,450,000

NEW SECTION.  Sec. 2010.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Fircrest School: Campus Master Plan (30002738)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                      $100,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $100,000

NEW SECTION.  Sec. 2011.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Eastern State Hospital-Westlake: Nurse Call System (30002739)

Appropriation:

State Building Construction Account—State        $1,200,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,200,000

NEW SECTION.  Sec. 2012.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Rainier School: Campus Master Plan and Forest Management Plan (30002740)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                      $200,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $200,000

NEW SECTION.  Sec. 2013.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Yakima Valley School-Main Building: Roofing Replacement (30002742)

Appropriation:

State Building Construction Account—State        $1,500,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,500,000

NEW SECTION.  Sec. 2014.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Juvenile Rehab: New Acute Mental Health Beds (92000013)

Appropriation:

State Building Construction Account—State        $5,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,000,000

NEW SECTION.  Sec. 2015.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital-Forensic Services: Two Wards Addition (30002765)

Appropriation:

State Building Construction Account—State        $1,800,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $20,700,000

TOTAL                                                                $22,500,000

NEW SECTION.  Sec. 2016.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital-East Campus: Psychiatric Intensive Care Unit and Competency Restoration (30002773)

Appropriation:

State Building Construction Account—State        $2,200,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,200,000

NEW SECTION.  Sec. 2017.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Eastern State Hospital-Water System: Improvements (30003215)

Appropriation:

State Building Construction Account—State        $2,115,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,115,000

NEW SECTION.  Sec. 2018.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Yakima Valley School: Center for Excellence (30003236)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                      $200,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $200,000

NEW SECTION.  Sec. 2019.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital-South Hall: Wards Preservation and Renewal (30003240)

Appropriation:

State Building Construction Account—State        $1,350,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,350,000

NEW SECTION.  Sec. 2020.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital-East Campus: Wards Preservation and Renewal (30003241)

Appropriation:

State Building Construction Account—State        $1,600,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,600,000

NEW SECTION.  Sec. 2021.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Western State Hospital-East Campus: Building Systems Replacement (30003244)

Appropriation:

State Building Construction Account—State        $3,400,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,400,000

NEW SECTION.  Sec. 2022.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Eastern State Hospital and Western State Hospital-All Wards: Patient Safety Improvements (91000019)

Reappropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                   $2,000,000

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                   $2,569,000

Prior Biennia (Expenditures)                                 $2,800,000

Future Biennia (Projected Costs)                           $3,180,000

TOTAL                                                                $10,549,000

NEW SECTION.  Sec. 2023.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

ESH-15 Bed Addition for SB 5889 (92000016)

Appropriation:

State Building Construction Account—State        $1,400,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,400,000

NEW SECTION.  Sec. 2024.  FOR THE DEPARTMENT OF HEALTH

Newborn Screening Wing Addition (30000301)

Appropriation:

State Building Construction Account—State        $3,049,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,049,000

NEW SECTION.  Sec. 2025.  FOR THE DEPARTMENT OF HEALTH

Newborn Screening Lab Conversion (30000302)

Appropriation:

State Building Construction Account—State        $1,141,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,141,000

NEW SECTION.  Sec. 2026.  FOR THE DEPARTMENT OF HEALTH

Minor Works - Program (30000315)

Appropriation:

State Building Construction Account—State           $322,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $322,000

NEW SECTION.  Sec. 2027.  FOR THE DEPARTMENT OF HEALTH

Drinking Water Assistance Program (30000323)

Reappropriation:

Drinking Water Assistance Account—Federal    $23,225,000

Prior Biennia (Expenditures)                                 $5,575,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $28,800,000

NEW SECTION.  Sec. 2028.  FOR THE DEPARTMENT OF HEALTH

Minor Works - Facility Preservation (30000328)

Appropriation:

State Building Construction Account—State           $277,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $277,000

NEW SECTION.  Sec. 2029.  FOR THE DEPARTMENT OF HEALTH

Drinking Water Preconstruction Loans (30000334)

Appropriation:

Drinking Water Assistance Repayment Account—State       

                                                                                $6,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $24,000,000

TOTAL                                                                $30,000,000

NEW SECTION.  Sec. 2030.  FOR THE DEPARTMENT OF HEALTH

Drinking Water Assistance Program (30000336)

Appropriation:

Drinking Water Assistance Account—Federal                       

                                                                              $32,000,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                       $128,000,000

TOTAL                                                              $160,000,000

NEW SECTION.  Sec. 2031.  FOR THE DEPARTMENT OF HEALTH

Safe Reliable Drinking Water Grants (92000002)

