BILL REQ. #:  H-1896.1 

Read first time 02/21/2005.   Referred to Committee on Housing.

     AN ACT Relating to preventing and ending homelessness in the state of Washington; amending RCW 36.22.178 and 36.18.010; adding new sections to chapter 36.22 RCW; adding a new chapter to Title 43 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Despite laudable efforts by all levels of government, private individuals, nonprofit organizations, and charitable foundations to end homelessness, the number of homeless persons in Washington is unacceptably high. The state's homeless population, furthermore, includes a large number of families with children, youth, and employed persons. The legislature finds that the fiscal and societal costs of homelessness are high for both the public and private sectors, and that ending homelessness is both morally and economically imperative.
     The legislature finds that there are many causes of homelessness, including a shortage of affordable housing; a shortage of family-wage jobs which undermines housing affordability; a lack of an accessible and affordable health care system available to all who suffer from physical and mental illnesses and chemical and alcohol dependency; domestic violence; and a lack of education and job skills necessary to acquire adequate wage jobs in the economy of the twenty-first century.
     The support and commitment of all sectors of the statewide community is critical to the chances of success in ending homelessness in Washington. While the provision of housing and housing-related services to the homeless should be administered at the local level to best address specific community needs, the legislature also recognizes the need for the state to play a primary coordinating, supporting, and monitoring role. In order to truly end homelessness, there must be a clear assignment of responsibilities and a clear statement of achievable and quantifiable goals. Systematic statewide data collection on homelessness in Washington must be a critical component of such a program enabling the state to work with local governments to count, track, and report upon the number and geographic location of all homeless persons.
     The systematic collection and rigorous evaluation of homeless data, a search for and implementation through adequate resource allocation of best practices, and the systematic measurement of progress toward interim goals and the ultimate goal of ending homelessness are all necessary components of a statewide effort to end homelessness in Washington by July 1, 2015.

NEW SECTION.  Sec. 2   This chapter may be known and cited as the ending homelessness act.

NEW SECTION.  Sec. 3   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of community, trade, and economic development.
     (2) "Director" means the director of the department of community, trade, and economic development.
     (3) "Homeless person" means an individual living without permanent shelter, including an individual living outside, in an emergency shelter, and in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist.
     (4) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington. After the first census, the department shall implement increasingly frequent counts to work towards reaching the goal of continuously available current information on homeless statistics.
     (5) "Homeless housing account" means the state treasury account receiving the state's portion of income from revenue from the sources established by section 12 of this act.
     (6) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the homeless housing account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to ending homelessness in Washington. State funds accessible through the homeless housing grant program are to supplement the local government's share of the revenue from the sources established by section 12 of this act to support programs to end homelessness within their boundaries.
     (7) "Local government" means a county government in the state of Washington. If a city government affirmatively elects to join this effort by accepting the responsibility for ending homelessness within its borders through the operation of a homeless housing program separate from that of the county, it is included in the definition of "local government." All local government efforts must be incorporated into the state strategic plan.
     (8) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other. Such a continuum could, for example, range from homeless on the street, to homeless in a temporary shelter, to participation in a transitional housing program, to residency in a supportive housing environment, to acquisition and maintenance of a subsidized apartment, to acquisition and maintenance of a nonsubsidized apartment, and, for many, to homeownership.
     (9) "Local homeless housing advisory council" means a voluntary local committee created to advise a local government on the creation of a local homeless housing strategic plan, participate in a program evaluation within the service area, and report to the department on the local area's progress toward meeting the goal of ending homelessness.
     (10) "Long-term private or public housing" and "permanent shelter" mean subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation of less than two years.
     (11) "Housing wage" is the amount a person working full time has to earn to afford the fair market rent on a two bedroom unit while paying no more than thirty percent of their income in rent.
     (12) "Interagency committee on homelessness" means a committee appointed by the governor and consisting of, at least, the director of the department; the secretary of the department of corrections; the secretary of the department of social and health services; the director of the department of veterans affairs; and the secretary of the department of health.
     (13) "Homeless population" means, at the time of the first statewide homeless census, the number of persons living without housing or in temporary shelters, and after that time it will mean the number living without housing, including those who have refused a bona fide offer of housing under the local homeless housing plan, or in temporary shelter as of that later date plus the number who have successfully secured and remain in transitional or permanent housing under the local plan since the date of the first homeless census, or having secured such housing, have moved out of the local area.
     (14) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.