Reappropriation:

State Building Construction Account—State        $1,428,000

Prior Biennia (Expenditures)                               $10,210,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $11,638,000

NEW SECTION.  Sec. 2032.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Walla Walla Nursing Facility (20082008)

Reappropriation:

State Building Construction Account—State      $14,357,000

General Fund—Federal                                        $24,000,000

Subtotal Reappropriation                                     $38,357,000

Prior Biennia (Expenditures)                                 $2,568,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $40,925,000

NEW SECTION.  Sec. 2033.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Minor Works Facilities Preservation (30000094)

Reappropriation:

State Building Construction Account—State           $675,000

Prior Biennia (Expenditures)                                    $638,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,313,000

NEW SECTION.  Sec. 2034.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Washington Veterans Home: Buildings 6 and 7 Demolition and Grounds Improvement (30000002)

Appropriation:

State Building Construction Account—State        $2,600,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,600,000

NEW SECTION.  Sec. 2035.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Feasibility Study/Predesign for Western State Hospital Skilled Nursing Replacement (30000090)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                      $125,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $125,000

NEW SECTION.  Sec. 2036.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Minor Works Facilities Preservation (30000174)

Appropriation:

State Building Construction Account—State        $3,095,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $9,690,000

TOTAL                                                                $12,785,000

NEW SECTION.  Sec. 2037.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Minor Works Program (30000131)

Appropriation:

State Building Construction Account—State           $945,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                           $4,864,000

TOTAL                                                                  $5,809,000

NEW SECTION.  Sec. 2038.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

South Central Washington State Veterans Cemetery Feasibility (30000151)

Appropriation:

Charitable, Educational, Penal, and Reformatory

Institutions Account—State                                      $100,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                     $100,000

NEW SECTION.  Sec. 2039.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

Eastern Washington Cemetery Upgrade (30000152)

Appropriation:

State Building Construction Account—State           $270,000

General Fund—Federal                                          $2,422,000

Subtotal Appropriation                                           $2,692,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,692,000

NEW SECTION.  Sec. 2040.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: Close Sewer Lagoon (20082022)

Reappropriation:

State Building Construction Account—State           $214,000

Prior Biennia (Expenditures)                                 $1,177,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,391,000

NEW SECTION.  Sec. 2041.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center: Transformers and Switches (30000143)

Appropriation:

State Building Construction Account—State           $150,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $12,699,000

TOTAL                                                                $12,849,000

NEW SECTION.  Sec. 2042.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center: Roof and Equipment Replacement (30000195)

Appropriation:

State Building Construction Account—State        $5,300,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,300,000

NEW SECTION.  Sec. 2043.  FOR THE DEPARTMENT OF CORRECTIONS

Clallam Bay Corrections Center: MSC and Rec Building Roofs (30000548)

Appropriation:

State Building Construction Account—State        $1,808,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,808,000

NEW SECTION.  Sec. 2044.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: WSR Replace Fire Alarm System (30000724)

Reappropriation:

State Building Construction Account—State        $2,001,000

Prior Biennia (Expenditures)                                    $615,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,616,000

NEW SECTION.  Sec. 2045.  FOR THE DEPARTMENT OF CORRECTIONS

Airway Heights Corrections Center: Replace Fire Alarm System (30000725)

Reappropriation:

State Building Construction Account—State        $1,950,000

Prior Biennia (Expenditures)                                 $1,449,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,399,000

NEW SECTION.  Sec. 2046.  FOR THE DEPARTMENT OF CORRECTIONS

Airway Heights Corrections Center: Security Electronics Renovations (30000726)

Reappropriation:

State Building Construction Account—State        $3,830,000

Prior Biennia (Expenditures)                                 $1,217,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,047,000

NEW SECTION.  Sec. 2047.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center for Women: Replace Fire Alarm System (30000727)

Reappropriation:

State Building Construction Account—State           $950,000

Prior Biennia (Expenditures)                                 $1,619,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,649,000

NEW SECTION.  Sec. 2048.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: TRU Support Building Repair Fire Detection System (30000733)

Reappropriation:

State Building Construction Account—State           $250,000

Prior Biennia (Expenditures)                                    $808,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,058,000

NEW SECTION.  Sec. 2049.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center: Security Video System (30000791)

Reappropriation:

State Building Construction Account—State        $4,363,000

Prior Biennia (Expenditures)                                 $2,609,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $6,972,000

NEW SECTION.  Sec. 2050.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: WSR Security Video System (30000795)

Reappropriation:

State Building Construction Account—State        $3,843,000

Prior Biennia (Expenditures)                                 $1,390,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,233,000