NEW SECTION.  Sec. 4   There is created within the department the homeless housing program to develop and coordinate a statewide strategic plan, and to create resources targeted to providing all homeless individuals and families with decent permanent housing. The department and all Washington county governments share the responsibility for ending homelessness in the state of Washington within ten years. The program will be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020 and the state homeless advisory council.

NEW SECTION.  Sec. 5   The department shall annually conduct a Washington homeless census or count. The census will count all homeless individuals living outdoors, in shelters, and in transitional housing. The department will collaborate with existing local homeless census projects where they exist. The department will work with local governments and community organizations to implement census projects in areas of the state not currently conducting an annual census count.
     All homeless census projects must make every effort to collect basic demographic information on each homeless individual, to include:
     (1) Name;
     (2) Gender;
     (3) Birth date;
     (4) Family status and next of kin notification information;
     (5) Health and disability status;
     (6) Veteran status;
     (7) Current housing situation;
     (8) Current location and contact information;
     (9) Government subsidies currently being accessed;
     (10) Substance abuse issues;
     (11) Employment status;
     (12) Annual income;
     (13) Last address;
     (14) Self-declared reason for homelessness;
     (15) Education and training status;
     (16) Race;
     (17) Additional information as determined by the department by rule; and
     (18) Additional information of interest to the local community.
     All personal information collected in the census is confidential, and the department and each local government shall take all necessary steps to protect the identity of each person counted.
     The Washington homeless census must be conducted initially annually on a schedule created by the department. The census will be coordinated, when reasonably feasible, with already existing homeless census projects including those funded in part by the United States department of housing and urban development, under the McKinney-Vento homeless assistance program.
     After two years, the count must be conducted by appropriate methodology every six months. After four years, the count must be conducted every three months. After six years, the count must be conducted once each month. After ten years the count must be conducted on a daily basis.
     The department shall create a uniform method, as part of its homeless management information system, created under RCW 43.63A.655, by which individual local government homeless census projects will submit their data for statewide tabulation, analysis, and reporting, and shall develop a methodology for determining the counts between full census counts from available data. The department shall make the annual statewide Washington homeless census data available to the public each year. This data, and its analysis, will be included in the department's annual updated homeless housing program strategic plan. Local governments will utilize the data to update their local strategic plans.
     The department shall assist local governments in improving data collection methods for their homeless census projects to progress towards the ultimate goal of achieving the availability of continuous information on the number, location, and characteristics of homeless persons in Washington.
     By the end of year four, the department shall implement an online real-time information and referral system to enable a local government to identify available housing for a homeless person. Data collected through this system shall also provide the department with regular counts of the number of homeless persons acquiring housing and the number of persons turned away without successful housing placement. A quarterly summary including such data shall be produced and shall include a summary of the type and quality of the housing provided to homeless individuals. This report shall be produced by the department and shall be available to the public for review.
     By the end of year four, the department shall implement an organizational quality management system equivalent to the Malcolm Baldridge national quality program.
     By the end of year five, the department shall apply to the Washington state quality award program, and shall apply every five years thereafter.

NEW SECTION.  Sec. 6   Six months after the first Washington homeless census, the department shall prepare and present a ten-year homeless housing program strategic plan which will outline statewide goals and performance measures. This plan shall be prepared with consultation from the interagency committee on homelessness and with local governments and homeless housing providers. The plan will be updated annually and will be annually reviewed and approved by the governor. The department's updated plans will subsequently be released each June. Local governments will base their local ten-year homeless housing strategic plans upon the goals and program recommendations of the state plan.
     Mandatory homeless housing program performance measures are defined within this section. Additional performance measures may be created by the department. Mandatory performance measures must be reflected in the department's homeless housing strategic plan as well as in local strategic plans.
     The department shall issue mandatory homeless housing program performance measures that apply to both the department for statewide outcomes and local governments for local outcomes. The performance measures must consist of, but are not limited to, the following:
     (1) By the end of year one a comprehensive census shall be finalized and will report on all homeless individuals in the state of Washington;
     (2) By the end of year two, all individuals in the homeless population will be offered housing in at least temporary housing, which could include emergency shelters or other indoor facilities;
     (3) By the end of year four, twenty-five percent of the local homeless population will be housed in long-term private or public housing;
     (4) By the end of year six, fifty percent of the local homeless population will be housed in long-term private or public housing;
     (5) By the end of year eight, seventy-five percent of the local homeless population will be housed in long-term private or public housing; and
     (6) By the end of year ten, and in each subsequent year, one hundred percent of the local homeless population will be housed in long-term private or public housing.
     The department shall report annually to the governor and the appropriate committees of the legislature an assessment of its performance in addressing the statewide homeless problem, and the performance of each participating local government in creating and executing a local homeless housing plan which meets the requirements of this chapter.

NEW SECTION.  Sec. 7   Each local government must create a local homeless housing advisory council consisting of representatives from multiple stakeholder groups. Advisory council members could include representatives from other governmental entities within the defined area, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, local housing authorities, representatives from the business community, work force training entities, health care organizations, and regional or statewide nonprofit housing assistance organizations. Councils must also include a homeless or formerly homeless individual.
     In lieu of creating a new local homeless housing advisory council, a local government may designate an existing body which substantially conforms to this section and which includes at least one homeless or formerly homeless individual to serve as its homeless representative.

NEW SECTION.  Sec. 8   Each local government shall prepare and present a ten-year homeless housing plan for its jurisdictional area which will be based upon the department's statewide ten-year plan. This local plan shall be updated annually and submitted to the department for approval. Local plans will be submitted to the department for review and will be available to the public each year on dates to be determined by the department. All local plans shall include the mandatory homeless housing program performance measures as provided in section 6 of this act and additional performance measures created by the department. Plans may include specific local performance measures determined by the local homeless housing advisory councils, and shall include recommendations for any state legislation needed to meet goals. To be accepted by the department, a local plan must include measures reasonably calculated to achieve the housing goals in section 6 of this act, including the ultimate goal of housing for all persons in the local homeless population.

Sec. 9   RCW 36.22.178 and 2002 c 294 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, a surcharge of ((ten)) twelve dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The auditor may retain up to five percent of these funds collected to administer the collection of these funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the state treasurer who will deposit the funds into the Washington housing trust account. The office of community development of the department of community, trade, and economic development will develop guidelines for the use of these funds to support building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income persons with incomes at or below thirty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses. ((Sixty percent of the revenue)) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to very low-income housing projects or units within such housing projects in the county and the cities within a county according to an interlocal agreement between the county and the cities within the county, consistent with countywide and local housing needs and policies. The funds generated with this surcharge shall not be used for construction of new housing if at ((any)) the time funds are dedicated for this purpose the vacancy rate for available low-income housing within the county rises above ten percent, unless the new housing is constructed to provide housing to identifiable populations of persons with disabilities, senior citizens, homeless persons or families, seasonal farm workers, or victims of domestic violence within the county or within a city or town within the county, and it is determined through a public review process that these housing needs are not being adequately served by the existing private or public housing. The vacancy rate for each county shall be developed using the state low-income vacancy rate standard developed under subsection (3) of this section. Permissible uses of these local funds are limited to and equal consideration shall be given to:
     (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income;
     (b) Supporting building operation and maintenance costs of housing projects or units within housing projects built with housing trust funds, that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses;
     (c) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive, but not built with, housing trust funds, that are affordable to very low-income persons with incomes at or below thirty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses;
     (d) Rental assistance vouchers, payable to a landlord, including rental assistance or vouchers for payment of first and last month's rent and security and other deposits required of all other new tenants by a landlord, for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, to be administered ((by a local public housing authority or other local organization that has an existing rental assistance voucher program,)) consistent with the United States department of housing and urban development's section 8 rental assistance voucher program standards regarding dwelling inspections, lease terms, affordability, eligibility for receiving rental assistance vouchers, and grounds for eviction and termination of receipt of voucher funds, provided that of the whole amount retained of the county's share of the revenue collected under this section not less than twenty percent shall be devoted to rental assistance vouchers, and further provided that of the amount devoted to rental assistance vouchers not less than seventy percent shall be used for vouchers for tenants of privately owned dwellings; and
     (((d))) (e) Operating costs for emergency shelters and licensed overnight youth shelters.
     (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.
     (3) The real estate research center at Washington State University shall develop a vacancy rate standard for low-income housing in the state as described in RCW 18.85.540(1)(i).