NEW SECTION.  Sec. 2051.  FOR THE DEPARTMENT OF CORRECTIONS

Statewide Minor Works - Preservation Projects (30000734)

Reappropriation:

State Building Construction Account—State        $1,500,000

Prior Biennia (Expenditures)                                 $8,600,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $10,100,000

NEW SECTION.  Sec. 2052.  FOR THE DEPARTMENT OF CORRECTIONS

Clallam Bay Corrections Center: Security Video System (30000800)

Appropriation:

State Building Construction Account—State        $5,700,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $5,700,000

NEW SECTION.  Sec. 2053.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: TRU Security Video System (30000801)

Reappropriation:

State Building Construction Account—State        $2,908,000

Prior Biennia (Expenditures)                                    $968,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,876,000

NEW SECTION.  Sec. 2054.  FOR THE DEPARTMENT OF CORRECTIONS

Washington Corrections Center for Women: Security Video System (30000802)

Reappropriation:

State Building Construction Account—State        $2,150,000

Prior Biennia (Expenditures)                                 $1,271,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $3,421,000

NEW SECTION.  Sec. 2055.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: SOU IMU Security Video (30000803)

Reappropriation:

State Building Construction Account—State        $1,806,000

Prior Biennia (Expenditures)                                    $834,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,640,000

NEW SECTION.  Sec. 2056.  FOR THE DEPARTMENT OF CORRECTIONS

Washington State Penitentiary: Education Building Roof (30000820)

Appropriation:

State Building Construction Account—State        $1,525,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,525,000

NEW SECTION.  Sec. 2057.  FOR THE DEPARTMENT OF CORRECTIONS

Airway Heights Corrections Center: Security Video System (30000838)

Appropriation:

State Building Construction Account—State        $8,300,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $8,300,000

NEW SECTION.  Sec. 2058.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: MSU Bathroom Renovation (30000975)

Appropriation:

State Building Construction Account—State        $1,720,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $1,720,000

NEW SECTION.  Sec. 2059.  FOR THE DEPARTMENT OF CORRECTIONS

Statewide: Minor Works - Programmatic Projects (30001004)

Appropriation:

State Building Construction Account—State           $640,000

Prior Biennia (Expenditures)©                                            $0

Future Biennia (Projected Costs)                         $18,816,000

TOTAL                                                                $19,456,000

NEW SECTION.  Sec. 2060.  FOR THE DEPARTMENT OF CORRECTIONS

Statewide: Minor Works - Preservation Projects (30001013)

Appropriation:

State Building Construction Account—State      $11,396,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $65,095,000

TOTAL                                                                $76,491,000

NEW SECTION.  Sec. 2061.  FOR THE DEPARTMENT OF CORRECTIONS

Monroe Correctional Complex: MSU Heat Exchanger Replacement (30001074)

Appropriation:

State Building Construction Account—State        $2,342,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $2,342,000

NEW SECTION.  Sec. 2062.  FOR THE DEPARTMENT OF CORRECTIONS

Clallam Bay Corrections Center: Access Road Culvert Replacement and Road Resurfacing (30001078)

Appropriation:

State Building Construction Account—State        $4,500,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                  $4,500,000

NEW SECTION.  Sec. 2063.  FOR THE DEPARTMENT OF CORRECTIONS

Washington State Penitentiary: Program and Support Building (30001101)

Appropriation:

State Building Construction Account—State        $1,900,000

Prior Biennia (Expenditures)                                               $0

Future Biennia (Projected Costs)                         $15,014,000

TOTAL                                                                $16,914,000

 

PART 3

NATURAL RESOURCES

 

NEW SECTION.  Sec. 3001.  FOR THE DEPARTMENT OF ECOLOGY

Water Supply Facilities (19742006)

Reappropriation:

State and Local Improvements Revolving Account (Water

Supply Facilities)—State                                          $345,000

Prior Biennia (Expenditures)                               $20,205,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $20,550,000

NEW SECTION.  Sec. 3002.  FOR THE DEPARTMENT OF ECOLOGY

Low-Level Nuclear Waste Disposal Trench Closure (19972012)

Reappropriation:

Site Closure Account—State                               $10,917,000

Appropriation:

Site Closure Account—State                                 $3,675,000

Prior Biennia (Expenditures)                                 $4,516,000

Future Biennia (Projected Costs)                                         $0

TOTAL                                                                $19,108,000

NEW SECTION.  Sec. 3003.  FOR THE DEPARTMENT OF ECOLOGY

Twin Lake Aquifer Recharge Project (20042951)

Reappropriation:

State Building Construction Account—S