NEW SECTION.  Sec. 10   A new section is added to chapter 36.22 RCW to read as follows:
     (1) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsection (2) of this section, an additional surcharge of ten dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. The funds collected pursuant to this section are to be distributed and used as follows:
     (a) The auditor shall remit sixty percent to the county to be used by the county for administrative costs and programs which directly accomplish the goals of the local government's strategic plan to end homelessness, except that for each city in the county which elects as authorized in section 14 of this act to operate its own homeless housing program, the surcharge assessed under this section and paid in connection with transactions in that city shall be transmitted quarterly to the city treasurer for administrative and program costs which directly accomplish the goals of the city's strategic plan to end homelessness.
     (b) The auditor shall remit forty percent to the department of community, trade, and economic development, one-eighth of which may be used by the department for administration of the program established in section 4 of this act. The remaining seven-eighths is to be distributed by the department of community, trade, and economic development through the homeless housing grant program.
     (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

NEW SECTION.  Sec. 11   A new section is added to chapter 36.22 RCW to read as follows:
     (1) In addition to the surcharges authorized in RCW 36.22.178 and section 10 of this act, and except as provided in subsection (2) of this section, an additional surcharge of five dollars may be authorized by the legislative authority of the county and charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. The funds collected pursuant to this section are to be retained by the county, except that the funds collected in connection with a transaction in a city which operates its own homeless housing program under chapter 43.-- RCW (sections 1 through 8, 12, and 24 through 26 of this act) shall be transmitted quarterly to that city, and the county or city shall use these funds solely for the purposes authorized in section 10 of this act, provided that of the whole amount of the revenues collected under this section not less than twenty percent shall be devoted to rental assistance vouchers, and further provided that of the amount devoted to rental assistance vouchers not less than seventy percent shall be used for vouchers for tenants of privately owned dwellings.
     (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

NEW SECTION.  Sec. 12   The homeless housing account is created in the custody of the state treasurer. The state's portion of the surcharge established in section 10 of this act must be deposited in the account. Expenditures from the account may be used only for the homeless housing program as described in section 10(1)(b) of this act. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 13   (1) During each calendar year in which moneys from the homeless housing account are available for use by the department for the homeless housing grant program, the department shall announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration. This announcement will be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds, less appropriate administrative costs of the department as described in section 10 of this act. In awarding funds under this chapter, the department shall strive for a geographic distribution of the funds.
     (2) The department will develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications.
     (3) The department may approve applications only if they are consistent with the local and state homeless housing program strategic plans and have been reviewed by the local homeless housing advisory council. The department may give preference to applications based on some or all of the following criteria:
     (a) The total homeless population in the applicant local government service area, as reported by the most recent annual Washington homeless census;
     (b) Current local expenditures to provide housing for the homeless and to address the underlying causes of homelessness as described in section 1 of this act;
     (c) Local government and private contributions pledged to the program in the form of matching funds, property, infrastructure improvements, and other contributions; and the degree of leveraging of other funds from local government or private sources for the program for which funds are being requested, to include recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
     (d) Construction projects that demonstrate a strong probability of serving homeless individuals or families for a period of at least twenty-five years;
     (e) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations;
     (f) The degree to which the applicant project represents a collaboration between local governments, nonprofit community-based organizations, local and state agencies, and the private sector;
     (g) The experience and past performance of the local government in operating similar programs;
     (h) The prior performance of the local government in operating programs funded by the homeless housing account;
     (i) The operational capacity of the local government and its subcontracting entity, if any, including fiscal capacity, staff experience, and management structure;
     (j) The existence of performance measures within the program's evaluation plan to consist of the homeless housing program's mandatory performance measures as defined in section 6 of this act, additional mandatory homeless housing performance measures which may be defined by the department, and specific local performance measures, if applicable;
     (k) The ability to track and report on outcomes related to the mandatory homeless housing program performance measures and other defined local performance measures;
     (l) The cooperation of the local government in the annual Washington homeless census project;
     (m) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse work force and pay the Washington housing wage;
     (n) The extent, if any, that the local homeless population is disproportionate to the revenues collected under this chapter, RCW 36.22.178, and sections 10 and 11 of this act;
     (o) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan; and
     (p) After year three, an organization's performance as reported by the affordable housing advisory board performance scorecard.

NEW SECTION.  Sec. 14   Only a local government is eligible to receive a homeless housing grant from the homeless housing account. The legislature specifically assigns responsibility to individual counties to end homelessness within their borders. All counties receive revenue directly from sources established by RCW 36.22.178 and sections 10 and 11 of this act to accomplish this goal. Counties are also eligible to apply for the state's portion of funding from sources established by this chapter through the homeless housing grant program. Any city may specifically assert responsibility for ending homelessness within its borders if it so chooses, by forwarding a resolution to the board of county commissioners stating its intention and its commitment to operate a separate homeless housing program. A city shall make the determination regarding whether or not there is a need for the city to assert control and assume responsibility for ending homelessness within its boundaries on its own volition or upon the successful completion of a petition by fifty citizens of the city. The city will then receive the portion of the county funds attributable to document recordings involving transactions within the city. A participating city may also then apply separately and individually for homeless housing program grants. A city choosing to operate a separate homeless housing program is thereby accepting the responsibility for ending homelessness within the city's boundaries and is responsible for complying with all of the same reporting requirements as counties.
     Local governments applying for homeless housing funds may subcontract with any other local government, nonprofit community-based organization, or private entity for the execution of programs contributing to the overall goal of ending homelessness within a defined service area. All subcontracts shall be consistent with the local homeless housing plan adopted by the legislative authority of the local government and filed with the department and shall have specific performance terms. Two or more local governments may also work in concert to develop and execute a joint homeless housing strategic plan, or to contract with another entity to do so. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for ending homelessness within its borders.

NEW SECTION.  Sec. 15   (1) The department will allocate grant moneys from the homeless housing account to finance in whole or in part programs and projects to assist homeless individuals and families gain access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing.
     (2) Activities eligible for assistance from the homeless housing account include, but are not limited to:
     (a) Shelters, transitional and related services for the homeless, including emergency shelters, overnight youth shelters, transitional housing, and supportive housing;
     (b) Participation in a rental assistance subsidy or voucher program created by a county or participating city or housing authority under guidelines issued by the department;
     (c) Emergency eviction prevention programs, including temporary rental and mortgage payment subsidies to prevent homelessness;
     (d) New construction, expansion, rehabilitation, or acquisition of housing units specifically to be used to house homeless individuals and families;
     (e) Homeless supportive services directly related to assisting families to acquire and retain stable housing;
     (f) Rental deposit and security deposit assistance for individuals and families moving into rental units;
     (g) Outreach to homeless individuals and families;
     (h) Homeless census data collection;
     (i) Creation and ongoing management of voluntary local homeless housing advisory councils;
     (j) Administrative costs when such a grant will substantially increase the recipient's access to housing funds other than those available under this chapter; and
     (k) Technical assistance, design, and finance services and consultation.

NEW SECTION.  Sec. 16   The department will develop a consistent statewide data gathering instrument to monitor the performance of grant recipients in order to determine compliance with the terms and conditions set forth in the grant application or required by the department. The data gathering instrument shall allow the governor, legislature, and other citizens to monitor the progress of the state and local governments in accomplishing the goals of this chapter. The department shall encourage and assist local governments to collaborate with other local entities and to use relevant information from other agencies and entities. The department shall evaluate the information gathered and disseminate its findings in periodic reports. The affordable housing advisory board shall annually publish a scorecard or summary evaluation of the performance of the department and each local government toward meeting its goals under the local and statewide plans, including an assessment of the following performance measures:
     (1) The reduction in homelessness from the initial count;
     (2) The reduction in persons turned away without a housing placement;
     (3) The transition time from homelessness to permanent housing;
     (4) The reduction in the death rate amongst the homeless population;
     (5) The nightly cost per person housed at each level of the housing continuum;
     (6) The quality management system in place, provided that the local government shall implement a quality management system similar to the Baldridge criteria and apply to the Washington state quality award program by the end of year five and every five years thereafter;
     (7) The ability to successfully collect data and report performance;
     (8) The extent of collaboration and coordination between public bodies, as well as community stakeholders;
     (9) The level of community support and participation in the program; and
     (10) The quality and safety of housing provided.

NEW SECTION.  Sec. 17   The department will provide technical assistance to any participating local government that requests such assistance. Technical assistance activities may include:
     (1) Assisting local governments to identify appropriate parties to participate on local homeless housing advisory councils;
     (2) Assisting local governments to identify appropriate service providers with which the local governments may subcontract for service provision and development activities, when necessary;
     (3) Assisting local governments to implement or expand homeless census programs to meet homeless housing program requirements;
     (4) Assisting in the identification of "best practices" from other areas;
     (5) Assisting in identifying additional funding sources for specific projects; and
     (6) Training local government and subcontractor staff.

NEW SECTION.  Sec. 18   The department shall establish a uniform process for participating local governments to report progress toward meeting goals relative to the mandatory performance outcomes. At a minimum, progress towards goals and goals achieved will be reported by each local government in its annual updated homeless housing strategic plan.

NEW SECTION.  Sec. 19   The department shall advise local governments and their subcontracting agents on the interpretation and appropriate reporting of mandatory performance measures detailed in this chapter, including rules regarding how a homeless person's refusal to accept an offer of housing is to be recorded and reported.

NEW SECTION.  Sec. 20   The department may issue rules regarding the grant process and the substance of eligible programs and projects consistent with this chapter. The department shall consider the recommendations of the affordable housing advisory board, the state homeless advisory council, local governments, and local homeless housing advisory councils regarding how funds are used in their geographic areas.

NEW SECTION.  Sec. 21   The affordable housing advisory board established in RCW 43.185B.020, the state homeless advisory council, and the interagency committee on homelessness shall advise the director on homeless housing needs in this state, operational aspects of the grant program and revenue collection program established by this chapter, and implementation of the policy and goals of this chapter. The department shall develop quantifiable measures of the major state program and institutional causes of homelessness.

NEW SECTION.  Sec. 22   The department shall ensure that the state's interest is protected upon the development, use, sale, or change of use of projects constructed, acquired, or financed in whole or in part through the homeless housing grant program. These policies may include, but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project, or (2) requiring a lump sum repayment of the grant upon the sale or change of use of the project.

Sec. 23   RCW 36.18.010 and 2002 c 294 s 3 are each amended to read as follows:
     County auditors or recording officers shall collect the following fees for their official services:
     For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050 as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction;
     For preparing and certifying copies, for the first page eight and one-half by fourteen inches or less, three dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
     For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
     For administering an oath or taking an affidavit, with or without seal, two dollars;
     For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;
     For searching records per hour, eight dollars;
     For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;
     For recording of miscellaneous records not listed above, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
     For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170((.));
     For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees((.));
     For recording instruments, a surcharge as provided in RCW 36.22.178;
     For recording instruments, a surcharge as provided in section 10 of this act; and
     For recording instruments, a surcharge as provided in section 11 of this act.

NEW SECTION.  Sec. 24   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. 25   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 26   This act takes effect August 1, 2005.

NEW SECTION.  Sec. 27   Sections 1 through 8, 12 through 22, and 24 through 26 of this act constitute a new chapter in Title 43 RCW.